Act on Public Liability (Liability Act) (Verantwortlichkeitsgesetz) - Scope

1. The State, the municipalities, the organizations of cantonal public law with their own legal personality, and the persons entrusted with public duties by these communities, whether they are authority members, employees, whether they are full-time, part-time, permanent or temporary, are subject to the provisions of this law.

2. The special provisions of their organizational laws apply to the cantonal bank and the cantonal electricity works.

1. In the following provisions, "State" shall refer to all entities mentioned in § 1 Paragraph 1, and "persons entrusted with public duties" shall refer to all individuals mentioned therein.

1. ...

2. The liability of the state and individuals entrusted with public duties for official acts may be regulated by the Grand Council in a manner differing from this law through inter-cantonal agreements.

3. For claims of responsibility under Article 454 of the Swiss Civil Code (ZGB), § 11d of the Introductory Act to the Swiss Civil Code (EG ZGB) applies.

1. The State is liable for the damage caused to a third party when a person entrusted with public responsibilities infringes upon their rights in the performance of official duties.

2. The State is only liable for damage arising from incorrect information in cases of intent or gross negligence.

3. If an order, decision, or judgment is altered in an appeal or supervisory procedure, the State is only liable for the intent of a lower instance.

1. The state is liable for damage caused to a third party by the lawful activities of the state, to the extent that such liability is prescribed by law.

2. However, if an individual or a limited group of third parties suffers disproportionately severe damage due to state intervention measures, the state is equitably obliged to provide compensation. This obligation is reduced in part or in whole if the injured party has caused the state intervention measure or the occurrence or worsening of the damage.

1. Anyone who is injured in their personal circumstances as defined in § 4 paragraph 1, has, in the case of fault by the liable party, a claim against the state for damages and, where the particular gravity of the injury and fault justifies it, for compensation for pain and suffering.

1. If a person serving multiple public entities has caused damage, these entities are jointly and severally liable if the official function cannot be exclusively attributed to one entity.

2. The involved public entities shall bear the damage in proportion to their interest in the official function.

1. Claims against the state shall be time-barred after one year from the knowledge of the damage and the liable public entity, but in any case, after ten years.

1. The liable person is responsible for the damage they cause to the State through intentional or grossly negligent breach of duty.

2. If the State is required to compensate a third party on the basis of this or another law, it has the right of recourse against the liable person who caused the damage intentionally or through gross negligence.

3. The liability of the liable person continues after the termination of the employment relationship or in the event of non-re-election.

4. If multiple persons have jointly caused the damage, they are liable proportionately according to the degree of fault.

5. Minutes of authorities must list the members present. Each member is entitled to declare on record that they did not agree to a resolution.

1. Compensation and Recourse Claims against Persons Entrusted with Public Duties

Compensation and recourse claims against persons entrusted with public duties may be set off against salary and other claims, insofar as they are subject to garnishment.

1. Claims of the state against a person entrusted with public duties become statute-barred one year after the acknowledgment or judicial determination of liability, but in any event after ten years.

1. The Administrative Court adjudicates

1. * Claims of third parties under this law

2. * Claims of the state against individuals entrusted with public duties

3. * Claims of individuals entrusted with public duties against the state.

2. The Superior Court adjudicates

1. * Claims of third parties against the state, which are based on the actions of the Administrative Court

2. * Claims of the state against members and employees of the Administrative Court.

3. The provisions concerning administrative legal action apply to the procedure.

4. The operative parts of binding orders, decisions, and judgments are binding for both the Administrative and Superior Courts in their adjudication.

1. To the extent that this section does not provide its own regulation, the provisions of the Swiss Code of Obligations (CO) shall apply.

1. For the criminal prosecution of persons entrusted with public duties, the provisions of federal as well as cantonal criminal and criminal procedure law are decisive.

1. The prosecution of members of the Grand Council, the Government Council, the Supreme Court, and the Administrative Court for criminal acts related to their official activities requires authorization from the Grand Council.

2. Without the approval of the Grand Council, no member may be arrested from the council sessions.

1. If individuals elected by the people, the Grand Council, or another authority for a fixed term of office intentionally or negligently violate their official duties, they shall be held disciplinarily accountable.

2. Municipalities may provide different provisions for individuals elected for a fixed term of office.

3. Property-related and criminal liability are not affected by a disciplinary measure.

1. The disciplinary authority is the authority responsible for overseeing the affected person.

2. If there is a dispute regarding which authority has jurisdiction, the decision shall be made by

1. * the Government Council for administrative matters

2. * the Higher Court for courts and conciliation authorities in civil and criminal justice, as well as child and adult protection authorities

3. * the Administrative Court for appeal commissions and expropriation commissions.

1. Disciplinary Measures Are

1. Reprimand;

2. Temporary Reduction of Salary;

3. Disciplinary Dismissal.

2. They May Be Combined.

3. The Nature and Extent of the Measure Are to Be Determined Based on the Fault of the Offender. The Motives, Personal Circumstances, Previous Conduct, and the Breached Official Interest Must Be Taken into Consideration.

1. Disciplinary proceedings may be initiated ex officio, on the basis of a complaint, or at the request of the individual involved. The initiation occurs by formal decision of the disciplinary authority, which must be communicated to the official. In minor cases, the initiation of proceedings may be waived.

2. The disciplinary authority or its delegates are required to clarify the facts of the case ex officio and gather all evidence that is of significance.

3. The official must be informed of the allegations against them and given an opportunity to respond. They may engage legal counsel.

4. The proceedings must be concluded by a decision of the disciplinary authority. This decision must be delivered in writing and include the factual findings, the reasons for the decision, the decision itself, and information on available legal remedies. Costs may be imposed in whole or in part on the culpable official.

5. If no disciplinary infraction is found and the official has suffered significant disadvantages through no fault of their own due to the proceedings, they are entitled to compensation from the state, and in particularly severe cases, to reparation.

1. If necessary, the culpable person may be provisionally suspended from their position and their salary wholly or partially withheld before the conclusion of the proceedings.

2. The decision must be justified and communicated in writing. It is independently subject to appeal.

1. Disciplinary offences become time-barred five years after their commission. If criminal law provides for a longer limitation period, that period shall apply.

2. The provisions of the Swiss Criminal Code (SCC) apply by analogy to the commencement, suspension, and interruption of the limitation period.

1. All provisions that conflict with this law are hereby repealed, in particular: [6]

1. Damages caused before the enactment of this law shall be assessed according to the new law, provided that they have not been resolved and the event causing the damage occurred no more than five years ago.

1. This law shall enter into force at a time determined by the Government Council, following approval by the people and approval of Section 12, Paragraph 2 by the Federal Councils.