A vigilante in the city?

I was out for a drive the other day in a charming village in the canton of Vaud when I spotted a shop selling local produce. As there weren’t many people around, I parked my car on the pavement for a few minutes, just long enough to buy a little souvenir. When I returned, I found myself face to face with a man who introduced himself as the mayor and gave me a telling-off, explaining that his role made him the representative of law and order in the village! Can an elected representative really act as a police officer in his own village?

Olivier

It is true that a syndic (the Vaud equivalent of a mayor) can intervene and report incidents that breach the law, but wearing the mayor’s sash does not automatically make them a police officer.

Vaud

Under Article 76 of the Vaud Law on Municipalities (LC), the mayor is specifically responsible for ensuring compliance with laws, decrees and orders. This law requires him to immediately report to the Public Prosecutor’s Office any offences subject to ex officio prosecution (i.e. those that trigger prosecution even without a criminal complaint) of which he becomes aware within the municipal territory, whilst preserving any evidence that may disappear.

As you are no doubt aware, under the Federal Road Traffic Act and its implementing regulations, it is generally prohibited to stop on a pavement, unless otherwise indicated by road signs or in the case of a brief stop to load or unload goods, provided that sufficient space is left for pedestrians. However, this offence is not automatically prosecuted, so the officer was under no obligation to take action against you.

That does not, however, mean that he was not authorised to intervene. In municipalities without a municipal police force, Article 12a of the Vaud Road Traffic Act (LVCR) does indeed allow the local council to authorise certain of its members or employees to record and report specific traffic offences. Your mayor may therefore have had this authority, provided he had been formally authorised to do so; otherwise, he could simply have noted the facts and passed them on to the police or the relevant municipal authority, just like any particularly well-informed witness.

In Geneva, there is no provision that imposes on the mayor a duty comparable to that arising under Vaud law. Such powers lie, in principle, with the Administrative Council, in particular with regard to defending the interests of the municipality in accordance with Article 48(n) of the Law on Municipal Administration (LAC). The Council represents the municipality in dealings with third parties and directs the municipal police services in accordance with Articles 50 and 49 of the LAC.

Without playing the role of sheriff, the building manager who spoke to you was therefore perfectly entitled to remind you of your responsibilities and, if authorised to do so, to report the offence you had committed. In short, he could act on behalf of the authorities, but could hardly punish you. So be careful not to abuse your sense of freedom outside the big city!