Michael busch the chamberlain of the city of herzogenaurach was sentenced last thursday to eleven months’ imprisonment on probation. A closed procedure, that the chapter "embezzlement in the years 2012 to 2015 at the special purpose mull association as a manager" ends. Another chapter is now to be closed: namely the sanctions against the convicted person in his role as a chamber officer.
Initiated ex officio
Mayor german hacker had taken a stand on the matter and pointed out that the state prosecutor’s office was reviewing the matter and would ultimately also make the disciplinary revision. "Since the 1. Since january 2006, the bavarian state prosecutor’s office has been responsible in certain cases for conducting disciplinary proceedings against civil servants and municipal officials", it says on the website of the state prosecutor’s office.
In principle, it is important that disciplinary law is part of civil service law. Remarkable in the case of herzogenaurach: "it does not relieve the superior of his responsibility to drive the company. If the supervisor takes action in good time, it is often possible to prevent the disciplinary threshold from being exceeded." One accusation that part of the opposition in the town hall, CSU and JU, ultimately made to mayor hacker (the FT reported in detail), the accusation that the conduct had been unacceptable.
Disciplinary proceedings themselves must be initiated ex officio if there are sufficient factual indications to suspect that an official has committed an official misconduct. A "personal" charge of auben is therefore not possible. The law on the status of civil servants regulates the grounds for a misdemeanor. Duties that must not be violated include the duty to be loyal to the constitution, the duty to abstain from political activity, the duty to perform one’s official duties properly, the duty to be obedient and, in particular, the duty to observe the law.
No legal force yet
In the case of a positive decision in favor of the civil servant, the authority decides on the termination of the proceedings, if the offense does not occur. Should the public prosecutor’s office deem it necessary for suspicion to increase, it can even order injunctions such as preliminary suspension during the ongoing proceedings.
Various sanctions can be imposed, ranging from a reprimand, to a fine, to the removal of the civil servant from office.
Regional attorney general and press spokesman robert kirchmaier explains on request: "the disciplinary proceedings initiated against the civil servant have been suspended due to the criminal proceedings and will remain suspended until the criminal proceedings have been concluded with legal effect." The so-called appeal period has not yet expired since last thursday, so that this point in time must be awaited. "Irrespective of this, the disciplinary authority at the district court of nurnberg-furth has requested access to the criminal files and asked to be provided with a copy of the criminal judgment handed down against the official."
Irrespective of these developments, the council of elders of the city of herzogenaurach met yesterday, thursday, at 5 p.M. The latter, according to information from city hall circles, will deal with the issue – irrespective of the disciplinary measure that has not yet been found. Whether it played a role in the convening of the council of the elderly, whether the enchanted criticism of the CSU and the JU that there was a "crisis management in need of improvement" played a role must be given?