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1 Foundations and Organization, Public Charges » 15 Districts and Municipalities » 152 Organization
Table of Provisions (17)
Statutory Text (17 Articles)
1. Scope and Purpose
1 This Regulation governs the recognition of examinations for election as Municipal Clerk, the conduct of the Municipal Clerk examination, and the preparation for the election of Municipal Clerks by the Municipal Councils.
2 The provisions regarding the election and examination of Municipal Clerks also apply to District Clerks.
2. Gender Equality
Terms referring to persons apply equally to women and men.
3. Eligibility for Election
1 The following are admitted for election as Municipal Clerk
a) Applicants who have passed the Municipal Clerk Examination in the Canton of Schwyz;
b) Holders of a bar admission certificate;
c) Applicants who have successfully completed the professional examination of a recognized administration school.
2 The Department of Security pronounces the recognition of administration schools according to paragraph 1 lit. c.
3 The Department of Security issues certificates of eligibility for election upon request.
II. Municipal Clerk Examination
1. Examination Commission
1 The Security Department shall elect an Examination Commission for a term of office of four years.
2 The Examination Commission shall consist of a representative of the Security Department, an acting or former municipal president, and a municipal clerk. For each member, a substitute member shall also be appointed.
2. Subject of the Examination
1 The examination covers knowledge of administrative management as well as
the fundamental principles of federal, cantonal, and municipal constitutional and
administrative law, and private law (law of persons, law of certification, child
and adult protection law, inheritance law), to the extent that these areas are
relevant for the activities of the municipal clerk.
2 The examination commission will further define the examination material
in a fact sheet.
### 3. Examination Dates
1 The Security Department shall annually, in November for the coming year,
determine two examination dates for the months of March and October and
publish them in the cantonal gazette, with reference to the registration procedure.
2 In the event of a proven need, the Security Department may, as an exception,
determine an extraordinary examination date.
4. Registration
Applicants must register in writing with the Security Department for the examination at least three months before the examination date. The following must be enclosed with the registration
a) a brief outline of their professional career;
b) proof of payment of the examination fee.
5. Form of Examination
1 The examination consists of
a) a written part, which includes the drafting of documents falling within the scope of activity of a municipal clerk (minutes extract, deed, etc.);
b) and an oral part.
2 The written examination lasts three to five hours, the oral examination a maximum of one hour.
6. Assessment
1 Written assignments and oral performances are assessed as follows, with half grades being permissible
Grade | Performance
--- | ---
6 | very good and complete;
5 | good, appropriate;
4 | meets minimum requirements;
3 | weak, incomplete;
2 | very weak;
1 | unusable.
2 The examination is deemed to have been passed if the average grade reaches a value of 4. Irrespective of the average grade, however, an examination is not deemed to have been passed if a grade below 3 occurs.
3 In addition to technical knowledge, fluency in linguistic expression and argumentation must also be included in the assessment.
4 The assessment must be recorded in a reasoned report by the examination board.
7. Repetition
1 The municipal clerk examination can be repeated only once within four years.
2 The repetition applies to the entire examination.
8. Fees
The examination fee is CHF 500.- and must be paid by the applicant.
III. Elections
1. Tender
The municipal councils shall publish the vacancy for a municipal clerk
early and publicly.
2. Job Interviews
1 Applicants for the position of municipal clerk shall be invited by the municipal council in due course to a job interview, during which the more detailed terms of employment will be communicated.
2 Upon request, municipal council members shall be granted access to the reasoned report of the examination board concerning those applicants who have taken the municipal clerk examination and are standing for election in the respective municipality.
3. Information
The municipal councillors shall inform the voters in a balanced and timely manner about the registered candidates for the office of municipal clerk.
IV. Final Provisions
1. Recognition of Eligibility Certificates
1 Anyone who passed the municipal clerk examination for a municipality in the Canton of Schwyz before the entry into force of these regulations is considered eligible in all municipalities.
2 The Security Department may recognise eligibility certificates for municipal clerks issued by other cantons.
2. Repeal of Previous Law
With the entry into force of these Regulations, the Examination Regulations for District and Municipal Clerks of May 3, 1934, are repealed.
3. Entry into Force
1 This Regulation shall be published in the Official Gazette and included in the Collection
of Laws.
2 It shall enter into force on 1 January 1998.10
1 GS 19-223 with amendment of 17 June 2008 (GS 22-22d) and of 18 December 2012
(VVzKindes- und Erwachsenenschutzrecht, GS 23-63c).
2 SRSZ 152.100.
3 Paras. 2 and 3 as amended on 17 June 2008.
4 Paras. 1 and 2 as amended on 17 June 2008.
5 Para. 1 as amended on 18 December 2012.
6 Paras. 1 and 2 as amended on 17 June 2008.
7 As amended on 17 June 2008.
8 Para. 2 as amended on 17 June 2008.
9 GS 11-254.
10 The amendment of 17 June 2008 entered into force on 1 July 2008 (Official Gazette 2008 1339) and the amendment of 18 December 2012 entered into force on 1 January 2013 (Official Gazette 2012 2958).