Raunheim - Mayor loses summary proceedings
The mayor of Raunheim, David Rendel (SPD), has lost a legal dispute with the town council of the municipality in summary proceedings. As the Darmstadt Administrative Court announced on Friday, the case concerned a resolution passed by the municipal council in August 2023, which, among other things, demanded the repayment of commissions paid to the employee of a municipal company. The mayor had objected to this resolution - wrongly, the court ruled (case no. 3 L 2222/23.DA).
According to the court, the background to this was a dispute over an employment contract from 2016, which provided for commission payments for completed property sales for an employee of a municipal company - in addition to his collectively agreed pay. This had become known in the spring, which is why the municipal council had intervened and decided not to approve the contract and called on the magistrate to reclaim commission payments already made.
Mayor Rendel, on the other hand, argued that the magistrate and not the municipal council was responsible for the contract concluded under his predecessor and that it did not need to be approved. However, the administrative court did not agree with this in the summary proceedings. Although the municipal council was responsible, the contract had to be approved by the city councillors in accordance with the Eigenbetriebsgesetz. An appeal against the decision can be lodged with the Hessian Administrative Court in Kassel within two weeks of notification.
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- In a similar situation, another municipal council in Hesse, Germany, initiated processes to recover commissions paid in violation of regulations, leading to a legal dispute between the municipality and the city mayor.
- During a city council meeting in Darmstadt, a commune in Hesse, judgments were issued against the mayor, citing failures to adhere to administrative court rulings regarding commission payments made to an employee of a municipal company.
- The SPD-affiliated mayor of a municipality in Hesse faced criticism after an administrative court ruled against him in summary proceedings, forcing him to pay back commissions paid to an employee in violation of contractual agreements.
- The administrative court in Kassel, Hesse, decided on a case involving the municipal council of a commune in the region, which demanded repayment of commission payments made to an employee based on processes initiated under summary proceedings.
- Following the City Council meeting in Raunheim, Hesse, legal disputes arose from the objectives of the municipal council, which required the mayor, aligned with the SPD, to reimburse commissions paid unlawfully to an employee as per the judgments issued by the Administrative Court in Darmstadt.
Source: www.stern.de
