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Is no hand signal still a hand signal? Is no approval still an approval?The ban by District Administrator Götz Ulrich on video recording the public part of the 2nd district committee meeting on October 15, 2024, actually made it into the Mitteldeutsche Zeitung! High five, bro! However, one thing was not addressed in the article: the voting procedure. 
As a reminder: District Administrator Götz Ulrich does not allow image and sound recordings of the district committee meeting with the reasoning that these must be registered in advance. He referred to the municipal constitution and the rules of procedure of the district council. He did not accept the late registration submitted two minutes after he himself had opened the meeting. He argued that he could not override the regulations in the municipal constitution and the district council’s rules of procedure. These rules must be observed. Freedom of the press, which is enshrined in the Basic Law, was of secondary importance to him. The Basic Law stands above municipal constitutions and district council rules of procedure. Therefore, District Administrator Ulrich showed no interest in transparency. Oddity in the voting procedureIt was noticeable at this committee meeting that the voting by the committee members was conducted in such a way that District Administrator Ulrich asked who voted against and who abstained. If no or only few hands went up in response to these questions, the administrator concluded that the respective resolution was approved and declared it as such.What does the district council’s rules of procedure say about the voting process?In § 10 paragraph 5 of the district council’s rules of procedure it says: Voting is conducted openly by hand signal, in doubtful cases by standing up.As pedantic as the district administrator?If one were as pedantic as District Administrator Götz Ulrich, one would have to conclude that the resolutions by the members of the district committee were in fact not approved according to the rules of procedure, because the required hand signal of approval was missing. Strictly speaking, for some resolutions there was not even a hand signal when there were no votes against or abstentions.Now, on October 21, 2024, the district council is supposed to vote on exactly those resolutions. If the district council members insisted on strict adherence to the rules of procedure just like the district administrator, they would have to veto the votes on October 21, 2024, and send the resolutions back to the committee, because one can hardly vote on district committee resolutions that, strictly legally speaking, were never formally adopted by the committee due to the missing hand signal. If the resolutions are nevertheless passed in the district council on October 21, 2024, and a citizen were as pedantic as District Administrator Götz Ulrich, they might consider filing legal action against the council vote, since the council would then have formally voted on resolutions that were not approved by the district committee due to the missing hand signal. What do we make of this situation? Ignore the rules of procedure or be just as pedantic as the district administrator? It is worth noting that a member of the unfilmed district committee meeting is the chairman of the district council, Andy Haugk, who will probably chair the district council meeting on October 21, 2024. So how will he proceed when it comes to voting on the district committee’s resolutions that were not formally approved due to the missing required hand signal? Everyone is welcomeThe district council meeting on October 21, 2024, starts at 5 p.m. and is public. Anyone interested can attend live on site and see how this is handled by the democratically elected members of the district council. Will they be as pedantic as the district administrator about the rules of procedure, or will it be a case of: this (the filming, which was not wanted) is one thing, and that (the non-compliant voting procedure) is another?Author: AI-Translation - Michael Thurm | 17.10.2024 |
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