After the Judiciary shakes off: The High Court will decide whether the mayor of Haifa can serve on the planning committee

The "gatekeepers" petitioned the High Court demanding that the Court explain its refusal to address the possibility that Einat Kalish-Rotem will serve on the Planning and Building Committee. Upon being elected, she was forced to delegate her office as chairman of the commission for her position because of her conviction for planning and construction offenses, but is still taking part in its meetings.

After the Judiciary shakes off: The High Court will decide whether the mayor of Haifa can serve on the planning committee

(Video: Haifa Municipality workers protest in February 2019)

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Dr. Einat Kalish Rotem is probably the first architect and city planner in Israel to win the mayor's office. Despite her aspirations and promises that she will leave a significant architectural and planning seal on the city, she has come into office when she is already convicted of planning and construction offenses.

As soon as she was elected, she was forced to delegate her automatic tenure as chair of the local planning and construction committee to the right, acting mayor Nachshon Tsuk, but her critics say that's not enough. She continues to be present at committee meetings alongside her chairman and a member In two sub-committees of the same local committee itself. Despite repeated appeals to the Attorney General, he shrugged and refrained from negotiating the matter, negotiating with Clich's attorney until he officially announced in January that he was unable to intervene. This was in part due to "a long post-conviction period".

Now the Supreme Court will have to say its point. In a petition filed with the High Court this week, the "gatekeepers" headed by Haifa advocates Adv. Lior Datz, who is also an architect and attorney Uri Sheila, through attorney Yossi Or-Cohen, demand that the court refrain from intervening and why they will not be contacted. The trial that convicted Kalish to determine whether she deserved to serve as a planning institution member.

Still a committee presence. Kalish-Rotem (Photo: Shlomi Gabay)

Einat Kalish Rotem elections headquarters (Photo: Shlomi Gabay)

Judge Jacob Goldberg, who convicted architect Clich, for her extensive construction offenses in a three-story villa in Zichron Yaacov, which was built without a building permit, stated in her sentence that "her criminal conviction does not necessarily thwart her continued work as an architect or her continued public activity." However, he also stated that "the defendant has abandoned her role as gatekeeper and actually transferred it to the contractor", stating that her deficiency was also increased and that "the defenses attributed to the defendant by the Planning and Building Committee, not only do not justify the defendant's failure, but rather Increase the importance of fulfilling the role of 'gatekeeper' with responsibility and rigor. " Petitioners claim that Kalish "failed the court and even acted in bad faith" when Lat told the court the fact that she was a member of a planning institution, which would have required the court to address the issue already then.

The petition filed by the "gatekeepers - the movement for the protection of the rule of law" against the Mandelblit District Court, Haifa's Mayor, Haifa Municipality, Haifa's Local Planning and Construction Committee, and Haifa's legal counsel. They claim that Dr. Kalish-Rotem, "continues Not obeying the law and professional bodies, "including her attorney general and her staff," and did not internalize anything from her conviction. "

The petitioners further inform the High Court that "as a result of its illegal activity," the mayor is using the services of Attorney Yamit Klein, the Haifa Municipality's attorney general and the judiciary it administers, "even though it is her personal interest because of a criminal act that occurred before she began serving as mayor and not Related to her role as mayor or her public role as a member of a local committee. " According to them, “She should be represented by an outside private attorney and at her own expense.

Choose not to interfere. Mandelblit (Photo: Shlomi Gabay)

Attorney General Avichai Mandelblit arrives at the parting ceremony of Silk Bud, Jewish Border Patrol Jerusalem, December 18, 2019 (Photo: Shlomi Gabay)

In this context, they further claim that Kalish has increased to do so, and has concealed from the public the fact that her personal lawyer, Adv. Amit Haddad, represented her on the issue under discussion with Attorney Yamit Klein, at the expense of the municipal coffers, at an estimated cost of half a million shekels , And also stated that Attorney Haddad also represented her privately. According to them, in view of this, he was not allowed to represent the municipality at least during her private representation, in view of the fear of conflict of interest.

They say that according to media reports, a complaint has been filed with the police following the media exposure and even a police investigation has been opened. They demand to return the funds to the public. "The mere giving of privilege to those public figures represented by the top advocates creates a sense of discrimination and preference for those public figures," the gatekeepers claim.

Judge Yael Wilner ruled that the Attorney General and the other respondents would submit a preliminary response within 60 days to the petition and request for a probation order.

Mayor Kalish Rotem and Attorney Amit Haddad did not respond. The municipal response has not yet been received.