Act on the Disciplinary Liability of Members of Authorities, Officials and Public Employees (Disciplinary Act) (DG) - Principle (DG)

1. This Act regulates disciplinary accountability

a) of magistrates;

b) of members elected by the people, the cantonal council, the cantonal court, or a district court to the courts and other judicial authorities;

c) of employees of the canton, insofar as specific legislation provides for disciplinary accountability instead of personnel measures under the Personnel Act of January 25, 2011;

d) of members of the highest governing bodies of independent public-law institutions and corporations. Special legal provisions and international agreements remain reserved;

e) of members of municipal authorities elected by the people;

f) of employees in an employment relationship with the municipality, the independent public-law municipal entity, the independent public-law child and adult protection institution, the association of municipalities, or the municipal association, if the regulations or association agreement provide for their disciplinary accountability.

1. This law does not apply to the members of the Cantonal Council.

1. This law does not apply insofar as federal decrees and cantonal laws contain differing provisions.

2. Divergent provisions of cantonal regulations are permissible to the extent that a federal decree or a cantonal law refers the regulation of disciplinary responsibility to regulatory authority.

3. Inter-state agreements with the force of law are equivalent to cantonal laws.

4. Religious communities recognized as public-law corporations may enact differing provisions within the scope of their autonomy.

1. Considered Disciplinary Offenses

a) a culpable violation of official or service duties;

b) culpable conduct outside of office or service that is clearly incompatible with the office or service.

1. Disciplinary measures are

a) written reprimand;

b) financial penalty up to CHF 2000.-;

c) suspension of periodic salary increase;

d) transfer to a lower salary class;

e) transfer to a provisional employment status for a specified period, but not exceeding two years;

f) transfer to another position or another service;

g) suspension from position or service for up to three months with suspension or reduction of salary;

h) threat of dismissal;

i) dismissal from the position or service.

2. Multiple disciplinary measures can be combined.

3. Other disciplinary measures are not permissible.

1. If the disciplinary offense is minor, a written or oral reprimand by the immediate supervisor replaces a disciplinary measure.

1. Whether a disciplinary breach is to be pursued and which disciplinary measures are to be imposed shall be decided based on proper discretion.

2. Furthermore, the type of measure shall be determined by the culpability, previous conduct, and official position of the offender, as well as the extent and significance of the breached or endangered official or service interests.

1. A disciplinary offense may only be pursued if the disciplinary authority orders an investigation within three months after becoming aware of the disciplinary offense and the offender.

1. The prosecution of a disciplinary offense becomes time-barred two years after its commission. The limitation period is interrupted by any investigative action or order against the offender and by any legal remedy. With each interruption, the limitation period begins anew.

2. The prosecution of the disciplinary proceeding becomes time-barred four years after the commission, notwithstanding the interruption.

3. If a criminal proceeding is initiated, the criminal statute of limitations applies if it is longer.

1. The enforcement of disciplinary measures is subject to a statute of limitations of one year after the decision becomes legally binding.

2. For the enforcement of monetary payments, the statute of limitations is five years.

1. The monetary penalty shall accrue to the community whose authority has imposed the disciplinary measure.

1. The authority responsible for imposing disciplinary measures is the disciplinary authority.

2. The disciplinary authority is

a)* the Cantonal Council for members of the government, the cantonal court, the administrative court, the insurance court, the chamber of accusations, and the state secretary;

b) the Government

1. for members of authorities of the canton and municipalities elected by the people or the Cantonal Council;

2. for members of the highest executive bodies of independent public law institutions and corporations. Special legal provisions and international agreements are reserved;

c) the Cantonal Court for members of the courts and other judicial authorities elected by the people, the Cantonal Council, the Cantonal Court, or a district court. A disciplinary chamber of five members makes the decision;

d)* the Administrative Court for members of the Administrative Appeals Commission;

e) the Prosecution Chamber for the Chief Public Prosecutor, the Senior Public Prosecutors, as well as the Head Youth Prosecutor;

f) the employer according to Art. 9 of the Personnel Law of January 25, 2011, in other cases.

1. The Cantonal Council appoints a Disciplinary Commission from among its members to investigate disciplinary cases within its jurisdiction and to make proposals.

1. The government appoints a disciplinary commission consisting of five members to investigate disciplinary cases within its disciplinary domain.

2. The disciplinary commission shall include representatives from the personnel, the personnel office, and the municipal authorities. No member of the government council may belong to it. Personnel associations have the right to propose candidates for the election of the personnel representative.

3. The chairperson must not belong to the public administration.

1. The other disciplinary authorities shall elect a standing committee consisting of five members or appoint a disciplinary committee of three members on a case-by-case basis. Article 14 of this law shall be applied mutatis mutandis.

1. The disciplinary investigation is ordered by the disciplinary authority.

2. The investigation may be waived with the consent of the offending party if the facts are undisputed and only a reprimand is being considered as the disciplinary measure.

1. A member of the authority or an employee may request the initiation of a disciplinary investigation against themselves.

2. The disciplinary commission must, on its own initiative, request the initiation of a disciplinary investigation if there are indications that a serious disciplinary offense may have occurred.

1. Investigative actions are generally carried out by the chairperson of the Disciplinary Commission.

2. They may be delegated to another member of the Disciplinary Commission.

3. At the request of the Disciplinary Commission, the disciplinary authority may appoint an external party to conduct the investigative actions.

1. The Disciplinary Commission submits a substantiated request to the disciplinary authority upon completion of the investigation.

2. The individual concerned must be given the opportunity to comment on the substantiated request of the Disciplinary Commission.

1. If, during the course of a disciplinary proceeding, a criminal proceeding is initiated against the affected party for the same set of facts, the disciplinary investigation and the imposition of a disciplinary measure may be suspended.

1. The disciplinary authority may provisionally order the transfer of the concerned party to another office or service, or their suspension from office or service, if otherwise the disciplinary investigation would be significantly impeded or the interests of the office or service would be substantially harmed.

2. The salary of the provisionally transferred or suspended individual may neither be withdrawn nor reduced.

1. Termination of Office or Service of the Individual Concerned: The disciplinary proceedings shall be discontinued if the individual leaves office or service, unless important public or private interests oppose such discontinuation or the individual demands the continuation of the proceedings.

1. To the extent that this law does not provide otherwise, the Law on Administrative Justice shall apply accordingly.

1. The government determines when this law comes into effect.