Lesson learned from the Sparkasse affair: Miesbach district council adopts a code of conduct

Created: 2022-12-15, 6:16 p.m

By: Dieter Dorby

Clear demarcation: Luxury hotels at the expense of third parties are taboo under the new code of conduct for district councils (symbolic photo).

©Panthermedia

Learning from mistakes: The code of conduct that the district council gave itself in its meeting on Wednesday should help here.

The set of rules serves as a self-commitment, prevention and orientation aid.

Because it not only defines corruption and the limits of paid representation of interests, but also sets the framework for what kind of donations are harmless.

The aim is to prevent the suspicion of infidelity or taking advantage from arising in the first place.

This so-called code of conduct is the consequence of the district savings bank affair, with which the district of Miesbach hit the headlines nationwide in 2012.

As reported, expensive gifts, luxurious business trips and lavish celebrations were also the focus of the legal work-up.

The catalog of rules comprises nine points

The new set of rules, which the district office has drawn up together with the experienced Munich law firm Schemmel and Merk, comprises nine points.

It's all about – even if the word compliance comes from the American word – “that one adheres to the law and one's own standards,” explained lawyer Alexander Schemmel.

And your own requirements can also be stricter than the legal requirements.

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According to Schemmel, the rules of conduct were designed in such a way that they correspond to current case law.

But even when it is generally a matter of fighting corruption and ensuring that the interests of citizens are properly represented: in practice, the topics of gifts and hospitality are in the foreground.

"The supposedly easiest points are the most difficult," the lawyer stated, "because there are very different views on this".

Even the courts up to the Federal Court of Justice (BGH) do not agree.

The individual must decide

Which is understandable.

According to Schemmel, when it comes to gifts, “subjective attitudes” are important.

And even a bottle of wine for three euros could be problematic.

"Ultimately, it comes down to the question: Is the invitation or the gift suitable for expecting something in return?" District Administrator Olaf von Löwis (CSU) put it in a nutshell.

For this reason, Schemmel added that concrete value limits were deliberately avoided in the code of conduct, since these are subject to developments.

In addition, there are instructions and guidelines that the district office receives from a higher authority.

"The individual must evaluate for himself whether a gift or an invitation is in order," summarized the compliance expert.

Miesbach district council adopts a code of conduct

His partner Christian Dennler described it as follows: "It's not about depicting all the facts, but about providing guidelines for making independent decisions." Because the giver always has a reason and the recipient feels a sense of gratitude.

"Zero tolerance doesn't even come up." So the question is: do you want total cleanliness or do you allow familiar habits within limits?

As a result, the district councilors had some life-related questions.

Cornelia Riepe (Greens) wanted to know what happens to gifts that exceed the permissible value.

"If you have to accept it," explained Dennler, you then have to hand it over to the district administrator.

Such gifts can be collected in the district office and donated to charitable institutions at the end of the year.

"That's legal."

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According to Schemmel, the general rule is: “There must always be a connection to the company.” Otherwise you are in the criminal area.

And if spouses are present on business trips, according to Dennler, "it is clear that the spouse will bear his own costs".

Ultimately, the district administrator noted: "It's about morale.

And basically we all know what works and what doesn't."

Signal effect after the Sparkasse affair

Martin Beilhack (Bavarian Party) couldn't help but make a witty remark: "If I comply with all this, I will be canonized." In his view, the most important basis is simply decency.

Christine Negele (SPD) welcomed the code of conduct.

She is repeatedly asked about the district savings bank affair - combined with questions like: "What are you plugging into?" The self-commitment makes it clear that "nothing is plugged in".

"I think this signal is important." Wolfgang Rzehak (Greens) stated that no consequences are stipulated as long as there is no violation of the law - "except for moral consequences in public".

ddy