Municipalities Act - Municipality: Definition

1. The local municipalities are territorial entities of public law with a general purpose and their own legal personality.

2. They encompass the area defined by their municipal boundaries, including all persons residing or staying within them.

3. In this Act and other decrees, the local municipalities are referred to as "municipalities."

1. Municipal responsibilities can include all matters serving the welfare of the municipality that are not exclusively the responsibilities of the federal government or the canton.

2. In particular, the municipality is responsible, within the framework of the law, for

a) the conduct of elections and referendums

b) the granting of municipal citizenship rights

c) the management of municipal police tasks

d) the building, land, forestry, trade and commerce, health, food, and morality police

e) ...

f) the burial services

g) the fire department

h) ...

i) ensuring the basic necessities of life, in particular, supply and disposal, as well as environmental protection

k) the social welfare system, management of guardianships, inheritance matters

l) the education system

m) the promotion of cultural life and public health

n) spatial planning

o) public transport

p) the promotion of the economy

1. Municipalities independently regulate their affairs within the framework of the constitution, the laws, and their discretion.

2. They enact a municipal constitution and the municipal regulations necessary for the organization and fulfillment of their responsibilities.

1. Municipalities levy taxes. The municipal tax rate is determined with the budget.

2. The municipality can levy fees and contributions.

1. The municipalities are subject to the supervision of the canton.

2. The canton and municipalities can agree to transfer individual administrative tasks to each other for a fee.

3. The canton participates in the financial equalization among the municipalities.

1. Elections at the ballot box or in the municipal assembly are, subject to Article 36, conducted according to the provisions of the Electoral Law, and elections by authorities are conducted according to their rules of procedure.

2. The following are elected at the ballot box

a) the mayor or municipal president and the other members of the municipal council

b) the president of the municipal assembly

c) the municipal council

d) the president and the other members of the school authority

3. Municipalities can stipulate that only those who have been elected as members of an authority are eligible for election as president or vice-president of a collegiate body. In this case, the respective functions must be additionally specified on the ballot paper by the eligible voters. The municipal constitution governs the further details.

1. Eligible for Election is

a) To the municipal council, the residents' council, and the school authority, as president or vice president of the municipal assembly, and as vote counter, any person entitled to vote in the municipality

b) * For all other persons elected for a term of office or as a member of a commission, subject to Article 66, any person who is not under comprehensive guardianship

1. Members of the municipal council and the audit or business review commission cannot simultaneously belong to the respective other authority, and members of the municipal council cannot belong to the residents' council.

2. Persons employed by the municipality cannot belong to the audit or business review commission and the authority that holds the corresponding supervisory authority. However, they can be members of the residents' council.

1. If municipalities merge, they may stipulate in the contract concerning the merger that, for the current and one additional term of office, they will deviate from the upper limits for the number of authority members as set forth in this law or in municipal law.

2. For the same period, they may grant, in the contract, the previously independent municipalities specific seat entitlements in the municipal council, the school authority, and the citizens' commission. In such cases, only those residing in the respective local parts are eligible to be elected as members of these authorities for the designated seats.

1. A member of the resident council or its commissions shall recuse themselves from the deliberation of matters that personally affect them. The municipal constitution may provide for additional grounds for recusal.

2. The recusal of a member of municipal authorities and commissions, as well as persons employed by the municipality, is governed by the Administrative Procedure Act.

1. Minutes shall be kept of the proceedings of the municipal assembly, the citizens' council, the municipal authorities, and the committees.

2. The minutes of the municipal assembly, the citizens' council, and the meetings of the municipal authorities shall include at least the following

a) The location and time of the assembly

b) The name of the presiding person, the number of attendees present at municipal assemblies and citizens' council meetings; for other meetings, the names of all attendees

c) The names of the applicants and their motions

d) A summary of the proceedings, the resolutions verbatim, and for votes and elections, the results

e) The considerations, insofar as a resolution requires justification

3. The members of the municipal authorities and the eligible participants of the municipal assembly may submit brief statements for the record.

4. The minutes shall be signed by the recorder.

5. The municipal bodies shall decide on the approval of the minutes in accordance with the municipal constitution or their rules of procedure.

1. The minutes of the municipal assembly and the public meetings of the citizen council are open for inspection by those entitled to vote at the municipal office or at a location designated by the municipality.

1. Municipalities shall maintain an organized collection of their generally binding enactments currently in force.

2. Residents of the municipality and other interested persons may inspect the collection at the municipal office or any location designated by the municipality, and may also obtain the enactments.

1. Municipal bodies and persons serving the municipality or performing official functions in other ways are required to maintain confidentiality regarding observations made in their official capacity that are not intended for publication, with respect to unauthorized individuals. This duty of confidentiality continues after the termination of the official or service relationship.

2. The decision to lift the duty of confidentiality for its members and commissions appointed by it is made by the municipal council; in other cases, it is made by the municipal executive board.

1. A commission consists of at least three members.

2. The election is conducted for the constitutionally determined term of office, unless a different arrangement has been made in the election resolution.

3. Unless otherwise determined, the commission constitutes itself.

1. Newly elected members of the authorities and individuals newly entering the service of the municipality are generally introduced to their office in the presence of the previous officeholder by a member of the municipal council or a person commissioned by them.

2. A record of the transfer of office must be prepared.

1. The municipality regulates the service and salary conditions of its authority members and the persons employed by it.

2. In the absence of specific provisions, the regulations concerning the employment relationships of state personnel apply correspondingly.

3. The canton may grant a contribution to the municipalities for the salary of the municipal president. The details are governed by the cantonal council.

1. The authorities and the persons employed by the municipality are responsible for their official acts.

2. The financial liability is governed by the Liability Act.

1. The supreme body of the municipality consists of the eligible voters, who exercise their rights at the ballot box or in the municipal assembly.

2. Additional bodies of the municipality are

a) the municipal council

b) the mayor or president of the municipality

c) the municipal clerk

d) the audit or business review commission

e) the citizens’ assembly, the citizens' commission, or the naturalization commission

3. In municipalities with a municipal council, this council takes the place of the municipal assembly. Subject to Articles 49 et seq.

1. The right to vote in municipal matters is governed by cantonal law.

1. The municipalities determine their organization within the framework of statutory provisions through the municipal constitution.

2. It must contain provisions regarding

a) the number of authority and commission members to be determined by the municipality

b) the conduct of elections or referenda

c) the manner of required publications

d) the authority regarding acquisition, disposal, and exchange of real estate or the granting of building rights

e) the financial competencies

f) other responsibilities of the municipal bodies

3. The municipalities may provide for the silent voting procedure for certain elections in the municipal constitution.

1. The President, another member designated by the municipal council from among its ranks, and the vote counters constitute the office of the municipal community. Article 25, paragraph 3, remains reserved.

2. The municipal clerk has an advisory vote and the right to submit proposals.

1. The office is assigned the tasks specified in this law and in the electoral law.

2. It also serves as the office of the municipal assembly.

1. The municipal assembly is composed of the eligible voters residing in the municipality.

1. The mayor presides over the municipal assembly.

2. In case of incapacity, the assembly is presided over by the deputy (Art. 61).

3. The municipal constitution may provide for the election of a president of the municipal assembly. In this case, the municipal assembly elects the vice president. They belong to the office of the municipal council instead of the members of the municipal council.

1. The municipal assembly has the following powers

a) the election of vote counters for the constitutionally mandated term of office

b) resolution on the change of the municipality's name and coat of arms

c) resolution on the merger with another municipality, the division of the municipality, as well as changes to municipal boundaries excluding boundary adjustments

d) enactment and amendment of the municipal constitution

e) enactment and amendment of generally binding municipal regulations

f) * determination of the budget together with the tax rate

g) resolution on other municipal taxes and enactment or amendment of generally binding regulations stipulating fees and contributions

h) approval of the municipal accounts and any special accounts, as well as, if applicable, the municipal council's accountability report

i) resolution on new expenditures and loans, insofar as the municipal council is not responsible

k) * resolution on joining a purpose association, any potential withdrawal, as well as the dissolution of an association

l) resolution on the establishment of public law institutions and participation in such institutions

m) resolution on the founding or participation in private law or mixed-economy enterprises or organizations, as well as the granting of loans to such entities

n) supreme supervision over the municipal authorities and municipal administration, including municipal institutions

o) resolution on matters of the municipal council, which are submitted to the municipal assembly due to their particular significance

p) additional powers specified in further laws and the municipal constitution

2. The municipal constitution can provide that the vote counters are elected by ballot.

3. Furthermore, it can be stipulated that the final vote on certain matters takes place by ballot, provided that one-third of the eligible voters present at the municipal assembly request it.

4. The decision of the municipal assembly pursuant to sec. 1 lit. c is subject to municipal voting by ballot.

1. The municipal assembly convenes

a) upon invitation by the municipal council

b) upon request by one-sixth of the eligible voters

c) upon order of the government council

2. Requests pursuant to para. 1 lit. b must be submitted to the municipal office in writing, with the necessary signatures and specifying the requests. The municipal council shall conduct the assembly within two months.

1. The Municipal Council prepares the matters for the Municipal Assembly and submits proposals to it.

1. At least ten days before the meeting, the eligible voters are to be invited by the Municipal Council through official publication and by the delivery of the agenda.

2. Simultaneously, the proposals and the associated documents are to be made available for inspection at the municipal office or at a location designated by the municipality.

3. For important matters, particularly the budget with the proposal for setting the tax rate, the annual financial statement including the auditors' report, the proposals for the enactment or amendment of the municipal constitution and generally binding regulations, as well as for significant credit requests, the Municipal Council must present a written report and proposal to the eligible voters at least ten days before the meeting.

1. Persons residing in the municipality or employed by the municipality who are not entitled to vote, as well as media representatives registered with the meeting administration, may attend the meeting as listeners.

2. They must remain in the areas designated for them, which are to be separated from those of the eligible voters.

1. Audio recordings, as long as they are not used to support the taking of minutes, and video recordings are only permitted if the assembly consents.

1. The assembly leadership may withdraw the right to speak after a warning if speakers are obviously not addressing the topic.

2. The assembly leadership must admonish persons who disturb the proceedings to maintain order and, in case of continued misconduct, expel them.

3. If necessary for maintaining order, the assembly may be suspended or dissolved.

4. In severe cases, the bureau may impose disciplinary fines up to CHF 1,000.00 or file criminal charges.

1. The mayor or the president of the municipality presents the matters to be deliberated to the assembly or allows them to be presented by other reporters.

2. Upon request by the municipal council, experts without voting rights may also be granted the floor for this purpose and for subsequent supplementary information, if the assembly agrees.

1. The chairperson of the assembly opens the floor for open discussion and grants the right to speak to eligible voters in the order in which requests are made.

2. If numerous requests to speak are submitted, the chairperson of the assembly may limit speaking time. The limitation on speaking time does not apply to the rapporteur of the municipal council.

1. Each eligible voter participating in the meeting may make motions concerning the items on the agenda.

2. Procedural motions such as motions to defer the discussion or vote, limit speaking time, refer back to the municipal council, reconsider, or conclude the discussion are to be addressed and decided immediately.

1. In all elections and votes in the first ballot, an absolute majority of the valid votes is required.

2. If the absolute majority is not achieved in elections, the person who receives the most votes in the second ballot is elected. In the event of a tie, the assembly chair draws lots.

3. In elections and votes, an open show of hands decides.

4. If one-sixth of the eligible voters present so demands, voting or elections must be held by secret ballot.

5. If multiple motions are opposed, the assembly chair determines the order of voting. The regulations on voting procedures in the Cantonal Council apply accordingly. If an objection is raised, the assembly decides.

1. The meeting chair and the members of the municipal council are entitled to vote.

2. The members of the municipal council and the municipal clerk must abstain from voting on the approval of the accounts as well as on other resolutions that are issued in the exercise of the supervisory authority of the municipal assembly over the municipal council or the municipal administration.

1. Each eligible voter participating in the assembly may present new proposals concerning matters within the competence of the municipal assembly.

2. The municipal assembly decides on the significance of the proposal.

3. If the proposal is declared significant, the municipal council has the right of preliminary examination. The matter, along with the municipal council's report, must be submitted to the municipal assembly within a year. The municipal assembly may reasonably extend this deadline.

4. The municipal council may waive the right to preliminary examination. In such a case, the proposal will be addressed in the assembly.

1. The municipality may provide for the municipal organization with a residents' council through the municipal constitution.

2. The introduction or abolition can only take effect at the beginning of a term of office.

3. The number of members of the residents' council is determined by the municipal constitution; however, it must be at least twelve.

1. The election of the municipal council is conducted according to the proportional representation electoral system in a single electoral district.

2. The procedure is to be applied analogously in accordance with the cantonal law concerning the election of the cantonal council.

3. The municipal constitution may stipulate that the election of the municipal council be conducted according to the majoritarian system or in multiple electoral districts.

1. The municipal council possesses the powers of the community assembly, subject to the referendum.

1. Resolutions of the Municipal Council pursuant to Article 26, Paragraph 1, Letters c and d are subject to a municipal vote.

2. Additionally, the decision on initiative petitions is subject to a municipal vote. Exempted are initiative petitions that have been approved by the Municipal Council, either conclusively or subject to an optional referendum.

1. Decisions of the Municipal Council pursuant to Art. 26 para. 1 lit. e, g and k are subject to a municipal referendum if a number of eligible voters, as determined in the municipal constitution, demand a referendum.

2. Municipalities may provide for an optional referendum for additional areas or subject those currently under the optional referendum to a mandatory referendum.

3. The municipal constitution determines the period within which the referendum may be initiated. The form of the referendum is governed by the Election Law.

1. The budget and the tax rate shall be established by separate resolution.

2. The resolutions concerning the budget and the tax rate are subject to an optional referendum. The municipal constitution may provide that only the determination of the tax rate is subject to an optional referendum.

3. The municipal constitution may provide for a mandatory referendum both against the budget and against the tax rate.

4. If the tax rate is rejected, the budget shall also be deemed rejected. If the budget is rejected, the tax rate shall also be deemed rejected.

1. A number of eligible voters, to be determined in the municipal constitution, shall have the right to submit proposals for the undertaking of new municipal tasks and for the supplementation and amendment of the municipal constitution as well as the generally binding municipal regulations.

2. The initiative is inadmissible to the extent that the municipal council has exclusive competence.

3. It can be submitted in the form of a simple suggestion or a draft proposal.

1. For the procedure regarding initiatives, the election law applies, unless specific regulations are provided in the municipal constitution.

1. The Municipal Council elects from among its members the President and their deputies, as well as the tellers. They constitute the office of the Municipal Council. The Secretary of the Council has an advisory voice in the office and the right to make motions.

2. The Municipal Council shall establish its own rules of procedure. These rules shall govern the organization of the council and the powers of the council members.

3. The members of the Municipal Executive Board participate in the sessions of the Municipal Council with an advisory voice and the right to make motions.

4. The deliberations are public; the rules of procedure regulate the exceptions.

5. The decision to submit an issue to a referendum must be published.

1. The Municipal Council elects the Audit or Business Review Commission pursuant to Article 66 et seq.

1. Municipalities with fewer than 6,000 inhabitants may stipulate in their municipal constitution to retain the municipal assembly in addition to the municipal council.

2. The municipal constitution regulates the responsibilities of the municipal assembly and the municipal council.

1. Transactions that are subject to a mandatory or optional referendum under this law may not be withdrawn from the municipal assembly.

2. The municipal constitution may provide that only the final vote takes place in the municipal assembly.

3. Otherwise, Articles 39 et seq., with the exception of the provisions concerning the referendum and the election of the audit or business review commission, are applicable.

4. New motions according to Article 38 may only be submitted for transactions that fall within the competence of the municipal assembly.

1. The number of members of the municipal council is determined by the municipal constitution; however, it shall be at least three and not more than seven.

1. The municipal council handles all municipal matters, insofar as they are not assigned to another body by law or municipal constitution.

2. It executes the municipal resolutions.

3. It regulates the organization of the municipal administration within the framework of the law and sets office fees in a schedule of fees.

4. It typically issues usage and fee schedules for public buildings, facilities, and other institutions.

1. The Municipal Council represents the municipality externally. Extracts from the minutes are to be signed by the municipal clerk. Important correspondence is generally to be signed collectively by the municipal president and the municipal clerk.

2. The Municipal Council independently safeguards the interests of the municipality before all courts and other authorities. It employs the necessary legal remedies and appeals, unless otherwise provided by the municipal constitution.

1. The municipal council, subject to a different regulation, determines the departments and assigns them to its members.

2. It regulates the signing authority within the individual departments.

3. The municipal council can entrust the handling of particular affairs to a committee or individual members.

4. The members prepare the matters falling within their area of responsibility and submit proposals to the council.

1. The Municipal Council conducts its proceedings according to the following rules of procedure

a) The President convenes the Municipal Council as often as necessary or upon the request of at least one member.

b) No member may be absent from a meeting without a valid reason.

c) Members are obligated to vote in ballots and elections.

d) The Council is quorum when the majority of members are present and eligible to vote.

e) Abstention is governed by the Administrative Procedure Act; a member who must abstain has to leave the meeting room before the matter is addressed.

f) The President sets the agenda, conducts the meetings, and ensures compliance with the rules of procedure.

g) A matter not known to the members before the meeting can only be addressed if no member objects, or if the Council declares the matter urgent.

1. If the municipal council or a municipal authority is not able to make a decision on a matter, or if there are conflicting interests to represent, they shall notify the department responsible for municipal affairs, which will decide in such a case.

2. The department may also supplement the municipal council or the municipal authority for the matter in question by appointing extraordinary members, or assign the matter to the municipal council or the competent authority of another municipality for a decision.

1. The members of the municipal council are responsible for all resolutions in which they participated, unless they have expressly recorded their objection in the minutes.

2. Anyone who has missed a meeting without a valid excuse is still liable for the resolutions passed in that meeting, unless they object at the next meeting.

**1. The Mayor shall have, in particular, the following responsibilities and powers:**

a) Presiding over the meetings of the Municipal Council

b) Supervising the implementation of the resolutions of the Municipal Assembly, the Resident's Council, and the Municipal Council, as well as the orders of the Government Council and the laws and ordinances of the Federation and the Canton, insofar as they are to be executed by the municipality

c) Overseeing the activities of individuals serving the municipality, insofar as they are not subordinate to another member of the Municipal Council or another body

d) Ensuring, in consultation with the Municipal Council, the dissemination of information to the public about the activities of the Municipal Council and the municipal administration

e) Representing the Municipal Council externally

1. The president of the municipality is sworn into office by the government council.

2. He or she administers the oath to the members of the municipal council.

1. The municipality president may resolve matters of minor importance by presidential decree.

2. He or she acts on behalf of the municipal council when urgent precautionary measures must be taken, if possible in agreement with the council member whose area of responsibility is affected. The municipal council must be informed of the measures taken at the next meeting.

1. If not otherwise stipulated in the municipal constitution, the municipal council elects the vice president.

2. In the event of the ordinary deputy's inability to perform their duties, the most senior member represents the municipal president.

1. The Municipal Clerk shall have the following duties

a) Keeping minutes of the municipal assembly and the municipal council meetings

b) Managing the municipal office

c) Maintaining the collection of municipal laws

d) Maintaining the electoral register, the residents' register, as well as other registers and the municipal archive, unless the municipal council has assigned the maintenance to a council member or another person employed by the municipality

e) Handling other tasks assigned to the Municipal Clerk by law or delegated by the municipal council

1. The municipal clerk shall have an advisory vote and the right to submit motions in the municipal council as well as in meetings of other authorities where they are responsible for taking the minutes.

1. The municipal constitution may provide that special clerks are appointed for certain areas of business, particularly for matters of inheritance.

2. Within the scope of their responsibilities, they are vested with the rights and duties of the municipal clerk.

1. The Municipal Council regulates the representation.

1. The Audit Commission consists of two or more members. At least one member must be eligible to vote in the municipality; in an organization with a residents' council, at least two members must belong to the council.

2. It is elected by the municipal assembly, the residents' council, or by ballot.

**1. The Accounting Audit Commission has the following responsibilities:**

a) It audits the accounting of the municipality and its dependent institutions; it may propose to the municipal council additional audits by specialists.

b) It examines whether the budget complies with the regulations on municipal finance and accounting.

1. Insofar as it is necessary for the fulfillment of its duties, the Audit Committee may access the municipality's files.

2. The organs of the municipality are obligated to provide information to the Audit Committee for the fulfillment of its duties.

1. The Audit Commission reports to the Municipal Assembly or the Municipal Council. It submits a proposal for approval or rejection of the accounts and the budget. Any deficiencies in the accounting or unlawful use of public funds are to be documented in the report to the Municipal Assembly or the Municipal Council.

2. The members of the Audit Commission participate in the Municipal Assemblies or the sessions of the Municipal Council in an advisory capacity when the accounts or the budget are being discussed. The commission has the right to submit motions.

3. If the Audit Commission identifies errors or regulatory offenses, it notifies the Municipal Council. If these are not rectified, it reports to the Municipal Assembly or the Municipal Council and the department responsible for municipal affairs.

4. In the case of significant deficiencies, breaches of duty, grievances, or criminal actions, the Audit Commission promptly reports to the Municipal Council and the department responsible for municipal affairs.

1. The audit bodies must be competent to carry out their duties in the municipality being audited.

2. An audit body is considered competent if at least one member possesses sufficient knowledge of municipal financial administration, accounting, and the auditing of municipal accounts.

3. Instead of an audit commission, the municipal constitution may provide for a public law or a recognized private law audit firm to be entrusted with the examination of the annual accounts.

4. The basis for the audit is a generally accepted auditing standard. The audit confirmation must be submitted to the department responsible for municipal matters along with the annual accounts.

1. The municipal constitution may provide for a management audit commission instead of an audit commission, which may be assigned additional tasks described in the municipal constitution, in addition to the tasks according to Art. 67 et seq.

2. In the organization with a residents' council, its rules of procedure determine its further tasks.

1. Subject to the following provisions, the Financial Budget Act is applicable.

1. The municipal constitution determines which expenditures are approved by the municipal assembly or eligible voters at the ballot, the municipal council, possibly subject to an optional referendum, and by the municipal authorities.

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3. If the account is not approved, the municipal council must present it again for approval within two months, accompanied by a supplementary report from the auditing or business review commission. In the event of a second rejection, the decision is made by the government council.

1. A special operating account shall be maintained for individual municipal enterprises if the municipality is obligated by superior law to do so or if it deems it necessary for the examination of economic efficiency.

2. The operating account is included in the general municipal accounts at the end of the fiscal year. Operating profits and losses may be carried forward to special financing accounts. They must not exceed a level appropriate to the needs of the enterprise. The same applies to tasks that are fully financed by charges due to superior law or a generally binding municipal regulation and for which no separate operating account is maintained.

2bis. The department responsible for municipal affairs may, upon request, exempt the inclusion of the operating account of an independent or dependent institution in the municipal accounts. Disclosure must be made at least in the appendix to the municipal accounts in the participation and guarantee statement.

3. ...

1. The Appropriation of Municipal Funds is to be Decided as an Expenditure. It is Only Permissible

a) for the Allocation to Funds Mandated by Superior Law

b) * ...

c) * for the Allocation to a Municipal Law Fund through which Extraordinary Revenues, such as Proceeds from Divestitures, are Dedicated to a Specific Purpose. Funds with a General Purpose Allocation are Not Permissible.

1. If a municipality manages funds in the interest of third parties, it may establish an institution with a separate special account for that purpose.

2. Municipal-owned banking institutions conduct their business as independent entities.

1. If a municipality performs public duties jointly with other municipalities, it must include its share in the accounts annually.

2. Special-purpose associations distribute the operating profits or losses, as well as the investment burdens, among the municipalities.

1. The municipal tax rate shall be set in such a way that it balances the current account in the medium term. It may be set lower if the shortfall is covered by equity capital or pre-financing.

1. The budget and tax rate must be established before the start of the fiscal year.

2. ...

3. If the budget with the tax rate is not approved, the municipal council must present a new draft budget within two months of the rejection. In case of repeated rejection, the government council will decide and set the tax rate.

1. Municipalities maintain the residents' register in electronic form.

2. The content of the residents' register is governed by Art. 6 of the Register Harmonization Act. Furthermore, the residents' register includes

a) Other first and last names

b) Names and first names of parents

c) Restrictions on legal capacity

d) Legal representative with service address

e) Health insurance or exemption from mandatory health insurance

f) Firefighting duty

g) Household and/or family number

h) For foreigners: number in the foreign nationals register

i) Profession and type of employment

3. The department responsible for municipal affairs determines the characteristics, the characteristic expressions, as well as the nomenclatures and coding keys, insofar as these have not been established by the Federal Statistical Office, as well as the necessary data historicization.

4. The Municipal Council establishes the additional personal data, in a generally binding regulation, which are maintained in the residents' register for the fulfillment of municipal administrative tasks.

1. Anyone who moves into, within, or out of a municipality must report this to the authority responsible for maintaining the residents' register within 14 days.

2. The same obligation applies to natural and legal persons who commence or cease self-employment in the municipality without establishing residence.

3. Persons who stay in the municipality for a special purpose without establishing residence for less than three months are not required to report.

4. Municipalities may, through a generally binding regulation, require persons who provide living and business premises for exclusive or shared use, whether for payment or free of charge, to report entering and exiting contractual parties to the authority responsible for maintaining the residents' register.

1. Any person who is obliged to notify municipal or cantonal authorities of their place of residence or stay, or any changes to the data recorded in the residents' register, fulfills this obligation by reporting in accordance with Art. 89 to all municipal authorities and cantonal authorities that are entitled to use the cantonal platform "Personal Data."

1. The persons required to register are obligated to provide truthful information concerning the data recorded in the residents' register.

2. They must document their details, present current civil status documents, and, when establishing residence, deposit a certificate of origin or a similar civil status document. Lease agreements or other arrangements concerning the paid or unpaid use of residential premises must be presented as far as possible.

1. The following individuals are required to provide information free of charge upon request from the authority responsible for maintaining the residents' register, concerning the person subject to registration, if they have not fulfilled their obligation to register within the prescribed period

a) Employers regarding the individuals employed by them

b) Persons who rent out, lease, or manage properties concerning incoming, outgoing, and residing tenants or leaseholders

c) Hosts regarding the individuals residing in their household

1. Industrial enterprises and other entities possessing data that can determine or update a person's residential identifier in the residents' register are obligated to provide such data free of charge upon request by the registry authority.

2. Municipalities may prescribe a physical numbering of residences through a generally binding regulation. In such cases, the residence number must be visibly posted outside the residence and indicated in the lease agreement.

1. Anyone who violates their duty to register, truthfulness, or obligation to provide information shall be fined within the scope of the municipal council's power to impose penalties.

1. If a person moves away from the municipality, the registry office transmits the data electronically and in encrypted form to the cantonal platform "Personal Data" for forwarding to the new registry office in accordance with the modalities and interfaces for data exchange issued by the Federal Council.

1. The municipal council shall determine, in a generally binding regulation, the disclosure of residents' register data to municipal authorities. The data can be provided in electronic form if data security is ensured.

2. The authority managing the residents' register shall communicate the name, first name, date and place of birth, residential address, and marital status of persons who have declared affiliation with the corresponding recognized church, or for whom such affiliation is deduced from electronically provided data from the place of origin, to the parish or the recognized church upon arrival, departure, or relocation. The notification can be made in electronic form if data security is ensured.

3. The authority managing the register shall transmit the residents' register data electronically and in encrypted form without delay to the cantonal platform "Personal Data."

4. The government regulates the further disclosure of register data to cantonal authorities.

1. The canton operates the electronic platform "Personal Data."

2. It is used for the exchange of data from the residents' registers with the Federal Statistical Office according to Article 14 of the Register Harmonization Act, as well as for cantonal statistical purposes.

3. The Government Council determines in an ordinance the cantonal authorities that may use personal data for the fulfillment of their tasks, and the scope of their usage.

4. The Municipal Council designates in a generally binding regulation the municipal authorities that may use the personal data of the corresponding municipalities free of charge for the fulfillment of their tasks, and the scope of their usage.

5. To match a person's data, the person identifier from the data collection of the respective data recipient can be used as a technical tool on the cantonal personal data platform and be linked to the corresponding AHV number. The linkage must not be recognizable for the data recipients.

1. The Government Council shall issue the detailed provisions necessary for the implementation of this section and the Register Harmonization Act.

1. The decision on granting municipal citizenship upon the application of the municipal council is the responsibility of the body of the municipality of residents as determined by the municipal constitution.

1. The naturalization committee consists of the number of eligible voters determined by the municipal constitution.

2. The citizens' assembly consists of the eligible voters of the municipality who hold municipal citizenship. It elects the assembly president, the vice president, and the necessary vote counters.

3. The citizens' committee consists of the number of eligible voters determined by the municipal constitution who hold municipal citizenship.

4. The municipal clerk is responsible for the minutes.

1. Documents, protocols, and other important records of the municipality must be stored in the archive.

2. The government council shall issue regulations regarding the organization and order of the archives, as well as the supervision thereof, and shall determine the minimum duration for the retention of administrative records.

1. Municipalities may, for the joint fulfillment of their tasks

a) establish associations of local authorities

b) transfer tasks to other municipalities

c) create joint administrative offices, facilities, and public institutions

d) use facilities of other municipalities and utilize their personnel

e) participate in private law enterprises

2. Municipalities establish such cooperation by concluding the relevant contracts or by agreeing to the association's statutes.

3. If a task cannot otherwise be fulfilled, the government council may oblige two or more municipalities to cooperate.

1. The canton promotes cooperation among the municipalities.

2. It may participate in the cooperation.

1. Participation in collaboration outside of the canton by municipalities is possible according to the principles of this law. The rights of the supervisory bodies are not affected by this.

1. Municipalities may participate in purpose-oriented or municipal associations of municipalities outside the canton and conclude contracts regarding the use of facilities and the engagement of personnel from out-of-canton municipalities.

2. The relevant agreements require the approval of the Government Council.

3. Treaty-based regulations remain reserved.

1. The purpose association is a public-law corporation with its own legal personality for the fulfillment of one or more municipal tasks.

2. The rights of the purpose association are determined by the association's statutes as well as the provisions of this law.

3. The purpose association takes the place of the respective municipality to the extent of the tasks assigned to it. Its rights take precedence over those of the municipalities.

1. The special-purpose association is established through an agreement between the participating municipalities and through the approval of the association's statutes.

2. The municipal assembly, or subject to Article 43, the municipal council of each affiliated municipality, is responsible for the approval of the association's statutes.

3. The association's statutes require approval by the government council.

1. The Association Statute must contain provisions on

a) the name, seat, and purpose of the association

b) affiliated municipalities and their rights and obligations

c) designation, composition, election, and convening of the association's bodies

d) powers of the association's bodies and participatory rights of the contractual parties

e) decision-making within the association's bodies

f) procurement of financial resources

g) the participatory rights of eligible voters

h) prerequisites and procedures for admission and withdrawal

i) procedures for the dissolution of the association and its consequences

j) procedures for amending the association's statute

2. The structure of the association is based on the principle of separation of powers (Art. 8 KV). Subject to the association statute, Art. 52 Para. 3 applies accordingly to the executive body.

3. Resolutions of the association pursuant to Art. 26 Para. 1 lit. e and lit. g, as well as resolutions on new expenditures exceeding an amount to be determined in the association statute, require the approval of the municipal assembly or the municipal councils of the association's municipalities. Instead, the association statute may provide for the possibility of a facultative or mandatory referendum by the eligible voters of the associated municipalities.

4. The municipal councils of the associated municipalities have the right to submit proposals to the association's bodies. They must be consulted before making decisions on matters with financial implications for the municipality.

1. The association of municipalities levies contributions from the participating municipalities in accordance with the association's regulations, insofar as it cannot cover its expenditures from fees or other revenues.

2. The association of municipalities is subject to the regulations concerning municipal budgets and accounting.

1. The special-purpose association is liable for obligations towards third parties.

2. The participating municipalities are subsidiarily liable according to their share ratio in the obligation to contribute.

3. The responsibility of the association's bodies is governed by the Liability Act.

1. The association of municipalities issues the regulations necessary for the fulfillment of its tasks and makes the corresponding orders.

2. The Administrative Procedure Act applies accordingly.

1. The special-purpose association shall, if possible, be established as an open association.

1. If municipalities that are part of an association of local authorities merge, the new municipality shall become a member with the rights and obligations of the previous municipalities at the time of the merger.

2. If all the municipalities involved in the association of local authorities merge, the association shall be dissolved in the merger agreement.

1. A municipality may withdraw from the association of municipalities if doing so does not excessively hinder the fulfillment of the association's tasks.

2. A withdrawing municipality is not entitled to the association's assets, unless the association's regulations provide otherwise. The costs incurred by the association as a result of the withdrawal shall be borne by the withdrawing municipality.

1. The Zweckverband [Association of Local Authorities] shall be dissolved

a) according to the provisions of the association's regulations

b) by resolution of the Executive Council if the tasks of the association have become insignificant, can be more suitably fulfilled without the association, or if it has become dysfunctional and the lawful state cannot be achieved within a reasonable period. The resolution requires approval by the Cantonal Council.

2. The liquidation shall be the responsibility of the association's organs.

1. The contract concluded between the participating municipalities must contain provisions on

a) The nature and scope of the cooperation

b) The financing

c) The dissolution

1. A municipality that performs a task for another acts in its own name and is accountable to the members of the other municipality.

2. The supervision of joint administrative offices and facilities is exercised jointly by the participating municipalities. The municipal council of a municipality is accountable to its members.

3. When using the facilities and personnel of another municipality, the commissioning municipality remains responsible.

1. The municipalities are subject to state supervision.

2. Supervisory authorities are

a) the Cantonal Council, in cases provided for by law

b) the Government Council

c) the department responsible for municipal affairs, unless another department is substantively responsible

3. The department responsible for municipal affairs regularly controls the official and administrative conduct of the municipalities.

1. The supervisory bodies shall be provided with all requested documents and information.

1. Should the municipal council, as the executive authority, require instructions or assistance, it may contact the department responsible for the matter.

2. Upon the request of the municipal council, the supervisory authority may attend meetings of a municipal body or appoint a representative.

3. The municipal constitution and regulations that require approval may be submitted to the department responsible for the preliminary examination.

1. The municipal constitution requires approval by the government council to be valid.

2. Municipal regulations require approval to be valid when this is stipulated in a law, decree, or ordinance. The department responsible for the subject matter in question is competent for granting approval.

3. The review by the government council or the department is limited to legality unless otherwise stipulated.

1. Approval by the department responsible for municipal affairs is required for

a) the budget with the determination of the tax rate

b) the municipal account

c) regulations concerning municipal institutions

1. If a deficiency in the municipal administration or a neglect of public duties is identified, the government council shall admonish the municipal council to remedy the situation.

1. The governing council shall, if necessary, order an investigation. It shall communicate its decision to the municipal council.

2. Upon conclusion of the investigation, the affected municipal bodies, in any case the municipal council, shall be given the opportunity to comment on the results of the investigation.

1. The Executive Council may, following an unheeded warning or upon the conclusion of an investigation, and in urgent or obvious cases without delay, take the following measures

a) Annulment of resolutions, directives, or elections

b) Issuance of binding instructions

c) Substitute issuance of resolutions, regulations, directives, and substitute conduct of elections

d) Suspension of municipal bodies or members of authorities in office

1. In particularly serious cases, the Cantonal Council may temporarily withdraw the right of self-administration from a municipality, either wholly or partially.

2. The Government Council may take the necessary provisional measures until the Cantonal Council's decision is made.

1. The Government Council shall appoint one or more trustees for the municipality, who shall manage the municipal administration in place of the municipal authorities.

2. The Government Council may subordinate such municipalities to another municipality. In doing so, the authorities and the employees of the administering municipality shall perform the corresponding functions of the subordinate municipality.

1. The costs of the investigation and the ordered measures shall be borne by the municipality that caused them.

1. The Zweckverband and other public law organizations serving the cooperation of municipalities are subject to state supervision, just like the municipalities.

1. Decisions of the municipality and the residents' council can be appealed to the Governing Council within 20 days by municipal authorities, eligible voters, and persons who have a legitimate interest, if they

a) violate legal provisions or if the resolutions of the residents' council contradict a municipal decision;

b) evidently exceed the purposes of the municipality and simultaneously result in a significant burden on taxpayers.

2. Articles 82bis of the Election Law[13] and Article 51 of the Administrative Justice Act[14] remain reserved.

3. The procedure is governed by Articles 16 and following of the Administrative Justice Act[15].

1. Orders of a lower municipal authority can be appealed to the highest competent municipal body responsible for the matter.

2. Appeals against the orders and decisions of the highest competent municipal body can be lodged with the Government Council pursuant to Article 16, paragraph 2, of the Administrative Procedure Act.

1. Due to improper treatment by a municipal body, particularly due to denial of justice and delay in justice, an appeal can be lodged with the Government Council.

2. Furthermore, anyone may report to the Government Council facts that necessitate, in the public interest, official action against a municipal authority.

3. The procedure is governed by the Administrative Procedure Act.

1. The orders and decisions of the special-purpose associations, as well as those of the other public-law organizations serving cooperation, are challengeable according to the provisions of this section.

1. Provisions deviating for specific subjects and jurisdictions are reserved.

1. Upon the entry into force of this law, the following shall be repealed

a) the Law on Municipal Affairs for the Canton of Schaffhausen (Municipal Law) of July 9, 1892

b) the Law concerning the Establishment of Roman Catholic Parish Communities of November 13, 1967

1. The municipalities shall adapt their constitutions within three years from the entry into force of this law.

1. Enactments of the municipalities, as well as the organizational regulations of municipal associations issued based on the previous law, shall remain valid.

2. The regulations of the civic communities, as well as their fee schedules, shall continue to apply until the issuance of the corresponding regulations by the competent municipal authorities.

3. If the municipal citizenship was previously granted by a citizens' committee or by the civic community, they shall continue to fulfill their functions as the citizens' commission or as the citizens' assembly, respectively, until the municipal constitution is adjusted.

1. The provisions of this law regarding eligibility and incompatibilities in the election of bodies, authorities, and commissions shall apply for the first time in their complete or partial reappointment; those concerning the number of members shall apply at the next full renewal.

1. The regular depreciations on tangible assets, investment contributions, and other administrative assets pursuant to Art. 84 para. 2 must be applied no later than the sixth fiscal year after the enactment of this law.

2. However, the depreciation rate on the residual book value is at least

a) in the first year after the enactment: 5 percent

b) in the second year after the enactment: 6 percent

c) in the third year after the enactment: 7 percent

d) in the fourth year after the enactment: 8 percent

e) in the fifth year after the enactment: 9 percent

1. The usage rights of the church congregations to the churches and their accessories owned by the municipalities are preserved to the previous extent.

1. This law shall be enacted by the Executive Council after being approved by the people.

2. It is to be published in the Official Gazette and included in the Cantonal Statutory Collection.

3. If the constitutional law regarding the amendment of the Cantonal Constitution (Municipal Affairs) dated August 17, 1998, which is submitted to the public vote simultaneously with this law, is rejected, it shall become void.