Cantonal Police Act (LPol) - General Mission [ 6 ] (LPOL)

1. The cantonal police have the general mission of ensuring, within the limits of the law, the maintenance of public safety and order.

2. It exercises judicial police powers.

3. …

4. The cantonal police operate throughout the entire cantonal territory. The powers of the municipal authorities regarding police matters are reserved.

1. The cantonal police ensure, in collaboration with the municipal police forces, criminal prevention within the scope of their means and within the limits of the law.

2. They may establish a criminal prevention center, which individuals, in particular, can consult for advice, and whose regulations fall under the jurisdiction of the head of the Department of Justice, Police, and Military Affairs.

3. They may also associate with an intercantonal center.

4. They must observe strict commercial neutrality.

1. The cantonal police are authorized to collect fees for their intervention in cases where an individual's behavior violates federal, cantonal, or municipal regulations. This collection is carried out once any potential judgment is final and enforceable.

2. Fees are also collected when the intervention of the cantonal police is necessary due to particular circumstances or specific requests.

3. The fees may be collected in the form of a flat rate. The maximum amount of this flat rate is CHF 3,000.

4. In the cases provided for in paragraph 2, the cantonal police calculate their intervention fees according to the current hourly and mileage rates. In this scenario, they are not limited by the maximum amount set by paragraph 3.

5. The intervention fees of the cantonal police are subject to rates set by the State Council.

6. The law on billing for material services provided by state services during events is applicable to the intervention fees of the cantonal police during public events.

1. The cantonal police may grant a subsidy, as financial aid, in the form of a monetary contribution, to umbrella associations and foundations, which are non-profit, in order to assist in the rescue of individuals in distress within the canton.

2. Applications for subsidies must be submitted in writing to the commander of the cantonal police, accompanied by all useful or required documents. In particular, the applicant organization must include with its application its budgets and accounts, the activity report for the past year, as well as a document listing all subsidies, aids, and credits requested or obtained.

3. The subsidy is granted for a maximum of five years by specific agreement or by the decision of the commander of the cantonal police, who determines the amount based on the detailed budget of the beneficiary's activities. It may be subject to renewal upon re-examination of the file.

4. The specific agreement or decision specifically sets the goals for granting the subsidy, the activities for which it is deployed, as well as the charges and conditions to which the subsidy is subject.

5. The cantonal police conduct the procedure for monitoring and controlling subsidies on an annual basis. They ensure that the subsidy is used according to its intended purpose and that the beneficiary complies with the terms of the specific agreement or decision. To this end, they review the annual accounts and the activity report.

6. The subsidized organization is subject to the obligation to provide information in accordance with Article 19 of the Subsidy Act [A].

7. The cantonal police may terminate or reduce the subsidy or require its full or partial reimbursement under the conditions of Article 29 of the Subsidy Act.

1. The cantonal police personnel is composed of police officers and, for activities that do not require police officer status, other officials as well as employees hired under private law contracts.

2. The Council of State establishes the list of positions whose holders have the status of police officers. After consultation with the Attorney General, it also determines the police officers authorized to conduct witness interviews.

3. It sets the staffing levels of the cantonal police.

1. If a third party provides assistance, either spontaneously or upon request, to a member of the cantonal police staff acting in the course of their duties and thereby suffers damage, the State shall be liable.

2. The Council of State may grant a reward to the third party who has made a decisive contribution to preventing a serious offense or to discovering the perpetrator.

1. The State Council may delegate a portion of the duties assigned to the cantonal police to other public entities or legal entities governed by public law responsible for security tasks.

2. To this end, the State Council enters into an agreement with the delegated public entity or legal entity, detailing the delegated police tasks and the terms of the delegation.

1. Police officers are subject to the law on state personnel of Vaud [B], subject to additional or derogatory provisions of the present law.

1. Except for the commander of the cantonal police, his deputy, the commander of the gendarmerie, and the chief of the security police, who are appointed and designated by the Council of State, the chief of the department engages and appoints the police officers.

2. After the solemn oath, the sworn police officer is engaged and appointed by the Chief of the department through an indefinite-term administrative law contract specific to his function, entitled sworn police officer contract.

3. The first year is considered a probationary period.

1. The Appointment and Designation as a Sworn Police Officer is the act that grants the holder the powers related to the exercise of judicial police functions, as well as the rights and duties established by the law on the cantonal police.

1. Subject to the requirements set forth by the Vaud Police Organization Law [C], the Council of State establishes the special conditions that candidates must meet, in addition to the general conditions for accessing positions, in order to be appointed as police officers.

1. As a general rule, the training of police officers is acquired through a period of instruction successfully completed as a trainee at a police academy recognized by the Council of State.

1. At the beginning of the school, the trainee shall provide a written commitment to serve in the cantonal police for at least three years from their appointment as a police officer.

2. If the trainee resigns or if, due to their fault, the service relationship is terminated in another manner before the expiration of this period, they are obliged to reimburse, except in special circumstances, a portion of the costs that their training incurred to the State.

3. The department determines through general provisions the amount to be reimbursed, taking into account the duration of service.

4. The Council of State establishes the remaining regulations regarding trainees. It may decide to affiliate them with the State of Vaud's Pension Fund.

1. Before taking office, police officers shall make a solemn promise before the head of the department, according to the following formula

- "You promise to be faithful to the Federal Constitution [D] and to the Constitution of the Canton of Vaud [E]".

- "You promise to uphold and defend on all occasions and with all your power the rights, liberty, and independence of the country, to procure and advance its honor and profit, as well as to avoid or prevent anything that could cause it loss or damage".

- "You further promise to exercise your duties with full conscience and to fulfill with zeal, diligence, and fidelity the obligations imposed upon you, to strictly conform to the laws, to maintain and observe severe discipline, to scrupulously and punctually obey the orders of your superiors; finally, to observe the most absolute secrecy regarding matters and affairs that ought not to be revealed".

1. The promotions of police officers are managed according to the specific system established within the cantonal police, which takes into account, in particular, the evaluation, training, and selection of candidates. Promotions are based on criteria related to experience, competence, performance, and responsibilities.

2. Promotions fall under the authority of the recruiting and appointing authority.

3. …

1. The salary progression of police officers, excluding cases of promotions, is defined by the Council of State. It is not based on criteria that could cause dysfunctions (such as competition, withholding of information) among police officers or units.

1. When a police officer has performed a particular act of courage or dedication, he is mentioned in dispatches of the corps.

1. Police officers are required, outside of regular working hours, to be on call and on standby duties during which they may be called upon at any time.

2. They are obliged to intervene as necessary, even if they are off duty.

3. They receive an allowance for service inconveniences. The Council of State determines the amount and the terms. The allowance for service inconveniences is secured through professional insurance with the Pension Fund of the State of Vaud.

4. The Council of State also determines the allowances for night work and for work on Sundays and public holidays.

1. The Council of State shall determine by decree [F] the rate of contribution of police officers to the non-occupational health insurance it may enter into with a fund or an insurance company.

2. Benefits may be reduced or eliminated if the illness was intentionally caused or due to gross negligence.

3. It is also the responsibility of the Council of State to define the limits of its contribution to the dental expenses of police officers.

1. In the event of medically certified physical or psychological unfitness, and when the commander of the cantonal police cannot transfer the police officer to another position within the cantonal police, the head of the department may transfer the police officer to another position within the cantonal administration of Vaud, with the support of the Human Resources Service.

2. The salary and social conditions remain unchanged. The provisions of Article 18d regarding total and permanent disability or death apply additionally.

3. Additionally, the provisions of the Personnel Law [B] apply.

1. In case of emergency, the head of the department may order the preventive suspension of a police officer, and the commander of the cantonal police may do the same for other police officials.

2. This measure must be ratified as soon as possible by the appointing and designating authority, which also decides on the maintenance or complete or partial suppression of the salary.

3. The decision of preventive suspension can be contested before the court within the time limit provided by the personnel law [B]. If the suspension is deemed unjustified, it decides on any financial compensation to be paid to the employees.

1. Employment relationships terminate upon

a. resignation;

b. retirement;

c. total and permanent disability or death;

d. termination.

1. During the probationary period, the police officer may resign with two months' notice effective at the end of a month, unless a different agreement is in place.

2. After the probationary period, the police officer may resign with three months' notice effective at the end of a month, unless a different agreement is in place.

1. In the event of retirement, total and permanent disability, or death, the provisions of the law on the personnel of the State of Vaud [B] as well as the provisions governing the Pension Fund of the State of Vaud [G] shall apply.

1. During the probationary period, the head of the department may terminate the contract with two months' notice for the end of a month.

2. After the probationary period, the head of the department may terminate the contract for one of the following reasons

a. proven, serious, or repeated violation of service duties or legal duties;

b. proven unsuitability of the employee other than that mentioned in Article 18, paragraph 1.

1. In the event of a proven, serious, or repeated breach of service duties or legal obligations, termination shall occur with three months' notice at the end of a month.

2. The head of the department may also decide to transfer the concerned employee to another position within the administration.

**1. In the event of proven unfitness of the employee other than that mentioned in Article 18, termination occurs with a notice period of four months at the end of a month. In particular cases, the department head may extend the period up to six months.**

1. Funeral expenses for a police officer who died in the line of duty are paid by the State.

1. Plainclothes police officers identify themselves using their card during official interventions.

2. The uniform serves as identification. However, uniformed officers provide their name and present their card if requested.

1. Police officers have the right to request the identification papers of any person they stop in the interest of their duties.

2. If the person is unable to prove their identity or if further verification is deemed necessary in this regard, they may be taken to a police station or office to be identified.

1. …

2. Persons whose identity is in doubt may be subjected to measures, such as photographing or fingerprinting, appropriate to establish their identity.

3. In the event of the person's refusal, the decision of a police officer is necessary.

4. …

1. Prior to the opening of a criminal investigation by the Public Prosecutor's Office, the cantonal police may conduct preliminary secret inquiries, under the following conditions

a. sufficient suspicion suggests that an offense might be committed;

b. the gravity or specific nature of the targeted offense justifies the use of this method;

c. other means employed until then have not been successful, or conceivable inquiries, if not secret, would have no chance of success or would be excessively difficult.

2. Only a member of the judicial police may conduct preliminary secret inquiries.

3. The commander of the cantonal police may provide the police officer with an assumed identity.

4. The implementation of preliminary inquiries undertaken by the cantonal police is based on an authorization from the Compulsory Measures Court, requested through the Public Prosecutor's Office.

5. Subject to the aforementioned provisions, Articles 141, 151 and 286 to 298 CPP [H] apply by analogy.

1. Before the public prosecutor opens a criminal investigation, the cantonal police may secretly observe persons, objects, and freely accessible places, and make audio and video recordings under the following conditions

a. they have concrete indications suggesting that crimes or misdemeanors might be committed;

b. other forms of investigation would have no chance of success or would be excessively difficult.

2. If preventive observation requires making audio and/or video recordings, the authorization of the public prosecutor is necessary from the moment these means are implemented by the cantonal police. The public prosecutor determines the duration of the measure, which may be renewed.

3. Subject to the aforementioned provisions, Articles 141, 282, and 283 CCP [H] apply by analogy.

1. If it appears that a crime, offense, or serious disorder is occurring in a residence, or if there is a call for help from within, police officers are entitled to enter, using force if necessary, to provide assistance, restore order, and apprehend the perpetrator.

2. The provisions of the Code of Criminal Procedure [I] are reserved.

1. Police officers have access at all times, for the needs of the service, to places, events, and establishments open to the public.

2. ...

1. It is prohibited for a police officer to subject anyone to abuse or ill-treatment. The police may, in the execution of their duties, use force to the extent proportionate to the circumstances, when no other means of action is available.

1. The police are, in principle, armed for their service.

2. The use of weapons is the ultimate means of coercion available to them.

3. It is authorized only in cases of necessity and must be proportionate to the circumstances.

4. Injuries that endanger life must be avoided to the greatest extent possible.

1. The police are required to provide assistance to anyone they have injured.

2. The police officer who has used his weapon shall inform his superiors as soon as possible. He shall submit a detailed report to them addressed to the chief of the cantonal police.

1. When a police officer faces personal risks or risks to their family due to their duties, the commander of the cantonal police shall take necessary measures to protect the individual's personal rights.

2. …

3. …

1. Police officers are not allowed to go on strike.

2. A strike is considered to be any walkout or work stoppage, in any form whatsoever.

1. Associations representing police officers are recognized by the Council of State once their representativeness rate exceeds 40% within the relevant sector or administrative entity of the cantonal police.

2. If recognized professional associations hold a representativeness rate exceeding 50% in their respective sector, they replace the personnel commissions and, as such, benefit from the rights provided by the law on State Personnel of Vaud [B].

3. They are directly involved from the outset in any project aimed at modifying the status of sworn police officers or significantly affecting their social, salary, or professional conditions.

1. Collective labor disputes are resolved through negotiation.

2. In case of negotiation failure, the parties resort to mediation.

3. One or more mediators are appointed by mutual agreement between the parties.

1. In the event of the failure of mediation, the parties shall submit to arbitration proceedings, within the meaning of the law on the prevention and settlement of collective conflicts [J].

2. Depending on the nature and importance of the dispute, the parties shall appoint a sole arbitrator or three arbitrators. In the latter case, each party shall appoint an arbitrator. The two appointed arbitrators shall choose an umpire.

3. The decision of the arbitral tribunal is binding on the parties.

4. The seat of the arbitral tribunal is in Lausanne.

5. Arbitration proceedings are free of charge; any potential costs are borne by the State.

6. The parties shall enter into an arbitration agreement specifically governing the methods of appointment of the arbitrator(s) and the applicable arbitration procedure.

1. The cantonal police comprises

1. a staff and general services;

2. the gendarmerie corps;

3. the criminal police corps.

1. On the recommendation of the commander of the cantonal police, the head of the department appoints the police officers and other officials who make up the staff of the cantonal police.

1. General Services are responsible for activities that concern the entirety of the cantonal police.

2. They are established by decision of the head of the department upon proposal by the commander of the cantonal police. Article 4, paragraph 3 is reserved.

3. General Services are subordinate to the commander of the cantonal police.

4. The gendarmerie and the security police assign the necessary police officers to the general services. These officers remain listed on the records of their respective corps.

1. The gendarmerie corps is organized according to military principles.

2. Unless instructed otherwise, the gendarmerie performs its duties in uniform. The uniform of private security companies must not be confused with that of the gendarmerie or with that of public security assistants.

1. The gendarmerie is responsible, in particular, for

1. law enforcement and order, and specifically traffic police and navigation police;

2. judicial police duties, either alone or in collaboration with the security police;

3. administrative police tasks.

1. Upon proposal of the cantonal police commander, the head of the department determines the organization of the gendarmerie. This shall comprise

1. a staff;

2. specialized services;

3. posts distributed throughout the canton and responsible for general policing.

1. Rental costs for the posts are borne by the State.

2. In single-person posts, they also include the gendarme's apartment.

1. Gendarmes are required to occupy the service housing assigned to them.

2. They receive a housing allowance and, during transfers, a moving allowance whose amount and terms are determined by the Council of State.

1. The security police are responsible for judicial policing.

2. They also have among their duties, in particular

1. preventive policing;

2. administrative police tasks.

1. Upon proposal by the Cantonal Police Commander, the Head of the Department determines the organization of the security police corps.

2. This includes

1. a staff;

2. specialized brigades;

3. technical services not included in general services (Art. 34).

3. The security police perform their duties in civilian attire.

1. The Council of State enacts the implementing provisions of this law [K].

1. The Law on the Organization of the Cantonal Police of May 26, 1943, as amended by the Law of December 17, 1946, by the Law of December 17, 1947 coordinating various Vaud laws with the Law of June 9, 1947 on the General Status of Cantonal Public Functions, by the Law of December 12, 1951 on the Pension Fund of the State of Vaud, and by the Laws of September 8, 1954, and November 19, 1956, is repealed.

1. Within two years from the entry into force of Article 1b, the intervention costs of the cantonal police related to certain events may be subject to an exemption decided by the Council of State.

1. The Council of State is responsible for the publication and execution of the present law.