CH-TI
**Art. 1 LOP Organic Law on the Patriciate (OLP)** (LOP)
Table of Provisions (170)
Statutory Text (170 Articles)
1. The patriciate is a public law corporation, autonomous within the limits established by the Constitution and laws, owning common use assets to be preserved and utilized with a spirit of neighborliness for the benefit of the community.
2. Public law corporations that own common use assets and have carried out and continue to carry out activities of public interest recognized by the Council of State are also considered to be patriciates.
3. General patriciates, corporations, "degagne" (local alpine communities), and "vicinati" (neighborhoods) are considered analogously, provided they meet the requirements of the preceding paragraphs.
4. The patriciate, taking into account its own resources, collaborates with the Canton and the municipalities in the management and maintenance of the territory and its assets; special laws are reserved. [2]
[2] Para. introduced by L 13.2.2012; in force from 1.1.2013 - BU 2012, 151.
The patriciate regulations establish and govern the existence of other bodies or any internal subdivisions, with their respective rights and obligations.
1 Every patriciate according to Art. 1 must be recognized by the Council of State.
2 Such recognition has a declaratory effect.
3 An appeal against the decree of the Council of State may be lodged with the Grand Council, whose decision may be challenged before the Cantonal Administrative Court within a period of 30 days. [3]
[3] Para. modified by Law of 2.12.2008, in force since 27.1.2009 - BU 2009, 22.
1 The composition of assets owned by the patriciate or patrizial bodies may be altered solely according to the provisions of the law.
2 The enjoyment of assets must occur jointly by patricians and non-patricians within the limits established by law.
1 Patrician assets are divided into administrative assets and patrimonial assets.
2 Administrative assets are assets that serve for the fulfillment of public law duties. These notably include forests, alpine pastures, spring pastures, meadows, grazing lands, quarries, patrician houses and other buildings for public use, uncultivated lands, archives and other cultural assets, roads and access routes, aqueducts, cable cars, sports or leisure facilities, torrent and avalanche protection works for land consolidation.
3 Patrimonial assets are assets devoid of a direct public purpose. These notably include movable assets, such as capital, cash, and credits, as well as buildings used under private law (lease, rent) or through the concession of a special right of enjoyment.
4 The patrician office keeps an inventory of assets owned by the patriciate, as well as of assets and capital entrusted to its administration and subject to its supervision.
5 The implementing regulation sets out the rules for the execution of this article.
For the purpose for which they are intended, administrative assets are divided into
a) assets primarily intended for the exercise of agricultural activity, consisting of usufructuary or primary assets such as woods, alps, mountain pastures, meadows, pastures with the related rights to graze, cut wood, gather litter, established by the patriciate's regulations;
b) assets also intended for social use such as woods, pasture land and others on the plain and in the mountains with their access roads and related protection works and any infrastructures such as aqueducts and cableways;
c) buildings;
d) torrent protection and prevention works and avalanche protection works, and land consolidation works;
e) sports facilities;
f) quarries;
g) cultural assets such as the archive.
1 The patriciate is tasked with organizing the sound governance of patrician assets, guaranteeing public use, and promoting local traditions.
2 In particular
a) to oversee the conservation, improvement, and rational management of forests and agricultural assets;
b) to ensure the sound governance of assets also intended for social use and to promote the realization of new works such as the improvement or creation of road or pedestrian accesses, resting areas, parking spaces, facilities for leisure and sport, and, subordinately, construction for residential purposes;
c) to ensure the efficiency of public use facilities and to promote new ones;
d) to promote the creation, either independently or with other entities, of specialized bodies and teams for the care of pastures and forests, for logging or timber trading;
e) to ensure and regulate the exercise of the right to gather firewood, forest litter, and graze in patrician forests, also providing for the extinguishment of such rights if they are no longer exercised;
f) to redeem any rights of pasture, pre-pasture, and post-pasture, and generally usufructuary rights over patrician assets;
g) to integrate patrician forest and pasture areas through the acquisition of abandoned areas, or areas about to be abandoned, in the lowlands and in the mountains;
h) to enhance cultural assets.
1 Administrative assets are inalienable.
2 Patrimonial assets may be alienated to amortize debts, to finance public utility works, or when the alienation is made in the general interest of the community and is not otherwise prejudicial to the interests of the patriciate.
3 Article 20 paragraph 2 is reserved.
4 The exchange of land, the alienation of dismembered land parcels, the cession of property for boundary rectification, or for land improvement purposes, which have no foreseeable utility, are authorized.
5 The assignment for enjoyment of forest parcels (quadrelle) is prohibited in any case.
1 Every alienation of real property becomes effective upon ratification by the State Council.
2 The State Council applies a judgment fee ranging from CHF 100.– to CHF 2000.– when deciding on the ratification. The operative part of the ratification resolution must be published on the communal register of the patriciate. [4]
[4] Para. amended by Law of 13.3.2019; in force since 1.9.2019 - BU 2019, 190; previous amendment: BU 2016, 443.
1 The Municipality in whose jurisdiction land owned by a patriciate is located, or subsidiarily the Canton, shall have, in the event of sale to private individuals, a right of pre-emption over such land when it is intended for public purposes.
2 The Council of State may delegate the Canton's right of pre-emption to another Municipality or to a consortium of interested Municipalities.
3 The modalities, limits, and exercise of the right of pre-emption shall be established in the implementing regulations of the law.
1 The Municipality has the right to redeem, having demonstrated the necessity of public utility, or in the event of insufficient management, the non-agricultural infrastructures owned by the patrician corporation.
2 The indemnity is calculated on the construction value at the time of redemption, less depreciation for obsolescence.
3 Voluntary transfers under other conditions remain reserved.
1. Alienations, leases, and rentals of property belonging to the patriciate must be conducted through public tender.
2. The tender must be open to anyone and announced on the official bulletin board for a period of at least fifteen consecutive days.
3. The patriciate's regulations shall determine the sum above which the tender must also be published in the Cantonal Official Gazette.
1 When no detriment can arise to the patriciate and when the general interest justifies it, the Department may
a) exempt the patriciate from the obligation of public tender;
b) grant specifically that alienation, lease, and tenancy be made by auction or private negotiation.
2 The provisions of special laws are reserved.
3 The Department applies a court fee ranging from CHF 100.– to CHF 2000.– in the decision-making process concerning ratification. [5]
[5] Para. introduced by Law of 20.9.2016; in force since 1.1.2017 - BU 2016, 443.
1 The award must be made to the highest bidder, subject to paragraphs 2 and 3.
2 Only in extraordinary cases, when the best offer does not present, in the judgment of the Patrizial Office, sufficient guarantees, the award may be made to another competitor.
3 When none of the offers present sufficient guarantees, or when the prices offered are manifestly disadvantageous to the Patrizial community, the Patrizial Office may decide to reopen the competition.
The implementing regulation of the law establishes the procedure for public competitions and awards.
1 Administrative assets cannot be pledged.
2 Private assets can be pledged within the limits permitted by Articles 173, 174 and 175 of the Swiss Civil Code Application and Complementary Law.
1 The patriciate may provide guarantees or grant loans in favor of public bodies or local associations of public interest.
2 The Council of State may grant authorization also in favor of private individuals when the interest of the patriciate is evident.
[6] Assets owned by the patriciate cannot be used for speculative purposes.
[6] Art. reintroduced by Law 13.2.2012; in force since 1.1.2013 – BU 2014, 227; previous amendment: BU 2012, 151.
… [7]
[7] Article repealed by Law of 13.2.2012; in force from 1.1.2013 - BU 2014, 227; previous amendment: BU 2002, 444.
1 If the current management of the annual budget closes with a deficit, the assembly, respectively the Patrician Council, shall decide on medium-term coverage
a) primarily by drawing on the available reserve in the balance sheet;
b) secondarily by levying a tax on each patrician household ("fuoco patriziale"). The tax corresponds to the uncovered need divided equally among the households. The Patriciate's regulations shall determine whether the tax may be paid, in whole or in part, in the form of communal work.
2 Only in extraordinary cases may patrimonial assets be alienated to cover current budget needs, provided that the interests of the community are safeguarded.
1 The patriciate may provide in its regulations for the introduction of common labour in the form of work performance for the conservation or better utilization of its assets.
2 The regulations of the patriciate must provide for the payment of the corresponding fee if the performance is not rendered.
1 The patriciate is obliged to transfer a maximum of 10% of the net income from each timber cutting to its forestry reserve fund.
2 The proceeds of the forestry reserve fund are to be used specifically for the execution of forestry works.
3 The implementing regulation of the law establishes the rules for the constitution, control, and use of this fund.
The patrician families are exempt from real estate tax, wealth tax, and income tax, with the exception of their forestry enterprises.
For works intended also for social use as per Art. 6 lit. b), the Canton may exceptionally grant additional subsidies for residual costs, in addition to the usual subsidies, the financing from the municipality, and from third parties.
The patriciate may request the Council of State to establish a consortium in accordance with Art. 36 when it faces significant expenses for the execution, restoration, or maintenance of works or infrastructures used predominantly for social or collective non-agricultural or non-forestry purposes.
1 A Patrician Aid Fund is hereby established.
2 When the construction or restoration of a work or infrastructure of essential public interest would cause a patriciate to incur an expense disproportionate to its means and such as to jeopardize its financial equilibrium, the patriciate may request a contribution from the Patrician Aid Fund from the Canton.
[8] **1** The Patrician Aid Fund is administered by the Council of State, through the competent Department, assisted by an advisory commission composed of an equal number of members representing the State and delegates of the patriciate.
**2** The fund is financed by the following means
a) the annual contribution of the patriciates, calculated between 2% and 10% of the net income from sales of patrician assets, capital, rents, leases and surface rights if they collectively exceed CHF 5000.--.
The implementing regulation establishes the criteria and methods for determining net income;
b) the annual contribution of the Canton equal to at least that of the patriciates referred to in letter a);
c) the devolution of the assets of unrecognized patriciates.
**3** Patriciates are required to submit annually the declaration of net income referred to in paragraph 2 letter a). They must complete the form fully and send it, with the prescribed attachments, to the Department within the established deadline.
**4** A patriciate that fails to send the income declaration or that submits an incomplete form will be warned to remedy the omission within a reasonable period.
**5** If, despite the warning, the patriciate does not submit the income declaration, the Department will determine it ex officio based on an assessment that takes into account previous assessments and the evolution of assets. The Department shall apply an assessment fee of CHF 100.– to CHF 2,000.– in its decision. [9]
**6** The Council of State, after consulting the advisory commission, sets the percentages per year and per category of net income, the methods, conditions and criteria for the collection and payment of the contribution referred to in paragraph 2 letter a). [10]
**7** The Council of State, after consulting the advisory commission, may reduce or waive the contribution upon request of the interested patriciate that would find itself, due to the imposed contribution, in an evident situation of financial hardship.
[8] Art. amended by L 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[9] Para. amended by L 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
[10] Para. amended by L 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
[11] 1 A fund named the "Territory Management Fund" is hereby established, financed by the Canton, intended to incentivize interventions for the management and maintenance of the territory and its assets.
2 Incentives may be granted when cumulatively
a) the interventions are promoted in collaboration by *patriziato* and municipal bodies within the framework of a programmatic agreement;
b) the *patriziato* bodies concerned provide sufficient guarantees of administrative and operational functionality.
3 Incentives may not exceed 50% of the total costs of the interventions and shall be proportionate to the financial capacity of the *patriziato* bodies involved; they may be combined with aid and contributions provided for by special laws.
[11] Art. introduced by L 13.2.2012; in force from 1.1.2013 - BU 2012, 151.
[12] 1 The Fund is administered by the Council of State, through the competent Department, assisted by the Commission referred to in Art. 27 para. 1 and by the interested cantonal Services.
2 The Council of State, having consulted the Commission, shall establish in a regulation the annual contribution of the Canton, the conditions, criteria and procedures for the payment of incentives, it being understood that there is no right to them.
[12] Art. introduced by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
1. The patriciate's regulations establish the methods and conditions for enjoyment, such as grazing, making hay, fodder, and litter, and the supply of firewood.
2. Such enjoyment cannot be denied, without valid reason, to non-patrician families domiciled within the municipality of the patriciate, upon payment of an equitable fee fixed by the patriciate's regulations.
3. The patriciate's regulations may provide for enjoyment by non-patricians domiciled within the municipality of the patriciate who operate agricultural businesses, under the same conditions as patricians.
4. Article 171a of the LAC is reserved.
1 Patrician households may be granted, once a year, processed firewood, originating from Ticinese patrician forests, for their own domestic use. The same allocation may be granted to non-patrician households domiciled in the Municipality of the patriciate. [13]
2 The quantities to be allocated are determined from time to time by the patrician office, after consulting the district forest office, subject to availability. [14]
3 Patrician households domiciled outside the Canton shall participate in the allocation if they make a request.
4 The patriciate's regulations may exclude or proportionally reduce the allocation to patricians domiciled outside the municipality, taking into account particular local conditions.
5 The patriciate may demand from the beneficiaries a reasonable contribution to the processing cost.
6 The allocation of standing firewood may be made exceptionally under the same conditions when it is not contrary to the rules of good forest management.
[13] Para. amended by Law of 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
[14] Para. amended by Law of 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
1. Every adult patrician may be granted, at a preferential price, processed timber for the construction or renovation, by himself, of houses, stables, or other buildings within the jurisdiction of the municipality to which the patriciate extends.
2. The quantity of timber assigned may not exceed the percentage of the total production of such timber fixed by the patriciate's regulations, it being understood that the maximum quantity assigned to the patrician shall not exceed twenty cubic meters every ten years.
The assignment of standing timber can be made under the same conditions and in the same quantities as processed timber, only in extraordinary cases, for the construction or repair of houses, stables, or other buildings in mountainous areas of difficult access, provided that the applicant gives serious guarantees for a correct execution of the felling.
1 Patrician usufructuary rights cannot be assigned.
2 Any distribution of revenues or division of patrician assets among patricians is prohibited.
1 Income and revenues must be allocated to the fulfillment of the duties of the patriciate, to the amortization of the patriciate's debts, or to the financing of public utility works carried out or to be carried out in the municipality of the patriciate. [15]
2 Revenues from forests must primarily be used for investments in favor of the forest and alpine economy.
[15] Par. amended by Law of 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
1 Two or more *patriciates* may be aggregated when required by general economic or administrative interests. [17]
2 In particular, having heard the representatives of the entities concerned
a) for the purpose of ensuring greater economic consistency and more rational management of their property, for the benefit of the community; [18]
b) when the majority of the *patricians* of one *patriciate* are the same as those of the other;
c) when the *patrician* assets consist of rights encumbering the property of another *patriciate*;
d) in order to establish a single management of *patrician* assets within a communal jurisdiction or in an area of adjoining municipalities.
Aggregation Procedure [19]
[17] Par. amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[18] Let. amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[19] Marginal note amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[20] **1** The aggregation procedure may be initiated
a) upon request of all involved patricianates, or for each of them by the Patrician Office, the Patrician Assembly or the Patrician Council;
b) ex officio by the State Council.
**2** The State Council initiates the aggregation study, defining its scope. It appoints a Commission, in which all involved patricianates are represented.
**3** The Commission draws up the study with its aggregation proposal within the set deadline and submits it to the State Council, together with the position statements of the patrician offices of the involved patricianates; the State Council examines the study and, if necessary, requests its completion.
**4** The State Council's proposal is subsequently transmitted to the individual Patrician Offices, so that within the set deadline they submit it with their preliminary opinion to all persons entitled to vote in patrician matters of each patricianate, gathered in an extraordinary assembly pursuant to Art. 70; in patricianates with a Patrician Council, the Assembly of patrician citizens expresses its opinion.
**5** The State Council decrees the aggregation and publishes it in the Official Gazette.
**6** An appeal against the decree may be lodged with the Grand Council by the interested patricianates or by individual patricians, within 60 days of publication; if the assembly's preliminary opinions are not all favourable, the vote of the absolute majority of the Grand Council's members is required.
**7** For the rest, Articles 4 para. 2, 5 para. 1, 6 para. 3, 9, 11 para. 1, 12, 13, 14 of the Law on Municipal Aggregations and Separations are applicable by analogy.
[20] Art. amended by L 13.2.2012; in force since 1.1.2013 - BU 2012, 151; previous amendment: BU 2004, 60.
1 Patricianates may be united in a consortium for the purpose of
a) ensuring a more rational governance and exploitation of the real estate properties they own, especially forests, pastures, and alpine meadows;
b) promoting the execution of avalanche protection works, ground stabilization works, and other similar works of public interest.
2 The consortium may also include municipalities within whose jurisdiction the patrician assets are located, other municipalities, tourism organizations, and regions, when the purpose of the consortium is the utilization of patrician lands for social or collective non-agricultural or forestry purposes, such as tourism, recreation or refreshment, or environmental protection.
1 The consortium procedure is initiated
a) upon request of individual patricianates;
b) upon request of other interested entities;
c) ex officio by the Council of State.
2 The Council of State decrees the consortium and publishes it in the Official Gazette.
3 For the rest, the Law on Consortia of 21 July 1913 is applicable. [21]
[21] Para. amended by L 13.3.2019; in force since 1.9.2019 - BU 2019, 190; previous amendment: BU 2009, 22.
1. A patriciate that no longer meets the legal requirements shall be disavowed by the Council of State, after consulting the representatives of the entity.
2. Against this decree, the representatives of the entity and individual interested parties may appeal to the Grand Council within 30 days of publication.
3. Against the decision of the Grand Council, an appeal may be lodged with the Cantonal Administrative Court within a period of 30 days. [22]
[22] Para. introduced by Law of 2.12.2008; in force since 27.1.2009 - BU 2009, 22.
[23] The decree of disavowal establishes the devolution of the assets of the disavowed entity. In the absence of agreed solutions, these are devolved to another patriciate present within the municipal jurisdiction, or, in the alternative, to the reference Municipality.
[23] Art. modified by Law 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
1 The status of patrician presupposes Ticinese citizenship.
2 Membership in one patriciate cannot be acquired if one already belongs to another patriciate, save in the case of release in accordance with Art. 43 lett. c).
1 The child of a patrician parent acquires patrician status. [24]
2 If the parents are members of different patricianates, it is presumed that the child acquires the patrician status of the father, unless they declare to the respective patriciate offices to choose that of the mother.
3 ... [25]
4 The choice also applies to descendants.
[24] Para. amended by Law of 28.1.2013; in force since 1.6.2013 - BU 2013, 139.
[25] Para. repealed by Law of 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
1 A person acquires the status of patrician by reason of marriage to a patrician (male) or a patrician (female).
2 In the case of marriage between citizens of different patrician classes, each spouse retains their own patrician status.
3 In both cases, the right of option is reserved within a period of one year.
1 The status of patrician may be granted by the assembly or by the patrician council under the following conditions
a) if the applicant is a citizen of Ticino belonging to the municipality in which the patriciate is located;
b) if the applicant is a citizen of Ticino domiciled in the municipality for at least ten years;
c) if the applicant, already a member of another patriciate, requests release from the previous patriciate. The release may be conditional upon the acquisition of the new patriciate.
2 The application for granting automatically includes minor children.
The acquisition of patrician status by entities or internal subdivisions as per art. 2 automatically confers general patrician status.
The procedure for acquiring the status of patrician is established by the implementing regulation of the law.
1 A fee of a maximum of CHF 1000.-- may be levied for the granting of patrician status.
2 The fee shall be commensurate with the economic conditions of the applicant.
The status of patrician is lost for the following causes
a) by the loss of Ticinese citizenship;
b) by renunciation of the status of patrician;
c) by a new marriage, subsequent to divorce or widowhood, of a man or woman who acquired the status of patrician at the time of marriage.
1 The loss of patrician status for the reasons referred to in letter b) of art. 47 does not produce effects for the spouse and the descendants of the renunciant.
2 The loss of patrician status for the reasons referred to in letter c) of art. 47 does not produce effects for the descendants.
Whoever reacquires Ticino citizenship also reacquires the previous status of patrician.
The procedure for the renunciation and reacquisition of the status of patrician is established by the implementing regulation of the law.
1 The patrician exercises their patrician rights within the limits established by law.
2 For convocation to assemblies, the patrician domiciled outside the municipality where the patriciate is based must notify their address to the patrician office. [26]
[26] Sub-paragraph amended by L 13.2.2012; in force from 1.1.2013 - BU 2012, 151.
[27] 1 Every patrician has the right to vote upon reaching eighteen years of age and is considered of full legal age for the purposes of the law.
2 The exercise of the right to vote is personal.
[27] Early entry into force by the Council of State compared to the entry into force of the entire law (1.1.1995) on 25.8.1992 - BU 1992, 273.
1 The rights of usufruct over the assets of the patriciate are exercised per household.
2 The patrician household consists of
a) an adult, with an independent economy;
b) a community of patrician persons forming a single household;
c) a patrician woman who retains patrician status as a single person at the time of marriage.
1 In the event of the constitution of a new *fuego* [household/family unit], the rights of enjoyment shall be exercised from the day of registration in the corresponding register.
2 In the event of extinction due to death, renunciation by the right-holders, or for any other cause, the rights of enjoyment shall cease with the deletion of the *fuego* from the register.
1 For the exercise of enjoyment rights, in relations with the patrician administration, the household is, as a rule, represented by the eldest patrician.
2 The right of representation may be delegated.
The register of patricians, voters, and hearths attests to
a) the status of patrician;
b) the qualification of being entitled to vote;
c) the hearths with usufructuary rights.
The Patrician Office prepares, on a form established by the Department, the register updated annually, by the end of November.
[28] 1 The Council of State shall establish a cantonal database for collecting the registrations of patricians, voters, and households of the individual patricianates.
2 The implementing regulation of this law shall define the detailed rules.
d) Publication [29]
[28] Art. introduced by L 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
[29] Marginal note amended by L 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
1 The register is published annually during the first twenty days of December.
2 The publication takes place through display in the patrician office or in the municipal chancellery and, in the case of patricianates with jurisdiction in multiple municipalities, in the chancellery of the municipality where the patricianate is based.
e) Variations, publications [30]
[30] Marginal note modified by Law of 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
[31] 1 During the year, the Patrician Office shall make the changes to the register ordered by the Council of State, as well as those resulting from changes in civil status or for other causes leading to modifications in patrician families. Patrician citizens must notify the changes that concern them and actively collaborate to keep the aforementioned data up to date. [32]
2 The Patrician Office is required to regularly consult the Population Movement Database.
3 The Patrician Office shall publish the changes on the patrician notice board during the fifteen consecutive days following their entry.
[31] Art. amended by L 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[32] Para. amended by L 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
1. No alteration, except as ordered by the Council of State, may be made to the register during the period of publication.
2. Entries that become necessary during the period of publication shall be made after such period has elapsed; the corresponding alterations must be published on the bulletin board according to the provisions of Art. 59.
1 Any person entitled to vote in the patriciate may contest entries in the register by means of an appeal to the Council of State.
2 An appeal seeking entry in the register may only be lodged by the patrician requesting it or by their representative.
3 … [33]
[33] Para. repealed by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
1 An appeal against the register must be lodged
a) in the case of annual publication, during the period of publication;
b) in the case of a variation, during the period of publication of the variation itself.
2 The deadlines are not suspended by judicial holidays. [34]
[34] Subparagraph amended by L 13.3.2019; in force since 1.9.2019 - BU 2019, 190; previous amendment: BU 2013, 471.
The disputes concerning patrician status that arise in the course of judicial proceedings must be referred by the civil judge to the Council of State. An appeal against the decision of the Council of State may be lodged with the Cantonal Administrative Tribunal.
1 The organs of the patriciate are: the assembly, the patrician council where constituted, and the patrician office.
2 They administer the patriciate according to the competences conferred by law.
[35] The election of the patrician council and the patrician office takes place every four years in April on the date fixed by the Council of State by the end of August of the preceding year.
[35] Article amended by Law of 10.11.2008; in force since 1.1.2009 - BU 2009, 7; previous amendment: BU 1992, 273.
1 Every patriciate must have a seal, the imprint of which must be affixed to every official act.
2 The seal and its variations must be notified to the competent Department.
The assembly is the meeting of those entitled to vote on communal land matters. It is public.
The Assembly
a) elects the patrician council, the patrician office, its president and substitutes;
b) adopts regulations, repeals them, amends them or suspends their application; [36]
c) exercises supervision over the patrician administration;
d) approves annually the provisional budget and the final accounts of the patriciate and its undertakings; [37]
e) authorises investment expenditures, approves the establishment of guarantees, the creation of mortgages, the creation of pledges on movable property; [38]
f) authorises the acquisition, lease, rental, exchange, alienation, conversion of the use and enjoyment of assets; [39]
g) decides on the execution of works based on definitive projects and budgets and grants the necessary credits;
h) authorises the patrician office to initiate or defend legal proceedings, to settle and to compromise, subject to administrative procedures;
i) sets out by regulation the fees of the members of the office, the reimbursement of expenses for special missions or functions, the salaries of the secretary and other employees or appointees of the patriciate;
l) grants patrician status and takes note of the renunciation of patrician status;
m) appoints for the four-year term the management committee and any special committees; [40]
n) exercises all competences not conferred by law to another body of the patriciate;
o) appoints the delegates of the patriciate to public and private law entities of which the patriciate is a party; special laws and cases falling within the competence of the Patrician Office are reserved. [41]
[36] Subparagraph amended by L 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[37] Subparagraph amended by L 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[38] Subparagraph amended by L 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[39] Subparagraph amended by L 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
[40] Subparagraph amended by L 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[41] Subparagraph introduced by L 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
1 The ordinary annual assemblies are two
a) the first primarily addresses the management of the previous financial year of the patriciate; [42]
b) the second, in any case, addresses the budget for the following year. [43]
2 Other matters may be discussed at ordinary assemblies, provided they appear on the agenda.
3 Patricianates without significant financial activity may stipulate in their regulations the holding of only one ordinary annual assembly, setting its date no later than April 30.
[42] Subparagraph amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[43] Subparagraph amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
1 The *assemblea patriziale* (patrician assembly) convenes extraordinarily
a) whenever the *ufficio patriziale* (patrician office) deems it appropriate;
b) if requested by a number of eligible voters corresponding to at least one-sixth of the number of patricians domiciled in the municipality or municipalities, respectively in the section, of the patriciate. The sections referred to in this paragraph correspond to those provided for by the Law on Official Surveying of 8 November 2005. [44]
2 Within one month of its submission, the *ufficio patriziale* shall examine whether the request referred to in letter b of the preceding paragraph is regular and admissible and shall publish its decision on the official notice board; having recognized its regularity and admissibility, it shall convene the assembly within thirty days of its publication on the official notice board. [45]
[44] Letter amended by Law of 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
[45] Paragraph introduced by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
1 The patriciate's regulations shall fix the date of ordinary assemblies, provided that the approval of the patrician management must occur by April 30, and the approval of the budget by December 31.
2 For justified reasons, the patrician office may extend the deadline for the first and second ordinary assemblies until June 30 and February 28, respectively. [46]
3 The Council of State, upon a reasoned request from the patrician office, may exceptionally extend the deadlines referred to in subsection 2. [47]
[46] Subsec. amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[47] Subsec. amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[48] The Patrician Office convenes the assembly by notice on the official bulletin board and simultaneously to the domicile of the patricians entitled to vote who are domiciled in the municipality, or in the section of the patriciate respectively, and, for those domiciled outside the municipality, to the address prescribed by Art. 51, at least ten days before the meeting, indicating the day, time, place, and matters to be discussed.
[48] Art. amended by L 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
[49] 1 Each year, at the beginning of the first ordinary assembly, a President is appointed, who remains in office for one year.
2 The presidential office is supplemented at each assembly by the designation of two scrutineers.
3 Members of the Patrician Office currently in office or who were in office during the year whose management is being discussed cannot be part of the presidential office.
[49] Art. introduced by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
The assembly can validly deliberate whatever the number of those present. The members and substitutes of the patrician office are not counted among those present.
1. The assembly resolves by a majority of the voters.
2. For the matters referred to in Art. 68 lett. e), f), g), h), and in the case of revocation of previous resolutions, it resolves by a two-thirds majority of the voters; in any case, the affirmative votes must constitute half of those present.
3. In all cases, abstentions and, for secret ballot votes, blank ballots are not counted.
[50] 1 A patrician may not take part in discussions and voting on matters concerning their personal interest or that of their relatives within the following degrees: spouse, registered partners, de facto cohabitants, parents, children, siblings, uncles, first cousins, siblings-in-law, parents-in-law, sons-in-law, and daughters-in-law.
2 The interest of a public law entity or of a guild or private law entity with idealistic aims and without economic goals does not create a conflict of interest for its members.
3 However, a conflict of interest does exist for administrators and employees with managerial functions of legal entities operating for profit.
[50] Art. amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
1 The minutes are read, approved on the spot, and signed by the chairman of the assembly, the secretary, and the tellers.
2 The chairman of the patriciate publishes the resolutions of the assembly on the notice board within five days, indicating the means and deadlines for appeal.
1 The patriciate's regulations establish the other modalities for the assembly's functioning.
2 They must, in particular, govern
a) the location, day, and agenda of the discussions;
b) the composition of the presidium and its duties;
c) the minutes of the discussions, the methods of keeping and approval;
d) the voting system;
e) messages and reports, the forms and deadlines for submission and deposit;
f) the committees, their composition and attributes;
g) interpellations and motions, with the forms and deadlines for submission;
h) the order and publicity of the assembly.
3 The president, members, and substitutes of the incumbent patrician office, or those who held office in the year whose management is being discussed, may not participate in votes for the appointment of the management committee and for the approval of the annual accounts. [51]
[51] Paragraph amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
1 The patriciate's regulations may provide for the establishment of the patrician council.
2 They shall establish its functioning, with reference to Articles 75 and 76, regulating in particular
a) the constituent meeting;
b) the presidential office and its duties;
c) ordinary and extraordinary sessions;
d) the place and methods of convocation;
e) the modalities of participation;
f) the minutes of discussions, the methods of keeping and approval;
g) messages, reports, the methods and deadlines for presentation and filing;
h) the voting system and quorum;
i) the committees, their composition and attributes;
j) interpellations and motions, with their forms and deadlines for presentation.
The patrician council exercises the attributes of the patrician assembly as per Art. 68, reserving the right of initiative and referendum according to the procedures stipulated by the municipal organic law, it being understood that the quorums therein provided are computed based on the number of patrician citizens domiciled in the municipality or municipalities of the patriziate.
1. Eligible for the *consiglio patriziale* are those entitled to vote in the *patriziato*.
2. The office is incompatible with that of State Councillor, member or substitute member of the *ufficio patriziale*, and employee of the *patriziato*, unless the latter is exercised in an ancillary function.
1 The patrician office administers the patriciate.
2 It is composed of three or five members, including the president.
3 The office of a patriciate whose jurisdiction extends to multiple municipalities may have up to a maximum of nine members.
4 The office is compulsory.
5 In patricianates where a three-member office exists, two substitutes are required.
1 Every patrician of full age with the right to vote in patrician matters is eligible for the office of member and alternate.
2 … [52]
[52] Para. repealed by Law of 10.11.2008; in force since 1.1.2009 - BU 2009, 7.
The office of president of the *ufficio patriziale* is incompatible with that of secretary.
[53] The following may not simultaneously be part of the same office as president, member, or substitute: spouses, registered partners, de facto cohabitants, parents and children, siblings, parents-in-law with sons-in-law and daughters-in-law.
[53] Art. amended by L 13.2.2012; in force from 1.1.2013 - BU 2012, 151.
… [54]
[54] Art. repealed by L 13.2.2012; in force from 1.1.2013 - BU 2012, 151.
The chairman, members, and alternate members may resign from office for one of the following reasons
a) having held the office for the entire immediately preceding four-year term;
b) reaching the age of 65 years;
c) an infirmity that renders the office excessively burdensome or another serious reason.
1 Resignations for the reasons referred to in Art. 86 lett. a) and b) shall be submitted to the *ufficio patriziale* and shall take effect two months after their submission.
2 The renunciation of office and the resignations of those invoking the reasons referred to in Art. 85 and 86 lett. c) shall be decided by the *ufficio patriziale*, subject to appeal to the Council of State. [55]
[55] Para. modified by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151; previous modification: BU 2009, 22.
… [56]
Period of Election [57]
[56] Article repealed by Law of 13.2.2012; in force since 1.1.2013 - FO 2012, 151; previous amendment: FO 2009, 22.
[57] Marginal note amended by Law of 10.11.2008; in force since 1.1.2009 - FO 2009, 7; previous amendment: FO 1998, 391; OF 1999, 5138.
1 The president, members, and substitutes of the patrician office shall remain in office for four years and are eligible for re-election.
2 … [58]
[58] Para. repealed by Law of 10.11.2008; in force since 1.1.2009 - BU 2009, 7; previous amendment: BU 1998, 391; FU 1999, 5138.
In its first meeting following its election, the bureau shall appoint a vice-president from among its members.
1 The office may appoint, from within itself or externally, commissions for the supervision of specific branches of the administration and for the study of matters of particular importance.
2 Each commission must include a member of the office, as a rule in the capacity of president.
3 The commissions exercise their oversight over the branches of administration entrusted to them or propose the measures to be implemented. In any case, they have advisory functions.
The Patrician Office
a) is the executive body of the patriarchy;
b) directs the administration, takes every measure to protect the corporation's interests, including administrative procedures;
c) formulates its proposals or reports on every matter within the competence of the assembly or the patrician council;
d) executes or ensures the execution of the resolutions of the assembly or the patrician council;
e) provides information on the administration to the assembly or the patrician council with an annual written report;
f) decides on the regularity and admissibility of the application referred to in Art. 70 para. 1 lit. b); [59]
g) exercises the competencies specifically conferred upon it by the regulations or other laws.
[59] Lit. modified by L 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
The Patrician Office, in particular
a) organizes the good governance of patrician assets and guarantees their public use;
b) ensures the collection of patrician taxes and credits, settles commitments within the limits of the budget, as well as the investment of capital, and supervises the conversion of loans;
c) prepares annually the provisional budget and the final accounts;
d) applies the patrician regulations and punishes with a fine those who contravene the laws and regulations themselves;
e) appoints employees and assigns tasks;
f) approves forest management plans and alpine land-use plans;
g) proceeds with awards following public tenders, competitive bidding, or private negotiation in accordance with the provisions of this law as well as the Public Procurement Act of 20 February 2001; [60]
h) prepares and updates the register of patricians;
i) proceeds every four years with the boundary survey of properties owned by the patriciate, on its own initiative or when requested by neighboring landowners or the supervisory authority;
l) preserves and updates the patrician archives;
m) sets the chancery fees.
[60] Lit. amended by Law of 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
[61] Up to an annual total amount established by the patrician regulations in proportion to the importance of the patriciate's budget, however, at most equal to 10% of the costs of the last financial statement and not exceeding CHF 40,000.–, the Patrician Office may incur unbudgeted current expenses.
[61] Art. introduced by Law of 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
1 The patriciate's regulations establish the rules for the functioning of the patrician office, supplementing and integrating those prescribed by the present law. In particular, they must govern
a) the location of meetings;
b) the conduct of meetings;
c) the summoning of substitutes;
d) the voting procedure;
e) the minutes of discussions and the methods for their keeping and approval;
f) the duty of discretion, the examination of documents, and the issuance of extracts.
2 Article 76 is applicable by analogy.
… [62]
[62] Art. repealed by L 20.2.2001; effective from 1.5.2001 - BU 2001, 99.
The Patrician Office can validly deliberate if at least the absolute majority of its members attend the meeting and if they have been notified at least 24 hours prior to the meeting. If for two consecutive times such a majority is lacking, the Office can deliberate the third time, regardless of the number of members present.
[63] 1 Attendance at meetings is compulsory.
2 If a member deliberately and continuously evades the duties of their office without legitimate reason, the office shall report the case to the supervisory authority.
[63] Art. amended by L 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
1. Resolutions are adopted by a majority of those present; abstention is not permitted.
2. Resolutions may be revoked by a majority vote of its members, subject to the rights of third parties.
[64] 1 A member of the municipal administration cannot be present during discussions and voting on matters concerning their personal interest and that of their relatives according to Art. 75.
2 The interest of a public law entity and of a guild or private law entity with idealistic purposes and no economic aims does not determine a conflict of interest for its members.
3 However, a conflict exists for administrators and employees with management functions of legal entities with a profit-making purpose.
[64] Art. amended by L 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
A member of the patrician office cannot directly or indirectly undertake works, supplies, or mandates for the patriciate.
1 The municipal patrician office appoints the secretary and other employees, as provided for by special laws or regulations, every four years.
2 The appointment is made by public competition. The term of appointment expires six months after the election of the municipal patrician office.
3 Unless an extension is granted by the competent Department, reconfirmation is tacit if the municipal patrician office does not notify the employee of non-reconfirmation, stating the reasons, within four months of the elections.
1 Violation of official duties is punished by the Patrician Office with the following disciplinary measures
a) a warning;
b) a fine up to CHF 500.--;
c) suspension from duties for up to three months;
d) dismissal.
2 The application of any disciplinary measure must be preceded by an inquiry in which the person concerned must be given the opportunity to justify themselves and to be assisted.
3 Every disciplinary measure must be reasoned and notified in writing to the person concerned.
4 Disciplinary measures may be appealed by the person concerned to the Council of State.
5 An appeal to the Cantonal Administrative Court is admissible against decisions of the Council of State.
The regulations of the patriciate, in addition to the provisions of this law, establish the requirements for appointment, the salaries, the obligations and service duties, and the social benefits of employees.
The provisional budget and the final accounts of the patriciate extend to the management from January 1st to December 31st of each year.
[65] 1 The preliminary budget must contain
a) the forecasts regarding revenues and expenses for the next accounting period to be included in the income statement;
b) the depreciation schedule and, at the discretion of the Patrician Office, the inventory of patrician assets.
2 The income and expenditure in the investment account, for works approved or to be approved, are presented for informational purposes only.
[65] Art. modified by Law of 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
[66] The annual financial statement must contain
a) the income statement;
b) the investment account;
c) the balance sheet including the following annexes to the accounts
– the depreciation schedule;
– the control schedule for investment credits;
– the list of debts, as well as the inventory of communal assets.
[66] Art. amended by Law of 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
The deliberations on the provisional budget and the final balance, article by article and as a whole, proceed.
The credits can only be used by the municipal office for the purpose for which they were granted.
[68] 1 The patrician office may not incur expenses that are not included in the preliminary budget, nor exceed those included, without the prior consent of the assembly or the patrician council, except in cases of absolute urgency for which it must request ratification at the next assembly or council meeting.
2 The supplementary credit is the complement of an investment credit.
3 The supplementary credit must be requested if the ascertained overrun will be at least 10% of the original credit and exceed CHF 20,000.–; the request must be submitted with a specific message, as soon as the overrun becomes foreseeable; for smaller overruns, it is sufficient to request ratification once the work is completed.
[68] Art. modified by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
When, during the year, the Patrician Office lacks liquidity to cover expenses of the ordinary part of the budget, it may resort to short-term loans, provided that these are fully repaid by the end of the following year.
Payments and collections must be made via postal or bank current account. The Regulations of the Patriciate designate those with collective signatory rights, together with the President of the Patrician Office, for all operations concerning the aforementioned accounts.
The specific rules regarding the keeping of accounting books and records are established by the special regulation.
[69] The accounting of the patricianates is kept according to the double-entry system; it is based on the harmonised model according to the recommendations issued by the Conference of Cantonal Finance Directors.
[69] Art. amended by L 13.3.2019; in force since 1.9.2019 - BU 2019, 190; previous amendment: BU 2012, 151.
1 The examination of the management is entrusted to the management committee.
2 To this end, it is granted the power to examine the records of the patrician administration, the minutes, and the archives.
3 The committee shall pronounce
a) on the budget;
b) on proposals for matters requiring a decision by the assembly or the patrician council by virtue of Art. 68 when the examination does not fall within the exclusive competence of another committee;
c) on the annual financial statements.
4 The office of member and substitute member of the management committee is mandatory.
The following may not be part of the commission
a) members of the patrician office and their substitutes;
b) relatives in the following degrees: spouse, registered partner, de facto cohabitant, parents and children, siblings, parents-in-law with sons-in-law and daughters-in-law, uncles/aunts and blood nephews/nieces; [70]
c) those who are related in the aforementioned degrees to members of the patrician office, their substitutes, and the secretary.
[70] Subpara. amended by Law of 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
1. A person who has held the office of member of the communal executive (ufficio patriziale) or as a substitute may be part of the management committee.
2. However, they may not participate in the discussion and vote on the management that concerns them.
1 The management committee prepares the written report.
2 If the committee is unable to present a substantive report on the accounts, it shall report the reasons to the assembly or the patrician council.
3 The assembly or the patrician council shall set a new deadline not exceeding one month. The patrician office shall promptly notify the Department of this.
1 The patrizial office shall impose fines for contraventions of patrizial regulations or laws whose application is entrusted to it.
2 The maximum fine shall be CHF 10,000, subject to special laws.
1 Members of the municipal notaries office and employees referred to in Art. 101 who become aware of an infringement shall report it to the municipal notary.
2 Reports may also be made by third parties.
[71] 1 The contravention report must indicate the facts, the place, the date, and the period in which the infringements occurred, and the provisions of law or regulations violated.
2 The communal property office serves it on the accused, assigning a peremptory deadline of fifteen days for written observations.
3 The Law on Administrative Procedure is applicable for all other matters.
[71] Art. amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
1 Once the violation has been ascertained, the municipal land office (ufficio patriziale) imposes the fine; the decision must include
a) the contravention report;
b) the reasons for the fine;
c) the indication of the violated legal or regulatory provisions and of the one that sanctions the transgression;
d) the indication of the means and deadlines for appeal.
2 The decision to impose a fine is appealable to the Council of State.
3 An appeal against the decision of the Council of State may be lodged with the Cantonal Administrative Court.
4 The decision to abandon the contravention proceedings must be notified to the reported party.
[72] For prescription, the Law of 20 April 2010 on the procedure for contraventions is applicable.
[72] Art. amended by Law of 20.4.2010; in force since 1.1.2011 - BU 2010, 260; previous amendment: BU 2006, 561.
1 Fines must be paid within one month from the date they become final.
2 The Patrician Office may grant an extension not exceeding two months or allow payment in installments within a maximum period of six months.
3 If the fine is not paid promptly, the Patrician Office shall proceed with enforcement.
4 If collection is not possible, the judge for the execution of sentences, upon application by the Patrician Office and after a ten-day warning, shall commute the fine into a substitute custodial sentence for a maximum of three months, with notification to the enforcement authority. [73] [74]
5 Against the decision to commute the fine, the convicted person and the Patrician Office may lodge a complaint with the Court of Appeal and Criminal Revision in accordance with the Criminal Procedure Code of 5 October 2007. [75] [76]
[73] Para. amended by Law of 24.6.2010; in force since 1.1.2011 - BU 2010, 318; previous amendments: BU 2007, 17; BU 2010, 252.
[74] Transitional provision: BU 2007, 21. (November 27, 2006)
[75] Transitional provision: BU 2007, 21. (November 27, 2006)
[76] Para. amended by Law of 20.4.2010; in force since 1.1.2011 - BU 2010, 252; previous amendments: BU 1994, 285; BU 2007, 17; BU 2008, 204.
The patriciate regulates the matters falling within its competence through regulations.
Patrician regulations must be displayed publicly after notice on the official bulletin boards
a) for a period of thirty days during which an appeal to the Council of State is permitted; [77]
b) in patricianates with a patrician council regime, also for a period of forty-five days during which the right to a referendum is granted. [78]
[77] Sub-section amended by Law of 24.9.2013; in force since 1.3.2014 - BU 2013, 471.
[78] Sub-section amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
1 After the expiry of the display periods referred to in Art. 125, the regulations shall be submitted to the Council of State for approval.
2 A similar procedure must be followed for any variation thereof.
3 The Council of State applies a court fee ranging from fr. 100.– to fr. 2000.– when deciding on ratification. [79]
[79] Para. introduced by the Law of 20.9.2016; in force since 1.1.2017 - BU 2016, 443.
1 The Council of State, in the procedure for approving patrician regulations, availing itself of the supervisory powers conferred upon it by Art. 130 of the law, may
a) introduce ex officio amendments or additions to the regulation to bring it into conformity with the provisions of the constitution and the laws;
b) approve the regulation deeming the non-compliant provisions struck out;
c) suspend the approval of the regulation or of individual provisions thereof, inviting the patriciate to proceed with the necessary amendments and completions, assigning an adequate deadline for this purpose.
2 The Council of State shall issue the regulation, limited to provisions of an essential nature, in place of the competent patrician body when a patriciate, after the expiration of the established deadline and following a formal warning with the assignment of a new deadline, has failed to do so.
3 The regulations are approved by the Council of State with the reservation of third-party rights.
4 The operative part of the approval resolution must be published in the patrician register. [80]
[80] Para. introduced by Law of 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
1 With the approval of the Council of State, the regulations become executive.
2 Approval does not extinguish the right of appeal in every case of application.
[81] 1 The patriciate may enter into public law agreements with public and private entities for the execution of its duties.
2 The agreement must specify, in particular, its purpose, organization, cost allocation, and terms for renewal and termination.
3 The agreement must be adopted by the patrician assembly or the patrician council according to the procedures set out in the patrician regulations, except in cases falling under the exclusive competence of the patrician office.
[81] Art. introduced by Law of 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
[82] 1 The patriciate may entrust performance mandates to public or private entities for the execution of its tasks. The mandate must specify
– the performance and execution methods,
– the financial means,
– the controls,
– mutual rights and obligations,
– duration, faculty of revocation.
2 Against administrative decisions of the external subject, an appeal may be lodged pursuant to Articles 146 et seq.
3 The mandate must be adopted by the assembly or the patrician council according to the procedures laid down in the patrician regulations.
[82] Art. introduced by Law of 13.3.2019; in force since 1.9.2019 - BU 2019, 190.
1 The Council of State, through the competent Department, promotes the rational utilization of properties owned by the *patriciates*, coordinated with cantonal planning and the socio-economic promotion foreseen by the regional development bodies. [83]
2 It avails itself of a commission in which the *Alleanza patriziale* (Patrician Alliance) and the interested cantonal services and bodies are represented.
3 The commission's regulations establish its competencies and functioning.
[83] Para. modified by the L 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
1 Patricianates are subject to the supervision of the Canton.
2 This is exercised by the Council of State, which designates the competent Department.
Subject [84]
[84] Marginal note amended by L 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
1 The supervision of patricianates covers
a) the legality review of the application of laws and regulations by the patricianates and their bodies;
b) the appropriateness review, limited to arbitrary action;
c) the oversight of the administration in general and of the decisions of the patrician bodies concerning the management and use of assets owned by the patricianate;
d) the measures adopted by the president of the assembly or of the patrician council within the scope of their powers.
2 For this purpose, the Department is granted the power to examine the registers, accounting books, and archives of the patricianates, as well as the use and management of patrician assets.
3 The scope of application of special laws, falling within the competence of the Department responsible for their application, is excluded from the supervision of patricianates in accordance with this chapter. [85]
[85] Para. re-introduced by Law of 13.3.2019; in force since 1.9.2019 - BU 2019, 190; previous amendment: BU 2012, 151.
[86] 1 The supervisory authority is entitled to intervene both upon private complaint and *ex officio*, when there is an indication or suspicion of maladministration to the detriment of important collective interests, or respectively, a violation of the obligations deriving from the office is identified.
2 Individual erroneous or flawed decisions adopted by the patrician bodies do not in themselves constitute an indication or suspicion of maladministration.
3 The supervisory procedure is a subsidiary procedure, reserved for cases in which it is not possible to initiate a normal appeal procedure; if criminal proceedings are pending, the Council of State shall suspend the supervisory procedure.
[86] Art. introduced by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[87] 1 The supervisory authority may adopt specific measures or annul the resolutions of the patrician bodies when, cumulatively
a) the actions of the patrician bodies manifestly violate provisions of the Constitution, laws, or regulations;
b) important and preponderant collective interests so require.
2 The power to annul the resolutions of the patrician bodies lapses after five years from their becoming legally binding; the right to claim damages is reserved to third parties.
[87] Art. amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
1 The Council of State may impose the following measures on incumbent members and substitutes of the *ufficio patriziale*, the management committee, the *consiglio patriziale*, and the presidential offices, who are guilty of non-observance of legal provisions, orders from the supervisory authority, or gross negligence in the exercise of their duties
a) ...;
b) a warning;
c) a fine up to a maximum of CHF 2000.–;
d) suspension from office for up to a maximum of six months;
e) dismissal. [88]
2 The measure referred to in letter e) applies in cases of serious and repeated violations in the exercise of their duties. [89]
3 Every measure must be reasoned and preceded by an inquiry in which the interested party is given the opportunity to justify themselves.
4 The Council of State may order the publication of the measures taken in the official gazette; in the case of suspension or dismissal, publication is mandatory. [90]
5 Disciplinary measures are subject to a statute of limitations of five years from the date the facts occurred.
6 Fines cannot be charged to the *cassa patriziale*.
[88] Para. amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[89] Para. amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[90] Para. amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
1 If a member of the *ufficio patriziale* (patrician office/municipal council) is prosecuted for crimes or misdemeanours, the Council of State may suspend him from his functions. In such a case, he shall be replaced by a substitute.
2 Suspension may be decided by the Council of State when, against a member of an *ufficio patriziale*, pursuant to the Federal Act on Debt Enforcement and Bankruptcy, the following measures have been adopted
a) issuance of a certificate of shortfall;
b) declaration of bankruptcy. [91]
3 The person concerned must be heard before the measure is taken.
[91] Para. amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
1 If a member of the Patrician Office is sentenced to imprisonment or a pecuniary penalty, even if granted a suspended sentence, for intentional offences contrary to the dignity of the office, the Council of State must dismiss him from his functions. [92]
2 In such a case, his replacement shall be carried out according to the provisions of the electoral laws.
3 The measure must be reasoned and preceded by an inquiry in which the person concerned is given the opportunity to justify himself.
[92] Sub-paragraph amended by L 27.11.2006; in force since 1.1.2007 - BU 2007, 17.
… [93]
[93] Art. repealed by L. 13.2.2012; in force from 1.1.2013 - BU 2012, 151.
[94] The Public Prosecutor shall notify the Council of State, as soon as possible but no later than three months from the opening of the investigation, of the existence of criminal proceedings against a member of the patrician office when the person concerned is prosecuted for offenses contrary to the dignity of the office.
[94] Art. amended by L 4.6.2012; in force since 10.8.2012 - BU 2012, 363.
When a "patriziato" (patrician community) finds itself in difficulty ensuring normal administration or when the "ufficio patriziale" (patrician office) deliberately and continuously evades its official duties, the supervisory authority may, after a warning, either directly or through one or more delegates, assist or replace the "ufficio patriziale" in the administration of the "patriziato," as long as the reasons justifying the intervention persist.
1 If the *assemblea patriziale* (patriarchal assembly) fails to elect the *ufficio patriziale* (patriarchal office), or if the latter cannot be constituted due to incompatibility among the elected members according to the provisions of Art. 84, the Council of State shall delegate the administration of the *patriziato* (patriciate) to the local municipality.
2 This measure shall cease as soon as the election of a *ufficio patriziale* becomes possible or when the causes of incompatibility have ceased.
In the cases established by Articles 138 and 139, the assembly or the patrician council nevertheless retain their own competences.
Aggregation, disacknowledgement [95]
[95] Marginal note amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[96] If the grounds for intervention as per Articles 138 and 139 persist, the Council of State may initiate ex officio the aggregation procedure in accordance with Article 35, or the disrecognition procedure in accordance with Article 38, respectively.
[96] Art. amended by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
1 The Council of State may recover intervention or investigation costs up to a maximum amount of CHF 10,000.--.
2 Costs borne by the patriciate shall be charged to the patrician fund.
3 If the instance is unfounded, the applicant shall be liable to pay the costs. [97]
[97] Para. introduced by Law of 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
1. Resolutions of the assembly or the patrician council concerning loans or credit facilities must be ratified by the Department.
2. The Department shall levy an adjudication fee ranging from CHF 100.– to CHF 2000.– when deciding on the ratification. [98]
[98] Subparagraph introduced by Law of 20.9.2016; in force since 1.1.2017 - BU 2016, 443.
[100] If the communal accounts or part thereof, as well as credit overruns, are not approved, the communal office shall immediately report this to the Council of State, which shall rule on the matter.
Legal Remedies [101]
[100] Art. modified by the L 13.2.2012; in force since 1.1.2013 - BU 2012, 151.
[101] Marginal note modified by the L 2.12.2008; in force since 27.1.2009 - BU 2009, 22.
[102] 1 An appeal against the decisions of the supervisory authority may be lodged with the Council of State.
2 An appeal against the decisions of the Council of State may be lodged with the Cantonal Administrative Court.
[102] Art. amended by L 2.12.2008; in force since 27.1.2009 - BU 2009, 22.
1 An appeal against the decisions of the Patrician organs may be lodged with the Council of State, whose decisions are appealable to the Cantonal Administrative Tribunal, unless the law provides otherwise.
2 The appeal has suspensive effect, unless the law or the challenged decision provides otherwise. In this case, the appellant may request the president of the appeal authority to suspend the decision.
Those entitled to appeal against the resolutions of the patrician bodies are
a) every patrician entitled to vote;
b) every other person or entity that demonstrates a legitimate interest.
Decisions in the field of patrimonial law issued by an incompetent body are null and void and without effect.
All decisions of the patrician bodies are annullable
a) when legal norms for their convocation have been violated, and such violation influenced the deliberations;
b) when the meeting was held in a location prohibited by law.
Individual decisions of the patrician bodies are annullable
a) if contrary to provisions of the Constitution, law, or regulations;
b) when persons not entitled to vote were permitted to vote, and when this could have influenced the deliberations;
c) if the vote was not carried out according to the provisions of the law;
d) if resulting from illicit practices, or when there were disorders or intimidations such that it can be presumed that the patricians were unable to freely express their vote;
e) when essential formalities prescribed by laws or regulations were violated.
1 Decisions of the patrician bodies affected by absolute nullity may be challenged at any time.
2 In other cases, the appeal must be submitted in writing within thirty days of notification or the date of publication of the contested decision. [103]
3 The Administrative Procedure Act of 24 September 2013 is applicable, subject to the provisions of other special laws. [104]
[103] Subpara. amended by Law of 24.9.2013; in force since 1.3.2014 - BU 2013, 471.
[104] Subpara. amended by Law of 24.9.2013; in force since 1.3.2014 - BU 2013, 480.
[106] 1 Appeals against decisions of the Department and the authorities subordinate thereto may be lodged with the Council of State.
2 Appeals against decisions of the Council of State may be lodged with the Cantonal Administrative Court.
[106] Art. introduced by Law 2.12.2008; in force since 27.1.2009 - BU 2009, 22.
… [107]
[107] Art. repealed by Law 13.3.2019; in force from 1.9.2019 - BU 2019, 190.
1 A patrician woman who has acquired her husband's patriciate by marriage may, within one year from the entry into force of this law, request reinstatement in her maiden patriciate by written notification to the patrician office of her original patriciate and a copy to that of her husband's patriciate.
2 Reinstatement entails the reacquisition of voting rights and usufructuary rights, as well as the establishment of a household ("costituzione di fuoco") in accordance with Articles 53 and 54.
1 Adult children of patrician parents whose mother intends to exercise the right of reintegration as per the preceding article may likewise opt for the mother's patriciate within the same period.
2 Adult children of a patrician mother married to a non-patrician may acquire the status of their mother's patrician within one year from the entry into force of this law if they submit a request to the patrician office.
1. A patrician who belongs to multiple patricianates of different communal jurisdictions must opt for one of these within one year from the entry into force of the present law.
2. In the event of a failure to opt, the patricianate of the municipality of origin shall prevail.
1 Every patriciate is required to submit an application for recognition according to Art. 3 of this law within one year of its entry into force.
2 Patriciate organizations that do not intend to apply for recognition or allow the deadline set out in paragraph 1 to expire without result shall be subject to the derecognition procedure referred to in Art. 38.
Patricianates are required to bring the provisions of their regulations into conformity with this law within four years of its entry into force.
The Council of State shall issue the implementing regulations of this Act.
… [108]
[108] Art. repealed by L 13.2.2012; in force from 1.1.2013 - BU 2012, 151.
The Cantonal Organic Law of 29 January 1962 and subsequent amendments is hereby repealed upon the entry into force of the present law.
1 Upon the expiry of the time limits for the exercise of the right to a referendum, this law shall be published in the Official Gazette of Laws and Executive Acts.
2 The Council of State shall fix the date of its entry into force. [109]
Published in OG 1994, 523.
[109] Entry into force: 1 January 1995 - OG 1994, 523.