Jochen kuhstrebe rejects a resignation

Jochen kuhstrebe rejects a resignation

There are seldom so many listeners as in the municipal council meeting on tuesday in kaltensondheim, even in the large municipality of biebelried. Around 30 citizens gathered to listen to the agenda item concerning the resignation of 2. Mayor jochen kuhstrebe (general citizens list) went. Only: such a request had not been received by mayor renate zirndt (general list of citizens) at all and therefore could not be dealt with.

She even found out about the letter, which was signed by nine council members and sent to the press, through the media. In it kuhstrebe had been asked to resign from his honorary office as 2. Burgermeister to be made available as soon as possible. At the same time, the signatories did not oppose his wish to resign from the board, it continued.

The legal background
But even if the mayor had received the application: as a municipal electoral official, kuhstrebe can apply for his dismissal without stating reasons, but he cannot be voted out of office or fired.

Zirndt quoted from the law that a person acting in an honorary capacity can only be dismissed in the event of a gross breach of duty or if he or she has proved to be unworthy of office. But that was not possible in this case, because the 2. Mayor not appointed, but elected. A recall by the municipal council does not provide the local constitutional law, a municipal council petition or a resolution to the deselection are not admissible. Only kuhstrebe himself could give up his office, but as a councillor he had to justify it.
The debate of the last meetings turned on the dispatch of trench extension contribution notices between christmas and new year's eve 2012. The community was forced to send it because of the threat of expiry. The VG was hardly able to allocate the far-reaching contribution-relevant acceptance notices, so that the dispatch could only take place at the very last minute.

The municipal messenger also wanted to send the notice to the 2. The VG was unable to allocate the far-reaching list of contributions, so that they could only be sent out at the very last minute.

The script could now have been handed over to kuhstrebe's mother as a substitute – according to the people's opinion. "However, delivery can only be made to an adult family member at the home of the recipient", zirndt named the corresponding regulations. Delivery outside the recipient's home was excluded, even to family members.

The mayor wanted to treat her remarks as an announcement and only let kuhstrebe have her say. "I will not resign", declared the 2. Burgermeister without much ado, but pointed out that the call for his resignation had been sent to him by a daily newspaper.

The mayor pointed to a comment on the internet in a daily newspaper that constituted the criminal offense of libel and slander, and criminal charges had been filed against the author. Regarding the allegations made there that kuhstrebe had acquired a property in her absence, for which the municipality had a right of first refusal, zirndt explained that the owner at the time had refused to sell it to the municipality after a written inquiry. In addition, the municipality could not assert a right of first refusal for lack of statutes. Furthermore, according to zirndt, the land was not purchased by jochen kuhstrebe, but by his brother gerd. She had also informed the municipal council about it.
The mayoress also did not want to discuss the duty of care and confidentiality in the city council.

No opinion on rumors

"The public statement on the internet was inaccurate and unqualified", gunnar kraub (C) emphasized that he therefore wanted to eliminate further rumors circulating in the village. "I don't want to make a statement about the rumors", the mayor made a commitment.

Manfred kleinschrodt (CSU-FB), however, did not like to be put off. "I was with wilhelm kreuzer for six years 2. Burgermeister and never dared to attend his office hours", kleinschrodt explained and named a case in which kuhstrebe had remained present, where he had had to go out. However, according to the mayor, the burger had agreed to kuhstrebe's participation in the discussion.
"I am shocked that no admission of error was made, but that the objection was withdrawn.", barbara mechler (CSU-FB) explained in frustration that kuhstrebe first filed an objection against the decision and later withdrew it.

Moral claims
Andrea czech (general list of citizens) used the general question opportunity for members of the municipal council to ask them to check moral claims on others first with themselves when it comes to personal involvement and other questions. Since everyone has taken an oath, it is not possible for a councillor to take legal action against himself or herself after a unanimous decision has been taken to the contrary.
Gunnar kraub showed understanding for the situation regarding the resignation, but pointed out that the resignation had only been offered.

After the public part of the meeting, citizens, who did not want to be named, were appalled by the development of the municipal council as a body. They also expressed incomprehension as to why mayor zirndt had used a series of clauses that were not open to scrutiny by the average citizen, when she wanted to stick with her deputy anyway.

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