No rest in Greiling: The dispute with a local councilor who refused to wear a mask at the meeting continues.
- The mask dispute in Greiling goes into the next round.
As attorney Josef Hingerl confirmed at the request of the Tölzer Kurier, another lawsuit is now to be filed.
As reported, councilor Claudia Hefele-Bauer (independent / CSU) came to the council meeting in April without a mask and even refused to wear one when asked.
The case went to the administrative court, where Hefele-Bauer's complaint was rejected.
Last week at the most recent meeting, the councilor appeared with her lawyer Hingerl and took off her mask again.
She was then expelled from the meeting.
"The mayor's exclusion from the meeting was illegal," says Hingerl and explains that he is currently preparing the lawsuit.
He did not want to provide any further information at this point in time.
Margreiter: "Can't understand what drives you"
Mayor Anton Margreiter cannot understand what drives Hefele-Bauer. “It is being completely dismantled in the whole village.” The mask dispute is the talk of the day everywhere. “No matter where I go, I'll be spoken to.” What makes him happy: “I'm 100 percent encouraged.” It is his job to ensure that the local council remains able to act. He makes it clear: "As long as I am mayor, the local council will not be a platform for mask refusers or corona deniers." He could not believe his eyes when Hefele-Bauer appeared at the latest meeting with legal counsel.
The latest lawsuit, which he has not yet received, can only be directed against him personally and no longer against the community.
“But the administrative court has recognized that the silence of the municipal councils is to be seen as approval.” He also received an affidavit from all members of the council, with the exception of one, that it was meant exactly that way.
Now Hefele-Bauer and her lawyer are referring to federal law.
"But as long as the mask requirement applies, we have to implement it, even if the incidence is falling everywhere now," says Margreiter.
Exclusion from the municipal council possible if the obligation to participate is violated
In the most recent meeting, the mayor also announced that he wanted to check to what extent Hefele-Bauer could be recalled from the local council.
District Office press spokeswoman Sabine Schmid explains: "If the legally stipulated conditions are met, the municipal council can declare the loss of office to an honorary council member." and thus hurt. This means: The council member must have been fined twice beforehand due to an unexcused violation of the obligation to participate, the fines must have become incontestable, and the period between the two violations must not be more than six months. According to Schmid, for example, unexcused means: displeasure, disinterest, lack of sense of duty. "From these points it then seems justifiedto exclude a volunteer community council member if it is clearly recognizable. "
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