Implementing Regulation of the Act of 27 March 2007 on Prefects and Prefectures (RLPréf) - Principle (RLPRÉF)

1. The department to which the prefects and prefectures are administratively attached (hereinafter: the department) [B] is responsible for the application of the law on prefects and prefectures (hereinafter: the law) [A] and the present regulation.

2. The department may delegate all or part of its powers to the service in charge of relations with prefects and prefectures (hereinafter: the service). Article 67 of the law of February 11, 1970, concerning the organization of the Council of State [C] is reserved.

1. The Council of State decides on the number of prefects.

1. The service decides, after consultation with the prefects, on the number and distribution of administrative personnel in the prefectures across the districts. It takes into account the workload of each prefecture.

2. Articles 18 of the law of November 12, 2001, on the personnel of the State of Vaud [D] and 32 of its implementing regulation of December 9, 2002 [E] are reserved.

1. The Council of State assigns each prefect to a district.

2. The Council of State may designate prefects who have the competence to regularly perform their functions in multiple districts.

1. The prefect who does not reside in the district to which they are assigned must establish domicile there within the period set by the Council of State.

2. When exercising jurisdiction in several districts, the prefect must have their domicile in one of them.

3. The prefect who wishes to maintain domicile outside the district or districts in which they perform their duties must submit a request to the department for review and forward it to the attention of the Council of State.

1. The Council of State is the competent authority for the appointment of prefects, as well as for setting their remuneration.

1. In the event of non-renewal of his appointment, the prefect shall be entitled to the following indemnity

a. three months' salary when his appointment has lasted from one to five years;

b. six months' salary when his appointment has lasted from six to ten years;

c. nine months' salary when his appointment has lasted from eleven to fifteen years;

d. twelve months' salary when his appointment has lasted for more than sixteen years.

2. "Salary" shall mean the last gross annual salary received by the prefect.

1. The Council of State designates a delegation that includes the head of the department to which the prefects and prefectures are administratively attached.

1. The Delegation of the Council of State (hereinafter: the Delegation) shall appoint a recruitment commission (hereinafter: the Commission) responsible for preparing the examination of applications.

1. The Council of State announces the positions of prefects for competition.

2. It may delegate this task. Article one, paragraph 2 above is applicable for the rest.

1. The commission reviews the application files.

2. It then submits the list of candidates to the delegation and proposes the files to be retained for the next step of the procedure.

1. The committee hears the candidates selected by the delegation.

2. The prefects designate a representative from among them who attends the hearing.

1. The commission drafts a report at the conclusion of the hearings.

2. Based on these reports, the delegation selects candidates with the desired profiles.

1. The selected candidates participate in tests and interviews with the personnel department of the State of Vaud [B].

2. The candidates' files are then forwarded to the commission.

1. The commission forwards the files to the delegation.

2. Before forwarding the files, it may hear the candidates again.

1. Based on the files received from the commission, the delegation hears the candidates.

2. It then proposes the candidates who have the desired profile to the Council of State and forwards their files to it.

1. Based on the submitted files and the delegation's proposals, the Council of State proceeds with the appointment.

1. The first evaluation interview must take place before the end of the first year of service.

2. The second interview must take place no later than during the year preceding the renewal of the Council of State.

1. The delegation conducts the performance review.

1. The appraisal interview is conducted particularly based on the description of duties and the objectives set for the prefect by the Council of State.

2. During the appraisal interview, the delegation may establish new objectives. To do this, it relies on an individual report prepared by the department.

3. The delegation may decide to have the prefect undergo additional or ongoing training.

1. The performance review form is signed by the members of the delegation and by the prefect.

2. It is drawn up in a single copy delivered to the department. A signed copy is sent to the prefect.

1. The Council of State may authorize a prefect to work part-time.

2. The Council of State only authorizes the prefect to engage in an activity mentioned in Article 13, paragraph 2 of Law [A], or to hold a public office, if the exercise of this activity does not risk causing a conflict of interest with the State and if it is compatible with the duties of a prefect.

3. The Council of State may withdraw the authorization at any time.

1. Public Mandates are those mandates entrusted to the Prefect by the Council of State.

1. Any department wishing to confer a mandate to a prefect shall submit a request to the Council of State, which decides upon the department's advisory opinion.

1. Public mandates are revocable at any time. They are generally of a fixed duration.

2. When the prefect asserts his retirement rights during his term, the department proposes a reallocation of the mandates to the Council of State, which makes the decision.

1. Private mandates are all those mandates that do not fall under the definition of Article 23, paragraph 1, above.

1. The Council of State may, under the conditions set out in Article 22, paragraph 2 above, authorize the Prefect to exercise private mandates. Before rendering its decision, the Council of State shall examine that

a. the nature of the activity of the private mandate whose exercise is contemplated is not likely to cause a conflict of interest with the State;

b. the workload represented by the mandate does not prejudice the exercise of the Prefect's function.

2. The request for the exercise of a mandate must be submitted to the department. It must indicate the type, purpose, and duration of the mandate, as well as the designation of the principal and an estimate of the time required to exercise the mandate. When the principal is a legal entity, its articles of association must be appended to the request.

3. The Council of State may withdraw the authorization at any time.

1. Before the commencement of their term, the prefect must remind in writing their principal that they perform their mission under their sole responsibility, in a private capacity and not as a representative of the Council of State.

1. The prefect must inform the Council of State, through the service, when their mission or duration comes to an end, as well as of any changes occurring in the execution of the mandate.

1. The Prefect shall present, in his annual report, a list of the mandates entrusted to him. This list must contain the following information

a. nature, object, and duration of the mandates;

b. designation of the principal;

c. time dedicated to the exercise of each mandate;

d. activity report.

2. The list of mandates shall be published. The Council of State shall choose the mode of publication.

1. When the prefect receives remuneration in the exercise of a public mandate within the meaning of Article 23, paragraph 1 above, Article 12 of the Act of May 17, 2005, concerning the participation of the State and municipalities in legal entities [F] is applicable.

1. The Council of State shall designate a responsible prefect for each prefecture comprising more than one prefect.

2. In addition to his other legal and regulatory powers, the responsible prefect shall notably perform the following tasks

a. he shall ensure the proper functioning of the prefecture, particularly compliance with legal and regulatory deadlines;

b. he shall allocate the workload among sectors, administrative staff, and, where applicable, among the prefects;

c. he shall supervise the management of administrative staff, in collaboration with the department, particularly regarding working hours and leave;

d. he shall supervise and approve the accounting and its supporting documents;

e. he shall manage logistics and operational matters, particularly counter opening hours, housekeeping, and the commissary;

f. he shall coordinate, with other responsible prefects and prefects, the necessary support and replacements within the prefectures;

g. he shall ensure good collaboration and coordination with other state offices and communal offices operating in the district;

h. he shall ensure, in collaboration with the other responsible prefects, the prefects, and the department, the harmonization of procedures, tariffs, and practices across all prefectures;

i. he shall draft the annual report.

3. In prefectures without a responsible prefect, the prefect shall exercise the above tasks.

1. Upon notice from the responsible prefect, or in their absence from the prefect, the service designates an administrative head of the prefecture.

2. The administrative head performs, under the responsibility of the responsible prefect, or in their absence from the prefect, notably the following tasks

a. they handle the general administrative management of the prefecture;

b. they assist the responsible prefect in the management of administrative staff;

c. they oversee, in collaboration with the employing authority, the supervision of employees and trainees;

d. they supervise, under the responsibility of the responsible prefect, the training of employees and trainees;

e. they assist the prefects in the exercise of their powers;

f. they assist the responsible prefect regarding necessary support and replacements with other prefectures.

3. The responsible prefect, or in their absence the prefect, may entrust them with other tasks within the limits of the law and regulations.

1. The senior prefects and prefects shall coordinate their vacation dates and planned absences so that

a. in districts where two or more prefects hold office, the prefecture always benefits from the presence of at least one prefect;

b. in districts where only one prefect holds office, this prefect shall be replaced by a prefect from a district as mentioned in subparagraph a) above in case of vacation or absence.

2. The senior prefects and prefects shall communicate their vacation dates and planned absences to the service in advance.

3. Under the responsibility of the senior prefect, or failing that, the prefect, the administrative manager shall coordinate the vacation dates and planned absences of the administrative staff.

1. The regulation of November 24, 2004, implementing the law of May 29, 1973, on prefects is repealed.

1. The department is responsible for the enforcement of this regulation, which comes into effect on January 1, 2008.