Act on Cantonal and Communal Authorities (Authorities Act, BehG) (Behördengesetz, BehG) - Scope (BEHG)

1. Unless otherwise stipulated by other legislation, this law applies to the members of all cantonal and municipal authorities and commissions, as well as the administrative authorities of autonomous institutions.

2. In this law, unless otherwise specified, the term "authority" is used for all persons subject to paragraph 1.

1. Eligible to Vote as Members of Authorities

Swiss men and women who have reached the age of 18 and have not been disqualified from eligibility to vote by law are eligible to vote as members of authorities.

1. Eligible as members of all authorities to be elected by cantonal instances are persons who are legally domiciled in the canton at the time of the election.

2. Eligible as members of all authorities to be elected by municipal instances are persons who are legally domiciled in the respective municipality at the time of the election.

3. For persons who lose eligibility due to a change of residence, the replacement election is to be carried out usually at the next meeting of the electoral authority.

4. Eligibility for a cantonal or municipal commission, as well as for an administrative commission of an independent institution, is not dependent on the residence requirement.

1. Grounds for exclusion due to incompatibility concerning the person are governed by Art. 48 of the Cantonal Constitution.

2. Grounds for exclusion based on a marriage or a registered partnership remain in effect even after their dissolution.

3. Individuals may not be nominated for election if there exists a ground for exclusion against them due to incompatibility with an already elected person whose term in office has not expired.

4. If individuals are elected by secret ballot for the same term of office against whom a ground for exclusion due to personal incompatibility exists, the decision regarding the required resignation shall be determined by lot.

5. The drawing of lots and any potential replacement election should be conducted as soon as possible. The lot is to be drawn by the chair of the cantonal or municipal voting office.

1. The Incompatibility with Office exists according to Article 41 of the Cantonal Constitution and the following provisions.

2. The members of the Conciliation Authority and the Public Prosecutor's Office may not belong to the Cantonal Court, the Higher Court, the Cantonal Parliament, or the Government Council.

3. Full-time municipal employees may not belong to the administrative council of the respective municipality; Article 89 paragraph 2 of the Cantonal Constitution remains reserved.

4. Judges may neither engage in any activity that impairs the fulfillment of official duties, independence, or the reputation of the court, nor professionally represent third parties before the court to which they belong.

5. Full-time Presidents of the Court may not hold any other office or engage in any other gainful activity. They are also prohibited from serving as a member of the management, administration, supervisory body, or audit body of an economic enterprise. The Judicial Commission of the Cantonal Parliament may permit them to engage in ancillary activities without a profit motive if the unrestricted fulfillment of official duties, independence, and the reputation of the court are not impaired thereby.

6. The incompatibility with the office of the Government Council is further governed by Article 22 of the Government Council Act.

1. The incompatibility with the office according to Art. 5 Para. 1-3 can be resolved by refusal of election or by resignation.

2. The refusal of election must be immediately declared by the proposed person as soon as they become aware of the nomination.

3. The resignation is to be executed immediately; the replacement election is to be conducted at the next meeting of the electoral authority.

1. Every eligible active citizen is obliged to assume the constitutionally assigned office for a term of office, provided it is a secondary office.

2. Once a member of an authority has accepted the election or commenced the new term of office, they are obliged, subject to Article 6, to perform the assigned office for the entire term of office.

3. Anyone wishing to resign from office prematurely requires approval. The electoral authority is responsible for this; subject to paragraph 4.

4. The responsibility for approving a premature resignation lies with

1. the Cantonal Council for members of the Cantonal Council, the Government Council, and the delegation to the Council of States;

2. the Government Council for a member of the administrative council;

3. the administrative council for municipal commissions.

5. The timing of the resignation is determined with the approval.

1. Acceptance of election to an office, for which holding office is mandatory, may be declined subject to further legislation by

1. anyone who has reached the age of 60;

2. anyone who is unable to perform the duties of the assigned office due to illness or disability;

3. anyone who at the time of election is already a member of another authority or has been a member of one or several authorities for at least three full terms prior to the election; membership in commissions does not constitute a ground for refusal;

4. * the county clerk, the secretary of the district council, members of the police corps, and the municipal clerks of the political municipalities.

2. Election by a cantonal or communal authority can also be refused by anyone who has already been fined once by the government council or an administrative council for refusing to perform an office.

3. The government council or administrative council is authorized to approve the refusal of an election for other important reasons.

1. The refusal of election must be declared immediately upon acknowledgment of the electoral proposal or the election.

2. The declaration following the election must be made in writing

1. to the Government Council, if it concerns a position filled by a cantonal authority;

2. to the Administrative Council, if it concerns a position filled by a municipal authority.

3. Until a final decision is made on the refusal of election, the elected individual must refrain from exercising office.

1. The government council or the administrative council decides on the approval or rejection of the election refusal.

2. In the event of rejection of the election refusal, the decision must specify the fine that must be paid by the elected individual if they refuse to assume office.

1. The rejection of an electoral objection can be appealed to the administrative court within ten days.

1. For the refusal to perform official duties, the competent authorities shall impose fines according to the following tariff

1. for membership in an authority appointed by a cantonal instance, CHF 1,000 to CHF 5,000;

2. for membership in a commission appointed by a cantonal instance, CHF 200 to CHF 1,000;

3. for membership in an authority appointed by a municipal instance, CHF 500 to CHF 2,500;

4. * for membership in a commission appointed by a municipal instance, CHF 100 to CHF 500.

2. The fines shall be allocated to the state treasury or to the respective municipal treasury.

1. Elections are to be conducted as follows

1. * to the district council in accordance with the provisions of the law on the proportional representation of the district council[2] and to the administrative councils of the municipalities in accordance with the provisions of the Municipal Act[3];

2. * to the government council and the Council of States in accordance with the provisions of the Election and Voting Act[4];

2a. * to the Supreme Court, the Cantonal Court, and the Administrative Court in the second year after the new election of the district council; the term of office begins on July 1st following the election;

3. * to the authorities to be elected by the district council and to the administrative authorities of the independent cantonal institutions at the constituent meeting of the district council;

4. to the permanent cantonal and municipal commissions at the beginning of each new term; if the administrative councils are each renewed by half according to Art. 76 No. 2 of the Cantonal Constitution, the elections to municipal commissions to be conducted by them may take place every two years;

5. to the non-permanent cantonal and municipal commissions at any time.

2. By-elections may be conducted at any regular or extraordinary meeting of the electoral authority.

1. Elections shall be conducted as majority elections, unless proportional representation is introduced by law.

1. In elections for the renewal of authorities, the remaining members shall be subject to election in descending order of their age at the time of election; elections for retiring members shall be conducted thereafter.

2. If three or more nominations are made for an election, in each round of voting the candidate with the fewest votes is eliminated. If a candidate obtains the majority of all votes in a voting round, the election is concluded.

3. The conduct of secret elections by cantonal authorities and municipalities is to be regulated by the Landrat through ordinances.

1. The term of office for the authorities is four years.

2. It commences with the election, unless determined otherwise by legislation.

3. The elections of cantonal authorities are to be arranged within the framework of legislation so that the term of office coincides with that of the Cantonal Council.

4. The elections of the administrative councils and other municipal authorities are to be arranged according to the municipal regulations so that they take place in the same year as the Cantonal Council elections or two years thereafter. Pursuant to Art. 76 para. 2 of the Cantonal Constitution, municipalities may elect half of the administrative councils and the members of the Finance Commission every two years.

1. Retiring members of executive authorities are obliged to hand over official documents.

2. In important cases, or if requested by a party, a protocol must be recorded during the handover of office.

1. The District Administrator designates the members of the authorities who are required to take the official oath or affirmation.

2. The District Administrator prescribes the procedure for the official oath and affirmation.

1. Membership in an authority may be terminated independently of disciplinary dismissal for important reasons.

2. The authorities mentioned in Art. 35 are responsible for the termination.

3. Important reasons include unfitness for office, bankruptcy, unsuccessful distress, as well as any circumstance where membership in an authority no longer appears reasonable according to good faith.

4. The procedure is subject to Art. 38.

5. The decision can be appealed to the administrative court.

1. Authorities are to be convened

1. when the rules of procedure provide for it;

2. when the authority decides or the president orders;

3. when at least one-quarter of the council members demand the convocation in writing while specifying the matters to be addressed.

2. The meeting day is to be determined by the president in all cases.

1. A member of an authority must recuse themselves

1. in their own case, or if they otherwise have a direct personal interest in the outcome of the matter;

2. * in matters involving a person who is related by direct line or collateral line up to and including the third degree, or by marriage;

2a. * in matters involving the spouse or the partner from a registered partnership;

2b. * in matters involving the spouse or the partner from a registered partnership of siblings;

3. * in matters involving the foster parents, a foster child, or a person for whom they are a guardian or legal representative;

4. in matters involving a legal entity under public or private law of which they are a member of the governing body, and in matters involving a general or limited partnership of which they are a member;

5. * in matters where they have a relationship by kinship, as defined in points 2, 2a, and 2b, with the lawyer or legal representative of a party;

6. in matters where they themselves or a party, due to justifiable concerns about their impartiality, request recusal.

2. Any dispute over recusal is decided by the full authority concerned. The affected member does not participate in the vote.

3. Additional provisions of the legislation remain reserved.

1. Authorities have a quorum when at least half of the members are present.

2. The quorum of the courts is regulated by the Court Act.

3. If too many members of the administrative council are recused, or if the administrative council is otherwise permanently unable to reach a quorum, the governing council must appoint a substitute administration.

1. During the deliberation, each member of the authority may express their opinion and submit motions.

2. The secretaries of the authorities have an advisory vote.

1. The simple majority of votes decides, unless otherwise provided.

2. Where the legislation does not specify otherwise, the president does not vote; in the event of a tie, he casts the deciding vote.

1. Members of authorities are required to fulfill their duties faithfully and conscientiously.

2. Each member is obligated to assume the official duties assigned to them by the authority.

1. The member of the authority must keep confidential any observations made in the course of exercising their duties that relate to official obligations.

2. The duty of confidentiality persists even after leaving the agency.

3. The duty of confidentiality does not apply

1. to the supervisory authority within its area of jurisdiction;

2. to the authority of which one is a member, within its area of jurisdiction;

3. where legislation provides for exceptions.

1. Competent authorities for the release from official secrecy are as follows

1. The government council for heads of directorates, for members of commissions subject to the provision of number 2, and for persons employed under a public law employment relationship;

2. The cantonal council office for members of the cantonal council and members of commissions elected by the cantonal council;

3. * The superior court for judges, for court clerks, as well as for members of the public prosecutor’s office and the conciliation authority;

4. * The administrative council for the individual members of the administrative council;

5. * The government council for the administrative council.

2. The authority may only adhere to official secrecy insofar as confidentiality is necessary to safeguard overriding interests, to protect the privacy of individuals, or out of regard for ongoing proceedings.

3. If the authority adheres to official secrecy, it must justify its decision. Instead of providing information or disclosing documents, it may submit a special report.

4. If a supervisory commission maintains a request for access to records following the authority's decision, the documents must be submitted to it.

1. The remuneration of the members of the cantonal authorities is governed by the Act on the Remuneration of Authorities (Remuneration Act).

2. The remuneration of the members of the municipal authorities is regulated by a regulation in accordance with the provisions of the Municipal Act.

1. Members of authorities are to be insured by the canton or the municipality against the consequences of accidents that occur while fulfilling official duties.

1. Contributions made for special tasks performed by cantonal or communal authorities, as well as all fees and charges collected by members of authorities, shall, unless otherwise determined by legislation, be allocated to the state treasury or the relevant municipal treasury.

1. Members of authorities are prohibited from soliciting, accepting, or allowing to be promised gifts or other advantages for themselves or for third parties in connection with official duties.

2. Gifts and other advantages unlawfully accepted by the member shall be forfeited to the canton or the municipality.

1. A member of an authority who intentionally or negligently breaches their official duty is disciplinarily responsible; in minor cases, disciplinary proceedings should be refrained from.

2. Misconduct by a member of an authority that may give rise to the initiation of disciplinary proceedings must be reported to the disciplinary authority.

1. Civil and criminal liability is not affected by disciplinary proceedings.

2. Conviction or acquittal in a civil or criminal trial does not influence disciplinary liability.

1. Competent Disciplinary Authorities are

1. the District Office for decisions regarding reprimands or fines against members of the District Council;

2. * the District Council for the removal of members of the District Council, the administrative authorities elected by it, the Government Council, the Administrative Court, or the Supreme Court;

3. the Government Council for decisions regarding reprimands or fines against members of the Government Council and in all cases for members of cantonal authorities under its supervision;

4. the administrative authorities of cantonal autonomous institutions for decisions regarding reprimands or fines against their own members;

5. the Supreme Court as a full court for decisions regarding reprimands or fines against members of the Supreme Court and in all cases for members of judicial authorities under its supervision;

6. * the Administrative Court as a full court for decisions regarding reprimands or fines against members of the Administrative Court;

7. the Government Council for members of the administrative council and the municipal council of the municipality;

8. the administrative council for members of the remaining municipal authorities.

1. Disciplinary Sanctions are

1. Verbal or written reprimand;

2. Fine up to CHF 1,000;

3. Dismissal.

2. Other disciplinary sanctions, as well as additional penalties or measures, may not be imposed; however, a warning of dismissal may be issued when imposing a disciplinary sanction.

1. Removal may only be ordered if the officeholder

1. is guilty of a serious breach of official duty;

2. has already been repeatedly convicted of disciplinary offenses.

1. Disciplinary penalties may only be imposed following a preliminary investigation.

2. If a criminal proceeding is conducted concerning the same facts, the decision on disciplinary punishment is generally to be suspended until after the completion of the investigation procedure.

3. The accused person must be informed of the charges brought against them at the beginning of the investigation.

1. During the investigation, the facts speaking both for and against the accused person must be ascertained with equal diligence.

2. The statements of the accused person and the testimonies of witnesses and experts must be recorded in writing and signed by them; if they refuse to sign, the reason for the refusal must be stated.

1. Upon completion of the investigation, the accused person must be granted a sufficient period for inspecting the files.

2. The accused person has the right to consult legal counsel and to comment on the matter within the designated time period, as well as to request a supplementary investigation.

3. The accused person must be informed of the results of any supplementary investigation and be given a deadline for file inspection; any further submissions they may make can only relate to the new documents.

1. The decision of the disciplinary authority must include the facts of the case, the reasoning, the disciplinary action, and an indication of the right to appeal.

2. In the event of a conviction, the costs of the investigation may be wholly or partially imposed on the accused person.

3. Unlawful gains shall devolve to the canton.

1. Disciplinary decisions may be appealed by the affected person to the Administrative Court within 20 days of receipt.

1. The reopening of the disciplinary procedure may be requested by the affected person within five years after the final decision, if they can present new substantial evidence that was not previously available to them.

2. The disciplinary procedure must be reopened ex officio if facts later come to the attention of the disciplinary authority that justify the full or partial annulment of the imposed disciplinary sanction.

3. If a disciplinary decision later proves to be wholly or partially unfounded, the affected person is entitled to rehabilitation and compensation for any material disadvantages incurred.

4. If a request for revision is rejected, this decision can be appealed by the affected person to the administrative court within 20 days of notification.

1. Disciplinary offenses become time-barred two years after their commission; if criminal law provides a longer limitation period for certain offenses, this period shall also apply to disciplinary law.

2. During the duration of a disciplinary proceeding as well as a criminal investigation, the disciplinary limitation period is suspended; Art. 98 of the Criminal Code is applicable.

1. For the criminal prosecution of the authority members, the provisions of the federal and cantonal criminal and criminal procedure law are decisive.

2. The criminal complaint is to be filed by the competent disciplinary authority.

3. In the case of minor offenses, a disciplinary procedure can be initiated in lieu of filing a criminal complaint.

4. The prosecution for statements made in the Landrat or in the commissions is governed by Articles 8 and 9 of the Landratsgesetz.

1. The member of the authority is liable for their official acts pursuant to the legislation on liability.

1. A new term of office begins for the members of the authorities in the year 1974.

2. The provisions of the legislation regarding the half election of members of the administrative councils of the municipalities are reserved.

1. Members of authorities who were elected before this law came into force, but who under this law would have to leave the authority, shall remain in office for the remainder of the current term.

1. The District Administrator issues the provisions necessary for the execution of this law.

1. This law shall enter into force together with the enforcement ordinance to be issued by the district administrator.

2. Upon its entry into force, all provisions that are in conflict with it are repealed, in particular

1. the law of May 10, 1863, concerning mandatory service;

2. the law of November 23, 1863, concerning the strike;

3. the provisions relating to authorities in the law of April 25, 1965, concerning the remuneration of cantonal authorities, officials, and employees.