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181.43 CH-ZH

Ordinance on Supervision and Visitation in Parish Communities

30 Articles / Provisions · Switzerland · Canton of Zurich
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Table of Provisions (30)

Statutory Text (30 Articles)

1 This Ordinance governs

Scope

a. supervision in the parish communities by the Church Board and a. Principle

in the parish federations by the Executive Board,

b. supervision and visitation in the parish communities and parish

federations by the District Church Boards and the Church

Council.

2 The supervision by the District Councils and the Government Council according to § 12

para. 2 of the Church Law remains reserved.⁹

Parish communities within the meaning of this Ordinance are

a. Parish communities within the meaning of Art. 177 para. 1 KO,

b. Parish associations that have a uniform tax rate and central tax collection.

Church Boards, District Church Boards, and the Church Council supervise the mandate within the scope of their jurisdiction, ensuring that authorities and bodies, as well as female pastors, pastors, and employees, fulfill their duties conscientiously and lawfully in their official, public, and professional actions.

9 1 Supervision and visitation are primarily carried out through an open process and, in conflict situations, through mediation with the parties involved.

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181.43 On supervision and visitation in parishes

2 To the extent necessary, the Church Council (Kirchenpflege), District Church Council (Bezirkskirchenpflege), and Cantonal Church Council (Kirchenrat) consult with each other, as well as with the Dean and the presidents of the Diaconate, Church Music, or Catechetics Chapters. The Church Council and District Church Council, if needed, seek advice from the Cantonal Church Council or the bodies designated by it regarding their approach.

3 If consultation, accompaniment, and mediation remain unsuccessful, the Church Council, District Church Council, and Cantonal Church Council issue appropriate supervisory orders within the scope of their competence.

a. Principle

b. Procedure

c. Procedural

rules

d. Forms

and templates

Supervisory

Orders

a. Principle

The mandate pursuant to § 3 includes in particular

a. maintaining relationships with supervised and visited persons, authorities, and bodies,

b. visiting offerings in the church parishes,

c. offering and arranging for advice and support,

d. for church councils and district church councils, reporting to the superior authority,

e. ordering supervisory measures.

1 For the actions of the Church Boards, District Church Boards and the Church Council, Sections 4a–17 of the Administrative Justice Act4 are decisive.

2 Church Boards, District Church Boards and the Church Council document their actions, in particular through the orderly maintenance of files and through the creation of reports, minutes or file notes.

The Church Council provides the Church Boards and District Church Boards with forms, templates, and instructions for exercising their supervisory and visitation activities, as well as for reporting.

1 Ecclesiastical Parishes, District Ecclesiastical Parishes, and the Ecclesiastical Council shall,

with due regard for the principle of proportionality, promptly intervene

with appropriate remedial measures as soon as they identify abuses, malpractices,

breaches of duty, or violations of law within the scope of their supervisory

and visitation activities.

2 The provisions of the Parish Act concerning supervision apply mutatis mutandis

to jurisdiction and preconditions.⁹

3 Supervisory orders shall be served, in addition to the directly

affected persons, authorities, and bodies, as follows

a. by the Ecclesiastical Parish to the District Ecclesiastical Parish,

b. by the District Ecclesiastical Parish to the Ecclesiastical Council.

2

On Supervision and Visitation in Ecclesiastical Parishes

181.43

9 1 If supervised or inspected individuals, authorities, and bodies refuse to comply with the directives of the Church Board, District Church Board, or Church Council, or are unable to do so, the Church Board, District Church Board, and Church Council may take the necessary measures in place of the defaulting individuals, authorities, and bodies.

2 The provisions of the Municipal Act concerning supervision shall apply mutatis mutandis to supervisory measures.

3 In all cases, the following remain reserved

a. dismissal from office or service and suspension from office or service in accordance with Art. 224 KO,

b. personnel-related directives in accordance with the Church Order and Personnel Ordinance.

1. Meetings of Church Boards, District Church Boards and Church

c. Costs

Council make supervisory orders, as a rule, the supervised or

visited authorities and bodies bear the costs of the proceedings

and measures.

2. The costs can be wholly or partly transferred to members of the

authorities, pastors, or employees if they have acted

intentionally or with gross negligence.

3. Otherwise, the provisions of the Liability Act³ apply.

2nd Section: Supervision by the Church Board

The Church Council is responsible for supervision in the parish, in accordance with Art. 164 of the Church Ordinance.

1 The Parish Council supports pastors, employees, and volunteers of the parish in fulfilling their duties, particularly through participation in their activities and by promoting further education.

2 The members of the Parish Council gain insight into the work of pastors, employees, and volunteers of the parish within their area of responsibility through discussions and by participating in parish life.

3 Members of the Parish Council inform their authority as needed about visits to events and discussions within their area of responsibility. They conduct attendance checks and discussion minutes upon special resolution of the Parish Council. They present special findings at the next meeting of the Parish Council.

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181.43 Regulation on Supervision and Visitation in Parishes

Information

1 The Parish Council (Kirchenpflege) and the Parish Assembly (Gemeindekonvent) shall inform the member of the District Church Council (Bezirkskirchenpflege) responsible under § 15 para. 1 in a timely manner about ecclesiastical events, particularly by providing the worship schedule, timetables for religious education modules, and event programs.

2 The Parish Council (Kirchenpflege) shall submit to the District Church Council (Bezirkskirchenpflege), in particular

a. by June 30 of the year following the reporting year, the annual report accepted by the Parish Assembly (Kirchgemeindeversammlung) or the Parish Parliament (Kirchgemeindeparlament),

b. by June 30 of the year following the financial year, the annual financial statements, including the proposals of the audit committee and the corresponding resolutions of the Parish Assembly (Kirchgemeindeversammlung) or the Parish Parliament (Kirchgemeindeparlament), as well as the report on the financial-technical audit of the financial management and accounting of the parish,

c. within 30 days after approval by the Parish Assembly (Kirchgemeindeversammlung) or the Parish Parliament (Kirchgemeindeparlament), the budget,

d. the staffing plan,

e. the parish concept for religious education modules,

f. upon request, further documents required for the exercise of supervisory and visitation activities.

3 The executive board of a parish association (Kirchgemeindeverband) within the meaning of § 2 lit. b shall inform the District Church Council (Bezirkskirchenpflege) in accordance with para. 2 lit. a-d and f.

**Competence**

**Organization**

a. Principle

b. Committees

**Section 3: Supervision and Visitation by the District Church Council**

1 The District Church Council is responsible for supervision and visitation in the parishes in accordance with Art. 186 KO.

**2 Services and institutions in which a parish association is involved and which have their own supervisory body are not subject to supervision and visitation by the District Church Council.**

9 1 When constituting itself, the District Ecclesiastical Board designates a responsible member for each parish for the term of office.

2 It may assign specific areas of responsibility to its members and regulates their competencies.

1 The District Ecclesiastical Board may delegate certain areas of responsibility for the term of office to individual members or groups of members for independent execution. This resolution requires the approval of the Church Council.

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regarding supervision and visitation in the parishes

181.43

2 The District Ecclesiastical Board shall take note of directives issued by the members declared competent according to paragraph 1, at the next meeting, for inclusion in the minutes.

3 A re-evaluation may be requested against directives issued by the members declared competent according to paragraph 1. The provisions of the Municipal Act regarding re-evaluation apply mutatis mutandis.⁹

4 If questions of fundamental importance arise in connection with directives issued by the members declared competent according to paragraph 1, they shall refer the matter to the District Ecclesiastical Board for decision.

1. **Parish Council manages the accounts of the district church treasuries**

The Parish Council manages the accounts of the district church treasuries. Income, donations, bequests, and other contributions to the district church treasuries accrue to the central fund of the Regional Church.

2. The district church treasuries shall submit to the Parish Council, for the attention of the Central Fund's budget, a statement of the anticipated expenditure for the following year by mid-May each year.

¹ The member of the District Ecclesiastical Care Board responsible according to § 15 performs the task according to § 3 in the parishes assigned to him or in his area of responsibility. Reporting to the District Ecclesiastical Care Board is governed by § 22 para. 1 and 2.

² The responsible member of the District Ecclesiastical Care Board gains an impression of the work of the church board members, pastors, and employees in the parish assigned to him or in his area of responsibility through visits and discussions with them.

³ The members of the District Ecclesiastical Care Board maintain a visit log. This log is archived by the District Ecclesiastical Care Board at the end of each term of office.

¹ Oversight and Visitation by the Responsible Member of the District Church Council – Scope

The oversight and visitation by the responsible member of the District Church Council shall include at least

a. in the first year of a parish’s allocation, attendance at one meeting each of the parish council and the congregational assembly,

b. per term of office, one discussion each with the president of the parish council and the head of the congregational assembly,

c. per term of office, one discussion each with the members of the parish council responsible for religious education modules and for diaconia,

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181.43 Ordinance on Oversight and Visitation in Parishes

d. per term of office, once, accompanied by another member of the District Church Council, a visitation of the official activities of the parish council and the audit committee, the administrative area, the congregational budget and the accounting of the parish, as well as the parish archive, the pastoral archive, and the church registers,

e. upon archive transfers, visitation of the parish archive or the pastoral archive and the church registers,

Financial Management

f. per term of office, visits to the pastors with subsequent discussions twice during divine service and once during another event, particularly a religious education module,

g. further visits and discussions, especially with employees of the parish, as needed and in consultation with the District Church Council or on behalf of the Church Council.

² In parish federations within the meaning of § 2 lit. b, oversight and visitation by the responsible member of the District Church Council shall be governed by para. 1 lit. a, b, d, e, and g.

The supervision by the District Church Administration of the financial management and accounting of the parishes is governed by the Financial Ordinance7. It includes, in particular

a. the control of the existence of the audit report from the auditing commission, as well as the documentation of the budget and accounts approval by the church administration and the parish assembly or the parish parliament,

b. the control of the implementation of necessary measures by the church administration based on the report on the financial-technical audit of the financial management and accounting of the parish,

c. the examination of the development of equity in relation to the income or expenditure surplus of the parish,

d. the use of funds from special financing and earmarked grants,

e. other audits prescribed by the Church Council.

The District Church Council may invite the church parishes to district assemblies or district assemblies and district conferences for consultation on current issues of the district, or organize events together with church parishes.

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Ordinance on Supervision and Visitation in the Church Parishes 181.43

1 The members of the District Church Council report on their visits and discussions as well as on the results of their supervisory and visitation activities.

a. In the

District

2 Written reports are prepared in accordance with a resolution of the District Church Council, on the order of the Church Council, or upon a justified request from the supervised and visited persons, authorities, and bodies. These and the relevant Church Council receive a copy of the report.

3 The Dean reports to the District Church Council on visits and discussions taking place within the framework of Art. 192 para. 1 lit. b-e of the Church Ordinance. Insofar as the Dean prepares a written report at the request of the District Church Council, on the order of the Church Council, or upon a justified request from a pastor within the framework of Art. 192 para. 1 lit. c of the Church Ordinance, the pastor, the relevant Church Council, and the District Church Council receive a copy of the report. Professional secrecy according to Art. 101 of the Church Ordinance remains reserved in all cases.

1 The District Church Boards shall submit individual reports to the Church Council upon its request or in connection with special findings, orientation letters, and directives, with simultaneous notification to the supervised and visited persons, authorities, and bodies, as well as to the respective Church Board.

2 The District Church Boards shall report annually to the Church Council on their activities. They shall particularly point out important findings resulting from their supervisory and visitation activities. As part of their annual reporting, they shall inform the Church Council of the results of the audit of the financial household and accounting of the church communities, especially regarding the existence and redemption of balance sheet deficits. The Church Council determines the deadline for submitting the annual report.

3 The District Church Boards shall provide the Church Council with additional documents upon request, which the latter requires for the exercise of supervision and visitation.

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181.43

Ordinance on Supervision and Visitation in the Church Communities

Section 4: Supervision and Visitation by the Church Council

Mandate

Financial Household

and Accounting

Consultation and

Support

Finances

1. The Church Council, in accordance with Art. 220 para. 2 lit. l and m of the Church Ordinance (KO),

exercises supervision over the district church councils (Bezirkskirchenpflegen) and supreme supervision

over the church congregations (Kirchgemeinden), their authorities and bodies, as well as over the

parish offices (Gemeindepfarrämter) and the employees of the church congregations. In individual cases,

it designates the documents required by it for the exercise of supreme supervision.

2. The Church Council ensures the equal and uniform exercise of supervision and visitation. It supports

the church councils (Kirchenpflegen) and district church councils (Bezirkskirchenpflegen) in this regard.

3. In justified cases, the Church Council may directly exercise supervision and visitation itself

instead of the respective church councils (Kirchenpflegen) and district church councils (Bezirkskirchenpflegen).

The competencies of the church councils (Kirchenpflegen) and the Church Council as per

the Personnel Ordinance remain reserved.

4. If the Church Council assumes supervision and visitation in accordance with para. 3, it shall inform the

persons, authorities, and bodies involved, as well as the district church council (Bezirkskirchenpflege)

and the Dean (Dekanin or Dekan), as soon as possible.

9 Supervision by the Church Council over the Financial Management and Accounting of Parishes is governed by the Financial Ordinance7.

1 The bodies designated by the Church Council advise the Church Boards and the District Church Boards on matters of supervision, visitation, and jurisdiction. They provide professional and administrative support to the District Church Boards as needed.

2 The Church Council provides the necessary material and personnel resources for this purpose.

Section 5: Transitional and Final Provisions

1 If a District Church Board maintains its own treasury at the time

this Ordinance comes into force, it retains the right to dispose of the

equity capital existing at that time. This is to be used for financing the

expenses of the District Church Boards, particularly in connection with

district assemblies, district conventions, and other events.

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On the Supervision and Visitation in Parish Congregations

181.43

2 If a District Church Board maintains its own treasury, it shall annually

prepare an account thereof for the attention of the Church Council. It

shall submit this together with the annual report.

3 The Church Council may take into account the equity capital of a

District Church Board when assuming its expenses.

1. Revocation of the Ordinance concerning Visitation in Parishes of June 16, 1993

The Ordinance concerning Visitation in Parishes of June 16, 1993, is hereby revoked upon the entry into force of this Ordinance.

2. Conflicting Previous Legal Provisions

Ordinances, guidelines, directives, and resolutions of the Church Council, the District Church Administrations, the parishes, the parish associations, and the parish federations that conflict with this Ordinance are hereby revoked upon the entry into force of this Ordinance.

For Supervision and Inspections as well as for all Ongoing Procedures

For supervision and inspections, as well as for all procedures ongoing at the time this Ordinance comes into force, this Ordinance shall apply from that point in time.

**Entry into Force**

This Ordinance comes into force on 1 July 2011.

1 OS 66, 299; for justification, see ABI 2011, 368.

2 LS 131.1.

3 LS 170.1.

4 LS 175.2.

5 LS 180.1.

6 LS 181.10.

7 LS 181.13.

8 LS 181.40.

9 Version in accordance with decision of the Church Council of 29 January 2020 (OS 75, 233; ABI 2020-

02-07). In force since 1 October 2020.

10 Repealed by decision of the Church Council of 29 January 2020 (OS 75, 233; ABI

2020-02-07). In force since 1 October 2020.

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