Legal bases: Switzerland
 

The Ombudsperson of the City of Zurich:
Legal basis


Act of the government of the City of Zurich (of April 26, 1970
with amendments of June 21, 1992):

Art. 14

The following decisions by the city legislative council cannot be voted on by the municipality:

1) Decisions regarding the adjustment of inflation allowances and inflation-related adjustments to the salaries of employees of the City of Zurich. The employees concerned include teachers, the Mayor, other members of the city executive council, the Ombudsperson, debt collection officers, magistrates, school principals and members of the guardianship court.

Art. 25

The Ombudsperson attends council meetings at which his/her reports are dealt with. He/she is given the opportunity to comment during discussions on matters which concern his/her duties at the preconsultation commission and in the council.

Art. 35. The city legislative elects:

h) the Ombudsperson and his/her deputies.

Art. 37 The commission examines the reports of the Ombudsperson.

Art. 39

The Ombudsperson mediates in matters concerning citizens on the one hand and the city administration on the other. He/she reviews complaints lodged against the city administration. Every interested natural or legal entity is authorised to engage the services of the Ombudsperson which are free of charge.

The Ombudsperson clarifies whether the city authorities have proceeded legally and fairly. He/she comments in appropriate ways on the matter in question but has no authority to make decisions or give instructions. His/her comments are disclosed to the interested parties, the relevant supervisory administrative authorities and to other appropriate parties in accordance at his/her discretion.

The Ombudsperson acts independently. He/she regulates the procedure and appoints his/her employees. He/she can obtain written or verbal information from the city administration at any time, carry out inspections and consult files. Members of the authorities and employees of the City of Zurich are released of their obligation to secrecy when dealing with the Ombudsperson, who maintains official secrecy inasmuch as public or private interests require such protection.

The Ombudsperson compiles a report on his/her activities at least once a year. In these reports, he/she can point out instances where relevant laws are lacking or areas where there is a lack of administrative activity. The Ombudsperson can also suggest changes and improvements.

The Ombudsperson's deputies take over all his/her responsibilities in cases of his/her prolonged or exceptional absence. The city legislative council regulates compensation.

Art. 41

The city legislative council is entitled to:

h) set the salaries of the following: the Mayor and other members of the city executive council; the Ombudsperson, the debt-collection officials, the magistrates, the school principals and the members of the guardianship courts;

stipulate the conditions of employment of the above-mentioned officials.

Art. 118

The members of the city executive council, the Ombudsperson, the debt-collection officials, the magistrates, the school principals and the members of the guardianship courts shall be insured in the same way.