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Self-Enrichment or Formation of a Criminal Organization? Disqualification from Participation for District Council MembersIn everyday administrative and political operations, certain constellations occasionally arise that should give us pause. One such constellation concerns the compensation of district council members. At the district council meeting on October 13, 2025, Heik Meißner raised a question to the District Administrator and the council. He referred to the disqualification rule for council members when matters personally concern them. During that session, the council was set to vote on increasing members’ compensation. If this disqualification rule were applied consistently, council members would not be allowed to vote on it. District Administrator Götz Ulrich also took note of this. He argued that such a vote was still permissible because it concerned an entire group — namely, all council members. However, upon reviewing the rest of the meeting, one finds that there was another agenda item in which several council members had to recuse themselves from discussion and voting because the matter personally concerned them. That was also a group of council members. This, therefore, exposes a contradiction in District Administrator Ulrich’s reasoning. Furthermore, Ulrich argued that if such a disqualification rule were applied, he alone would have to decide or vote on the level of compensation. But how is the hierarchical structure actually organized? When taking this into account, one realizes that the district council is the highest political body of a district and thus holds a higher position than the District Administrator, since it exercises legislative power, whereas the administrator represents the executive. It would therefore be quite peculiar if the subordinate organ — the District Administrator — were to determine the “salaries” of the superior body. But who, then, could stand above the district council and make such decisions?In a sense, the citizens stand above the district council — at least from the perspective of democratic legitimacy and oversight. In a democracy, the citizens are the ultimate authority, since they exercise political power through their right to vote. From this, one could deduce that a public referendum would be the best means of deciding on increases in compensation or even allowances for members of the state and federal parliaments.Formation of a Criminal Organization?Another point could — or perhaps should — also be taken into consideration: the formation of a criminal organization (§129 German Criminal Code). If at least three people join together, for example, with the intent of enriching themselves in some way, the legal definition of such a criminal organization could indeed be met. Hmm...?!But fortunately, in this “our democracy,” it is regulated such that the employees of the sovereign — the citizens — may decide on the level of their own salaries, and this is not considered self-enrichment. After all, the legal foundations for this were created by the employees of the sovereign themselves. Author: AI-Translation - Michael Thurm | |
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