1 Foundations and Organization, Public Charges » 15 Districts and Municipalities » 152 Organization (GOG)

1. Purpose and Scope

1 This Act governs the organization and administration of municipalities.

2 The provisions concerning municipalities apply mutatis mutandis to districts,

unless the Constitution, an Act, or an ordinance stipulates otherwise.

3 Legislation concerning the financial management of districts and

municipalities remains reserved.

2. Municipalities

1 Municipalities comprise their traditional territory with all inhabitants.

2 They are autonomous in the administration of their assets, in the use and application

of their funds, and in the manner and execution of public tasks within the

limits of the constitution, laws, and ordinances.

3. Districts

1 The Canton of Schwyz is divided into districts, which encompass the traditional

territory, namely

a) District of Schwyz with the municipalities of Schwyz, Arth, Ingenbohl, Muotathal,

Steinen, Sattel, Rothenthurm, Oberiberg, Unteriberg, Lauerz, Steinerberg,

Morschach, Alpthal, Illgau, Riemenstalden;

b) District of Gersau;

c) District of March with the municipalities of Lachen, Altendorf, Galgenen, Vorderthal,

Innerthal, Schübelbach, Tuggen, Wangen, Reichenburg;

d) District of Einsiedeln;

e) District of Küssnacht;

f) District of Höfe with the municipalities of Wollerau, Freienbach, Feusisberg.

2 In the Districts of Gersau, Küssnacht, and Einsiedeln, the district authorities

simultaneously fulfill the duties incumbent upon the political municipality.

4. Changes to Existence and Territory

a) of Municipalities

1 Several municipalities can agree on changes to their existence and territory

through a public-law contract.

2 The contract regulates in particular

a) whether a new municipality is formed or one municipality incorporates other

municipalities (merger) or territorial changes occur between municipalities;

b) the time of the merger or territorial change, the boundaries and the name of

the new municipality;

c) the fundamental principles of the organization and responsibilities of the new

municipality;

d) the continued employment of staff;

e) the transitional arrangements, which specifically regulate the continued validity

and repeal of statutory and contractual obligations of the affected municipalities.

3 It requires the approval of the voters of each participating municipality.

b) Cantonal Consent

1 Once the communes involved have approved the agreement, the Government

Council submits the change in existence and territory to the Cantonal Council for decision.

2 A change in existence and territory can only come into effect when the

decision of the Cantonal Council is legally binding.

c) by Districts

Districts can agree to changes in their existence and territory analogously to §§ 4 and 5.

5. Boundary Adjustments

1 Boundary adjustments that do not constitute a significant change in the inventory

of the municipalities can be agreed upon by the municipal councils of the

participating municipalities on their own initiative or upon application by the

affected landowners or the cantonal surveying authorities.

2 If an application from a landowner or the surveying authorities is rejected, or if

the municipal councils cannot agree, the Government Council shall decide.

II. The Organisation of Municipalities and Districts

A. The Electorate

1. General

1 The electorate are the supreme organ of the municipalities and districts. They exercise their powers at the ballot box (ballot box system), unless the municipal assembly or the district assembly is competent (assembly system).

2 The municipal assembly is the assembly of the electorate of a municipality; the district assembly is the assembly of the electorate of a district.

3 The electorate may generally decide to introduce the assembly system instead of the ballot box system for elections or substantive votes.

2. Initiative

a) Form

1 An initiative must be submitted to the municipal council in writing, either in the form of a general suggestion or a detailed draft.

2 It is considered an individual initiative if it is signed by a single eligible voter.

3 It is considered a plural initiative if it is signed by five percent of eligible voters, but by at least five and at most 300 eligible voters.

b) Validity Review

1 The Municipal Council declares an initiative invalid if it

a) does not relate to a subject matter for which the voters are competent to

decide;

b) does not observe the principle of unity of matter;

c) contradicts superordinate law; or

d) has an impossible content.

2 The Municipal Council may declare initiatives inadmissible if they constitute a

repetition of a matter dealt with by the voters within two years and no new facts

exist that justify a renewed treatment.

3 Decisions concerning the validity or admissibility of initiatives must be communicated

to the initiators within three months of their submission; the decision must be

published together with the initiative text in the official gazette. They may be

contested by appeal to the Administrative Court within ten days.

c) Further Processing

1 If the Municipal Council declares a single or plural initiative to be valid, it shall submit

a single initiative to the Municipal Assembly no later than one year, and a plural

initiative within six months, after the legal force of the declaration of validity, along

with its proposal or counter-proposal.

2 At the Municipal Assembly, motions to amend single initiatives are admissible,

while they are excluded for plural initiatives.

3 If the voters approve an initiative in the form of a general suggestion, the Municipal

Council must prepare a corresponding proposal within one year and submit it to the

voters.

3. Decisions by Ballot

a) Substantive Matters

aa) General

1 The eligible voters shall decide by ballot on

a) the enactment of municipal articles of association (Gemeindeordnung);

b) the enactment of legal provisions, unless another body is competent according to cantonal or communal law;

c) the granting of expenditure authorizations and their increase;

d) the acquisition and disposal of real estate, with the exception of minor transactions;

e) the enactment of personnel and salary regulations for the employees of the municipality and its institutions;

f) the establishment of legal entities under public or private law and of inter-municipal associations (Zweckverbände), as well as joining such entities;

g) changes in existing entities and territorial changes;

h) cooperation agreements with other municipalities that involve the transfer of sovereign powers or the authorization of new expenditures;

i) initiatives and any counter-proposals to plural initiatives;

j) other matters provided for by legislation.

2 They may delegate the enactment of personnel and salary regulations to the municipal council.

3 The remaining powers are not transferable.

bb) Prior Consultation

1 Prior consultation shall take place at the municipal assembly regarding matters subject to ballot vote.

2 Motions for rejection or non-consideration are inadmissible; otherwise, §§ 28 et seq. apply.

3 Dual motions cannot be referred to a ballot vote. Reserved is the simultaneous referral of a plural initiative and a counter-proposal.

4 If a proposal from the municipal council is amended in such essential parts during prior consultation that the purpose thereby sought can obviously no longer be achieved, the municipal council may withdraw its proposal and refrain from forwarding the matter to a ballot vote.

cc) **Explanatory Notes on Voting**

With the voting documents for substantive matters, the municipalities can send a brief information note to the eligible voters or refer to the written explanations for the deliberative municipal assembly.

b) Elections

1 The eligible voters of the municipalities elect

a) the municipal president, the treasurer, the other members of the municipal council, the mediator and his deputies, and the auditors;

b) the municipal clerk, unless employment by the municipal council is provided for.

2 The eligible voters of the districts elect

a) the district chief, the treasurer, the other members of the district council, and the auditors;

b) the district clerk or council clerk, unless employment by the district council is provided for;

c) the president and the judges of the district court;

d) the cantonal judges assigned to the district.

3 If a district court exists for several districts or a mediation office for several municipalities, the districts or municipalities involved form a common electoral district. The assembly system is excluded for these elections.

4. Decision-making at the Municipal Assembly

a) generally

1 The Municipal Assembly decides on

a) the determination of the budget, supplementary appropriations, and tax rate, as well as the acknowledgement of the other parts of the financial plan;

b) the approval of the annual accounts;

c) naturalizations, insofar as these are delegated to the Municipal Assembly;

d) further matters expressly reserved to the Municipal Assembly by cantonal law.

2 For these substantive matters, a decision-making by ballot box is excluded.

b) Exceptions for Individual Transactions

1 If the municipal assembly is generally responsible for substantive votes,

the municipal council must order a ballot box vote for a specific substantive transaction

if five percent of the eligible voters, but at least five and

at most 300 eligible voters, have requested it in writing no later than the fifth day before the municipal assembly,

or if the municipal assembly decides so.

2 Excluded from this are substantive transactions according to § 16 para. 1.

B. The Municipal Assembly and the District Assembly

1. Convening

a) Ordinary Municipal Assembly

1 The Municipal Assembly convenes ordinarily by mid-December at the latest to determine the budget and by mid-May at the latest to approve the accounts.

2 The Government Council may permit exceptions from these deadlines for important reasons.

b) Extraordinary Municipal Assembly

Furthermore, the Municipal Council convenes the Municipal Assembly

a) as often as it deems necessary;

b) when this has been requested by a resolution of a previous Municipal Assembly;

c) when the deliberation of a plural initiative requires it;

d) when the Government Council, as the supervisory authority, orders it.

c) Form of Invitation

1 The communal assembly shall be convened by customary local publication, as

well as by sending an invitation to all households or to all eligible voters.

2 The invitation shall be sent at least ten days before the assembly, stating the

place, time, and agenda. The invitation must be accompanied by the consultation

documents (accounts, reports, plans, etc.). In the case of initiatives, the

essential arguments of the initiators must be presented.

3 The complete documents for the business of the communal assembly,

insofar as they are not subject to confidentiality, shall be made publicly available for

inspection at the municipal office from the dispatch of the invitation.

2. Preparation

The Municipal Council shall prepare the business of the municipal assembly and submit proposals on each item.

3. Public Nature

1 The municipal assembly is public.

2 It usually takes place in the evening.

4. Conduct of Business

a) Leadership

1 The Municipal President opens, conducts, and closes the deliberations.

2 He ensures peace and order and removes persons who disrupt the deliberations.

b) Tellers

1 Upon proposal by the Municipal President or from among the assembly,

three to six tellers are elected immediately after the opening.

2 Together with the Municipal President and the Municipal Clerk, they form

the Bureau of the Municipal Assembly.

c) Authority to Participate

1 Only those with voting rights are authorized to deliberate and make decisions.

2 The Bureau decides on disputes.

d) Order of Business

1 The Municipal President shall have the agenda read out by the Municipal Clerk if so requested by an eligible voter.

2 Following its approval or clarification, he shall bring the items of business for consideration in the established order.

e) Reporting and Consultation

1 For every transaction, a report is submitted by a spokesperson of the Municipal Council or a

special commission; for the budget, expenditure authorizations, and annual accounts,

additionally by the auditors.

2 The consultation continues until no one else requests to speak or the

assembly decides to close the discussion.

f) Votes

aa) Explanation and Formal Motions

1 The Municipal President explains the voting process to the eligible voters.

2 During the vote, motions for referral back, postponement, or separation of the matter take precedence. If referral back or postponement is decided, the matter returns to the Municipal Council.

3 In all other cases, a decision on the merits is made.

bb) Substantive Motions

1 First, a vote is taken on whether to proceed or not to proceed.

2 Subsequently, decisions are made on motions to amend.

3 Motions to amend that are mutually exclusive must be put against each other. Finally, a vote is taken on the reconciled main motions.

4 Under the ballot box system, the acceptance or rejection of a substantive proposal is decided at the ballot box.

cc) Ascertaining the Result

1 When voting, the majority of those casting votes decides; abstentions are not

considered.

2 If, during an open ballot, the tellers are in doubt about the majority, the vote

shall be repeated and the votes counted.

dd) Voting by the Municipal President

The Municipal President votes in open ballots only in the case of a tie.

g) Conduct of Elections

1 If two candidates are nominated for an office, the person who unites the majority of the votes participating in the ballot is elected.

2 If more than two candidates are nominated, in each round of voting, the candidate who has united the fewest votes is eliminated from the election.

3 In the event of a tie, lots shall be drawn.

h) Secret Elections and Ballots

1 The municipal assembly conducts elections and adopts resolutions by open

show of hands, unless the majority of voters, upon application by an entitled

voter or the municipal president, decides on a secret election or ballot in

an individual case.

2 If a secret election or ballot is decided upon, each entitled voter receives an

official ballot paper. These are collected by the tellers or are to be cast into

ballot boxes in the assembly hall.

3 The necessary election and ballot material must be kept available at all times.

4 The municipal president participates in secret elections and ballots. If there is

a tie in elections, he draws lots.

5. Minutes of the Municipal Assembly

1 The municipal clerk shall keep the minutes of the municipal assembly. They

must contain the following

a) the names of the members of the bureau;

b) the agenda;

c) for each item of business dealt with

1. the proposal of the municipal council,

2. the names of the rapporteurs with a brief summary of their report,

3. the names of the speakers and their potential motions with a brief sum-

mary of the justification,

4. the description of the voting process and the result of the vote;

d) for elections: the course of the election proceedings and the result.

2 The proceedings may be electronically recorded to assist with the minute-taking.

3 The minutes shall be submitted to the municipal council for approval and shall

be signed by the municipal president and the municipal clerk.

4 Preliminary result protocols concerning the outcomes of elections and votes shall

be prepared, which shall be made publicly available for ten days following the

day of the vote and election.

C. The Municipal Parliament

1 A parliament may be provided for in the municipal charter.

2 The municipal charter shall regulate at least

a) the election of the parliamentarians by the eligible voters and the applicable proportional representation system (Proporz);

b) the composition and powers of the parliament;

c) the right of initiative and referendum of the eligible voters.

3 Individual tasks of the eligible voters, the municipal assembly, and the municipal council may be transferred to the parliament for preliminary or final disposition. The right of initiative and referendum of the eligible voters remains reserved.

D. The Municipal and District Council

1. General

a) Composition

1 The Municipal Council consists of the Municipal President, the Treasurer, and three to seven further members.

2 The District Council consists of the District Administrator, the District Deputy, the District Treasurer, and two to six further members.

b) Election Procedure, Term of Office and Re-election

1 The authorities of the municipalities are elected according to the majority election system (majorz).

2 Half of the municipal councils are renewed every two years.

3 The term of office for the Municipal President and the Municipal Treasurer is two years; for the other members of the authorities, it is four years. They are eligible for re-election.

c) Eligibility and Incompatibility

1 Any person eligible to vote in the canton is eligible to be a municipal councilor.

2 The simultaneous holding of the following offices is incompatible

a) as a municipal councilor or municipal clerk in different municipalities;

b) as a member of the Cantonal Government (Regierungsrat) or State Chancellor (Staatsschreiber) and a municipal councilor or municipal clerk.

3 Spouses and persons in a registered partnership, as well as persons related by blood or marriage in the first or second degree, may not simultaneously be members of the municipal council.

d) Renewal Elections

1 If, in a renewal election, municipal council seats with a four-year and a two-

year term of office are to be filled simultaneously, the term of office for the

elected candidates shall be that for which they made themselves available by

signing their election proposal.

2 If the seats with the corresponding term of office are insufficient for this

purpose, the higher number of votes among these elected candidates shall be

decisive.

3 If, however, seats remain for both terms of office, those with a four-year

term of office shall be allocated among the further elected candidates in the

order of their vote count. In the event of a tie, lots shall be drawn.

e) By-elections / Supplementary Elections

1 Municipal Council seats that become vacant during a term of office must be filled

within six months by means of by-elections.

2 A by-election can be dispensed with if the vacancy occurs no more than six

months before the general renewal elections.

f) Assumption of Office

1 Following a general election, the authorities assume office no later than

July 1st of the election year.

2 Following a by-election, the municipal council determines the assumption of office of the newly

elected member.

## 2. Position

a) General

1 The Municipal Council is the supreme governing and executive body of the municipality. It represents the municipality externally.

2 It possesses all powers, unless they are reserved for another municipal body by cantonal or communal law and it has not delegated them pursuant to § 43.

3 The Municipal President, together with the Municipal Clerk, signs legally binding documents on behalf of the Municipal Council. This signing authority can be generally delegated by a Municipal Council resolution for specific areas to other members of the Municipal Council, administrative departments, or employees.

b) Delegation of Competence

1 The Municipal Council may delegate the following powers vested in it to individual

members, commissions or administrative bodies, as well as employees, for independent

execution

a) the issuance of orders, provided that a multitude of similar cases are involved

and the right of appeal to the Municipal Council is reserved;

b) the appointment of employees, with the exception of the Municipal Clerk;

c) administrative acts not aimed at legal effects (factual acts);

d) further powers provided for by legislation.

2 The Municipal Chancellery shall maintain a public register of the powers delegated

by the Municipal Council for the issuance of orders.

3. Convening

1 The Municipal Council is convened by the Municipal President as often as business necessitates.

2 The Municipal President is further obliged to convene the Municipal Council if at least one-third of the members request the convening, stating the matters to be discussed.

3 Members are generally invited at least three days before the meeting.

4 Members may not absent themselves from the meeting without important reasons and without excuse.

4. Business Procedures in the Municipal Council

a) Conduct of Negotiations

1 The municipal president leads the negotiations of the municipal council.

2 They participate in votes and elections and cast the deciding vote in the event of a tie.

b) Motions and Voting

1. Matters presented for the first time must be postponed to the next meeting upon motion by one third of the members present.

2. After the debate is concluded, the Municipal President shall record the motions made and put them to a vote. §§ 28 et seq. shall apply mutatis mutandis.

3. Motions for which there is no counter-motion shall be declared a resolution of the Municipal Council without a vote.

4. Voting is compulsory in the Municipal Council and shall be conducted by open show of hands. In elections, a secret ballot shall be taken upon the request of a member; in substantive votes, upon resolution by the majority of those present.

5. Resolutions shall be passed by a majority of votes. A resolution that has been passed may be revisited if the majority of members so decide.

5. Minutes

a) Content

1 The municipal clerk shall keep the minutes of the deliberations of the municipal council.

2 They shall contain the names of the persons present, of the members of the authority who have recused themselves, as well as the decisions adopted at the meeting, including the facts and any considerations.

3 Upon request, in addition to the motions that have led to a decision, the other motions of individual members shall also be recorded.

b) Approval

1 The minutes shall be approved by the Municipal Council.

2 For this purpose, they shall be made available for inspection two days before the next meeting.

c) Notification

1 As a rule, the decisions of the municipal council are to be notified to those concerned in the form of extracts from the minutes.

2 The extracts from the minutes must set out the facts, the reasons and considerations decisive for the decision, as well as the adopted decision with any instructions on legal remedies.

d) Publication and Information

1 The Municipal Council may order the publication of its decisions in an appropriate

form.

2 It, or other persons acting on its behalf, shall inform the public periodically

or on special occasions about its activities and those of the municipal

administration.

3 Official secrecy and conflicting public or private interests remain reserved.

6. Archive

1 Deeds, minutes, and other important files of the municipality must be kept in the

archive.

2 The provisions of the Archives Act of November 18, 20153 apply.

7. Committees, Experts

1 The Municipal Council may delegate the preparation of its business to individual members

or committees.

2 It may call upon experts or persons from the administration for its deliberations.

E. Further Authorities and Commissions

1. General Provisions

a) Obligation to Appoint

1 Every municipality is obliged to appoint the further authorities and commissions provided for by cantonal law.

2 The municipal council is authorized and, to the extent that the municipal constitution or a resolution of the electorate so stipulates, obliged to elect commissions.

b) Number of Members

The municipal council determines the number of members of the other authorities and commissions, insofar as it has not already been set by law, municipal regulations, or a decision of the voters.

c) Eligibility

1 In authorities and commissions provided for by cantonal law,

only persons entitled to vote in cantonal matters are eligible,

unless cantonal law provides for exceptions.

2 To other commissions of the municipalities, persons entitled to vote in federal

matters and foreigners with a settlement permit may also be elected.

d) Term of Office

1 The members of the Auditing Commission are elected by the eligible voters for a

term of two years, concurrently with the Municipal Council.

2 All other permanent authorities and commissions are elected by the Municipal

Council at the beginning of its term of office, each for a term of two years.

3 Non-permanent commissions are elected as needed for the duration required to

fulfil their assigned task, but no longer than until the complete renewal of the commissions.

e) Constitution

1 The Municipal Council designates at least the presidents and the minute-takers of the other authorities and commissions, with the exception of the Audit Commission.

2 For the rest, the other authorities and commissions constitute themselves.

f) Conduct of Business

1 Unless federal or cantonal law grants them decision-making powers, the other

authorities and commissions must submit reports and proposals to the Municipal Council.

2 The provisions for the course of business in the Municipal Council apply to the

decision-making process.

g) Participation of the Mayor and Treasurer

The Mayor and the Treasurer have the right to participate, with advisory votes, in all meetings of authorities and commissions to which they do not belong as members.

h) Reporting before the Municipal Council

1 The Municipal Council may invite the president of a commission who is not a

member of the Municipal Council to participate in its deliberations when

matters prepared by the commission are to be discussed.

2 The commission president may request to be heard by the Municipal Council

to justify a motion of the commission.

2. Auditing Commission

1 The Auditing Commission consists of at least three members. Members of the

municipal council and employees of the municipality may not simultaneously be

members of the commission.

2 It elects its president and its minute-taker.

3 It may call upon external experts for support.

F. The Municipal President and the Treasurer

1. Municipal President

a) Duties

The Municipal President manages municipal affairs and fulfills the duties assigned to him by cantonal and communal law.

b) Representation / Deputy

The Municipal Council elects from its midst the Vice-President, who represents the Municipal President in the latter's official functions in case of absence or impediment. If the Vice-President is also unable to serve, the member of the Municipal Council designated by the Municipal Council or the member of the Municipal Council with the longest service takes his place.

c) Interim Orders

1 If the Municipal Council cannot be convened in time, the Municipal President is

obliged to make interim orders and arrangements. Section 63 applies to representation.

2 He must submit such orders to the Municipal Council for approval at the next

meeting.

3 The same rule applies to interim orders by the presidents of other authorities and

commissions that have independent decision-making powers.

2. Treasurer

1 The Treasurer heads the finance administration and accounting of the municipality.

2 He represents the financial affairs of the municipality in the Municipal Council and before the Municipal Assembly.

3 The Municipal Council may assign him additional tasks.

G. The Municipal Clerk

1. Prerequisites

a) Eligibility and Vacancy Announcement

1 A communal clerk may be elected or appointed if they are entitled to vote and stand for election in federal matters and possess a professional qualification or have passed an examination.

2 The Government Council regulates the recognition of professional qualifications and the conduct of the examination.

3 The position of communal clerk shall be advertised in the cantonal gazette and in any other publication organs of the municipality when the office is to be refilled due to the departure of the previous incumbent.

b) Election or Appointment

1 The electorate shall elect the Municipal Clerk for a term of four years. The Municipal Clerk is eligible for re-election.

2 They may transfer this authority to the Municipal Council, which may appoint the Municipal Clerk by means of a public-law contract.

2. Deputy

The Municipal Council elects the Deputy Municipal Clerk.

3. Position

1 The municipal clerk has the right to make proposals in the municipal council, as well as in other authorities and commissions for which he acts as minute-taker, and may participate in the deliberations.

2 In other authorities and commissions of which he is a member, he also possesses the right to vote.

4. Duties

1 The Municipal Clerk is responsible for all duties and powers assigned to him by

statute or by the Municipal Council.

2 He heads the municipal administration and manages the affairs of the municipal

chancellery, unless the electorate or the Municipal Council have decided on a different

organization.

H. Other Employees

1. The Municipal Council appoints the employees required to fulfill its tasks,

unless other bodies are responsible for the appointment.

2. The employment relationship is governed by public law, unless a private law

employment relationship is decided upon for outsourced areas.

3. If the personnel and salary regulations of the municipality contain no

provisions, the employment relationship of the municipality's employees with

regard to its establishment, duration, and termination, as well as general

rights and obligations, shall be governed by the personnel and salary

regulations of the Canton.

J. Common Provisions

1. Induction into Office and Oath of Office

1 After his election, the Municipal President shall be inducted into office and sworn

in under the direction of the District Governor, unless he has already held the

same office immediately in the preceding term of office. The District Governor

shall be sworn in by the competent Government Councillor.

2 The Municipal President shall thereafter swear in the members of the Municipal

Council and the Municipal Clerk, unless they have already held the same office

in the preceding term of office.

3 Members of the Municipal Council or Municipal Clerks elected during the term

of office shall be sworn in immediately after their election.

4 The Government Council shall regulate the procedure for induction into office

and the swearing-in ceremony.

2. Duty to Recuse

The duty to recuse for members of the municipal council and the municipal clerk or other authorities and commissions, as well as for employees of the municipality, is governed by the Administration of Justice Act of November 18, 2009.

3. Quorum

1 The Municipal Council, other authorities, and commissions have a quorum if the majority of voting members are present.

2 If this number cannot be reached in extraordinary cases due to the recusal of several members or for other compelling reasons, the quorum is not forfeited.

4. Remuneration

The municipal councillors are authorized, within the framework of the budget, to determine attendance fees and daily allowances, as well as flat-rate remunerations for the activities of the municipal council and other authorities and commissions.

5. Data Protection

1 Authorities, commissions, administrative offices and institutions of the municipalities,

inter-municipal associations, and third parties, insofar as public tasks have been assigned to them by the municipality, are obliged to take the necessary measures for the protection of the fundamental rights of the data subject and for data security when processing data.

2 The provisions of the Law on Public Access to Administration and Data Protection of May 23, 2007 apply.

III. Performance of Tasks

1. Forms

1 Municipalities fulfill their public duties themselves, transfer them to a third party, or collaborate with other municipalities.

2 For this purpose, they can

a) establish legal entities under public or private law or participate in them (outsourcing/externalization);

b) transfer duties to third parties through service agreements (service transfer) or procure them from third parties (service procurement), and

c) agree with other municipalities on the joint fulfillment of duties (collaboration).

2. Outsourcing and Transfer and Procurement of Services

1 The municipality may establish legal entities under public or private law or participate in such entities to fulfill its tasks.

2 Outsourcing requires a resolution by the voters, which must particularly regulate the transferred tasks, the legal form of the service provider, the organization, the financing, as well as supervision and legal protection.

3 By means of a service agreement, the municipal council may transfer the fulfillment of a task to a third party or procure services from them for its fulfillment. Sovereign tasks may only be transferred by the voters in the form of a legal norm or a concession.

3. Cooperation with other Municipalities

a) Special Purpose Associations

aa) Accession and Supervision

1 The establishment of a special purpose association and accession to such an association require the approval of the voters of the acceding municipalities as well as the approval of the Government Council.

2 Special purpose associations are subject to the supervision of the Government Council.

3 The provisions concerning the supervision of municipalities are applicable by analogy.

bb) Organization and Statutes

1 A special-purpose association must have at least a delegates' assembly, a board of directors, and an auditing body.

2 The statutes shall contain provisions concerning, in particular

a) the name, seat, and tasks;

b) the organs and their composition and competencies;

c) the right to vote in the delegates' assembly, as well as the right of initiative and referendum for eligible voters and, if applicable, for the participating municipalities;

d) financing, financial management, the cost distribution key, and liability;

e) the applicable personnel and salary law;

f) the authority, if applicable, to issue legal norms and administrative decisions;

g) the accession and withdrawal of municipalities, as well as the dissolution of the association with their financial consequences.

3 The enactment, amendment, and repeal of the statutes shall enter into force no earlier than upon approval by the Government Council.

b) Joint Entities

1 Several municipalities may establish legal entities under public or private law

for the joint performance of tasks.

2 Unless already stipulated by law, the resolution establishing such an entity

must regulate at least the following

a) the name and purpose, the legal form, and any participation ratios;

b) the organization as well as the bodies and their competencies;

c) the decision-making process within the bodies;

d) the procurement of financial resources and the management of the financial

household;

e) the applicable personnel and remuneration law;

f) legal protection and the applicable procedural law;

g) the procedure and financial consequences upon the entry and exit of

municipalities, as well as the dissolution of the entity;

h) the liability of the entity.

3 The resolution establishing the entity requires the consent of the eligible voters

of each municipality and the approval of the Government Council.

c) Cooperation Agreement

1 Several municipalities can agree, through a cooperation agreement, on the joint

fulfillment of public tasks, or one municipality can be commissioned to fulfill

public tasks for other municipalities.

2 Cooperation agreements are concluded by the municipal councils of the participating

municipalities.

3 The competence of the electorate remains reserved if sovereign powers are transferred or new expenditures are approved in the agreement.

IV. Supervision and Legal Protection

1. Duty of the Municipality

1 The Municipal Council exercises supervision over the municipal administration and the fulfillment of public tasks by third parties.

2 If irregularities occur, the Municipal Council clarifies the matter and takes appropriate measures.

2. Supervision by the Government Council

1 The Government Council supervises the organization and administration of

the municipalities and ensures the preservation of the assets of the municipalities.

2 The Government Council issues such directives as it deems necessary to the municipal

councils regarding the correct execution of federal and cantonal legal provisions and ensures the execution of its decrees.

3. Areas of Supervision

a) Elections

1 All elections carried out by the electorate must be reported to the Cantonal

Government by submitting an election protocol or an extract from the

municipal assembly minutes, along with the certification resolution.

2 The Cantonal Government examines whether there are no obvious

unconstitutionalities or illegalities.

b) Approval of Municipal Regulations and Statutes

aa) general

The municipal regulations and the statutes prescribed by cantonal law require the approval of the Government Council upon their enactment or amendment.

bb) Power of Review

1 The Government Council shall refuse to approve unlawful provisions.

2 It is only entitled to review discretionary decisions where a legal norm expressly grants it this power.

3 It shall return municipal ordinances and regulations with significant defects to the municipality; it may remedy immaterial defects in the approval decision by amending the regulation.

cc) Publication

1 The municipal codes and regulations can be inspected and obtained from the municipal office. They are also electronically published and made accessible.

2 The approval of municipal codes and regulations by the Government Council is published in the Official Gazette.

4. Audit of Municipal Activity

a) Annual Report and Financial Plan

1 The municipality's annual report and financial plan must be submitted to the Cantonal Government within ten days of the municipal assembly.

2 If the Cantonal Government identifies deficient or irregular asset management or accounting, it will notify the municipal council accordingly.

b) Communal Examination

1 The Government Council may ex officio or upon a supervisory complaint

review the activities of communal authorities and administration.

2 It may conduct examinations in individual communes or systematic examinations in

all communes.

3 It may entrust individual departments or offices with the execution of these examinations.

5. Supervision Notice

a) Principle

1 Any person may report shortcomings in the administration of a municipality or

a legal entity under public or private law that performs a public task, to the supervisory authority.

2 The supervisory authority may send a written response to the reporting person.

3 The following may be obliged to pay a fee and reimburse the incurred costs

a) the reporting person, if the report is obviously unfounded;

b) the municipality or the legal entity under public or private law, if supervisory measures

must be taken by the Government Council.

b) Investigation and Measures

1 The supervisory authority shall clarify the facts and take the necessary

measures within the scope of its competence.

2 In particular, it may

a) issue instructions and order provisional measures;

b) annul unlawful enactments and decisions as well as other resolutions;

c) take substitute performance;

d) issue further necessary orders that are suitable for remedying an ascertained

deficiency.

6. Appeals against Municipal Resolutions

a) Standing

1 Any person demonstrating an interest may appeal against unlawful resolutions and elections of the people.

2 The Municipal Council also has the same authority.

b) Procedure

1 Appeals against elections and referendums must be filed with the Administrative Court within ten days of the election or polling day.

2 In all other respects, the Administrative Justice Act of 6 June 19746 and the Elections and Referendums Act of 15 October 1970 shall apply.

7. Appeals against Other Municipal Bodies

1 Unless the constitution, law, or ordinance stipulates otherwise, decisions and orders of individual authority members, commissions, administrative offices, and municipal employees may be challenged within 20 days before the Municipal Council as the first instance of appeal, and all decisions of the Municipal Council may be challenged by appeal before the Government Council.

2 The provisions of the Administrative Justice Act apply to the procedure.

V. Final Provisions

1. Repeal and Amendment of Existing Law

1 The Law on the Organization of Municipalities and Districts (Municipal Organization Law, GOG) of 29 October 1969 is hereby repealed.

2 The following enactments are amended as follows

a) Law on Elections and Referendums of 15 October 1970

Section 47 Subsection 1

1 The provisions applicable to cantonal referendums shall apply mutatis mutandis to referendums on factual matters of municipalities and districts.

b) Tax Law of 9 February 2000

Section 125 Subsection 3 (new)

3 Special tasks such as enforcement proceedings may, with the approval of the competent department, also be delegated to third parties.

c) Law on the Introduction of the Federal Land Register of 20 April 1955

Section 4 Subsection 1

1 The Canton, districts and municipalities shall bear the costs of introducing the federal land register in equal parts. Municipalities may, by resolution of the voters, pass on a maximum of 30% of their share of costs to the landowners.

d) Introductory Law to the Federal Law on the Acquisition of Real Estate by Persons Abroad of 26 August 1987

Section 4 Subsection 1

1 The municipalities designated pursuant to Section 3 Subsection 2 may, by resolution of the voters, further restrict the acquisition of holiday homes and residential units in apart-hotels within the meaning of Article 13 of the Federal Act on the Acquisition of Real Estate by Persons Abroad.

e) Law on Economic Promotion of 27 November 1986

Section 5 Subsection 2

2 The voters shall decide on measures pursuant to Section 3 Subsection 1 Letters d and e. They may delegate these powers generally or in individual cases to the municipal council and authorize it to transfer real estate for commercial, industrial, and service purposes to interested parties under specific conditions.

f) Tourist Tax Law (KTL) of 14 September 2016

Section 7 Subsection 1 Introductory Sentence

1 The voters shall enact regulations on the levying of tourist taxes, which shall in particular regulate

Letters a - e unchanged.

g) Planning and Building Law of 14 May 1987

Replacement of an Expression

In Sections 23 Subsection 4, 27 Subsections 1 and 3, 31 Subsection 2, 76 Subsection 1 Sentence 2, the expression "Gemeindeversammlung" (municipal assembly) is replaced by "Stimmberechtigte" (voters), and the related grammatical changes are made.

h) Fire Protection Law (FPL) of 12 December 2012

Section 40 Subsection 1

1 Municipalities may, by resolution of the voters, introduce a fire brigade contribution, which shall be levied from the owners of buildings and installations.

i) Public Holidays Law of 21 November 2001

Section 2 Subsection 1 Item 4

(Public holidays are:)

4. the holidays designated by the voters.

j) Health Law (HL) of 16 October 2002

Section 17 Subsection 3 Sentence 1

3 The voters shall enact regulations for the public cemetery.

k) Personnel and Remuneration Law for Teachers in Public Schools (PRL) of 27 June 2002

Section 5 Subsections 1 and 2 (new)

The previous single subsection becomes Subsection 1.

2 If the school board is not also the employing authority, it must be consulted beforehand when a teacher is hired.

l) Introductory Law to the Environmental Protection Law (ILEPL) of 24 May 2000

Section 9 Subsection 1

1 The voters shall enact regulations on waste disposal.

m) Introductory Law to the Water Protection Law (ILWPL) of 19 April 2000

Section 9 Subsection 1

1 The voters shall enact regulations on urban wastewater disposal.

2. Transitional Provisions

The following transitional provisions shall apply

a) In municipalities and districts where, at the time of the entry into force of this Law, the assembly system is applicable for substantive matters or elections, this system shall continue to apply until the electorate decides otherwise by ballot.

b) Section 65 of the Municipal Organisation Act of October 29, 1969, shall continue to apply to districts and municipalities until the enactment of new statutory provisions in the Financial Budget Act of January 27, 1994.

c) Special purpose associations shall amend their statutes to conform to the minimum requirements pursuant to Section 80 within five years of the entry into force of this Law.

3. Enforcement

The Cantonal Council is entrusted with the enforcement.

4. Referendum, Publication, Entry into Force

1 This Act is subject to an optional referendum in accordance with §§ 34 or 35 of the Cantonal Constitution.

2 It shall be published in the Official Gazette and, after its entry into force, shall be included in the Collection of Laws.

3 The Government Council shall determine the date of its entry into force.24

1 GS 25-10 with amendments of March 14, 2018 (KRB concerning the cooperation of municipal and district judicial authorities, GS 25-25c).

2 Para. 1 lit. a and Para. 2 lit. c as amended and Para. 3 newly inserted on March 14, 2018.

3 SRSZ 140.610.

4 SRSZ 231.110.

5 SRSZ 140.410.

6 SRSZ 234.110.

7 SRSZ 120.100.

8 SRSZ 234.110.

9 GS 15-683.

10 SRSZ 120.100.

11 SRSZ 172.200.

12 SRSZ 213.400.

13 SRSZ 213.700.

14 SRSZ 311.100.

15 SRSZ 314.100.

16 SRSZ 400.100.

17 SRSZ 530.110.

18 SRSZ 545.110.

19 SRSZ 571.110.

20 SRSZ 612.110.

21 SRSZ 711.110.

22 SRSZ 712.110.

23 SRSZ 153.100.

24 July 1, 2018 (Abl 2018 498); amendments of March 14, 2018 entered into force on January 1, 2019 (Abl 2018 2836).