Munnerstadt: city council cancels resolutions

Munnerstadt: city council cancels resolutions

Everything is the same: although not a single city council member has changed his or her opinion, the two previous resolutions, after the citizens’ petition "preservation of our indoor pool – swimming instead of demolition", are still valid has been repealed. This was simply because this time all the city councils were present and thus the narrow majority of CSU and neue wege was restored. With the repeal of the last two resolutions, the decision of february automatically applies again. According to this, the citizens’ petition is inadmissible. The initiators can take legal action against this at the administrative court in wurzburg. It is also possible to initiate a new petition for citizenship. To do this, signatures first had to be collected.

The district office had called on the city to reconsider the resolutions during a hearing because they were considered illegal. So the authorities share the view of mayor helmut blank (CSU), who had suspended implementation of the previous resolutions. In extreme cases, the district office, as the supervisory authority, overturned the resolutions instead of the city. That’s why the proposal at monday’s city council meeting was for the city council to do it itself.

"The subject of today’s discussion is the application pursuant to article 28 of the constitution. Approach 1 of the bavarian administrative procedure act", leo pfennig (freie wahler) spoke up during the discussion. This reads: "before an administrative act is issued that interferes with the rights of an interested party, that party must be given the opportunity to comment on the facts relevant to the decision." The letter from the district office, however, does not allow for this possibility, according to leo pfennig. Rather, the "take it or leave it" method was used the city council has been threatened with legal supervision in case it does not change its positive decision.

"I feel pressured by this procedure, especially since the district office does not show that it could be prepared to change its preconceived and already fixed opinion on the basis of today’s ‘hearing’", leo pfennig emphasized. And: "I therefore expressly condemn the violation of the principle of legal obedience."

The city councils should stand by their legally well-founded decision on the admissibility of the citizens’ petition, leo pfennig suggested. "We should give the citizens of munnerstadt the right to decide for themselves on the future of the indoor swimming pool." Then it really started: "mr. Mayor blank, who likes to hide behind the district office, i would like to say in all clarity: the city council of munnerstadt is not the fulfillment aid of the district office." And he added: "i am convinced that mr. District administrator bold knows very well how explosive an intervention by the district administration in the constitutionally protected right of self-government of the city of munnerstadt is."

Helmut blank remained calm. "I do not consider this procedure to be in order", he said to pfennig’s speech. He was not hiding behind the district administration, the mayor emphasized. For he himself considers the resolutions unlawful.

"I feel a bit fooled", klaus schebler (neue wege) spoke up. He had trusted the legal advice of leo pfennig, but was disappointed. "Maybe it’s because they are too long out of the geschaft to advise us." He asked the mayor to read out the letter from the district office.

"The legal supervisory authority is of the opinion of the first mayor that the objected city council resolution of 11. Marz, the burgers (…) for permissible to declare is illegal", it says. It is referred to the wrong lax number of the claim in the justification. Subsequently, a reason could not be changed either. The district office asks the city council to repeal the illegal resolutions.

"I have also made inquiries elsewhere, including the bavarian municipal association, said the mayor. He received exactly the same information there. He assured the city council that he was handling the issue with great care, because it was highly emotive. One must also consider how the city presents itself after auben. He therefore asked the local politicians to put their own personal sensitivities aside during the vote. Then came the decision.

"I think reason has triumphed", helmut blank said on tuesday about the decision. Third mayor axel knauff (SPD), who is also head of the indoor swimming pool working group, sees things somewhat differently: "yesterday evening was a sad evening for democracy. Here by the CSU and new because of the citizen will after a citizen participation for power-political reasons with fuben kicked, after they had printed themselves with the preceding decisions by partial absence before a decision", according to axel knauff. "As a convinced democrat I can only shake my head here."

What happens now is not yet certain. The chairman of the "burgerbad munnerstadt" association said he could not comment on this because he had to consult with his colleagues on the board of directors, wolfgang blumlein. He had followed the event on monday evening in the town hall.