175.11 LC CH-VD

Act on Municipalities (LC) - Designation [ 21 ] (LC)

232 Articles / Provisions · Canton of Vaud — Cantonal Legislation

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Table of Provisions (232)

Art. 1 LC - Designation [ 21 ] Art. 1a LC - Conditions for Establishing a Municipal or General Council [ 21, 36 ] Art. 2 LC - Attributions [ 5 ] Art. 2a LC - Taking Charge of Movable Items Left by Evicted Tenants - Principle [ 35 ] Art. 2b LC - Modalities [ 35 ] Art. 3 LC Art. 3a LC - [ 6, 21 ] Art. 3b LC - Terminology [ 33 ] Art. 4 LC Art. 5 LC Art. 6 LC Art. 7 LC Art. 8 LC - [ 10 ] Art. 9 LC - Oath Art. 10 LC - Office [ 21 ] Art. 11 LC Art. 12 LC - [ 21, 25 ] Art. 13 LC - Convocation Art. 14 LC Art. 15 LC - Quorum [ 33 ] Art. 15a LC - Advertising [ 33 ] Art. 16 LC - Indemnities [ 15 ] Art. 17 LC - [ 9, 21 ] Art. 22 LC - Oath Art. 23 LC - Office Art. 24 LC - Convocation Art. 25 LC Art. 26 LC - Quorum [ 21 ] Art. 27 LC - Advertising [ 33 ] Art. 28 LC - Communal Staff [ 21 ] Art. 29 LC - Indemnities [ 15 ] Art. 30 LC - Rights of Councilors and the Municipality Art. 31 LC Art. 32 LC - Right of Initiative of Council Members [ 33 ] Art. 33 LC - Procedure [ 21, 33 ] Art. 34 LC Art. 34a LC - Simple Question or Wish [ 33 ] Art. 34b LC - Petitions [ 33 ] Art. 34c LC - Procedure [ 33 ] Art. 34d LC Art. 34e LC Art. 35 LC - Right of Initiative of the Municipality [ 33 ] Art. 35a LC - Discussion [ 33 ] Art. 35b LC Art. 40a LC Art. 40b LC - Political Groups [ 33 ] Art. 40c LC - Right to Information of Members of the General or Municipal Council [33] Art. 40d LC - Duty of Confidentiality [ 33 ] Art. 40e LC - Commissions [ 33 ] Art. 40f LC Art. 40g LC - Operation [ 33, 34 ] Art. 40h LC - Right to Information of Commission Members [33] Art. 40i LC - Duty of Confidentiality of Commission Members Art. 40j LC - Recusal [ 33 ] Art. 41 LC Art. 42 LC - [ 33 ] Art. 43 LC - [ 22 ] Art. 44 LC Art. 45 LC Art. 46 LC Art. 47 LC - Name [ 7, 21 ] Art. 48 LC - Quality [ 21, 25 ] Art. 49 LC Art. 50 LC - [ 21, 25 ] Art. 51 LC Art. 52 LC - [ 21 ] Art. 52a LC - [ 33 ] Art. 52b LC Art. 62 LC - Oath Art. 63 LC - Organization [ 21, 33 ] Art. 64 LC - Sessions [21, 33] Art. 65 LC - Quorum Majorities Art. 65a LC - Recusal [ 21, 33 ] Art. 65b LC - Collegiality [ 33 ] Art. 66 LC - Division of the Municipality Art. 67 LC - Acts of the Municipality Art. 68 LC Art. 69 LC - Reports and Complaints [ 33 ] Art. 70 LC - [ 3, 33 ] Art. 71 LC - [ 27 ] Art. 71a LC - Acts of the General or Municipal Council [ 33 ] Art. 72 LC Art. 73 LC Art. 74 LC Art. 75 LC Art. 76 LC Art. 77 LC Art. 81 LC Art. 82 LC Art. 83 LC - Installation [7, 33] Art. 85 LC Art. 86 LC - Role of the Prefect Art. 87 LC Art. 88 LC - Oath Art. 89 LC Art. 90 LC - [ 33 ] Art. 91 LC - [ 21 ] Art. 92 LC - [ 7, 21 ] Art. 93 LC - Delivery of Documents Art. 93a LC - [ 6 ] Art. 93b LC - [ 6, 18 ] Art. 93c LC - [ 6, 18, 33 ] Art. 93d LC - [ 6, 18, 33 ] Art. 93e LC - [ 6, 18, 33 ] Art. 93f Labor Code Art. 93g LC Art. 93h LC Art. 93i LC - Internal Control [ 33 ] Art. 94 LC Art. 95 LC - Incompatibilities Art. 96 LC - [ 21 ] Art. 97 LC - Obligation of Residence [ 21, 33 ] Art. 98 LC - Sanctions Art. 99 LC Art. 100 LC Art. 100a LC Art. 103 LC - [ 2, 33 ] Art. 104 LC - Territorial Limits [6] Art. 104a LC - b) Riparian Communities of a Watercourse [ 6 ] Art. 104b LC - c) Riparian Communes of a Lake [ 6 ] Art. 104c LC - Modification of Limits [ 6 ] Art. 104d LC Art. 104e LC - b) Modifications by Decision of the Cantonal Authority [ 6 ] Art. 104f LC Art. 104g LC - [ 6 ] Art. 104h LC - c) Compensation [6] Art. 104i LC - d) Provisional Measures [6] Art. 105 LC - [ 6 ] Art. 106 LC - Division Art. 107a LC - Principles [ 14, 21 ] Art. 107b LC Art. 109a LC - Definition [ 33 ] Art. 110 LC - Content and Approval [6, 14, 33] Art. 110b LC - Rules of Majority Art. 110c LC - [ 14, 33 ] Art. 110d LC - Duty to Cooperate [ 21 ] Art. 111 LC Art. 112 LC Art. 113 LC - Approval [ 33 ] Art. 114 LC - Applicable Law [ 33 ] Art. 115 LC - Statutes [ 6, 14, 21, 33 ] Art. 116 LC - Organs [ 14, 21, 33 ] Art. 117 LC - Intercommunal Council [ 14 ] Art. 118 LC Art. 119 LC Art. 120 LC - Right to Vote [ 14 ] Art. 120a LC Art. 121 LC - Management Committee [ 14 ] Art. 122 LC Art. 123 LC - [ 6 ] Art. 124 LC Art. 125 LC - Accounts, Budget, Management [6, 14] Art. 125a LC - [ 14 ] Art. 125b LC - [ 14 ] Art. 125c LC Art. 126 LC - Amendment of the Articles of Association [6, 14, 21, 33] Art. 126a LC - Overriding Regional Interest [ 14 ] Art. 127 LC - Dissolution [ 6, 33 ] Art. 128 LC - Intercantonal Association of Municipalities [ 6, 14 ] Art. 128a LC - Principle [ 6, 21 ] Art. 128b LC Art. 128c LC - Specificities [ 21 ] Art. 128d LC - Bodies and Composition [ 21 ] Art. 128e LC - Financing [21] Art. 128f LC - Participation in an Association of Municipalities Art. 128g LC - Principle [21] Art. 128h LC - Organs [ 21 ] Art. 128i LC - Applicable Law [ 21 ] Art. 128j LC Art. 128k LC - Creation and Dissolution [ 21 ] Art. 129 LC Art. 130 LC Art. 131 LC Art. 132 LC Art. 133 LC - Voters Art. 134 LC - Organs Art. 135 LC Art. 136 LC Art. 137 LC - Power of Supervision [ 21 ] Art. 138 LC - Supervisory Bodies Art. 139 LC Art. 139a LC - [21] Art. 139b LC - Suspension and Revocation [ 21, 33 ] Art. 140 LC Art. 140c LC - [ 16, 33 ] Art. 141 LC Art. 142 LC - Real Estate [ 6, 21 ] Art. 143 LC - Loans [ 21 ] Art. 144 LC - Sanctions [ 6 ] Art. 145 LC - Appeals [ 12, 33 ] Art. 146 LC - [Translation of the title here in English] Art. 147 LC - State Oversight of Intermunicipal Collaborations and Municipal Fractions [ 21 ] Art. 148 LC Art. 149 LC - [ 13, 33 ] Art. 150 LC - Motives [ 21 ] Art. 151 LC Art. 152 LC - Management Council and Manager Art. 153 LC Art. 154 LC - Jurisdiction Art. 155 LC Art. 156 LC Art. 157 LC Art. 158 LC - Role of the Management Board Art. 159 LC - Role of the General or Municipal Council Art. 160 LC Art. 161 LC Art. 162 LC - Intervention of the Council of State Art. 163 LC Art. 164 LC - Lifting of the Management Art. 165 LC Art. 166 LC Art. 167 LC - Control Commission and Commissioner Art. 168 LC Art. 169 LC Art. 170 LC Art. 171 LC - Role of the Control Commission Art. 172 LC Art. 173 LC - Role of the General or Communal Council Art. 174 LC Art. 175 LC - Intervention of the State Council Art. 176 LC Art. 177 LC Art. 178 LC Art. 179 LC - Appeal Art. 180 LC Art. 181 LC - Referendum Art. 182 LC - Liability [ 2, 21 ] Art. 183 LC - [ 32 ] Art. 183bis LC - [ 1 ] Art. 183ter LC - [ 33 ] Art. 187 LC Art. 188 LC

Statutory Text (232 Provisions)

Chapter I

Art. 1 Act on Municipalities (LC) - Designation [ 21 ] Official ↗

1. The communal authorities are

a. the general or communal council;

b. the municipal executive;

c. the mayor.

2. The Law on the Exercise of Political Rights (LEDP) [A] governs communal elections and the filling of seats during the legislative term.

Chapter I

Art. 1a Act on Municipalities (LC) - Conditions for Establishing a Municipal or General Council [ 21, 36 ] Official ↗

1. In each municipality with a population not exceeding 1,000 inhabitants, there is a general council, and in each municipality with a population exceeding 1,000 inhabitants, there is a municipal council.

2. Municipalities with a population not exceeding 1,000 inhabitants may replace their general council with a municipal council by decision of the general council made no later than June 30 of the year preceding the full renewal of the municipal authorities.

3. The most recent published annual cantonal census is used as a reference.

4. A municipality resulting from a merger of municipalities with a population exceeding 1,000 inhabitants may retain a general council until the end of the legislative term following the merger if the merger agreement provides for it.

Chapter I

Art. 2 Act on Municipalities (LC) - Attributions [ 5 ] Official ↗

1. The communal authorities exercise the powers and perform the tasks inherent to them, within the framework of the cantonal constitution and legislation.

2. These inherent powers and tasks include, notably

a. the organization of the communal administration;

b. the administration of communal property and special purpose funds;

c. the administration of public domain, road maintenance services, and, within the limits of the special law [B], traffic police;

d. measures to ensure public order and tranquility, as well as public health;

e. fire fighting;

f. tasks assumed by the commune at its exclusive expense, for example, industrial services;

g. the granting of communal citizenship;

h. the determination of communal contributions and taxes.

Chapter I

Art. 2a Act on Municipalities (LC) - Taking Charge of Movable Items Left by Evicted Tenants - Principle [ 35 ] Official ↗

1. Pursuant to Article 2, paragraph 2, letter d, the municipality has the duty to temporarily take charge of movable property left by tenants in premises from which they have been evicted.

2. All resulting costs, including removal, transportation, storage, sale, or destruction costs, shall be borne by these tenants.

Chapter I

Art. 2b Act on Municipalities (LC) - Modalities [ 35 ] Official ↗

1. The municipality shall summon in writing the evicted tenants to retrieve their belongings at the earliest possible time and inform them that if not retrieved, after at least six months, the items may be sold, or if they have no commercial value, destroyed or left at the disposal of the municipality. The municipality may set a shorter period if the storage costs are particularly high, if the items are likely to depreciate rapidly, or for other compelling reasons.

2. Once the storage period has expired, the municipality may order the sale of the belongings or, if they have no commercial value, their destruction or placement at the disposal of the municipality. It shall notify its decision to the evicted tenants.

3. The municipality shall notify the evicted tenants with a decision setting out the amount of expenses payable by them after the belongings have been retrieved, sold, or destroyed.

4. The evicted tenants are entitled to the restitution of the proceeds from the sale, after deducting the costs set according to paragraph 3. This right expires five years after the sale.

5. If the address of the evicted tenants is unknown, communications intended for them shall be made through publication in the Official Bulletin.

Chapter I

Art. 3 Act on Municipalities (LC) Official ↗

1. The municipal authorities, on the other hand, execute the tasks delegated to them by the cantonal and federal constitution and legislation.

Chapter I

Art. 3a Act on Municipalities (LC) - [ 6, 21 ] Official ↗

1. Except where otherwise provided by law, municipalities may entrust the execution of their public law obligations to a third party or to a legal entity under private or public law, subject to the authorization of the general or municipal council and the Council of State.

Chapter I

Art. 3b Act on Municipalities (LC) - Terminology [ 33 ] Official ↗

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

Chapter II

Art. 4 Act on Municipalities (LC) - Powers [ 4, 6, 19, 21, 33 ] Official ↗

1. The general or communal council deliberates on

1. the control of management;

2. the draft budget and accounts;

3. proposals for extra-budgetary expenditures;

4. the draft tax assessment decree;

5. ...

6. the acquisition and alienation of real estate, real estate rights, and shares or equity interests in real estate companies. Article 44, item 1, is reserved. The council may grant the municipality general authorization to decide on alienations and acquisitions by setting a limit;

6bis. the formation of commercial companies, associations, and foundations, as well as the acquisition of participations in commercial companies and adherence to such entities. For such acquisitions or adherence, the council may grant the municipality a general authorization, item 6 applying by analogy. Such general authorization is excluded for companies and other entities referred to in Article 3a;

7. the authorization to borrow and guarantees, the council being able to leave the choice of timing and the determination of borrowing terms to the municipality;

8. the authorization to litigate (subject to general authorizations that may be granted to the municipality);

9. the status of communal employees and the basis of their remuneration;

10. investments (purchases, sales, reinvestments) of securities that are not within the competence of the municipality by virtue of Article 44, item 2;

11. the acceptance of legacies and donations (unless they are not subject to any condition or charge), as well as the acceptance of successions, which must first have been submitted for the benefit of inventory. For such acceptances, the council may grant the municipality a general authorization, item 6 applying by analogy;

12. the reconstruction of buildings and new constructions, as well as the demolition of buildings;

13. the adoption of regulations, subject to those that the council has left within the competence of the municipality.

2. The delegations of powers provided for in items 6, 6bis, and 8 are granted for the duration of the legislative period and until December 31 of the year of the full renewal of the communal authorities, unless they are included in a regulation adopted by the council. These decisions are subject to referendum. The municipality must report, when presenting its management report, on its exercise of these powers.

Chapter II, Section I

Art. 5 Act on Municipalities (LC) - Quality [ 21 ] Official ↗

1. To be admitted to the general council, one must be a domiciled elector in the municipality and have taken an oath.

2. The term of office of the members of the general council corresponds to the legislature.

Chapter II, Section I

Art. 6 Act on Municipalities (LC) - [ 17, 36 ] Official ↗

1. Municipalities with a general council shall prepare and keep updated the list of members of this council.

2. A member of the general council who misses two consecutive meetings of the general council without a valid reason is considered to have resigned.

Chapter II, Section I

Art. 7 Act on Municipalities (LC) - [ 10, 17 ] Official ↗

1. When they meet the conditions of Article 5 above, the municipality informs the new citizens that they have the right to sit on the general council.

Chapter II, Section I

Art. 8 Act on Municipalities (LC) - [ 10 ] Official ↗

1. Claims related to the loss or acquisition of membership in the general council are brought before the municipality, with an appeal to the Council of State. The provisions of the LEDP [A] apply by analogy.

Chapter II, Section I

Art. 9 Act on Municipalities (LC) - Oath Official ↗

1. Before taking office, the members of the General Council shall take the following oath

- "You promise to be faithful to the Federal Constitution [C] and to the Constitution of the Canton of Vaud [D], to uphold and defend the liberty and independence of the country."

- "You promise to exercise your office with conscience, diligence, and fidelity, to contribute to the maintenance of public order, safety, and tranquility, to have justice and truth before your eyes in all matters discussed, to ensure the preservation of communal property, and to fulfill with integrity and exactitude the various functions that the law attributes or may attribute to you."

Chapter II, Section I

Art. 10 Act on Municipalities (LC) - Office [ 21 ] Official ↗

1. The General Council shall appoint annually from among its members

a. a president;

b. one or two vice-presidents;

c. two tellers and two alternates.

2. It shall appoint its secretary for the duration of the legislature, who may be chosen from outside the council.

3. It shall define the composition of the bureau, which shall include at a minimum the president and the two tellers.

Chapter II, Section I

Art. 11 Act on Municipalities (LC) - [33] Official ↗

1. The president, the vice-president(s), and the secretary are appointed by individual secret ballot; the tellers are elected by list ballot, as are their substitutes. These elections take place by absolute majority in the first round and by relative majority in the second round.

2. In the event of a tie in votes, the decision is made by drawing lots.

3. When the number of candidates equals the number of seats to be filled, the election may occur tacitly. This is recorded in the minutes.

Chapter II, Section I

Art. 12 Act on Municipalities (LC) - [ 21, 25 ] Official ↗

1. The municipal secretary is not eligible for the various positions mentioned in Article 10. However, he may be elected as the secretary of the general council.

2. The positions of president and secretary of the general council cannot simultaneously be held by spouses, registered partners, or individuals who are living as a de facto couple, as well as by direct ascendants or descendants by blood or marriage, including siblings.

Chapter II, Section I

Art. 13 Act on Municipalities (LC) - Convocation Official ↗

1. The general council may only assemble when it has been legally convened.

2. The convocation must contain the agenda. The agenda is established in agreement between the municipality and the council office (president and syndic).

3. The municipality notifies the prefect of the session and communicates the agenda to him.

4. No vote on the substance may take place on an item not included on the agenda.

Chapter II, Section I

Art. 14 Act on Municipalities (LC) Official ↗

1. The general council is convened in writing by its president, failing which by its vice-president or, in the case of their impediment, by one of the members of the bureau. This convocation occurs at the request of the municipality or one-fifth of the council members.

2. The council may grant its president the right to convene it on his own initiative, with notice to the municipality.

3. The convocation must be sent at least 5 days in advance, except in urgent cases.

Chapter II, Section I

Art. 15 Act on Municipalities (LC) - Quorum [ 33 ] Official ↗

1. The general council can only deliberate if the members present constitute one-third of the total number of its members.

2. …

3. …

Chapter II, Section I

Art. 15a Act on Municipalities (LC) - Advertising [ 33 ] Official ↗

1. General Council meetings are public.

2. The assembly may decide to hold a closed session for just reasons, particularly in the presence of a public interest or overriding private interests.

3. In the event of a closed session, any person not holding an official position in the room must withdraw.

4. In the event of a closed session, those present are bound to confidentiality regarding the deliberations.

Chapter II, Section I

Art. 16 Act on Municipalities (LC) - Indemnities [ 15 ] Official ↗

1. Upon the proposal of the municipality, the general council sets the indemnities for the syndic and the members of the municipality.

2. Upon the proposal of the bureau, it sets those for the council members, the council secretary, and, if applicable, the bailiff.

3. This decision is made, in principle, at least once per legislature.

Chapter II, Section II

Art. 17 Act on Municipalities (LC) - [ 9, 21 ] Official ↗

1. The number of members of the communal council is determined according to the population size of the commune resulting from the annual census.

2. The following scale fixes the number

Population Minimum Maximum

Up to 1,000 inhabitants 25 45

1,001 to 5,000 35 70

5,001 to 10,000 50 85

10,001 and more 70 100

3. The communal council may modify the number of its members no later than June 30 of the year preceding the complete renewal of the communal authorities.

Chapter II, Section II

Art. 22 Act on Municipalities (LC) - Oath Official ↗

1. Before assuming office, the members of the municipal council shall take the oath prescribed by Article 9 of this Act.

Chapter II, Section II

Art. 23 Act on Municipalities (LC) - Office Official ↗

1. Articles 10, 11, and 12 of this law regarding the formation of the board of the general council are applicable to the municipal council.

Chapter II, Section II

Art. 24 Act on Municipalities (LC) - Convocation Official ↗

1. The municipal council may only convene when it has been lawfully summoned.

2. The summons must include the agenda. This is established by agreement between the municipality and the council office (chairperson and syndic).

3. The municipality informs the prefect of the meeting and provides them with the agenda.

4. No substantive vote may take place on a matter not listed on the agenda.

Chapter II, Section II

Art. 25 Act on Municipalities (LC) Official ↗

1. The municipal council is convened in writing by its president, or alternatively by its vice-president, or, in the event of their inability, by any member of the board. This convocation takes place at the request of the municipality or one-fifth of the council members.

2. The council may grant its president the right to convene the council on his own initiative, with notice to the municipality.

3. The convocation must be sent at least 5 days in advance, except in urgent cases.

Chapter II, Section II

Art. 26 Act on Municipalities (LC) - Quorum [ 21 ] Official ↗

1. The municipal council can only deliberate if the members present constitute the absolute majority of the total number of its members.

2. …

Chapter II, Section II

Art. 27 Act on Municipalities (LC) - Advertising [ 33 ] Official ↗

1. The sessions of the municipal council are public.

2. The assembly may decide to hold a closed session for valid reasons, particularly in the presence of a public interest or overriding private interests.

3. In the event of a closed session, any person who does not hold an official position in the room must withdraw.

4. In the event of a closed session, the persons present are obliged to maintain the confidentiality of the deliberations.

Chapter II, Section II

Art. 28 Act on Municipalities (LC) - Communal Staff [ 21 ] Official ↗

1. Municipal staff may be part of the municipal council with the exception of senior employees.

2. The regulation on the status of municipal staff, or failing that, the employment contract, specifies the senior functions as referred to in the first paragraph.

Chapter II, Section II

Art. 29 Act on Municipalities (LC) - Indemnities [ 15 ] Official ↗

1. On the proposal of the municipality, the communal council sets the compensation for the syndic and the members of the municipality.

2. On the proposal of the bureau, it sets the compensation for the members of the council, the president, and the secretary of the council and, where applicable, the bailiff.

3. This decision is made, in principle, at least once per legislature.

Chapter II, Section III

Art. 30 Act on Municipalities (LC) - Rights of Councilors and the Municipality Official ↗

1. At the general or municipal council, the right of initiative belongs to any member of the assembly, as well as to the municipality.

Chapter II, Section III, Subsection I

Art. 31 Act on Municipalities (LC) - [21, 33] Official ↗

1. Each member of the general or communal council may exercise their right of initiative

a. by submitting a postulate, meaning by inviting the municipality to study the advisability of taking a measure or making a proposal in a particular area and to draw up a report;

b. by submitting a motion, meaning by instructing the municipality to present a study on a specific subject or a draft decision within the competence of the general or communal council;

c. by proposing themselves a draft regulation or an amendment to a regulation or part of a regulation or a draft decision within the competence of the council.

Chapter II, Section III, Subsection I

Art. 32 Act on Municipalities (LC) - Right of Initiative of Council Members [ 33 ] Official ↗

1. When a member wishes to exercise their right of initiative, they submit their proposal in writing to the president.

2. The proposal is developed during the current session or at the next session.

3. The general or communal council examines whether the proposal is admissible. The regulations of the general or communal council specify the procedure to be followed.

4. The proposal is notably not admissible when

a. its content does not correspond to its title, is incomplete, or does not allow the municipality to make a decision on the required measures, study, or project;

b. it is drafted in incomprehensible, inappropriate, abusive, or illegible terms;

c. it is not signed;

d. its object is unlawful, impossible, or contrary to public morals;

e. it is contrary to higher law, the principle of unity of rank, the principle of unity of form, or the principle of unity of subject matter; or

f. it concerns a competence that does not fall within the powers of the municipal authority concerned by the type of proposal, or a competence exhaustively attributed by law to a cantonal or federal authority.

Chapter II, Section III, Subsection I

Art. 33 Act on Municipalities (LC) - Procedure [ 21, 33 ] Official ↗

1. After hearing the author of the proposal, the municipality, and the president on the proposal, the council shall rule immediately after deliberation.

2. The council may either

a. refer the proposal to a committee for consideration, tasked with issuing a preliminary opinion on its admissibility and referral to the municipality. The council's regulations shall stipulate the number of members required to request referral to a committee;

b. immediately admit the proposal for consideration and refer it to the municipality, possibly with a specific deadline.

3. The author of the proposal may withdraw or amend it until the general or municipal council decides on its admissibility for consideration.

4. Once admitted for consideration, the municipality must imperatively process it and respond to it, within the timeframe stipulated by the regulations of the said council or, failing that, within one year following the submission of the proposal, by

a. a report on the postulate;

b. the study or draft decision requested within the framework of the motion; or

c. a preliminary opinion on the proposed draft regulation or decision.

5. The municipality may submit a counter-proposal to the draft decisions or regulations submitted to the council pursuant to Article 33, paragraph 4, letters b and c of this law.

6. Proposals that, according to the municipality, contravene the requirements stipulated by Article 32, paragraph 4, shall be subject to a report from the municipality.

Chapter II, Section III, Subsection I

Art. 34 Act on Municipalities (LC) Official ↗

1. Each member of the general or communal council may, through interpellation, request an explanation from the municipality regarding a fact of its administration.

2. The member informs the president in writing of the subject of their interpellation. If the interpellation is supported by at least five members, it is addressed immediately or in the next session.

3. The municipality responds immediately or, at the latest, in the following session.

4. The ensuing discussion concludes with the adoption of a resolution, which must not contain an injunction, or with the move to the agenda.

Chapter II, Section III, Subsection I

Art. 34a Act on Municipalities (LC) - Simple Question or Wish [ 33 ] Official ↗

1. A council member may address a straightforward question or present a wish to the municipality.

2. The municipality shall respond within the timeframe stipulated in Article 34, paragraph 3. No vote or resolution is required.

Chapter II, Section III, Subsection II

Art. 34b Act on Municipalities (LC) - Petitions [ 33 ] Official ↗

1. The general or municipal council reviews the petitions that are addressed to it.

2. Any submission of a petition is announced to the council at its next meeting.

3. Petitions whose terms are incomprehensible, inappropriate, offensive, or illegible are filed without further action.

4. If the petition concerns a matter within the municipality's jurisdiction or a competence exhaustively assigned by law to a cantonal or federal authority, it is forwarded without delay to the competent authority, subject to the provisions set forth in Article 34d, paragraph 2 of this Act.

5. If the petition falls under the council's jurisdiction, it is referred for examination to a committee.

Chapter II, Section III, Subsection II

Art. 34c Act on Municipalities (LC) - Procedure [ 33 ] Official ↗

1. The commission determines the subject matter of the petition by gathering all pertinent information, possibly after seeking the opinion of the municipality.

2. It generally hears the petitioner(s) or their representatives.

3. It requests the advice of any other commission already assigned to handle matters related to the subject of the petition. It may relinquish the petition to transfer it to another commission with the consent of the latter.

Chapter II, Section III, Subsection II

Art. 34d Act on Municipalities (LC) - [ 33 ] Official ↗

1. When the subject matter of the petition falls within the powers of the general or communal council, the commission reports to the latter, proposing

a. its consideration; or

b. the rejection of its consideration and its filing.

2. When the petition concerns a power of the municipality or a competence exclusively attributed by law to a cantonal or federal authority, the commission reports to the council, proposing its immediate referral to the competent authority. In this case, the council may ask the municipality to inform it of the follow-up given to the petition.

Chapter II, Section III, Subsection II

Art. 34e Act on Municipalities (LC) Official ↗

1. Regardless of the outcome of the petition, a response shall be provided.

Chapter II, Section III, Subsection III

Art. 35 Act on Municipalities (LC) - Right of Initiative of the Municipality [ 33 ] Official ↗

1. Proposals presented by the municipality to the general or communal council must be submitted in writing. They shall take the form of a pre-report. Article 33, paragraph 4 is reserved.

2. The municipal pre-report must include the necessary elements to enable the council to make an informed decision (considerations) and contain conclusions, in principle one per item submitted for discussion and vote.

3. Proposals presented by the municipality to the general or communal council must necessarily be referred for examination by a committee.

4. The municipality may, on its own initiative or at the request of a committee, be represented in this committee, with a consultative voice, by one of its members or, if the council's regulations authorize it, by a collaborator.

5. The municipality may withdraw its proposals until the general or communal council votes on the substance.

6. Committee reports are not subject to a vote. Article 35a, paragraph 2 is reserved.

Chapter II, Section III, Subsection III

Art. 35a Act on Municipalities (LC) - Discussion [ 33 ] Official ↗

1. Proposals for decisions or regulations submitted to the cantonal or communal council may be subject to amendments. Amendments may be subject to amendments (sub-amendments).

2. The following may propose amendments or sub-amendments

a. the commissions responsible for examining proposals submitted to the council;

b. the members of the council;

c. the municipality.

Chapter II, Section III, Subsection III

Art. 35b Act on Municipalities (LC) - Voting [ 33 ] Official ↗

1. Once the discussion is closed, the chair proceeds to the vote.

2. Resolutions submitted to a vote must be adopted by a simple majority, which means half of the validly cast votes plus one vote.

3. Voting is generally conducted by a show of hands. The chair does not participate in this vote. In case of doubt, the chair proceeds to a re-vote. In the event of a tie, the chair casts the deciding vote.

4. Electronic voting is equivalent to voting by a show of hands. It can be used for roll-call voting.

5. In the event of a show of hands vote, a number of council members as defined by the council's rules may request a roll-call vote. In the event of a tie, the chair casts the deciding vote.

6. A number of council members as defined by the council's rules may request that the vote be conducted by secret ballot, provided the council's rules do not preclude it. In the case of a secret ballot, the chair participates in the vote. In the event of a tie, the matter submitted to the vote is considered rejected.

Chapter II, Section III, Subsection III

Art. 40a Act on Municipalities (LC) - [ 33 ] Official ↗

1. The general or municipal council is organized freely.

2. It enacts rules of organization and appoints committees.

Chapter II, Section III, Subsection III

Art. 40b Act on Municipalities (LC) - Political Groups [ 33 ] Official ↗

1. The regulation of the general or municipal council may provide for the creation of political groups.

2. The council's regulation determines the minimum number of persons necessary for the creation of a political group.

Chapter II, Section III, Subsection III

Art. 40c Act on Municipalities (LC) - Right to Information of Members of the General or Municipal Council [33] Official ↗

1. Any member of the general or communal council may have access to information necessary for the exercise of their mandate.

2. A member of the general or communal council may be refused the following information

a. internal documents directly relied upon by the municipality to make a decision;

b. information relating to the security of the commune;

c. information that must remain confidential for overriding reasons relating to the protection of personality or a secret protected by law.

3. In case of disagreements between a member of the general or communal council and the municipality regarding the scope of the right to information, the member of the general or communal council or the municipality may refer the matter to the district prefect, who will mediate between the council member and the municipality. Should conciliation fail, the prefect shall decide. The appeal provided for in Article 145 is reserved.

Chapter II, Section III, Subsection III

Art. 40d Act on Municipalities (LC) - Duty of Confidentiality [ 33 ] Official ↗

1. Members of the general or communal council and of the municipality are subject to official secrecy.

2. In this capacity, they must treat confidentially any fact or information of which they became aware in the exercise of their mandate and whose disclosure

a. is limited by law or by a decision of the competent authority;

b. could prejudice a preponderant public or private interest or personality rights;

c. would interfere with ongoing judicial or administrative proceedings; or

d. is prohibited by virtue of the *huis clos* (in camera session) declared by the general or communal council.

3. When it observes that facts covered by official secrecy have been disclosed, the council's bureau informs the district prefect, who initiates an administrative inquiry. When this inquiry reveals facts likely to constitute an offense within the meaning of criminal law, the prefect transmits the file to the prosecutor of the district concerned.

Chapter II, Section III, Subsection III

Art. 40e Act on Municipalities (LC) - Commissions [ 33 ] Official ↗

1. Within the general council and the municipal council, there exist different types of commissions. These include commissions established by law, oversight commissions, ad hoc commissions, and thematic commissions.

Chapter II, Section III, Subsection III

Art. 40f Act on Municipalities (LC) - b) Definition [ 33 ] Official ↗

1. The following shall constitute the oversight committees

a. the management committee and

b. the finance committee.

2. These committees may be merged into a single committee (management-finance committee).

3. The following shall constitute ad hoc committees

a. committees appointed on a case-by-case basis and tasked with examining proposals from council members and petitions, or giving preliminary opinions on their consideration, and

b. committees appointed on a case-by-case basis and tasked with examining proposals from the municipality.

4. The committees appointed for the duration of the legislative period, with the exception of the management committee and the finance committee, shall notably constitute thematic committees.

Chapter II, Section III, Subsection III

Art. 40g Act on Municipalities (LC) - Operation [ 33, 34 ] Official ↗

1. The council's internal rules define the method for appointing the members of the committees and their chairpersons.

2. Committees deliberate in camera.

3. Committees can only validly deliberate if the majority of their members are present. Decisions are taken by simple majority; the chairperson participates in the vote. In the event of a tie, their vote is decisive.

4. They may issue their own internal rules of procedure.

5. Unless otherwise provided by the council's internal rules of organization

a. when a seat becomes vacant, it remains allocated to the group to which the replaced councilor belonged;

b. when a member of a committee resigns from their party or leaves or is excluded from their political group, they are deemed to have resigned from the committee in which they represented that party or group.

Chapter II, Section III, Subsection III

Art. 40h Act on Municipalities (LC) - Right to Information of Commission Members [33] Official ↗

1. Article 40c of this law governs the right to information for commissions and their members, subject to specific or contrary provisions of this law.

2. After prior consultation with the municipality, a commission may receive or consult external stakeholders regarding the matter at hand. When the commission directly addresses the municipal administration, the municipality may request to be heard before the commission proceeds with the intended investigation and to participate in it. In the event of a financial commitment, the agreement of the municipality is required.

Chapter II, Section III, Subsection III

Art. 40i Act on Municipalities (LC) - Duty of Confidentiality of Commission Members Official ↗

**Article 40d of this Law governs the duty of confidentiality of the members of the commissions, subject to paragraphs 2 to 4 below.**

1. The commissions may decide that all or part of their proceedings are confidential, especially to ensure the effective performance of their duties.

2. The working documents of the commissions, as well as all documents or information submitted to them within the scope of their mandate, are not confidential unless otherwise indicated by their authors. In such cases, confidential documents or information may only be communicated or their content disclosed to members of the general or municipal council with the authorization of the president of the commission.

3. All documents intended to reproduce or summarize statements or discussions held in the commission, such as meeting notes, are confidential. Such documents can only be transmitted to the members of the commission.

Chapter II, Section III, Subsection III

Art. 40j Act on Municipalities (LC) - Recusal [ 33 ] Official ↗

1. A member of the general or municipal council may not participate in a decision or discussion when they have a personal or material interest in the matter at hand. They must voluntarily recuse themselves or, failing that, be recused by a member of the council or by the board. The council decides on the recusal.

2. Decisions on the recusal and on the matter to be addressed are made by a majority of the remaining members of the council. In this case, Articles 15, paragraph 1, and 26, paragraph 1 of this law do not apply.

3. The recusal is noted in the minutes and on the extract of the decision.

4. The council's regulations may establish a register of interests.

Chapter III, Section I

Art. 41 Act on Municipalities (LC) Official ↗

1. The execution of everything that has been definitively decided by the general or municipal council lies with the municipality.

2. The municipality may not, under any circumstances, suspend this execution on its own authority.

Chapter III, Section I

Art. 42 Act on Municipalities (LC) - [ 33 ] Official ↗

1. The attributions of municipalities are exercised within the limits determined by laws and by communal regulations. They concern specially

1. the administration of public services, including that of industrial services;

2. the administration of communal property (see Art. 44), the administration of public domain and of property allocated to public services;

3. the appointment of collaborators and employees of the commune, the determination of their remuneration, and the exercise of disciplinary power (see Art. 4, No. 9);

4. the tasks directly attributed to them by cantonal legislation.

Chapter III, Section I

Art. 43 Act on Municipalities (LC) - [ 22 ] Official ↗

1. Within the scope of the commune's powers, the police shall have as their object

1. public safety, order, and tranquility, including, among others

a. the protection of persons and property,

b. the policing of shows, entertainment, and festivities,

c. the policing of public establishments and alcohol outlets,

d. traffic policing,

e. measures related to the straying of animals;

2. fire services;

3. public health, including, notably

a. the control of foodstuffs and everyday articles as well as slaughterhouses,

b. general measures relating to the hygiene and health of humans and animals,

c. measures relating to the cleanliness of public roads and squares;

4. the policing of burials, cremations, and cemeteries;

5. moral policing

a. the control of all temporary or itinerant commercial activities,

b. the policing of fairs and markets,

c. the protection of labor,

d. the opening and closing hours of shops;

6. the policing of the exercise of economic activities, notably

a. temporary or itinerant commercial activities,

b. the policing of fairs and markets,

c. the protection of labor,

d. the opening and closing hours of shops,

e. second-hand trade,

f. price indication,

g. pre-payment devices;

7. the census and control of inhabitants, immigration policing, the issuance of certificates of origin, the maintenance of the electoral roll;

8. construction policing and the supervision of construction sites;

9. rural policing;

10. measures to be taken in the event of disasters caused by natural forces;

11. the issuance of declarations, attestations, and permits.

Chapter III, Section I

Art. 44 Act on Municipalities (LC) - [15] Official ↗

1. The administration of municipal assets comprises

1. the administration of private domain assets; the municipal executive, however, has the authority to decide on the acquisition of easements that do not entail any charge for the municipality; the collection of all revenues, contributions, and taxes;

2. the investment of capital (purchases, sales, reinvestments); the municipal executive may, without special authorization from the council, make investments

a. with the Caisse d'épargne cantonale vaudoise (Vaud Cantonal Savings Bank);

b. in bonds of the Banque cantonale vaudoise (Vaud Cantonal Bank);

c. in the form of deposits with the Banque cantonale vaudoise;

d. in bonds of the Canton of Vaud or in bonds guaranteed by it;

e. in bonds and short-term notes of the Caisse fédérale (Federal Treasury) and the SBB (Swiss Federal Railways);

f. in bonds of Swiss cantons;

g. in bonds of Vaud municipalities;

h. in all other securities recognized as "pupillary" (suitable for minors' assets) by the Council of State [E];

i. in shares of the Banque cantonale vaudoise or the Banque nationale suisse (Swiss National Bank);

j. in first-lien mortgage loans according to the standards practiced by the Banque cantonale vaudoise

- the municipal executive may realize (sell) securities originating from legacies, donations, or inheritances, except for shares in companies in which the municipality has a public interest;

- the municipal executive must deposit the municipality's available funds with the Banque cantonale vaudoise, the Banque nationale suisse, or any other institution approved by the general or municipal council;

3. expenses related to the administration of the municipality, the management of public and private domain assets, and the management of assets allocated to public services, within the framework of the budget and other authorizations granted by the council.

Chapter III, Section I

Art. 45 Act on Municipalities (LC) - [ 3, 27 ] Official ↗

1. The municipality is responsible for punishing the non-compliance with police regulations and other offenses within the jurisdiction of the municipal authorities with fines. The procedure is governed by the law on offenses [F].

Chapter III, Section I

Art. 46 Act on Municipalities (LC) Official ↗

1. The Council of State shall determine by decree [G] the fees that municipalities may receive.

Chapter III, Section II

Art. 47 Act on Municipalities (LC) - Name [ 7, 21 ] Official ↗

1. Municipalities consist of 3, 5, 7, or 9 members.

2. The general or communal council determines this number. It may modify it for the next legislature. Its decision must then be made no later than June 30 of the year preceding the complete renewal of the municipal authorities.

Chapter III, Section II

Art. 48 Act on Municipalities (LC) - Quality [ 21, 25 ] Official ↗

1. The following persons may not simultaneously be members of a municipality

a. spouses, persons linked by a registered partnership or de facto cohabiting, ascendants and descendants (whether by blood or marriage), as well as siblings;

b. uncles, aunts, nephews and nieces by blood, first cousins, in communes with a population exceeding 1,000 inhabitants;

c. a person and the sibling of their spouse, registered partner or de facto cohabiting partner, in communes with a population exceeding 1,000 inhabitants.

Chapter III, Section II

Art. 49 Act on Municipalities (LC) - [ 21, 33 ] Official ↗

1. Members of the municipal staff placed under the orders of the municipality cannot be part of this authority.

2. The bursar and the secretary, appointed by the municipality, are placed directly under its orders.

Chapter III, Section II

Art. 50 Act on Municipalities (LC) - [ 21, 25 ] Official ↗

1. The scholarship holder may neither be a part of the municipality nor be a spouse or registered partner, a parent or direct ascendant or descendant, or a sibling of the members of the municipality, nor be a person actually living as a couple with one of its members.

2. The department in charge of relations with the municipalities (hereinafter: the department) may, upon request of the municipality, authorize exceptions to this rule in municipalities with fewer than 400 inhabitants, in cases of absolute necessity.

3. …

Chapter III, Section II

Art. 51 Act on Municipalities (LC) Official ↗

1. The secretary of the municipality cannot be a relative or an in-law of the mayor within the prohibited degree for municipal councilors as specified by Article 48 of this law.

Chapter III, Section II

Art. 52 Act on Municipalities (LC) - [ 21 ] Official ↗

1. The functions of a municipal secretary are incompatible with those of a municipal councilor.

2. The department may, at the request of the municipality, authorize exceptions to this rule in municipalities with fewer than 400 inhabitants, in cases of absolute necessity.

Chapter III, Section II

Art. 52a Act on Municipalities (LC) - [ 33 ] Official ↗

1. The municipal secretary is the chief collaborator of the mayor and the municipality.

2. The secretary participates in the municipal meetings with consultative voice and keeps the minutes of the meetings.

Chapter III, Section II

Art. 52b Act on Municipalities (LC) Official ↗

1. The Municipal Secretary is notably responsible for

a. the coordination between the municipality and the communal administration;

b. the co-signature of municipal acts, within the meaning of Article 67 of this law;

c. the transmission of information between the municipality and the council, and between the former and state services;

d. liaison with the council office;

e. the execution of municipal decisions;

f. tasks assigned to him/her by the municipality;

g. the organization of the installation of authorities after a complete renewal within the meaning of Article 83.

Chapter III, Section II

Art. 62 Act on Municipalities (LC) - Oath Official ↗

1. Before taking office, the members of the municipal council shall take the oath prescribed in Article 9, to which the following shall be added

- "You also promise to administer the communal property faithfully and impartially; never to conceal any contraventions of laws, ordinances, and police regulations that may come to your knowledge; always to appoint the most enlightened and suitable person for the position in question; and finally, never to exceed the powers entrusted to you."

Chapter III, Section II

Art. 63 Act on Municipalities (LC) - Organization [ 21, 33 ] Official ↗

1. The municipality is freely organized.

2. It may enact an organizational regulation. It may appoint one or two deputy syndics from among its members.

Chapter III, Section II

Art. 64 Act on Municipalities (LC) - Sessions [21, 33] Official ↗

1. The municipality meets periodically in ordinary sessions on the dates it sets, and additionally, in extraordinary sessions convened in accordance with Article 73.

2. The sessions and discussions of the municipality are not public. The minutes of these sessions are not communicated to third parties, except in the case of a request from the supervisory authority or a judicial authority.

3. Article 40c, paragraph 3 is applicable by analogy.

Chapter III, Section II

Art. 65 Act on Municipalities (LC) - Quorum Majorities Official ↗

1. The municipality may only deliberate if the number of members present constitutes an absolute majority of the total number of its members.

2. Decisions are made by majority; the president participates in the vote; in the event of a tie, their vote is decisive.

Chapter III, Section II

Art. 65a Act on Municipalities (LC) - Recusal [ 21, 33 ] Official ↗

1. A member of the municipality may not participate in a decision or discussion when they have a personal or financial interest in the matter at hand. They must recuse themselves voluntarily or, failing that, be recused by a member of the municipality or by the board. The municipality shall decide on the recusal.

2. Decisions on the recusal and on the matter at hand are made by a majority of the remaining members of the municipality.

3. The recusal is recorded in the minutes and on the excerpt of the decision.

4. If the number of the remaining members of the municipality is less than an absolute majority, Article 139a applies.

Chapter III, Section II

Art. 65b Act on Municipalities (LC) - Collegiality [ 33 ] Official ↗

1. Subject to Article 65a, paragraph 2 of this Act, the municipality operates in a collegiate manner.

Chapter III, Section II

Art. 66 Act on Municipalities (LC) - Division of the Municipality Official ↗

1. The municipality may be divided into sections or departments.

2. Certain responsibilities of the municipality may be allocated to these sections or departments.

3. This allocation can be effected either by a regulation or decision of the municipality, or by a regulation enacted by the general or communal council.

4. A person who holds authority as outlined in the preceding paragraphs may, under their responsibility, delegate this authority on a case-by-case basis.

Chapter III, Section III

Art. 67 Act on Municipalities (LC) - Acts of the Municipality Official ↗

1. For the acts of the municipality to be valid in form, they must be issued under the signature of the mayor and the secretary or their appointed substitute by the municipality, and bear the seal of this authority; if they are executed pursuant to a decision of the general or municipal council, they must reference this decision, which is attached to the act.

2. The municipality may, by decision, delegate the power of signature to one of its members, to a municipal official, or employee. The delegation is carried out by an express power of attorney given under the signature of the mayor and the secretary or their appointed substitute by the municipality, and bearing the seal of this authority.

3. The power of attorney may be special or general. In the latter case, it specifies the limits and duration of the mandate.

4. Acts taken under a delegation of powers must be issued under the signature of the member(s) of the municipality or the individual benefiting from the delegation.

5. Decisions made on the basis of a delegation are subject to an administrative appeal before the municipality. The appeal is conducted in accordance with the law on administrative procedure.

Chapter III, Section III

Art. 68 Act on Municipalities (LC) Official ↗

1. Acts that are regular in form, within the meaning of Article 67, bind the municipality, unless it is proven by the municipality that the signatories of the act, or the municipal body itself, have exceeded their powers in a manner that is manifest and recognizable by interested third parties.

2. The representation of the municipality acting as a private legal person is reserved, according to civil law (Art. 32 et seq. CO).

Chapter III, Section III

Art. 69 Act on Municipalities (LC) - Reports and Complaints [ 33 ] Official ↗

1. The reports of public agents, as well as the official denunciations by members of municipal authorities, are submitted to the mayor, the municipal councilor, or the collaborator appointed by the municipality.

2. The same applies to complaints and denunciations from private individuals, if the matter falls within the municipality's jurisdiction.

3. Reports, complaints, or denunciations incorrectly addressed are forwarded ex officio to the competent authority.

4. Serious cases are brought to the attention of the municipality at its next session.

Chapter III, Section III

Art. 70 Act on Municipalities (LC) - [ 3, 33 ] Official ↗

1. The reports of the agents and collaborators responsible for reporting contraventions are drafted, signed, and dated, as far as possible immediately after the author becomes aware of the infraction. They are transmitted within the shortest possible time to the syndic or the designated municipal authority. If this rule is not adhered to, these agents may face disciplinary action.

Chapter III, Section III

Art. 71 Act on Municipalities (LC) - [ 27 ] Official ↗

1. These reports shall be submitted in writing, with the date and time of submission recorded.

2. ...

3. Offenders, aggrieved parties, or their representatives may, free of charge, examine and obtain copies of the reports drawn up in cases within the municipal enforcement jurisdiction.

Chapter III, Section III

Art. 71a Act on Municipalities (LC) - Acts of the General or Municipal Council [ 33 ] Official ↗

1. For formal validity, the acts of the general or municipal council must be issued under the signature of the president and the secretary, or their replacement designated by the council, and affixed with the seal of this authority; if they are made following a decision or proposal by the municipality, they must mention this decision or proposal, which is attached to the act.

Chapter IV

Art. 72 Act on Municipalities (LC) Official ↗

1. The syndic, in addition to their special duties, holds the right of supervision and control over all branches of the administration.

Chapter IV

Art. 73 Act on Municipalities (LC) Official ↗

1. The mayor presides over the municipality. The mayor or, in their absence, the vice-president convenes the municipality at their own discretion or at the request of half of the other members.

Chapter IV

Art. 74 Act on Municipalities (LC) Official ↗

1. The trustee communicates to the municipality, in the first session following their receipt, the letters, requests, pieces, and documents that concern it as such.

Chapter IV

Art. 75 Act on Municipalities (LC) Official ↗

1. The syndic supervises the drafting and updating of the minutes, and in general, all the work of the secretary. He also ensures the preservation and proper maintenance of the municipal archives.

Chapter IV

Art. 76 Act on Municipalities (LC) Official ↗

1. The mayor is specifically responsible for enforcing laws, decrees, and ordinances. He may, under his responsibility, delegate this power to the sections or departments of the municipality. This delegation is recorded in the minutes of the municipality's meetings.

2. In the event of the mayor's absence, his duties are performed by the vice-president of the municipality and, failing that, by a municipal councilor designated by this authority.

3. As the head of a department or a member of a section, the mayor is considered equivalent to other municipal councilors.

Chapter IV

Art. 77 Act on Municipalities (LC) - [ 27 ] Official ↗

1. When an offense, committed within the territory of the municipality and subject to mandatory prosecution, comes to his attention, the mayor is required to immediately report it to the Public Prosecutor's Office.

2. He shall take the necessary conservatory measures to preserve the evidence, especially those traces that may vanish; he shall draw up an official report, which he shall promptly submit to the Public Prosecutor's Office.

Chapter IV

Art. 81 Act on Municipalities (LC) Official ↗

1. In the absence or insufficiency of public force, any person must assist the syndic in accordance with the preceding provisions.

Chapter IV

Art. 82 Act on Municipalities (LC) Official ↗

1. If public order is threatened in the municipality and when the authority of the municipality is disregarded or insufficient, the mayor shall immediately inform the prefect.

Chapter V

Art. 83 Act on Municipalities (LC) - Installation [7, 33] Official ↗

1. After the elections for complete renewal, the general or communal council and the municipality are installed as soon as possible by the prefect, once the ten-day period has elapsed since the election of the mayor, and in all cases before June 30.

Chapter V

Art. 85 Act on Municipalities (LC) Official ↗

1. In the event of a complaint or appeal against an election, the installation may be postponed, subject to the provisions of Article 92 of this law.

Chapter V

Art. 86 Act on Municipalities (LC) - Role of the Prefect Official ↗

1. Before proceeding with the installation, the prefect ensures the regularity of the admission of citizens who present themselves, by inspecting the list of sworn citizens in the case of a general council, or through the election minutes in the case of a communal council or a municipality, and records this acknowledgment in the register.

Chapter V

Art. 87 Act on Municipalities (LC) Official ↗

1. If it concerns a municipality, the prefect shall read aloud the articles of this law that pertain to prohibited degrees of kinship for serving in this body, and shall invite all members, in each other's presence, to declare whether there exists among them any degree of kinship or alliance as defined in Articles 48 and following.

Chapter V

Art. 88 Act on Municipalities (LC) - Oath Official ↗

1. The prefect will then read aloud the oath prescribed by Article 9, supplemented for the municipality by Article 62. Upon hearing their name, each member raises their hand and says: "I promise it."

Chapter V

Art. 89 Act on Municipalities (LC) Official ↗

1. After the swearing-in of the members of the general council or the communal council, this body proceeds, under the presidency of the prefect, to the appointment of its president and secretary, who immediately assume their duties.

2. The council then appoints the other members of the office.

Chapter V

Art. 90 Act on Municipalities (LC) - [ 33 ] Official ↗

1. Members of the general council, communal council, and municipality who are absent, as well as those elected after a supplementary election, shall be sworn in before the general or communal council by the president of that body, who shall inform the prefect. The president shall set a deadline for them after the expiration of the period for filing complaints or appeals provided by the legislation on the exercise of political rights.

2. In case of urgency, they may take the oath before the bureau.

3. A municipal councilor or communal councilor who does not take the oath within the period set by the president shall be deemed to have resigned.

Chapter V

Art. 91 Act on Municipalities (LC) - [ 21 ] Official ↗

1. The municipal secretary, the treasurer, and other members of the municipal staff required by law or regulation to take an oath are installed by the mayor before the municipality.

Chapter V

Art. 92 Act on Municipalities (LC) - [ 7, 21 ] Official ↗

1. The installation of the general council or the municipal council, the formation of its executive office, and the installation of the municipal administration must take place before June 30 following the general elections. However, these authorities do not assume their functions until July 1.

Chapter V

Art. 93 Act on Municipalities (LC) - Delivery of Documents Official ↗

1. The former municipality shall deliver to the new one all papers, titles, documents, books and registers, pecuniary values, claims, and other assets belonging to the municipality.

2. Each member of the former municipality must inform the new municipality about ongoing matters.

Chapter VI, Section I

Art. 93a Act on Municipalities (LC) - [ 6 ] Official ↗

1. The State Council establishes by means of an ordinance [I] the rules relating to the municipal budget and accounts, which may vary depending on the importance of the municipalities.

Chapter VI, Section I

Art. 93b Act on Municipalities (LC) - [ 6, 18 ] Official ↗

1. The Council of State may require municipalities, associations of municipalities, inter-municipal unions, and other public law entities to have their accounts audited by a review body.

2. The Council of State shall determine by regulation [I] the criteria that mandate the requirement of this audit, the qualifications required of the auditor, the methods of the audit, and its frequency, which may vary according to the size of the municipalities.

Chapter VI, Section I

Art. 93c Act on Municipalities (LC) - [ 6, 18, 33 ] Official ↗

1. The management committee is responsible for reviewing the administration and accounts of the municipality. The organizational regulations of the council may assign the review of the accounts and, if applicable, the report and audit report of the auditor, to a finance committee.

2. The report from the municipal authorities on the administration, along with the accounts closed on December 31 of the previous year, accompanied if applicable by the report and audit report of the auditor, shall be submitted to the general or municipal council no later than May 31 of each year and referred for review to the management committee. The powers of the finance committee as provided by the council regulations are reserved.

Chapter VI, Section I

Art. 93d Act on Municipalities (LC) - [ 6, 18, 33 ] Official ↗

1. The written report and any observations from the committee and, if applicable, the finance committee, the responses from the municipality, and the documents referred to in the aforementioned article are either provided as copies to each councilor at least ten days before the deliberation or made available to the council members for ten days.

Chapter VI, Section I

Art. 93e Act on Municipalities (LC) Official ↗

1. The restrictions provided for in Article 40c of this law are not enforceable against members of supervisory commissions in the exercise of their mandate to control management and accounts, except for those resulting from a secret protected by higher law.

2. Subject to the restrictions provided for in the first paragraph, the municipality is required to provide the supervisory commissions with all documents and information necessary for the exercise of their mandate. Such documents or information notably include

a. the communal accounts, established in accordance with the rules set by the Council of State under Article 93a;

b. the attestation report within the meaning of Article 93c of this law and the report of the auditing body;

c. all accounting records from the past financial year;

d. all documents relating to the administrative management of the municipality;

e. minutes extracts and decisions resulting from the municipality's minutes;

f. all information concerning the past financial year;

g. direct questioning of members of all departments or services of the municipality, but in the presence of a delegation from that authority.

3. In case of divergences between a member of a supervisory commission and the municipality concerning the scope of the right to information, Article 40c, paragraph 3 of this law is applicable.

Chapter VI, Section I

Art. 93f Act on Municipalities (LC) - [ 6, 18 ] Official ↗

1. The municipality is heard on management and accounts.

Chapter VI, Section I

Art. 93g Act on Municipalities (LC) - [ 18 ] Official ↗

1. The accounts of the municipality, finalized by the general or communal council, are submitted for examination and approval by the prefect no later than July 15 of each year, accompanied by the revision report.

Chapter VI, Section I

Art. 93h Act on Municipalities (LC) - [ 21 ] Official ↗

1. Upon request, municipalities shall provide the department or the prefect with all financial data necessary for the exercise of State oversight and necessary for the establishment of financial management indicators.

Chapter VI, Section I

Art. 93i Act on Municipalities (LC) - Internal Control [ 33 ] Official ↗

1. The department responsible for relations with municipalities [J] encourages municipalities, municipal associations, intercommunal agreements, and other public law entities to implement an internal control system appropriate to their size and budget significance.

Chapter VI, Section II

Art. 94 Act on Municipalities (LC) - Municipal Regulations [21, 33, 36] Official ↗

**1. Municipalities are required to have police regulations and the regulations imposed by cantonal legislation. They may have other regulations, particularly regarding the functioning of municipal authorities and administration.**

**2. Regulations imposed by cantonal legislation, as well as regulations or provisions of regulations that confer rights or obligations on authorities or individuals in relation to each other, only have the force of law after being approved by the head of the relevant department. Article 162 of the law on the exercise of political rights applies otherwise.**

Chapter VI, Section II

Art. 95 Act on Municipalities (LC) - Incompatibilities Official ↗

1. When, in the course of the same election, the voters select two citizens who are in a case of incompatibility, the one who has received the most votes is the only one elected. In the event of a tie, the decision is made by lot. The procedure for drawing lots is regulated by the LEDP [K].

Chapter VI, Section II

Art. 96 Act on Municipalities (LC) - [ 21 ] Official ↗

1. If an alliance at a prohibited degree within the meaning of Articles 12, paragraph 2, 48, 50, and 51 is formed during the term between the president and the secretary of a general council or a municipal council, or between two members of a municipality, or between the treasurer and one of the members of the municipality, or between the mayor and the municipal secretary, the most recently appointed is deemed to have resigned.

Chapter VI, Section II

Art. 97 Act on Municipalities (LC) - Obligation of Residence [ 21, 33 ] Official ↗

1. Members of general councils, communal councils, and municipalities must have and maintain their domicile, as stipulated by the Civil Code [L] and the legislation concerning the exercise of political rights [M], in the municipality where they perform their functions.

2. If they lose the status of voters, they are considered to have resigned; the municipality immediately informs the council's office. The resignation is effective from the day the individual is removed from the electoral register.

3. …

Chapter VI, Section II

Art. 98 Act on Municipalities (LC) - Sanctions Official ↗

1. The regulation of the general or municipal council may impose fines within the municipal jurisdiction on general and municipal councillors who, despite a warning, neglect their duty to attend meetings.

2. The municipal regulation may contain similar provisions regarding its members.

3. Municipal regulations may also provide for the elimination of benefits associated with the position.

Chapter VI, Section II

Art. 99 Act on Municipalities (LC) Official ↗

1. The office of the general or municipal council, respectively the municipality, issues the warning and imposes the fine.

Chapter VI, Section II

Art. 100 Act on Municipalities (LC) Official ↗

1. When the general or municipal council, the municipality, or a member of these authorities is insulted by a third party present in the room, the offender is expelled by law enforcement agents.

2. If the incident appears to constitute an offense, a report is drawn up and transmitted to the Public Prosecutor's Office, with the case being investigated and judged according to the rules of the Swiss Code of Criminal Procedure [N].

Chapter VI, Section II

Art. 100a Act on Municipalities (LC) - Prohibition on Accepting or Soliciting Gifts or Other Advantages [33] Official ↗

**1. Members of the General or Communal Council, the Municipality, and the Communal Administration shall not accept, solicit, or be promised gifts or other advantages directly or indirectly linked to the exercise of their function, whether for themselves or for third parties. Exceptions are made for customary gifts or advantages of negligible value.**

Chapter VII

Art. 103 Act on Municipalities (LC) - [ 2, 33 ] Official ↗

1. The employee who is criminally charged for an offense committed in the performance of their duties must promptly inform the municipality.

2. If the municipality deems the action unjustified, it shall, at the expense of the municipality, take all appropriate measures to ensure the defense of the employee.

Chapter VIII

Art. 104 Act on Municipalities (LC) - Territorial Limits [6] Official ↗

1. Territorial boundaries must coincide, as much as possible, with natural boundaries or property boundaries.

Chapter VIII

Art. 104a Act on Municipalities (LC) - b) Riparian Communities of a Watercourse [ 6 ] Official ↗

1. When the boundary between two municipalities is formed by a watercourse, the demarcation line follows the middle of the bed, unless otherwise agreed or decided pursuant to Articles 104c, 104d, and 104e.

2. The slow natural movements of the riverbed, caused by erosion or sediment formation, result in a shift of the territorial boundary, regardless of the indications in the land register.

3. Other natural shifts, as well as artificial shifts of the riverbed, require a new determination of the territorial boundary pursuant to Articles 104c, 104d, or 104e. The opinion of the Department of Public Works (Water Service) [O] is required in all cases.

Chapter VIII

Art. 104b Act on Municipalities (LC) - c) Riparian Communes of a Lake [ 6 ] Official ↗

1. On lakes and other bodies of water, the boundaries of the municipalities are determined graphically, in accordance with the overall territorial plan of the canton as provided by the law on the land registry [P].

Chapter VIII

Art. 104c Act on Municipalities (LC) - Modification of Limits [ 6 ] Official ↗

1. Except for the exceptions provided in Articles 104a, paragraphs 1 and 2, and 104e to 104g, any modification of the territorial boundaries of a municipality requires an agreement concluded by the interested municipalities.

2. The conclusion of this agreement is preceded by a thirty-day public inquiry, conducted in each of the municipalities by filing a justified draft accompanied by a site plan prepared by an official surveyor; this plan indicates the current municipal boundaries and the proposed new boundaries.

3. During the inquiry period, motivated objections are to be addressed in writing to the registry of the municipality where the objector has their domicile, real estate property, or a plot burdened with a real right in their favor.

4. Furthermore, Article 110, paragraphs 2 and 3, and Article 111 apply by analogy.

5. The opinion of the Department of Finance (Cadastral Directorate) is required in all cases.

Chapter VIII

Art. 104d Act on Municipalities (LC) - [ 6, 31 ] Official ↗

1. Technical corrections and of minimal importance may be agreed upon by the municipalities of the concerned communes, subject to the approval of the department responsible for official surveying [Q]. The department in charge of relations with the communes [J] shall be informed.

2. In this case, there is no public inquiry, but the new boundaries are communicated via registered notice to the private owners of the affected parcels, who have a ten-day period to submit any comments or a possible justified opposition to the department responsible for official surveying. The latter shall suspend its decision until the expiration of this period.

3. When the rectification of territorial boundaries is related to an expropriation procedure, the cantonal authority that orders the expropriation is competent to simultaneously ensure the implementation of this article.

Chapter VIII

Art. 104e Act on Municipalities (LC) - b) Modifications by Decision of the Cantonal Authority [ 6 ] Official ↗

1. Under the conditions stipulated in Article 104f, a modification of territorial boundaries may exceptionally be imposed on two or more municipalities in the following cases

1. when such modification is closely linked to the execution of works that are of general interest;

2. when it is indispensable to prevent or to terminate a conflict of jurisdiction between municipalities.

Chapter VIII

Art. 104f Act on Municipalities (LC) - [ 6 ] Official ↗

1. However, a modification of territorial boundaries in accordance with Article 104e may only take place under the following conditions

1. the municipalities must have been requested to conventionally adopt the proposed modification;

2. in the case of Article 104e, point 1, the modification must be essential for the realization of the works in question or be its necessary consequence;

3. the fragment or fragments of territory that pass from one municipality to another must be relatively minimal, both in absolute terms and in relation to the total area of the ceding municipality; account shall be taken, where appropriate, of territorial reductions imposed on or agreed to by the municipality previously;

4. the competent authority must ensure that the fragment or fragments of territory in question do not have an ideal value for the ceding municipality, particularly as a historical site.

Chapter VIII

Art. 104g Act on Municipalities (LC) - [ 6 ] Official ↗

1. The authority competent to enforce the two preceding articles is the Grand Council. The procedure is established by the Council of State.

2. The decree of the Grand Council determines the new territorial boundaries and the compensation to which the interested commune(s) may be entitled, in accordance with Article 104h.

Chapter VIII

Art. 104h Act on Municipalities (LC) - c) Compensation [6] Official ↗

1. As a general rule, the modification of the territorial boundary is carried out by an exchange of territories, so as not to change the total area of the municipality, or to change it only to a small extent.

2. If the modification causes significant financial harm to one of the municipalities and provides a corresponding benefit to another municipality, a fair compensation may be granted to the former.

Chapter VIII

Art. 104i Act on Municipalities (LC) - d) Provisional Measures [6] Official ↗

1. When public or private construction works or a land rearrangement is likely to lead to a modification of territorial boundaries, the department in charge of relations with the municipalities [R], acting ex officio or upon request from an authority or any interested person, may set a deadline for the municipalities concerned to proceed in accordance with Articles 104c and 104d.

2. Upon the department's proposal, the Council of State may prohibit the execution of all or part of the works or operations during the duration of this period.

3. If, upon expiration of the deadline, the municipalities have not concluded an agreement approved by the Council of State or if, during the course of the period, one of the municipalities informs that it cannot or does not wish to conclude such an agreement, the Grand Council may order the adjustment of the boundaries in accordance with Articles 104e to 104g. In this case, the prohibition provided for in paragraph 2 above may be extended by the Council of State until the cantonal decision comes into effect.

Chapter VIII

Art. 105 Act on Municipalities (LC) - [ 6 ] Official ↗

1. The names of the municipalities are determined by law. The designation of a municipality's capital can only be modified by decree of the Grand Council; the procedure is established by the Council of State.

Chapter IX

Art. 106 Act on Municipalities (LC) - Division Official ↗

1. The Grand Council alone holds the authority to establish a new municipality from a territory detached from an existing municipality.

2. Such a division requires a prior decision by the general or communal council, which the Grand Council is called upon to ratify by decree. This decision cannot be exempted from a referendum.

Chapter IXbis

Art. 107a Act on Municipalities (LC) - Principles [ 14, 21 ] Official ↗

1. Several communes may collaborate to perform tasks of common interest together. They ensure that they choose the most appropriate form of collaboration.

2. Intercommunal collaboration principally takes the following forms

a. administrative law contract;

b. intercommunal agreement;

c. association of communes;

d. federation of communes;

e. agglomeration;

f. private law legal entities.

3. Article 3a is reserved.

Chapter IXbis

Art. 107b Act on Municipalities (LC) - Administrative Law Contract [14, 21] Official ↗

1. One or more municipalities may delegate some of their functions to another municipality, if necessary to the executive authority of an association of communes, a federation of communes, or an agglomeration. To this end, they enter into an administrative law contract (agreement) whose content is brought to the attention of the general or municipal councils.

2. A copy is submitted to the prefectures of the concerned districts.

Chapter X

Art. 109a Act on Municipalities (LC) - Definition [ 33 ] Official ↗

1. For an inter-municipal agreement, it is to be understood as any written agreement between two or more municipalities by which they agree to jointly exercise a public service or a task of public interest.

Chapter X

Art. 110 Act on Municipalities (LC) - Content and Approval [6, 14, 33] Official ↗

1. Inter-municipal agreements shall be the subject of a written convention.

2. The convention must specify

1. the signatory municipalities;

2. its purpose;

3. the lead municipality;

4. the service(s) or task of public interest exercised jointly;

5. its organization, including the respective powers and responsibilities of the administration of the joint service and those of the interested municipal administrations;

6. the method of cost allocation;

7. the status of assets;

8. the terms of termination.

3. The convention must be adopted by the general or municipal council of each signatory municipality.

4. Before concluding or amending the convention with the municipalities of the signatory communes, the municipality shall submit the draft text to the council's bureau, which shall appoint a commission.

5. The appointed commission shall submit its response to the consultation to the municipality.

6. The municipality shall inform the commission of the action taken regarding its positions within the framework of the adoption process of the draft by the municipalities.

7. The final draft presented to the council by the municipality cannot be amended.

8. The convention shall only be enforceable after having been approved by the Council of State, which verifies its legality. The approval shall be published in the Official Gazette. The publication shall initiate the statutory deadlines for any potential submission of a referendum request or an appeal to the Cantonal Tribunal's Constitutional Court.

Chapter X

Art. 110b Act on Municipalities (LC) - Rules of Majority Official ↗

1. The agreement may stipulate that decisions regarding the budget and accounts are validly made by a determined majority of the member municipalities.

2. These decisions are binding on all the municipalities of the association.

Chapter X

Art. 110c Act on Municipalities (LC) - [ 14, 33 ] Official ↗

1. Any amendment to the agreement must be adopted by all general or municipal councils of the member communes and then submitted for approval to the Council of State.

2. The dissolution of the agreement is governed by Article 127, paragraph 1 of this law.

Chapter X

Art. 110d Act on Municipalities (LC) - Duty to Cooperate [ 21 ] Official ↗

1. Article 126a applies by analogy to inter-municipal agreements.

Chapter Xbis

Art. 111 Act on Municipalities (LC) - Arbitral Tribunal [ 6, 14, 28 ] Official ↗

1. Issues arising from the interpretation and application of administrative law contracts and agreements under Articles 104c, 107, 107b, and 110 shall be decided by an arbitral tribunal appointed at the request of the most diligent municipality, in accordance with the Swiss Code of Civil Procedure [S].

2. This rule shall apply by analogy to acts resulting from the decision of Article 106, paragraph 2.

Chapter XI

Art. 112 Act on Municipalities (LC) - Principle [14, 21] Official ↗

1. Municipalities may collaborate in the form of an association of municipalities to jointly carry out tasks within municipal competence.

2. At least one task, referred to as the main task, must be jointly assumed by all member municipalities; other tasks, referred to as optional tasks, may be carried out by only some of them.

3. Member municipalities only bear the financial responsibility for the tasks they have formally agreed to participate in.

Chapter XI

Art. 113 Act on Municipalities (LC) - Approval [ 33 ] Official ↗

1. The statutes, prepared in agreement between the municipalities, must be submitted to the vote of the general or municipal council of each municipality.

1bis. Before adopting the statutes of the association with the involved municipalities, the municipality submits the draft text to the council bureau, which appoints a commission.

1ter. The appointed commission sends its response to the consultation to the municipality.

1quater. The municipality informs the commission of the outcome of its positions within the process of adopting the project by the municipalities.

1quinquies. This procedure also applies in case of amendment of the statutes where the municipal or general council is competent, according to Article 126, paragraph 2 of this law.

1sexies. The final draft of the statutes presented to the council by the municipality cannot be amended.

2. After each municipality has adopted the statutes, they are submitted for approval by the Council of State, which verifies their legality. The approval is published in the Official Gazette. The publication triggers the legal deadlines for a potential filing of a referendum request or a petition to the Constitutional Court of the Cantonal Tribunal.

3. The approval by the Council of State grants legal existence to the association and confers upon it the legal personality of public law.

Chapter XI

Art. 114 Act on Municipalities (LC) - Applicable Law [ 33 ] Official ↗

1. The provisions concerning municipalities and municipal authorities shall apply by analogy to associations, federations of municipalities, urban conglomerations, and any other form of public-law corporation comprising municipalities as provided for in this law or special laws, insofar as these provisions do not contradict the aforementioned laws.

Chapter XI

Art. 115 Act on Municipalities (LC) - Statutes [ 6, 14, 21, 33 ] Official ↗

1. The articles of association must determine

1. the member communes of the association;

2. the name of the association, its purpose or purposes;

3. the location of the association's registered office;

4. the main task or tasks undertaken by all member communes;

5. the optional task or tasks and the enumeration of the communes participating therein;

6. the representation of the communes on the intercommunal council and the authority for appointing delegates and, where applicable, their substitutes (general or communal council and/or municipality);

7. the rules relating to the convocation of delegates;

8. the composition of the management committee and the qualifications of its members;

9. the respective powers of the intercommunal council and the management committee;

10. the proportion in which the associated communes participate in the formation of the endowment capital and in the eventual profit or deficit of the association;

11. the resources of the association;

12. the method of distributing financial charges among member communes, depending on whether they relate to main tasks or optional tasks;

13. the possibility for the association to borrow, with the amount of the debt ceiling within the meaning of Article 143 needing to be specified, however;

14. the possibility for the association to offer services to other associations, federations, agglomerations or to other communes by administrative law contract;

15. the conditions to be observed for the admission of new communes and for the withdrawal of a commune, including the rights and obligations of the withdrawing commune;

16. the rules concerning the dissolution of the association, the fate of its assets and its debts.

Chapter XI

Art. 116 Act on Municipalities (LC) - Organs [ 14, 21, 33 ] Official ↗

1. The organs of the association are

a. the intercommunal council;

b. the management committee;

c. the management commission.

2. The members of these organs must be electors from the communes that are members of the association.

3. The members of the association's organs are installed before September 30 following general elections. They take office upon their oath of allegiance. For the remainder, Articles 89 to 93 of the present law are applicable.

Chapter XI

Art. 117 Act on Municipalities (LC) - Intercommunal Council [ 14 ] Official ↗

1. The intercommunal council is composed of delegates from the member communes of the association.

Chapter XI

Art. 118 Act on Municipalities (LC) Official ↗

**1. The Term of Office for Delegates**

The term of office for delegates is the same as that of municipal councilors. In municipalities where there is a general council, it is the same as that of municipal councilors.

**2. Designation of Delegates**

The designation of delegates takes place at the beginning of each municipal legislature, unless otherwise provided by the statutes.

**3. Revocation of Delegates**

Delegates may be revoked by the authority that appointed them.

Chapter XI

Art. 119 Act on Municipalities (LC) Official ↗

1. The council in the association serves the role of the general or municipal council within the community.

2. It appoints its president and secretary; it elects the members of the management committee, as well as its president.

3. It establishes regulations intended to ensure the operation of the service run by the association. Article 94 is reserved.

4. It may delegate certain of its powers to one or more committees.

Chapter XI

Art. 120 Act on Municipalities (LC) - Right to Vote [ 14 ] Official ↗

1. For decisions related to main tasks, all delegates to the intercommunal council shall participate in the vote.

2. For decisions related to optional tasks, only the delegates from the concerned municipalities shall participate in the vote.

3. Unless otherwise provided by the statutes, decisions are made by a simple majority.

Chapter XI

Art. 120a Act on Municipalities (LC) - Initiative and Referendum [ 6, 21, 26 ] Official ↗

1. The rights of initiative and referendum are exercised in the cases and under the conditions provided by the legislation on political rights [T].

Chapter XI

Art. 121 Act on Municipalities (LC) - Management Committee [ 14 ] Official ↗

1. A management committee of at least three members is chosen by the intercommunal council for the same duration as the latter.

2. It appoints a secretary, who may also be the secretary of the intercommunal council.

3. Members of the intercommunal council elected to the management committee lose their status as delegates.

Chapter XI

Art. 122 Act on Municipalities (LC) Official ↗

1. The committee exercises, within the framework of the association's activities, the functions established for municipalities.

2. It executes the decisions made by the council. It represents the association towards third parties.

3. It ensures that the service is used by users in accordance with the regulations established by the council, and it imposes the prescribed sanctions.

4. It appoints and dismisses staff and exercises disciplinary power over them.

5. The association's statutes may authorize a delegation of powers.

Chapter XI

Art. 123 Act on Municipalities (LC) - [ 6 ] Official ↗

1. The decisions made by the association, through its governing bodies, are enforceable without the approval of the member municipalities.

2. ...

3. The provisions of Chapter XIII are otherwise reserved.

Chapter XI

Art. 124 Act on Municipalities (LC) - Resources [6, 21] Official ↗

1. …

2. The association does not have the right to levy taxes. However, it may collect fees from users or beneficiaries of the service it operates.

3. The municipalities of the associated communes may be tasked with collecting the fees on behalf of the association.

Chapter XI

Art. 125 Act on Municipalities (LC) - Accounts, Budget, Management [6, 14] Official ↗

1. The association maintains an independent accounting system, subject to the rules of municipal accounting [U].

2. A budget center is opened in the administrative classification for each of the tasks. Common expenses as well as financial costs are allocated to each task according to distribution keys set by the inter-municipal council.

Chapter XI

Art. 125a Act on Municipalities (LC) - [ 14 ] Official ↗

1. The accounts are examined by the management committee of the association, which reports to the intercommunal council and provides its opinion.

2. The executive committee provides the management committee of the association with all the necessary documents and information for the execution of its duty.

Chapter XI

Art. 125b Act on Municipalities (LC) - [ 14 ] Official ↗

1. The executive committee prepares a management report, which it presents to the intercommunal council at the same time as the accounts.

2. The management report is reviewed by the association's management committee and, upon its recommendation, is approved by the intercommunal council. It is then communicated to the member municipalities.

3. The municipality annually informs the general or municipal council of the association's activities.

Chapter XI

Art. 125c Act on Municipalities (LC) - [ 14 ] Official ↗

1. The budget must be adopted by the inter-municipal council three months before the start of the fiscal year.

2. However, when the budget does not involve any deferral of expenses onto the budgets of the member municipalities, it may be adopted until December 15.

3. The vote on the accounts and management must take place before July 15.

4. The accounts are subject to the review and approval of the prefect of the district in which the association has its headquarters.

5. The budget and the accounts are communicated to the member municipalities of the association.

Chapter XI

Art. 126 Act on Municipalities (LC) - Amendment of the Articles of Association [6, 14, 21, 33] Official ↗

1. The articles of association may be amended by decision of the intercommunal council.

2. However, the amendment of the association's main purposes or main tasks, the amendment of the rules of representation of the municipalities within the association's bodies, the increase in endowed capital, the amendment of the method of apportioning charges, and the raising of the debt ceiling require the approval of the general or municipal council of each member municipality of the association, unless the articles of association provide for a qualified majority of the intercommunal council or of all the councils of the member municipalities of the association. The addition, amendment, or removal of this majority is subject to this paragraph.

3. Any amendment to the articles of association must be submitted for approval by the Council of State, which verifies its legality.

4. Amendments to the articles of association by decision of the intercommunal council must be communicated to the municipalities of the associated municipalities within ten days. Within twenty days from this communication, each municipality may submit observations regarding these amendments to the Council of State.

5. ...

Chapter XI

Art. 126a Act on Municipalities (LC) - Overriding Regional Interest [ 14 ] Official ↗

1. When an overriding regional interest justifies it, the Council of State may compel one or more municipalities to associate or join an association.

2. For the same reason, it may require an association to accept other municipalities.

3. In the absence of an agreement on the terms of membership, the Council of State shall decide.

4. In all cases, it shall hear the interested parties and seek the opinion of the prefect.

Chapter XI

Art. 127 Act on Municipalities (LC) - Dissolution [ 6, 33 ] Official ↗

1. The association is dissolved by the will of all the general or communal councils. In the event that all but one of the councils decide to withdraw from the association, it shall also be dissolved. The decision of dissolution is communicated to the Council of State.

2. The liquidation is carried out by the organs of the association. Toward third parties, the municipalities are jointly liable for the debts of the association.

3. In the absence of an agreement, the rights of the associated municipalities over the assets of an association in liquidation, as well as their mutual rights and obligations after the liabilities have been extinguished, are determined by arbitrators in accordance with Article 111.

4. Paragraph 3 similarly applies in the event of a dispute regarding the rights and obligations of a municipality that withdraws from an association.

Chapter XI

Art. 128 Act on Municipalities (LC) - Intercantonal Association of Municipalities [ 6, 14 ] Official ↗

1. When one or more municipalities of Vaud or an association of municipalities of Vaud wish to create, with one or more municipalities from another canton, a grouping similar to an association as defined in Articles 112 to 127, an inter-cantonal agreement is necessary. This agreement shall determine, in particular, the purpose and form of the grouping, the manner of control to which its management is subject, and the modalities for the resolution of any disputes.

2. For the conclusion of inter-municipal agreements, without legal personality, as defined in Article 110, with one or more municipalities from another canton, the approval of the Council of State is required.

Chapter XIbis

Art. 128a Act on Municipalities (LC) - Principle [ 6, 21 ] Official ↗

1. Municipalities may collaborate in the form of a federation of municipalities to jointly perform tasks that fall within municipal competence.

Chapter XIbis

Art. 128b Act on Municipalities (LC) - Applicable Law [6, 21] Official ↗

1. The provisions relating to associations of municipalities shall apply by analogy to federations of municipalities, subject to the following provisions.

Chapter XIbis

Art. 128c Act on Municipalities (LC) - Specificities [ 21 ] Official ↗

1. The member municipalities of a federation are, in principle, contiguous.

2. A municipality can only be part of one federation; however, its participation in other forms of collaboration remains possible.

3. The member municipalities of a federation must all delegate the same task or tasks to it.

Chapter XIbis

Art. 128d Act on Municipalities (LC) - Bodies and Composition [ 21 ] Official ↗

1. The organs of the federation are

a. the federation council, which is the deliberative authority;

b. the federation committee, which is the executive authority;

c. the management commission.

2. The federation council is composed of delegates from the communes that are members of the federation. They are elected by the general or communal council of the commune they represent. They must be members of that authority or municipal councillors.

3. The federation committee is composed of at least three members. It is elected by the federation council. The members of the federation committee must be municipal councillors of the member communes.

4. The members of the management commission must be members of the federation council.

Chapter XIbis

Art. 128e Act on Municipalities (LC) - Financing [21] Official ↗

1. The federation does not have the right to levy taxes and collect charges as its own resources. Its financing is ensured by contributions from the member municipalities.

2. The federation may be tasked with the collection of charges on behalf of its members from the users or beneficiaries of the service it operates. It may also be responsible for enacting the regulations and rates of the charges.

Chapter XIbis

Art. 128f Act on Municipalities (LC) - Participation in an Association of Municipalities Official ↗

1. A federation may be a member of an association of municipalities. The association's bylaws determine, in particular, the representation and financial participation of the federation.

Chapter XIter

Art. 128g Act on Municipalities (LC) - Principle [21] Official ↗

1. Municipalities may collaborate in the form of an agglomeration to jointly accomplish tasks within their communal jurisdiction, particularly tasks specific to the urban environment.

2. The agglomeration is composed of contiguous urban municipalities that

a. share at least one central city, and

b. are closely linked to each other, particularly from urban planning, economic, and socio-cultural perspectives.

Chapter XIter

Art. 128h Act on Municipalities (LC) - Organs [ 21 ] Official ↗

1. The agglomeration bodies are

a. the agglomeration council, which is the deliberative authority;

b. the agglomeration committee, which is the executive authority;

c. the management commission.

Chapter XIter

Art. 128i Act on Municipalities (LC) - Applicable Law [ 21 ] Official ↗

1. Furthermore, the provisions relating to federations of municipalities, including Article 128b, apply by analogy to agglomerations.

Chapter XIquater

Art. 128j Act on Municipalities (LC) - [ 21 ] Official ↗

1. Any municipality may establish an association for an ideal purpose, in accordance with Articles 60 and following of the Swiss Civil Code, with one or more other municipalities or with private individuals. It may also join such an association.

Chapter XIquater

Art. 128k Act on Municipalities (LC) - Creation and Dissolution [ 21 ] Official ↗

1. Municipalities may establish private law foundations.

2. Each year, the foundation's accounts must be brought to the attention of the general or municipal council by means of written communication.

3. The provisions of this article apply by analogy to foundations created by third parties or jointly with third parties in which the municipality is financially involved.

Chapter XII

Art. 129 Act on Municipalities (LC) Official ↗

1. Fractions of communes (hamlets, villages) can only be created by decree of the Grand Council in cases of acknowledged necessity.

2. Similarly, a fraction of a commune may be dissolved by decree. When the Council of State considers that the existence of a fraction is no longer justified, it proposes its dissolution.

3. In all cases, the commune and, respectively, the fraction of the commune are called upon to give their prior opinion.

Chapter XII

Art. 130 Act on Municipalities (LC) Official ↗

1. The decree determines the territory and the designation of the municipal fraction.

Chapter XII

Art. 131 Act on Municipalities (LC) Official ↗

1. The decree of the Grand Council definitively determines the assignments of the fraction of the municipality, assignments for which the municipality is, as a result, relieved of responsibility.

2. Subsequently, following an agreement between the municipality and the fraction of the municipality, a portion of the assignments of the latter may, by order of the Council of State, be returned to the former.

Chapter XII

Art. 132 Act on Municipalities (LC) Official ↗

1. The section of the municipality enjoys legal personality under public law for the exercise of its attributions. Within these limits, it is assimilated to a municipality. In all other respects, it continues to be part of its municipality.

Chapter XII

Art. 133 Act on Municipalities (LC) - Voters Official ↗

1. Are by law voters in the municipal section all active citizens with the right to vote at the municipal level and residing within the territory of the municipal section.

Chapter XII

Art. 134 Act on Municipalities (LC) - Organs Official ↗

1. The organs of the hamlet are

a. a village council or administrative council, according to a decision of the Grand Council;

b. an executive council.

2. The legal and regulatory provisions relating to the general council apply by analogy to the village council, those concerning the municipal council to the administrative council, and those on the municipality to the executive council. The president of the executive council is assimilated to the mayor.

Chapter XII

Art. 135 Act on Municipalities (LC) Official ↗

1. Public officials of the municipal fraction do not qualify as agents of the municipality.

Chapter XII

Art. 136 Act on Municipalities (LC) Official ↗

1. The provisions governing the election of the municipal bodies apply by analogy to the election of the fraction's bodies.

Chapter XIII

Art. 137 Act on Municipalities (LC) - Power of Supervision [ 21 ] Official ↗

1. The State ensures that the municipalities are governed in accordance with the law.

2. ...

Chapter XIII

Art. 138 Act on Municipalities (LC) - Supervisory Bodies Official ↗

1. The power of supervision is exercised by the Council of State, by the department in charge of relations with the municipalities [R], by the prefects, and by the other authorities designated by special laws.

Chapter XIII

Art. 139 Act on Municipalities (LC) Official ↗

1. The Council of State is the supreme supervisory authority.

2. It is competent in all cases where the law does not provide for the intervention of another authority.

3. It may be appealed against any decision of another supervisory authority.

4. Its decisions are final.

Chapter XIII

Art. 139a Act on Municipalities (LC) - [21] Official ↗

1. When the municipality cannot be constituted or is temporarily not constituted, the Council of State fills the vacant seats; for this purpose, it preferably addresses voters domiciled in the municipality. It may also, if necessary, place the municipality under administration.

Chapter XIII

Art. 139b Act on Municipalities (LC) - Suspension and Revocation [ 21, 33 ] Official ↗

1. In the presence of serious grounds, upon request by the municipality or by a two-thirds majority of the general or communal council, the State Council may suspend one or more members of the municipality or of the general or communal council. The State Council determines the duration of the suspension, which may not exceed one year. The decision is renewable if criminal proceedings remain pending.

2. Serious grounds include all circumstances which, according to the rules of good faith, do not permit the continuation of the mandate for which the member(s) of the municipality or of the general or communal council were elected, or which are likely to compromise the trust or authority implied by their functions. Such grounds notably include the opening of a criminal investigation for a crime or an offense, a lasting incapacity, a prolonged absence, or a violation of the provisions of this law regarding conflicts of interest or the prohibition against accepting or soliciting gratuities or other benefits (within the meaning of Articles 65a and 100a of this law).

3. The State Council submits the question of the revocation of one or more members of the municipality or of the communal council to the electoral body of the commune concerned

a. when the duration of the suspension has expired and the person concerned is still incapacitated or absent;

b. when the person concerned has been the subject of a final and enforceable criminal conviction for a crime or an offense;

c. when an administrative inquiry has established the responsibility of the person concerned in a disruption of relations with their counterparts and an attempt at conciliation by the prefect or head of the department in relation to the communes has failed;

d. when an administrative inquiry has established the occurrence of one of the cases referred to in Articles 65a and 100a of this law.

4. When such grounds concern one or more members of the general council, the State Council submits the question of revocation to that body. The law on the exercise of political rights [M] governs the procedure.

5. If several members of the municipality or of the communal council are suspended, Articles 139 and 139a of this law and 82, 86 to 87 of the Law of May 16, 1989, on the exercise of political rights apply.

Chapter XIII

Art. 140 Act on Municipalities (LC) Official ↗

1. The department in charge of relations with the municipalities [R] directs the activities of the lower supervisory authorities. It coordinates the activities of other departments in the matter of municipal supervision.

2. It may issue recommendations or warnings to the municipal authorities.

3. It holds decision-making and directive powers only in cases expressly provided for by law.

Chapter XIII

Art. 140c Act on Municipalities (LC) - [ 16, 33 ] Official ↗

1. The Council of State may grant financial assistance to indebted municipalities, according to criteria it establishes by order.

Chapter XIII

Art. 141 Act on Municipalities (LC) Official ↗

1. Prefects regularly monitor the activity and management of the municipalities within their district and report to the department responsible for relations with municipalities [R].

2. They may attend sessions of the general or municipal councils, but only with a consultative voice.

3. They may consult the records at any time, and at least once a year, they review the minutes registers and other municipal records, as well as the accounts of the municipalities.

4. Of their own initiative or at the request of the Council of State or the department responsible for relations with municipalities, they may conduct administrative inquiries at any time and request reports on specific matters from municipal authorities.

Chapter XIII

Art. 142 Act on Municipalities (LC) - Real Estate [ 6, 21 ] Official ↗

1. Municipal decisions involving the alienation of real estate or real property rights must be communicated to the prefect. The same applies to decisions involving the alienation of shares or interests in real estate companies.

2. …

3. …

Chapter XIII

Art. 143 Act on Municipalities (LC) - Loans [ 21 ] Official ↗

1. At the beginning of each legislative session, municipalities shall determine a debt ceiling within the framework of the borrowing policy. They shall inform the department in charge of relations with the municipalities, which shall take note of it.

2. When the debt ceiling is modified during the legislative session, it must be subject to a request for authorization from the Council of State, which examines the municipality's financial situation.

3. A decision to prohibit an increase in the debt ceiling may be made by the Council of State if the new ceiling limit jeopardizes the municipality's financial balance.

4. The Council of State shall establish by regulation the procedures for examining the financial situation of municipalities.

5. Sureties or other forms of guarantees are subject to the same rules of application as loans.

Chapter XIII

Art. 144 Act on Municipalities (LC) - Sanctions [ 6 ] Official ↗

1. When a municipal authority neglects to undertake a task or fulfill a legally mandatory act, the Council of State may, after issuing at least one formal warning, take the necessary measures or assign another cantonal authority to do so, at the expense of the defaulting municipality.

2. The Council of State may also compel the defaulting municipality to join an intercommunal agreement or association of municipalities willing to accept it, if the purpose of such an agreement or association involves tasks or acts similar to those neglected by the municipality.

Chapter XIII

Art. 145 Act on Municipalities (LC) - Appeals [ 12, 33 ] Official ↗

1. Decisions made by the municipal or general council, the municipality, or the prefect that have a predominantly political character, as well as disputes concerning procedural errors or other irregularities likely to have affected the decision of the council or the municipality, may be subject to an administrative appeal to the Council of State.

2. In case of doubt regarding the nature of the decision, Article 7 of the Law of October 28, 2008, on Administrative Procedure [V] is applicable.

Chapter XIII

Art. 146 Act on Municipalities (LC) Official ↗

1. Subject to special legal provisions, either ex officio or upon the request of the head of the department in charge of relations with the municipalities, the prefect, or a citizen, the Council of State may annul for illegality any decision referred to in Article 145 that a municipal authority has made pursuant to its public law powers under this law.

2. The request must be submitted no later than thirty days from the notification, publication, or issuance of the contested decision.

Chapter XIII

Art. 147 Act on Municipalities (LC) - State Oversight of Intermunicipal Collaborations and Municipal Fractions [ 21 ] Official ↗

1. The provisions of the present chapter shall apply by analogy to the state supervision of parts of municipalities, associations and federations of municipalities, and urban communities.

2. If these entities comprise municipalities from different districts, the competent prefect shall be the one from the district where the entity has its headquarters.

Chapter XIII

Art. 148 Act on Municipalities (LC) Official ↗

1. Supervision of parts of municipalities is the responsibility of the district prefect.

Chapter XIII

Art. 149 Act on Municipalities (LC) - [ 13, 33 ] Official ↗

1. Except as otherwise provided in this Act, the provisions of the Administrative Procedure Act of October 28, 2008, [V] are applicable.

Chapter XIV, Section I

Art. 150 Act on Municipalities (LC) - Motives [ 21 ] Official ↗

1. The Council of State, following an inquiry, places under direct administration any municipality whose authorities have deviated from their duties.

2. Authorities are deemed to have deviated from their duties, in particular, those who, either knowingly, or through gross imprudence or negligence, or through repeated imprudence or negligence, have, by act or omission

- contravened laws, regulations, or, in cases expressly provided for by law, orders given by the Council of State;

- significantly diminished the assets of the communal treasury, foundations, bequests, funds, etc., or any other assets administered by the communal authorities;

- or jeopardized the financial balance of the municipality, foundations, bequests, funds, etc., or any other assets administered by the communal authorities.

3. Article 139a is reserved.

Chapter XIV, Section I

Art. 151 Act on Municipalities (LC) Official ↗

1. The Council of State reports to the Grand Council which, in its next session, confirms or revokes the measure taken.

Chapter XIV, Section I

Art. 152 Act on Municipalities (LC) - Management Council and Manager Official ↗

1. The municipality is replaced either by a management board composed of three to five members or by a single administrator to whom the provisions set forth below also apply.

2. Once the placement under management is ratified by the Grand Council, the Council of State may order new elections for the municipal council if, based on experience, this measure appears indispensable.

Chapter XIV, Section I

Art. 153 Act on Municipalities (LC) Official ↗

1. The State Council appoints the president and the members of the management board. It may relieve them of their mandate at any time.

2. The State Council may call one or more members of the municipality to become part of the management board.

Chapter XIV, Section I

Art. 154 Act on Municipalities (LC) - Jurisdiction Official ↗

1. The board of directors and its president possess all the powers granted to municipalities by laws and regulations.

Chapter XIV, Section I

Art. 155 Act on Municipalities (LC) Official ↗

1. The department responsible for relations with the municipalities [R] determines the remuneration of the regulatory council. Exceptionally, it may allocate a portion of this remuneration to the State.

Chapter XIV, Section I

Art. 156 Act on Municipalities (LC) Official ↗

1. Under penalty of the sanctions provided in articles 286 and 292 of the Penal Code [W], the municipality shall deliver to the governing council all papers, titles, documents, books and registers, monetary values, and other effects belonging to the commune.

2. This delivery shall take place in the presence of the district prefect, within the timeframe and in the manner determined by the department in charge of relations with the communes [R].

Chapter XIV, Section I

Art. 157 Act on Municipalities (LC) - Control [ 21 ] Official ↗

1. The State Council oversees the activities of the governance board through the department responsible for relations with the municipalities. This department can issue directives to the governance board. It may, at any time, but subject to the rights of third parties, suspend, annul, or amend measures taken by the governance board on grounds of illegality.

Chapter XIV, Section I

Art. 158 Act on Municipalities (LC) - Role of the Management Board Official ↗

1. The management board takes, within the limits of its powers, the measures necessary to remedy the situation that led to the imposition of management, including, if necessary, measures to reduce expenses and increase revenues required to restore and maintain the financial balance of the municipality.

2. If the measures it deems necessary for these purposes fall within the competence of the general or municipal council, it makes proposals to this body.

3. The provisions of Articles 159 to 162 are applicable only when the management board expressly bases its proposals on the present article.

Chapter XIV, Section I

Art. 159 Act on Municipalities (LC) - Role of the General or Municipal Council Official ↗

1. The general or municipal council shall, within a period of twenty days, make the necessary decisions to give legal force to the proposals of the management council.

Chapter XIV, Section I

Art. 160 Act on Municipalities (LC) Official ↗

1. The general or municipal council may, however, within the same period, decide to raise its objections to the said proposals with the Council of State and submit counter-proposals.

2. The resolution of the general or municipal council must be transmitted to the Council of State within ten days, along with all useful explanations.

3. The Council of State decides without delay. Unless it refers the matter back to the management council, it issues decisions in its ruling that will have the force of law.

Chapter XIV, Section I

Art. 161 Act on Municipalities (LC) Official ↗

1. In the event of non-compliance with Articles 159 and 160, the Council of State has the right to amend the decisions that may have been taken by the general or municipal council, to annul them, or to issue, in place of the latter, the necessary decrees or regulations.

Chapter XIV, Section I

Art. 162 Act on Municipalities (LC) - Intervention of the Council of State Official ↗

1. The board of directors has the authority to oppose any decision of the general or municipal council within ten days. The execution of the decision is then suspended.

2. At the first session following the opposition, the general or municipal council may decide to appeal to the Council of State against it. The resolution of the general or municipal council must be transmitted to the Council of State within ten days, with all necessary explanations. The Council of State shall rule promptly. In its decision, it shall determine, where applicable, the decisions that will have the force of law.

3. If the general or municipal council decides not to file an appeal or if the appeal is not transmitted to the Council of State within ten days, the measure opposed is, by law, voided.

Chapter XIV, Section I

Art. 163 Act on Municipalities (LC) Official ↗

1. When the general or communal council cannot be constituted in accordance with the law, the Council of State shall take, in lieu and place of that body and upon the proposal of the management council, the necessary decrees, regulations, and decisions.

Chapter XIV, Section I

Art. 164 Act on Municipalities (LC) - Lifting of the Management Official ↗

1. The administration is lifted by the Council of State, either ex officio or upon request by the interested parties, as soon as it no longer appears necessary. The Council of State communicates its decision to the Grand Council and proceeds with the election of a new municipal body.

2. If the imposition of administration was prompted by the non-fulfillment of the financial obligations of the municipality, it must be established that it is once again fulfilling and is capable of fulfilling, in the future, said obligations in their entirety.

Chapter XIV, Section II

Art. 165 Act on Municipalities (LC) - Grounds Official ↗

1. The Council of State, after investigation, places under control any municipality that finds itself, or will certainly find itself, in a permanent inability to meet its financial obligations when due.

2. The same measure can be taken by the Council of State in the cases referred to in Article 150, when their severity does not seem to justify placing under receivership.

Chapter XIV, Section II

Art. 166 Act on Municipalities (LC) Official ↗

1. The State Council reports to the Grand Council, which, in its next session, confirms or revokes the measure taken.

Chapter XIV, Section II

Art. 167 Act on Municipalities (LC) - Control Commission and Commissioner Official ↗

1. In the case of Article 165, the authorities of the municipality and its administration are subject to supervision either by a supervisory commission composed of three to five members or by a single commissioner to whom the following provisions also apply.

Chapter XIV, Section II

Art. 168 Act on Municipalities (LC) Official ↗

1. The Council of State appoints the president and members of the supervisory commission. It may relieve them of their mandate at any time.

Chapter XIV, Section II

Art. 169 Act on Municipalities (LC) Official ↗

1. The department responsible for relations with local authorities [R] determines the remuneration for the supervisory commission. Exceptionally, it may place all or part of this remuneration at the expense of the State.

Chapter XIV, Section II

Art. 170 Act on Municipalities (LC) - Control [ 21 ] Official ↗

1. The Council of State oversees the activities of the commission through the department responsible for relations with communes. This department may provide direction to the control commission. It may, at any time, but subject to the rights of third parties, suspend, annul, or modify measures taken by the control commission due to illegality.

Chapter XIV, Section II

Art. 171 Act on Municipalities (LC) - Role of the Control Commission Official ↗

1. The supervisory commission has, regarding all municipal matters, particularly those that may directly or indirectly affect the finances of the municipality, an unlimited right of investigation and oversight.

2. It may attend or be represented by one of its members at municipal meetings. It has a consultative voice and the right of initiative there. It may request communication or copies, free of charge, of the minutes and useful documents.

Chapter XIV, Section II

Art. 172 Act on Municipalities (LC) Official ↗

1. The supervisory commission proposes to the authorities of the municipality the appropriate measures to remedy the situation that led to being placed under supervision, including measures to reduce expenditures and increase revenues necessary to restore and maintain the financial balance of the municipality.

Chapter XIV, Section II

Art. 173 Act on Municipalities (LC) - Role of the General or Communal Council Official ↗

1. The reasoned proposals of the control commission, which fall within the competence of the general or municipal council, are transmitted to it within the deadline set by the control commission and, in the absence of a deadline, within thirty days, by the municipality providing its notice.

2. A commission is immediately appointed and the general or municipal council convened, if necessary, within the deadline set by the control commission. The commission of the general or municipal council must hear the control commission.

Chapter XIV, Section II

Art. 174 Act on Municipalities (LC) Official ↗

1. The competent municipal authority responsible for ruling on the proposals of the control commission shall, within a period of twenty days, make the necessary decisions to give these proposals the force of law.

Chapter XIV, Section II

Art. 175 Act on Municipalities (LC) - Intervention of the State Council Official ↗

1. This authority may, however, within the same period, decide to present its objections to the Council of State regarding the proposals of the supervisory commission, and formulate counter-proposals.

2. The resolution of the general or communal council, or of the municipality, must be transmitted to the Council of State within ten days, along with all necessary explanations. The general or communal council may appoint the municipality to represent it.

3. The Council of State shall make a decision promptly. Unless it refers the matter back to the supervisory commission, it shall issue decisions in its ruling that will have the force of law.

Chapter XIV, Section II

Art. 176 Act on Municipalities (LC) Official ↗

1. In the event of non-compliance with Articles 173 to 175, the Council of State has the right to amend the decisions that may have been made by the municipality or by the general or communal council, to annul these decisions, or to issue, in place of the communal authorities, the necessary orders or regulations.

Chapter XIV, Section II

Art. 177 Act on Municipalities (LC) Official ↗

1. The supervisory commission has the right to object to any decision of a municipal authority within ten days. The execution of the decision is then suspended.

2. The municipality or, in the case of a measure by the general or municipal council, such council may decide, in its next session, to appeal to the Council of State against the objection. Its resolution must be submitted to the Council of State within ten days, with all necessary explanations. The general or municipal council may appoint the municipality to represent it. The Council of State shall rule without delay. It shall, where applicable, establish in its decision the provisions that will have the force of law.

3. If the municipal authority decides not to file an appeal or if the appeal is not submitted to the Council of State within ten days, the measure subject to objection shall be considered, as of right, rescinded.

Chapter XIV, Section II

Art. 178 Act on Municipalities (LC) - Lifting of Control Official ↗

1. Control is lifted by the Council of State, either ex officio or upon request by the interested parties, as soon as it no longer appears necessary. The Council of State communicates its decision to the Grand Council.

2. If the imposition of control was prompted by the municipality's failure to fulfill its financial obligations, it must be established that the municipality is again fulfilling and is capable of fulfilling in the future said obligations in their entirety.

Chapter XIV, Section III

Art. 179 Act on Municipalities (LC) - Appeal Official ↗

1. The directives issued by the department in charge of relations with municipalities [R] to the authorities of a municipality under administration or control are mandatory.

2. These directives, as well as the decisions made by the department in charge of relations with municipalities pursuant to this chapter, may be subject to an appeal to the Council of State within ten days from their communication.

Chapter XIV, Section III

Art. 180 Act on Municipalities (LC) Official ↗

1. The Council of State has the right, for the purpose of economy, to exempt, for a specified period, the municipality under administration or control from certain of its legal obligations.

Chapter XIV, Section III

Art. 181 Act on Municipalities (LC) - Referendum Official ↗

1. During the period of management or control, the exercise of the communal referendum is suspended with respect to the decisions referred to in Articles 158 and following, as well as Article 172 of this law.

Chapter XIV, Section III

Art. 182 Act on Municipalities (LC) - Liability [ 2, 21 ] Official ↗

1. The members of the management board and the supervisory commission are deemed to be cantonal collaborators within the meaning of the Law on the Liability of the State, Municipalities, and their Agents [X] and the Law on State Personnel of Vaud [Y].

Chapter XV

Art. 183 Act on Municipalities (LC) - [ 32 ] Official ↗

1. The hamlets of Payerne and the brotherhoods of the Gros-de-Vaud district are treated by analogy as fractions of a municipality, particularly with regard to the supervision of their management and the rules relating to the disposal of their assets.

Chapter XV

Art. 183bis Act on Municipalities (LC) - [ 1 ] Official ↗

1. Municipalities that, at the time of the law's entry into force, held an authorization to replace their general council with a municipal council, may be authorized, upon a justified request to the Council of State, to maintain the number of municipal council members at 45.

Chapter XV

Art. 183ter Act on Municipalities (LC) - [ 33 ] Official ↗

1. The terms of office of the members of the inter-municipal association bodies installed before September 30 following the general elections (Article 116, paragraph 3 of this law) for the 2011 to 2016 legislative term are extended until the aforementioned date.

Chapter XV

Art. 187 Act on Municipalities (LC) Official ↗

1. The following are hereby repealed

1. the law of 21 November 1850 on municipal emoluments;

2. the law of 18 May 1876 on the powers and jurisdiction of communal authorities, as amended by the laws of 27 August 1896, 22 November 1899, 14 May 1907, 23 April 1923, and 8 September 1954;

3. the law of 16 September 1885 on the organisation of communal authorities, as amended by the laws of 2 September 1908, 19 May 1920, 1 September 1941, and 8 September 1954;

4. the law of 25 November 1936 concerning the placement under direct management (régie) and control of communes;

5. the law of 1 December 1919 granting communal authorities the necessary powers to set shop closing hours;

6. all provisions contrary to the present law.

Chapter XV

Art. 188 Act on Municipalities (LC) Official ↗

1. The Council of State is responsible for the execution of this law, which shall come into force on July 1, 1956.

Act on Municipalities (LC) - Designation [ 21 ] (LC)

Table of Provisions (232)

Statutory Text (232 Provisions)

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