Act on the Liability of the State, Municipalities, Public Law Corporations and Institutions, and the Responsibility of Authorities, Civil Servants and Public Employees and Workers (Verantwortlichkeitsgesetz) - Scope

1. All individuals who are entrusted with the exercise of a public office of the state, municipalities, public law entities, and public law institutions of the cantonal law are subject to the provisions of this law, namely

a) the authorities, officials, employees, and workers;

b) all other personnel, even if they are only employed part-time, provisionally, or under obligations of contract law.

2. Unless this law contains specific provisions, the regulations concerning officials also apply to all other public functionaries mentioned in paragraph 1.

3. The provisions for the state also apply to the communities, entities, and institutions mentioned in paragraph 1, as well as to the cantonal hospital.

1. The State is liable for the damage that an official unlawfully causes to third parties in the performance of his or her official duties, with or without fault.

2. The injured party cannot hold officials directly liable.

1. The legality of formally legally binding decrees, decisions, and judgments cannot be reviewed in a liability procedure.

1. Insofar as the state acts as a subject of civil law, it is liable according to its provisions.

1. This Act shall not apply to cases that fall under the Federal Act on the Liability of the Confederation and its Members of Authorities and Officials of March 14, 1958, or under the liability provisions of other Federal statutes or inter-cantonal law.

1. Insofar as this law does not contain its own provisions, the regulations of the Swiss Code of Obligations shall apply as supplementary law.

1. If the injured party has consented to the harmful act or if circumstances for which they are responsible have contributed to the occurrence or exacerbation of the damage, the judge may reduce the obligation of compensation or release it entirely.

1. In the event of the killing of a person, the incurred costs, particularly those of the funeral, must be compensated.

2. If death did not occur immediately, compensation must also be provided for the costs of attempted medical treatment and for the disadvantages of incapacity to work. If other persons have lost their provider due to the killing, compensation must also be provided for this damage.

3. Bodily injury entitles the injured party to claim compensation for costs as well as for disadvantages resulting from complete or partial incapacity to work, taking into account the hindrance of economic progress.

4. If, at the time of the judgment, the consequences of the injury cannot be determined with sufficient certainty, the judge may reserve the right to amend the judgment up to 2 years from the date of the judgment.

1. In the case of the killing of a person or bodily injury, the judge may, considering the special circumstances, award an appropriate sum of money as compensation to the injured party or the relatives of the deceased, provided that the officials are at fault.

2. Anyone who is injured in their personal circumstances is entitled to compensation, and, where the particular severity of the injury and the fault of the official justifies it, also to satisfaction.

1. Any person who suffers extraordinary damage as a result of a lawful police measure is entitled to compensation, if and to the extent that equity so requires. Specific legal provisions are reserved.

1. The claim for damages must be submitted in writing and with justification to the competent department in cases of state liability, to the municipal presidency in cases of municipal liability, and to the executive body in cases of liability of corporations and institutions.

2. If no response or a negative response is received within 3 months of the submission of the claim for damages, an action may be filed with the administrative court. If an action is filed with the administrative court beforehand, it shall refer the matter to the competent department, municipal presidency, or executive body.

3. The statute of limitations is interrupted by the submission of the claim for damages.

4. In claims for damages arising from civil disputes, the provisions of civil law and the Swiss Code of Civil Procedure remain reserved.

5. Deviating provisions according to special legislation regarding the procedure remain reserved.

1. The government council may oblige the municipalities, public-law corporations, and institutions to make provisions for the liability consequences under this law or to insure against them.

2. The government council is authorized to establish a public insurance fund for the state and to conclude reinsurance contracts.

1. The officials are liable for any damage they cause to the state through intentional or grossly negligent violation of their official duties.

2. Persons employed or commissioned under civil law are liable according to private law.

1. The state, which has provided compensation under this law or other provisions, is entitled to recourse against officials who have caused the damage intentionally or through gross negligence.

2. The state must promptly inform the officials threatened with a recourse action of a claim for damages and, in accordance with the Swiss Code of Civil Procedure, must notify them of the dispute.

3. For persons employed or contracted under the law of obligations, recourse shall be governed by private law.

1. The claims of the state pursuant to Sections 13 and 14 are otherwise subject to the provisions of the Swiss Code of Obligations concerning the creation of obligations through unlawful acts.

2. If multiple officials have jointly caused damage, then, by way of derogation from Article 50 of the Swiss Code of Obligations, they shall be liable in proportion to the extent of their fault.

3. The limitation period for the recourse claim begins with the acknowledgment or the legally binding determination of the liability for damages.

1. The Administrative Court shall adjudicate as the sole instance on disputed claims of the state against civil servants in accordance with Section 50, Paragraph 1, Item 1 of the Law on Judicial Organization. Section 11, Paragraph 4 remains reserved.

1. Claims for damages or recourse by the state shall be asserted by the Executive Council.

2. The Cantonal Council is responsible for asserting claims against members of the Executive Council, the Supreme Court, the Administrative Court, the Insurance Court, and the Cantonal Tax Court.

3. Claims against municipal officials shall be asserted by the Municipal Council, while claims against members of the Municipal Council shall be asserted by the municipal assembly.

4. Claims against the personnel of the Solothurn Cantonal Pension Fund (PKSO) shall be asserted by the highest governing body of the PKSO. The authority can be delegated within the framework of the Federal Act on Occupational Old Age, Survivors' and Disability Pension Plans (BVG) dated June 25, 1982.

5. Claims against the personnel of other corporations, institutions, and legal entities shall be asserted by the managing body.

**1. For the criminal prosecution of civil servants, the provisions of federal and cantonal criminal and criminal procedure law shall be decisive. The criminal complaint is to be filed by the competent disciplinary authority. In cases of minor breaches of official duty, the filing of a criminal complaint may be waived following the initiation of disciplinary proceedings.**

1. If an action against official duty cannot be prosecuted criminally due to the lack of a legal basis, only financial and disciplinary liability shall apply.

1. The statute of limitations for criminal prosecution is governed by the provisions of criminal law.

1. Persons subject to this law who intentionally or negligently violate their duties shall be subject to disciplinary punishment. This is subject to the provisions of § 8 of the State Personnel Act.

2. For persons employed under contract law, only the provisions of private law shall apply.

1. Liability for damage and criminal responsibility are not affected by disciplinary punishment.

2. If a criminal proceeding is conducted for the same fact, the decision on disciplinary punishment is generally to be suspended until the conclusion of the criminal proceeding. The judgments of the criminal or civil courts are not binding on the disciplinary authority.

1. Disciplinary Authorities are

a)* the Cantonal Council in relation to the members of the Government Council and the highest cantonal courts, as well as in relation to the Council Secretary or the Council Secretary. Appeals against disciplinary decisions may be filed with the Administrative Court within 10 days from the notification.

abis* the Court Administration Commission in relation to the members of the district courts and the lower cantonal courts. Appeals against disciplinary decisions may be filed with the Administrative Court within 10 days from the notification.

b)* the Government Council in relation to the other members of governmental authorities and the state personnel subject to this law. Appeals against disciplinary decisions may be filed with the Administrative Court within 10 days from the notification.

c)* the authorities designated in §§ 70, 92, and 97 of the Municipal Law in relation to the persons subject to this law. Appeals against disciplinary decisions may be filed with the competent department within 10 days from the notification. The department's decision can be further appealed to the Administrative Court within 10 days.

d)* the election authority in relation to the other authorities and personnel of public law corporations and institutions subject to this law. If the Cantonal Council is the election authority, the Government Council acts as the disciplinary authority. Appeals against disciplinary decisions may be filed with the Administrative Court within 10 days from the notification.

1. The disciplinary measures are

a) Reprimand;

b) Fine up to 3000 Swiss Francs;

c) Temporary suspension from duty with withdrawal of salary;

d) Reduction of salary within the applicable rates for the position;

e)* ...

f) Punitive transfer within the service or demotion with lower salary;

g) Transfer to a provisional employment relationship;

h) Disciplinary dismissal.

2. Exceptionally, two disciplinary measures may be combined.

3. The type and severity of the penalty are determined by the culpability, motives, previous conduct, official position, and responsibility of the official, as well as by the scope and importance of the violated or threatened service interests.

4. In the case of a minor violation of duty, a disciplinary measure may be waived if instruction, admonition, or warning by the superior suffices.

5. If it is in the interest of the investigation or the orderly conduct of service, the competent disciplinary authority may order a preliminary suspension without salary withdrawal. In severe cases, it may decide on the withdrawal of salary. An appeal to the administrative court is permissible against its decision.

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

2. Proceedings shall be initiated upon a report, upon request of the individual concerned, or ex officio by means of a formal decision of the disciplinary authority.

3. In cases of third-party reports, the accused must be given the opportunity to respond orally or in writing to the allegations before the proceedings are initiated.

4. Generally, a three-member commission is entrusted with the investigation. Upon conclusion of the investigation, the commission must report the results to the disciplinary authority and submit a motion.

5. In cases of minor breaches of duty, proceedings may be waived.

1. The official shall be informed by the investigation commission of the accusation made against him. He shall be given adequate opportunity to express himself, to supplement the investigation, and to defend himself. The inclusion of an authorized representative is permissible.

1. Subject of Examination and Assessment: The breach of official duties is examined and assessed not only according to the contents of the complaint but in its true nature, even if it relies on circumstances that were not mentioned in the complaint. The investigation commission is obliged to ascertain the facts both for and against the accused with equal diligence.

2. The interrogation of the accused and the statements of witnesses and experts must be recorded in a protocol. The investigation commission has the right to interrogate witnesses. The Swiss Code of Criminal Procedure applies mutatis mutandis.

3. Upon completion of the investigation, the accused is informed and notified where they or their representative can review the documents upon which the commission’s report is to be based. An adequate period must be set for the review.

4. Within the set period, the accused may comment on the facts and the issue of guilt and may request a supplementary investigation. If the investigation commission agrees to the request, the results of the supplementary investigation must also be communicated to the accused or their representative, and a deadline for reviewing the new documents must be set. Any further submission from the accused may only refer to the new documents.

5. The investigation commission submits its report to the disciplinary authority based on the results of the investigation. It also considers the exonerating reasons asserted by the accused or their representative.

1. The decision of the disciplinary authority includes the facts of the case, the reasons for the decision, the penalty, and the legal remedies.

2. Investigation costs may be imposed wholly or partially on the accused in the event of a conviction. Unlawful gains are forfeited to the state or the municipality.

1. Disciplinary offenses become time-barred within 5 years from the date of their commission. If criminal law provides for a longer period of limitation, that period also applies to disciplinary law.

2. During the period of a criminal investigation, the statute of limitations for disciplinary actions is suspended. Moreover, Articles 71 and 72 of the Swiss Criminal Code of December 21, 1937 (commencement, suspension, and interruption of the limitation period) apply mutatis mutandis.

1. All provisions in laws and regulations that conflict with this Act are repealed. In particular, the following are rescinded

a) Sections 29-39 of the Law on State Personnel of November 23, 1941;

b) Sections 149 paragraphs 2-4, 150, 151 paragraphs 2-3, 154-158 of the Municipal Law of March 27, 1949;

c) Sections 29-32 of the Implementing Regulation on the Municipal Law of September 13, 1949.

2. ...

1. This law does not apply to the proceedings pending at the time of its entry into force and to the legal remedies to be taken.

2. The liability of the state under Sections 2 et seq. and of the officials under Sections 13 et seq. also applies to damage that occurred before the entry into force of this law, provided that neither the statute of limitations nor forfeiture under Section 11 or Section 17 has occurred.

3. If a breach of official duty was committed before the entry into force of this law, but disciplinary proceedings were initiated thereafter, the law that is more lenient for the affected person shall be applied.

4. Disputes over the application of old or new law shall be decided by the administrative court in a panel of five judges.

1. All claims for damages pending with the competent department, the competent municipal authority, or the competent executive organ at the time of the amended § 11 coming into force shall be subject to the new law. For state liability proceedings where the time limit for filing a claim under the previous § 11 paragraph 2 is still running, the previous law shall apply. If the expiration under the previous law has already occurred, it remains applicable.

2. Reserved is the transitional law concerning medical state liability according to special legislation.

3. The new law shall apply to claims for damages and recourse actions against officials that are initiated after the amended § 15 comes into force.

1. The law shall enter into force upon acceptance by the people and the publication of the voting results in the Official Gazette.