Regulation for the Application of the Organic Municipal Law (RALOC) (RALOC)

[3] The legal provisions governing the modification of municipal boundaries are

- the Law on Municipal Aggregations and Separations of December 16, 2003;

- the Law on Municipal Mergers and Separations of March 6, 1945;

- the Law on Official Surveying of November 8, 2005;

- the Law concerning the Boundaries of Municipalities, Circles, and Districts of June 25, 1803.

[3] Art. amended by R 11.11.2008; in force since 1.1.2009 - BU 2008, 640.

[4] 1 The municipal regulation establishes and lists the hamlets and districts.

2 The municipal regulation may provide for a hamlet or district organization, as well as a financial budget in favor of the relevant bodies with the modalities of use.

[4] Art. amended by R 24.1.2018; in force since 1.3.2018 - BU 2018, 46; previous amendment: BU 2008, 640.

1 The municipal seal, whose impression appears on official documents issued by municipal bodies, must meet the following requirements

- material: metal;

- shape: round or oval;

- diameter: 25 to 32 mm;

- wording: "Municipality of...";

- effigy: municipal coat of arms.

2 Municipalities are granted the faculty to confer, by means of regulation, official value also to duplicates made of different material.

3 The municipal regulation must likewise establish the graphic representation and the heraldic description of the coat of arms.

4 The municipal regulation may provide that the coats of arms belonging to former municipalities that became part of the Municipality as a result of aggregation belong to the latter. [6]

[6] Art. 4 intro. by R 24.1.2018; in force since 1.3.2018 - BU 2018, 46.

… [7]

[7] Art. repealed by R 27.2.2019; in force from 1.7.2019 - BU 2019, 82.

[8] 1 The municipal council annually informs the Assembly and the Municipal Council about the execution of municipal tasks through external public and private law bodies; the information is regularly provided within the framework of messages concerning the annual financial statements and according to the procedures outlined in the following paragraphs.

2 The municipal council briefly comments on the current management and budget items related to activities carried out through the bodies referred to in paragraph 1; it also attaches the reports, accounts, etc., transmitted by these bodies to the Municipality.

3 Considering the objectives of assigning the execution of the task to external bodies, if of particular interest to the Municipality, the municipal council provides information on

- activities carried out (main aspects, future prospects, resolution of open issues, etc.);

- corporate policy;

- financial performance of the external body (operating result, evolution of surplus, deficit, etc.);

- costs borne by the Municipality from the execution of the task (cost evolution, items with the greatest impact on overall costs, etc.);

- tariff policy applied by the external body directly to the Municipality's users.

4 The municipal council also responds to requests for information from the Legislative body, as well as according to the provisions of statutory norms or conventions.

5 Provisions of higher and special laws are reserved.

[8] Art. amended by R 11.11.2008; in force since 1.1.2009 - BU 2008, 640.

[10] 1 The municipal regulation establishes the decision-making delegations to the municipal executive council provided for by Art. 13 para. 2 of the law, taking into account the following criteria.

The same criteria serve as reference for sub-delegation from the municipal executive council to the services and officials of the administration and the municipal companies, as well as to the administrative commission of the latter: [11]

Competencies according to Art. 13 para. 1 lett. e), g), h), l) LOC

[10] Art. introduced by R 11.11.2008; in force from 1.1.2009 - BU 2008, 640.

[11] Para. amended by R 18.3.2026; in force from 1.5.2026 - BU 2026, 116; previous amendments: BU 2009, 374; BU 2019, 82.

1 In the event of the president's absence, they shall be substituted by a vice-president and, in the absence of the latter, by a teller.

2 The municipal regulations shall establish the operating procedures.

3 If there are multiple proposals for candidates for the designation of the president, these shall be put to a vote individually. The candidate with the highest number of votes is elected. If there is a tie, a second ballot shall be held immediately; in the event of a further tie, lots shall be drawn immediately. [14]

[14] Paragraph amended by R 25.5.2022; in force since 1.9.2022 - BU 2022, 136.

1 The secretary is responsible for the registration and drafting of the minutes.

2 For the drafting of the minutes, the use of technical means such as recorders, video terminals, etc., is permitted.

3 In these cases, the secretary is required to adopt the following measures

a) lock away tapes, disks, and similar items;

b) prevent third parties from accessing the recording, except in cases of dispute during the approval of the minutes;

c) delete the recording after the approval of the minutes by the legislative body has become legally binding. The municipal regulations may provide for the preservation of the recording for historical-archival purposes; in such a case, the methods of preservation must be regulated, taking into account the Law on Archiving and Public Archives of March 15, 2011. [16]

[16] Para. amended by R 22.1.2020; in force from 1.4.2020 - BU 2020, 21.

1 The municipal regulation must provide for the methods of publicity for the assembly.

2 It must particularly regulate

a) the participation of the public and information organs;

b) the use of devices for sound and image recording and reproduction.

1 Where there are multiple proposals, proceedings shall be conducted by successive ballots.

2 Ballots must take place by putting all proposals to a global vote, progressively eliminating, with subsequent ballots, the one that received the lowest number of affirmative votes. In case of a tie in the preliminary ballots, a draw shall be held. [18]

3 The proposal that received the highest number of consents shall be put to a final vote. In the context of adopting or amending municipal regulations, the final vote on individual articles may be substituted by the final vote on the entire text. [19]

[18] Par. amended by R 16.4.2013; in force since 19.4.2013 - BU 2013, 204.

[19] Par. amended by R 27.2.2019; in force since 1.7.2019 - BU 2019, 82.

[20] 1 The members of the legislative body present receive a ballot paper indicating the election, the number of candidates to be elected, the votes to be cast corresponding to the number of candidates to be elected, and the names of the candidates. They deposit the ballot paper in the ballot box.

2 The number of ballot papers distributed and the number of ballot papers returned shall be announced by the President upon the close of the scrutiny. If the number of returned ballot papers exceeds the number distributed, the scrutiny shall be declared void and must be repeated.

3 A ballot paper that shows votes for a number of candidates lower than the number of candidates to be elected is valid.

4 Ballot papers are void if they

a) are not official or are illegible;

b) bear marks of identification or contain expressions extraneous to the election;

c) bear more than one vote for the same candidate;

d) bear a vote for a person who is not among the candidates;

e) bear votes for a number of candidates exceeding the number to be elected.

5 The names of the proposed candidates must, as a rule, be communicated to the municipal chancery at least three days prior. [21]

[20] Art. introduced by R 20.6.2018; in force from 1.10.2018 - BU 2018, 255.

[21] Para. introduced by R 27.2.2019; in force from 1.7.2019 - BU 2019, 82.

[23] 1 Subject to what is established by law and municipal regulations, the municipal executive is the competent body to designate the Commission to which municipal messages are to be submitted for preliminary opinion.

2 Within 7 days of receiving the messages, the president of the management commission, having consulted the other members, informs the municipal executive and the president of the legislative body whether the commission intends to exercise the right to express an opinion pursuant to Art. 181 para. 3 let. b) LOC. [24]

[23] Art. modified by R 11.11.2008; in force since 1.1.2009 - BU 2008, 640; previous modification: BU 1999, 316.

[24] Para. modified by R 22.1.2020; in force since 1.4.2020 - BU 2020, 21.

[25] The 30-day term for municipal messages and the 7-day term for commission reports are calculated from the day following their transmission or deposit; the term is met if the legislative session is held on the thirtieth, respectively the seventh day.

[25] Art. introduced by R 25.5.2022; in force since 1.9.2022 - BU 2022, 136.

[27] 1 Messages and committee reports may be consulted by citizens and other interested persons during the chancellery's opening hours, from the dismissal of the messages until the legislative decision becomes final.

2 The State Information and Transparency Act of March 15, 2011, is reserved.

[27] Art. amended by R 5.9.2012; in force since 1.1.2013 - BU 2012, 440; previous amendment: BU 1999, 316.

[29] 1 Citizens in municipalities operating under a communal assembly system and municipal councillors may provide an electronic address and request that notices of convocation, municipal messages, commission reports, and minutes of legislative meetings be sent to them in electronic format; the municipality may also adopt an electronic management system for the transmission of said documents. [30]

2 In any case, the confidentiality, security, and integrity of the data must be guaranteed.

[29] Art. amended by R 27.2.2019; in force since 1.7.2019 - BU 2019, 82; previous amendments: BU 2008, 640; BU 2012, 440; BU 2015, 316.

[30] Sub-para. amended by R 25.5.2022; in force since 1.9.2022 - BU 2022, 136.

[31] If committee meetings are held via videoconference or members are authorized to participate in this form, the commissioners shall sign a commitment to confidentiality and to the integrity of the discussions, in compliance with Art. 104 LOC.

[31] Art. introduced by R 5.7.2023; in force since 1.9.2023 - BU 2023, 262.

[32] The municipal council is the competent body for requesting, by municipal message, discussion and deliberation on a matter according to the urgent procedure.

[32] Art. reintroduced by R 25.5.2022; in force since 1.9.2022 - BU 2022, 136; previous amendment: BU 1999, 316.

Minority relationships are subject to the same rules applicable to commission relationships.

[34] 1 Interpellations may be submitted on all matters of municipal interest that fall within the scope of the legislative body's oversight.

2 Excluded are matters for which decision-making powers are expressly delegated to the municipal executive by special laws and whose oversight belongs to other authorities.

[34] Art. amended by R 11.11.2008; in force from 1.1.2009 - BU 2008, 640.

[35] 1 An amendment proposal is an alternative proposal to the municipal one, meaning a proposal submitted during a commission report or a legislative session, with content significantly or limitedly divergent from the municipal proposal.

2 Proposals for substantial modification are those that significantly alter the framework of the municipal proposal. Proposals for marginal modification are those that do not affect or affect only limitedly the content of the municipal proposal.

[35] Art. introduced by R 14.12.1999; in force since 1.1.2000 - BU 1999, 316.

[37] 1 The resignation or relinquishment of office by municipal councillors, to be submitted in writing and justified to the municipal executive, requires the prior notice of the competent commission.

2 They must form the subject of a specific agenda item on which the municipal council pronounces.

3 ...

4 A change of domicile, death, and cases of subsequent incompatibility are not subject to the procedures of the preceding paragraphs.

[37] Art. modified by R 11.11.2008; in force since 1.1.2009 - BU 2008, 640.

[38] If a group proposes more candidates than the seats it is entitled to, the proposals are put to the vote individually. The candidate with the highest number of votes is elected. In case of a tie, a second ballot is immediately held; in case of a further tie, a draw is immediately conducted.

[38] Art. reintroduced by R 25.5.2022; in force since 1.9.2022 - BU 2022, 136; previous amendment: BU 1999, 316.

[40] 1 Motions submitted in writing under the agenda item "motions and interpellations" must be immediately referred by the municipal council to a permanent or special commission and simultaneously transmitted to the municipal executive.

1bis If the commission agrees with the municipal executive's preliminary opinion of inadmissibility according to Art. 67 para. 2 lit. a) LOC and the mover does not withdraw the motion, the item may be placed on the agenda of the next municipal council meeting. [41]

2 The municipal executive must comment on the commission's report referred to in Art. 67 para. 5 LOC within two months and, as a rule, place the item on the agenda for the next municipal council meeting.

3 The municipal council may accept a proposal to amend the motion if it is contained in the commission's report in accordance with Art. 67 para. 5 LOC and if the mover agrees to it. [42]

4 Motions pending at the beginning of a legislative term lapse if the mover is no longer in office; this is subject to the case where the motions are taken up at the beginning of the legislative term by municipal councillors currently in office. [43]

[40] Art. amended by R 14.12.1999; in force since 1.1.2000 - BU 1999, 316.

[41] Para. introduced by R 18.3.2026; in force since 1.5.2026 - BU 2026, 116.

[42] Para. introduced by R 25.5.2022; in force since 1.9.2022 - BU 2022, 136.

[43] Para. introduced by R 18.3.2026; in force since 1.5.2026 - BU 2026, 116.

1 The departments are established and assigned by the municipal council at the beginning of each four-year term. These correspond, as a rule, to the categories indicated in the chart of accounts.

2 ... [44]

[44] Paragraph repealed by R of 11.11.2008; in force since 1.1.2009 - BU 2008, 640; previous amendment: BU 1999, 316.

[45] 1 Members of the municipal executive, if an electronic document management system is implemented for the preparation and conduct of municipal executive meetings, shall sign an undertaking for its use in conformity with Art. 104 LOC.

2 An undertaking of confidentiality and integrity of discussions in compliance with Art. 104 LOC must also be signed if municipal executive meetings are held by videoconference or if members of the municipal executive are authorized to participate in this form.

[45] Art. amended by R 5.7.2023; in force from 1.9.2023 – BU 2023, 262; previous amendment: BU 2014, 300.

1. Voting takes place openly by show of hands or by roll call; municipal councilors may not abstain.

2. Upon request by even a single municipal councilor, appointments falling within their purview must be conducted by secret ballot.

3. In the case of a secret ballot, a municipal councilor may not cast a blank vote. Should this occur repeatedly, the appointment remains suspended, and the mayor is obliged to report the transgression to the supervisory authority.

4. Once a voting system has been chosen, it cannot be abandoned until the matter at hand has been exhausted.

[46] 1 The verbalization of municipal resolutions must take place in a specific book or register.

2 A register is understood as a book with fixed or numbered pages to be classified.

3 The use of IT means is permitted for drafting the minutes.

[46] Art. amended by R 14.12.1999; in force since 1.1.2000 - BU 1999, 316.

1 Extracts of municipal resolutions, those of the assembly or the municipal council, are issued by the municipality in conformity with the provisions resulting from the minutes, with mention of those present and the outcome of the vote.

2 The municipality is also authorized to supplement the extract with an indication, in essential terms, of the grounds.

[48] 1 The municipal council guarantees, through a responsible person, the orderly preservation of documents concerning the administration of the municipality (registers, minutes, contracts and agreements, messages and reports, correspondence, etc.).

2 The Law on Archiving and Public Archives of 15 March 2011 is also reserved.

[48] Art. amended by R 16.4.2013; in force since 19.4.2013 - BU 2013, 204; previous amendment: BU 2008, 640.

[50] Subject to higher laws and delegated powers, the municipal council specifically has the authority to adopt measures: [51]

- for the maintenance of public order, peace, and safety (in cases of disturbances, disturbing noises, violations of holiday and nocturnal peace, pollution, etc.);

- to repress manifestly illicit actions;

- for the repression of animal cruelty, etc.;

- for the protection of crops, the proper management of forests, and stray grazing;

- to address dangers threatening the community such as floods, fires, landslides, avalanches, pollution, etc.

[50] Art. modified by R 11.11.2008; in force since 1.1.2009 - BU 2008, 640.

[51] Phrase modified by R 27.2.2019; in force since 1.7.2019 - BU 2019, 82.

[53] Subject to higher laws and delegated powers, the municipal executive, in particular, has the authority to adopt measures: [54]

- for the protection of public health and hygiene (uninhabitability, deposits of manure and refuse, urban cleanliness, etc.);

- for the control of festivals, fairs and markets, public establishments and the trade of foodstuffs;

- for the construction and maintenance of water pipes and sewers, for the emptying of cesspools, etc.;

- for the surveillance and maintenance of cemeteries;

- for the repression, on legally recognized public holidays, of the execution of work or weekday tasks.

[53] Art. amended by R 11.11.2008; in force since 1.1.2009 - BU 2008, 640.

[54] Phrase amended by R 27.2.2019; in force since 1.7.2019 - BU 2019, 82.

[56] Subject to higher laws and delegated powers, in particular the municipal council has the authority to adopt measures: [57]

- to ensure the good preservation and improvement of municipal roads, public structures and buildings;

- to guarantee the free disposal of municipal property by preventing any obstruction or impediment of public streets and squares;

- to ensure the free transit of persons and animals or to prohibit or limit it if circumstances justify it;

- to eliminate dangers arising from dilapidated constructions or other works and to prevent the disfigurement of the aesthetics and beauty of the inhabited area;

- to regulate carriage and snow removal.

[56] Art. amended by R 11.11.2008; in force since 1.1.2009 - BU 2008, 640.

[57] Phrase amended by R 27.2.2019; in force since 1.7.2019 - BU 2019, 82.

[59] Subject to higher laws and delegated competences, in particular the municipality has the power to adopt measures: [60]

- to regulate the stable or temporary occupation of public areas;

- to regulate projections onto public areas, posters, illuminated advertising, and generally advertising displays;

- to regulate the increased and exclusive use of commercial or other activities that take place on public streets and squares.

[59] Art. amended by R 11.11.2008; in force since 1.1.2009 - BU 2008, 640.

[60] Phrase amended by R 27.2.2019; in force since 1.7.2019 - BU 2019, 82.

[61] 1 Information to the population on municipal issues of particular interest may be provided by the municipality, namely through bulletins, circulars, press conferences, debates, and communiqués.

2 The State Law on Information and Transparency of 15 March 2011 is also reserved.

[61] Art. amended by R 16.4.2013; in force since 19.4.2013 - BU 2013, 204.

1. The Municipal Council shall determine by ordinance the amount of chancellery fees, taking into account the principle of proportionality. [62]

b) Exceptions [63]

2. For fees and disbursements relating to marriage ceremonies and the registration of domestic partnerships at the municipalities, as well as for those relating to cadastral transfers and the drafting of public deeds by the secretary, the provisions of special laws shall apply. [64]

[62] Para. amended by R 24.1.2018; in force since 1.3.2018 - BU 2018, 46.

[63] Marginal note amended by R 24.1.2018; in force since 1.3.2018 - BU 2018, 46.

[64] Para. amended by R 24.1.2018; in force since 1.3.2018 - BU 2018, 46.

Subject to cases provided for by law, the mayor's power to represent the municipality is exercised in compliance with Article 90, paragraph 4.

... [65]

[65] Article repealed by R 14.12.1999; in force from 1.1.2000 - BU 1999, 316.

[67] For municipal employees, this means those of the municipality, municipal companies, and teachers of municipal schools.

[67] Art. modified by R 27.2.2019; in force since 1.7.2019 - BU 2019, 82.

1. The municipal expert cannot carry out their function if they are in a conflict of interest pursuant to Art. 100 of the law.

2. Should this circumstance arise, as well as in the event of other types of impediment, the municipality shall provide, on a case-by-case basis, for the appointment of an extraordinary expert.

1 The obligation of official secrecy applies to all employees of the municipality and its companies, including auxiliary and commissioned personnel.

2 In particular, employees are obliged not to communicate to third parties facts and documents of which they have become aware in the exercise of their functions and which must remain secret by their nature or the circumstances, or by virtue of special provisions or instructions.

1 The placement of an employee in a provisional situation is pronounced by the municipality when, despite the justification for dismissal, there are meritorious reasons to keep the employee in service.

2 The decision must indicate the duration of the measure and has the effect of removing the employee's employment guarantee for the duration of the term.

3 The municipality may terminate the provisional service relationship with three months' notice.

1 The temporary deputizing of the municipal secretary by a member of the municipal council or another person does not entail the assumption of the specific competencies of the secretary.

2 The municipal regulations may discipline differently the deputizing and the attribution of competencies.

In the event of a change of municipal secretary, a municipal delegation receives from the outgoing secretary and delivers to the new secretary the municipal archive and stationery.

[69] 1 The Local Authorities Section assumes the strategic direction and coordination of the basic and continuing education of municipal secretaries.

2 The attainment of the cantonal diploma in accordance with Art. 142 of the LOC, which qualifies for the exercise of the office of municipal secretary, as well as the continuing education of municipal secretaries, are governed by the regulation on the basic and continuing professional education of Municipal Secretaries of 28 October 2009.

3 The municipal councils cooperate in achieving the training objectives by the secretaries.

4 The Institute for Continuing Education maintains a database on attendance of training modules within its competence and transmits them to the Local Authorities Section. In cases of repeated failure to meet the minimum training requirements by a municipal secretary, the Local Authorities Section informs the municipal councils.

[69] Art. amended by R 17.5.2023; in force from 1.9.2023 – BU 2023, 176; previous amendments: BU 1994, 423; BU 1999, 316; BU 2008, 640 and 695; BU 2009, 559; BU 2020, 21.

… [70]

[70] Art. repealed by R 27.2.2019; in force since 1.7.2019 - BU 2019, 82; previous amendment: BU 1999, 316.

[73] 1 The municipal regulations must mandatorily contain

a) the name of the municipality, the number and denomination of its districts (frazioni) and other subdivisions (Art. 3 and 4 LOC);

b) the territorial limits of the districts (frazioni) and other subdivisions (Art. 2 RALOC);

c) the graphic representation and heraldic description of the coat of arms (Art. 8 LOC and 3 RALOC);

d) the organs of the municipality, the number of municipal council members, their deputies, and the general council members (Art. 9, 42 and 81 LOC);

e) ...;

f) the procedures for the substitution of members of the presidential office (Art. 6 RALOC);

g) the procedures for the public access to the municipal assembly or council (Art. 26 and 55 LOC and 8 RALOC);

h) the time limits for citizen interventions (Art. 28 para. 2 LOC);

i) the voting system for matters concerning the granting of municipal citizenship (Art. 60 para. 3 LOC); [74]

l) the number of members and their deputies, the powers, the forms of convocation and functioning of the management committee and other permanent committees (Art. 34 and 68 para. 3 LOC);

m) the procedures for approving the minutes of the municipal council regarding the summary of discussions with voting declarations (Art. 62 para. 3 LOC);

n) the denomination of mandatory and optional municipal committees and delegations, regulating their competences and functioning (Art. 91 LOC);

o) the taxes and fees in matters of local police (Art. 107 para. 4 LOC);

p) ...;

q) the total annual amount of new current expenditures not included in the budget that may be incurred by the municipal executive, taking into account the criteria of Art. 5a (Art. 170 para. 3 LOC); [75]

r) the indemnities for services and interventions of the municipality requested by private individuals (Art. 116 para. 2 LOC);

s) the remuneration and expense reimbursement for municipal executive members (Art. 117 LOC); [76]

t) the legal basis for residual databases not regulated by sectoral law; [77]

u) the functions and salary grades of municipal employees and those of its enterprises, their obligations and service duties, the requirements for hiring, the time limit beyond which appointments require a public competition, social benefits, indemnities, the provision of sureties, and finally, the methods for data processing for personnel and salary management; the delegation to the municipal executive for regulation through ordinance of functions, relevant requirements, and classifications is reserved (Art. 126, 135 LOC); [78]

v) the designation of employees authorized to collect cash and those with the right of collective signature with the mayor or deputy mayor for account-related operations (Art. 110 para. 3 LOC). [79]

2 The matters referred to in letters o), r) and u) may be regulated by a special regulation, provided that the municipal regulations make mention of it.

---

[73] Art. amended by R 24.1.2018; in force since 1.3.2018 - BU 2018, 46; previous amendments: BU 1999, 316; BU 2008, 640.

[74] Lett. amended by R 27.2.2019; in force since 1.7.2019 - BU 2019, 82.

[75] Lett. amended by R 22.1.2020; in force since 1.4.2020 - BU 2020, 21.

[76] Lett. amended by R 27.2.2019; in force since 1.7.2019 - BU 2019, 82.

[77] Lett. amended by R 27.2.2019; in force since 1.7.2019 - BU 2019, 82.

[78] Lett. amended by R 27.2.2019; in force since 1.7.2019 - BU 2019, 82.

[79] Lett. amended by R 22.1.2020; in force since 1.4.2020 - BU 2020, 21.

[81] The municipal regulations may contain

a) the power to confer official value on duplicates of the municipal seal made from different material (Art. 3 para. 3 RALOC);

b) the delegation of municipal decision-making powers that the law does not mandatorily assign to the municipal executive and of powers relating to current management expenses, to the administrative services and to the administrative commissions of municipal enterprises (Art. 9 para. 4 LOC); [82]

c) the delegation to the municipal executive and the sub-delegation to the administration of the powers referred to in Art. 13 para. 1 letters e), g), h) and l) LOC and for the agreements referred to in Art. 193a LOC, with regard to the criteria of Art. 5a (Art. 13 para. 2 LOC); [83]

d) the procedures for the minutes and approval of the summary of the discussions of the municipal assembly (Art. 25 para. 2 LOC);

e) ...;

f) the cases for which the voting system is prescribed (Art. 29 para. 3 LOC);

g) the institution of the interpellanza (question) for municipalities with a municipal council, regulating its procedures (Art. 65 LOC);

h) the form and procedures for submitting interpellations (Art. 66 para. 2 LOC);

i) the number of substitutes for the permanent commissions of the municipal council, regulating their participation (Art. 34, 68 para. 3 LOC);

l) the other permanent commissions (Art. 13 lett. q) and 68 para. 1 LOC);

m) the specific tasks to be assigned to the management commission (Art. 72 para. 2 LOC);

n) the procedures for regulating the substitution of the municipal secretary (Art. 35 para. 2 RALOC);

o) …; [84]

p) the exceptional cases in which citizens may be obliged by the municipal executive to provide, even gratuitously, days of work (Art. 109 para. 3 LOC); [85]

q) the reimbursement of representation expenses to members of the municipal executive (Art. 117 LOC) and further allowances to members of municipal bodies; [86]

r) the delegation to the administration in contravention matters (Art. 147, 148 LOC). [87]

[81] Art. amended by R 11.11.2008; in force since 1.1.2009 - BU 2008, 640; previous amendment: BU 1999, 316.

[82] Lett. amended by R 27.2.2019; in force since 1.7.2019 - BU 2019, 82.

[83] Lett. amended by R 22.1.2020; in force since 1.4.2020 - BU 2020, 21.

[84] Lett. repealed by R 22.1.2020; in force since 1.4.2020 - BU 2020, 21.

[85] Lett. amended by R 22.1.2020; in force since 1.4.2020 - BU 2020, 21.

[86] Lett. amended by R 27.2.2019; in force since 1.7.2019 - BU 2019, 82.

[87] Lett. introduced by R 24.1.2018; in force since 1.3.2018 - BU 2018, 46.

The display of municipal regulations takes place at the municipal chancery following notice on the official notice board. Citizens may inspect them during the opening hours of the chancery.

[88] 1 As a rule, the municipal assembly or municipal council determines the effective date of municipal regulations, subject to the approval of the Superior Authority.

2 They have the power to delegate to the municipal executive the authority to determine such date.

[88] Art. amended by R 11.11.2008; in force since 1.1.2009 - BU 2008, 640.

1 The municipal council regulates the distribution of municipal ordinances by ordinance.

2 The municipal council has the right to provide for the collection of a fee to cover expenses.

Municipal ordinances may be challenged by way of appeal both during the period of publication and in every case of application.

[89] 1 The Municipal Assembly and the Municipal Council may delegate the implementation of their resolutions to external entities according to Art. 13 para. 1 lit. e/g and 175 LOC, which are not restrictively attributed to the Municipality by law. The recipients of the delegation are public bodies or private entities with public ownership, whose interests are affected by the subject of the resolution.

2 The delegation instrument shall include contents such as

a) the subject of the delegation, methods and terms of implementation, and any consideration;

b) information and control modalities in favour of the Municipality to ensure compliance with the legislative’s resolution;

c) procedures to be followed in case of prospects for project and financial changes, with a competence clause in favour of the municipal legislative body for decisions in this regard;

d) the obligation to comply with the Public Procurement Act of 20 February 2001 and other laws specifically applicable to the subject matter during implementation.

3 Compliance with the provisions of special laws, the competence procedures of the municipalities, and Art. 174, 176, and 193a and b LOC is reserved.

[89] Art. introduced by R 5.7.2023; in force since 1.9.2023 - BU 2023, 262.

The Department of Institutions is the Department responsible for the application of the law and its related implementing provisions.

... [91]

[91] Art. abrogated by Reg. 14.12.1999; in force since 1.1.2000 - BU 1999, 316.

[93] **1 The Local Authorities Section is the service of the Department of Institutions with the task of:**

a) supervising the administration of the municipalities and proposing to the Council of State the provisions and measures within its competence;

b) inspecting the administration of the municipalities as necessary and informing the Department of its findings;

c) providing advice and collaboration to the municipal authorities;

d) issuing directives to the municipalities for the application of federal and cantonal laws concerning them;

e) ...; [94]

f) providing, upon request, an opinion to the cantonal authorities.

**2 It is also informed of every measure of the cantonal administration concerning the municipalities.**

[93] Art. amended by R 14.12.1999; in force since 1.1.2000 - BU 1999, 316.

[94] Subpara. repealed by R 11.11.2008; in force since 1.1.2009 - BU 2008, 640; previous amendment: BU 1999, 316.

1 Citizens and individuals are entitled to report evidence of maladministration to the supervisory authority. [96]

2 The complaint must be submitted in the form of a request for intervention.

[96] Par. amended by R 11.11.2008; in force since 1.1.2009 - BU 2008, 640.

… [97]

[97] Article repealed by R 30.11.2016; in force from 1.1.2017 - BU 2016, 499; previous amendments: BU 1999, 316; BU 2008, 640.

[98] 1 The failure to approve the municipal accounts must be reported by the municipal executive to the Council of State with a specific report accompanied by

- the municipal message;

- the report of the management committee;

- an excerpt from the legislative body's minutes.

2 An analogous procedure must be observed in the event of failure to approve one or more parts of the accounts or in the case of credit overruns.

[98] Art. modified by R 14.12.1999; in force since 1.1.2000 - BU 1999, 316.

[99] Municipal enterprises under previous law and their respective regulations must be adapted to the provisions of Articles 192b-192e of the law by December 31, 2021.

[99] Art. introduced by R 27.2.2019; in force since 1.7.2019 - BU 2019, 82.

This Regulation shall be published in the Official Bulletin of Laws and Executive Decrees and shall enter into force [100] from the date of publication.

Published in OB 1987, 206.

[100] Entry into force: July 7, 1987 – OB 1987, 206.