Administrative Mediation Act (LMA) - Objectives (LMA)

1. The purposes of this Act are

a. to assist users in their relations with authorities and the administration and to act as an intermediary in disputes;

b. to promote the prevention and amicable resolution of conflicts between authorities and the administration on the one hand, and users on the other hand;

c. to encourage authorities and the administration to foster good relations with users;

d. to contribute to improving the functioning of authorities and the administration;

e. to prevent unfounded criticism against authorities and the administration.

1. This Act applies to the following authorities

a. the Cantonal Administration of Vaud;

b. judicial authorities and offices, as well as the Public Prosecutor's Office;

c. natural and legal persons to whom the State entrusts public tasks, in the execution of said tasks.

2. It does not apply to the Grand Council and its organs, the Council of State, the Court of Accounts, and the municipalities.

1. Within the limits and conditions of this law, the activities of the authorities mentioned in Article 2, first paragraph, may be subject to an administrative mediation process.

2. The law does not apply to disputes related to employment relations between the State and its employees.

3. When the mediator is consulted in an area where there is a specialized mediation body dependent on the State, he refers the user to this body.

1. Any designation of person, status, or function in this law applies equally to both women and men.

1. The mediator, with the support of the staff of the Cantonal Administrative Mediation Office, contributes to the implementation of the objectives set forth in Article 1 of this law.

2. He prioritizes the amicable resolution of conflicts and assistance to users as defined in Article 1.

1. The independence of the mediator in carrying out their duties is guaranteed.

1. The Mediator shall be elected for a term of five years by the Grand Council, commencing on January 1st of the year following the renewal of the Grand Council; the Mediator is eligible for re-election.

2. The election shall take place following a preliminary opinion from the Bureau of the Grand Council, which shall consult the Council of State and the Cantonal Court.

3. The election shall be held by absolute majority of valid votes in the first round of voting and by relative majority in the second round, which shall take place immediately; the Bureau of the Grand Council shall determine the other modalities of the election.

4. Before taking office, the Cantonal Mediator shall solemnly make the following promise before the Grand Council

- "You promise to be faithful to the Federal Constitution and to the Constitution of the Canton of Vaud, to maintain and defend the freedom and independence of the country."

- "You promise not to divulge facts of which you become aware in the exercise of your duties and which ought not to be revealed, except at the appropriate time and place."

- "You promise to exercise your duties with conscience, diligence, and fidelity, to have justice and truth before your eyes in all matters discussed, and to fulfill with integrity and accuracy the various functions that the law and its implementing provisions attribute or may attribute to you."

1. Adults who have the exercise of civil rights and have not been convicted of acts contrary to probity or honor may fulfill the role of mediator.

2. Candidates for these positions must demonstrate training and experience in the prevention and resolution of conflicts, and more specifically in mediation.

1. Spouses, registered partners, individuals who have been cohabiting for an extended period, the spouses and registered partners of siblings, as well as individuals who have been cohabiting for an extended period with a brother or sister, direct line relatives up to the third degree inclusive, collateral line relatives, as well as relatives by affinity in the direct line up to the third degree inclusive, in the collateral line, cannot simultaneously serve as a mediator and another as a member of the Council of State, the Cantonal Court, or the Court of Auditors.

2. He/she may not engage in any other activity remunerated by the State.

3. Any activity that may harm the exercise of his/her duties, compromise his/her official position, or hinder his/her independence is prohibited.

1. In the event of the permanent inability of the mediator, the Office of the Grand Council may appoint a person to perform this role on an interim basis.

2. In the event of the temporary inability of the mediator, the Office of the Grand Council may appoint a person to perform this role ad hoc.

1. In the event of a vacancy during the legislative term, a by-election shall be organized within three months from the cessation of activity, for the remainder of the period specified in Article 7.

1. Unless otherwise provided by this law, the mediator is subject to the Law of November 12, 2001, on State Personnel of Vaud [B].

2. The Council of State determines the salary of the mediator.

3. He is affiliated with the Pension Fund of the State of Vaud.

1. The mandatory retirement age, resignation, non-re-election, dismissal, and removal for just cause are the only circumstances that can terminate the mediator's appointment.

2. Article 48 of the Judicial Organization Act of December 12, 1979, [C] applies by analogy.

3. When the mediator is not re-elected through no fault of their own and without entitlement to an immediate pension, they receive an allowance calculated in accordance with Article 60, paragraph 2, of the State Personnel Act of Vaud of November 12, 2001, [B].

1. The provisions of the law on the Judicial Council related to disciplinary oversight apply mutatis mutandis to the ombudsman.

2. The competent authority in disciplinary matters is the Office of the Grand Council; before ordering, either ex officio or upon complaint, the initiation of an administrative investigation, it consults the Council of State and the Cantonal Court.

1. The mediator submits an annual report to the Grand Council, the Council of State, and the Cantonal Court; the report is public.

2. The annual report contains an assessment of the office's activities and may propose any useful improvements to the functioning of the authorities and the administration.

3. It preserves the anonymity of users involved in an intervention by the Office; the same applies, except in exceptional cases, to the employees of the authorities in question.

1. The Ombudsman heads the Cantonal Office of Administrative Mediation (hereinafter: the office), whose staff is determined by the Council of State, after consultation with the Office of the Grand Council and the Cantonal Court.

2. It is administratively attached to the State Chancellery.

1. The office staff are subject to the Act of November 12, 2001, on the State Personnel of Vaud [B].

2. The mediator is an appointing authority within the meaning of Article 18 of the Act of November 12, 2001, on the State Personnel of Vaud.

1. The mediator may delegate part of his or her tasks to one or more assistants.

2. They can, in particular, conduct an entire mediation, under his or her supervision and responsibility.

1. Any natural or legal person, as well as any authority, may submit an oral or written request to the mediator, indicating its subject matter and the identity of the author.

2. Upon receipt of a request, the mediator verifies whether the subject matter falls within the scope of application of the present law; if not, the mediator explains their position to the author of the request, typically offering the possibility of a hearing. The mediator may direct the author of the request to a structure not dependent on the State.

3. If necessary, the mediator may require that an oral request be specified in writing.

4. Furthermore, the mediator is free to decide on the actions to take regarding the requests received, within the limits of the present law. The mediator may collaborate with any competent structure not dependent on the State.

1. When the mediator decides to proceed with a request, they inform the relevant authority and the user, who then provide any useful information for processing the mediation request.

2. The mediator informs the parties of any potential privileged connection that could compromise the quality of the mediation.

1. The authority that has received a recommendation from the mediator shall provide, within a period of three months, a report on the actions taken and briefly justify its position.

2. The mediator may extend the period if the circumstances justify it.

1. The office provides its services free of charge.

1. The mediator and all office staff are required to maintain confidentiality regarding all information they have become aware of in the course of their duties.

2. This obligation persists after the termination of their functions.

3. The breach of this confidentiality is punishable according to Article 320 of the Swiss Criminal Code [D].

1. Acts issued by the office are not subject to appeal.

1. When the mediator is approached with a situation concerning the cantonal administration or delegates of public duties, he may act outside of any administrative procedure, within the framework of an ongoing administrative procedure, or after the closure of an administrative procedure.

2. His intervention does not suspend ongoing time limits, nor does it affect the consequences of a decision made by the authority. It does not replace the actions that must be undertaken by the parties to preserve their rights and obligations.

3. The competent authority remains free in its decision.

1. Once seized of a matter, the mediator may undertake all inquiries and investigations deemed justified with the aim of

a. enabling them to ascertain the facts;

b. allowing the persons and authorities concerned to communicate;

c. enabling them to assess the criticized measure, in terms of its legality, appropriateness, and fairness, as well as the amiability of the reported conduct.

1. From the outset, the mediator may, without being opposed by official secrecy or public or private interests that are not overriding

a. at any time request oral or written information and demand access to the files subject to mediation;

b. speak with third parties whose hearing is necessary;

c. conduct visits to the authorities;

d. in exceptional cases, request expert opinions for matters whose evaluation requires particular knowledge.

1. To the extent possible, the Ombudsman shall seek with the individuals and authorities concerned a solution likely to satisfy them and, if necessary, to eliminate the dysfunctions of the authorities.

2. Based on the results of his examination, the Ombudsman may, at his discretion

a. give advice to the person who referred the matter to him;

b. take a position;

c. make an oral or written recommendation to the authorities concerned;

d. inform hierarchical superiors or other concerned authorities.

3. However, the Ombudsman does not have the power to issue instructions, make decisions, suspend them, or modify their content.

1. When the mediator's action involves judicial authorities and offices, and the Public Prosecutor's Office, they act with consideration for the particular nature of judicial activities and in respect of the principles of the independence of the judiciary and the separation of powers.

1. When dealing with a case concerning judicial authorities and offices or the public prosecutor, the mediator's role is confined to fostering a better understanding among the parties involved regarding the actions of these authorities; the aim is informational.

2. Mediation must not aim to alter or review the substance of judicial decisions, nor to exert any influence over them.

3. The mediator's intervention does not pause any ongoing deadlines within the framework of a judicial procedure and does not suspend the effects of a decision issued by the authority. It does not replace any actions that must be undertaken by the parties to safeguard their rights and obligations.

1. Access to files is granted to the ombudsman to the extent necessary to allow them to explain the decisions affecting the concerned individuals and, if applicable, to form an opinion on the alleged conduct.

2. Judges and employees of the relevant authorities and offices must provide all useful information to the ombudsman for this purpose.

1. Based on his examination, the mediator provides the user with useful information and informs the authority concerned.

2. Outside of pending judicial proceedings, the mediator may, at his own discretion

a. make an oral or written recommendation to the person and authorities concerned;

b. inform the Cantonal Court by making proposals.

1. The first election of the mediator shall occur as soon as possible after the entry into force of this law for a term lasting until the end of the period stipulated in Article 7.

2. The cases handled by the Cantonal Offices of Administrative Mediation and Mediation in Judicial Administration are transferred to the mediator upon their assumption of office.

1. The Council of State is responsible for the execution of the present law. It shall publish the text in accordance with Article 84, paragraph 1, letter a of the cantonal Constitution and shall determine, by order, the date of its entry into force.