Citizens’ petition put to the test

Citizens' petition put to the test

More than 1000 signatures have collected the supporters of an indoor swimming pool reorganization in the meantime. They must be checked, but there is little doubt that the number for the citizens’ petition “Preservation of the indoor swimming pool – swimming instead of demolition” is sufficient sufficient. The next step is the decision on the admissibility of the citizens’ petition. “The city council decides immediately, at the latest within one month after submission of the citizens’ petition, whether the admissibility requirements are met.”, it is called in addition in the statute to citizens’ petitions and citizens’ decision, which the city council updated by resolution only in the recent meeting. According to the statutes, the number of valid and invalid signatures will also be disclosed.

Signatures are sufficient

“The signatures are currently being examined”, said the managing official, Stefan Bierdimpfl, when asked. The first lists with 928 signatures have already been evaluated, 788 of them are valid, which means that the number of ten percent of the eligible voters has already been reached (630 signatures). Because however again lists were subsequently submitted, these are examined also.

Decisive question

The Munnerstadter are to answer the following question in the referendum: “Are you in favor of the city council resolution of 12.12.2018 to demolish the indoor swimming pool, is canceled and in its place, a subsidized bath renovation to initiate?” For the reason the representatives of the citizen’s petition, Alrun Lintner, Karin Mayer and Gerhard Beck, indicate that with a demolition clearly more than one million euro of public money is spent, without creating any equivalent value. “In the case of a redevelopment that was to last approx. 4.5 million euro from the Free State of Bavaria, Munnerstadt would have a fully functioning indoor swimming pool again.” And further it is called in the reason: “It would be then again the schools, associations, the population and the visitors of the city at the disposal. Munnerstadt would have an important location factor that would sustainably increase the quality of living and life for the next generations.”

The decision on admissibility will be made by the city council on Monday. Stefan Bierdimpfl confirms to our newspaper that the city has sought legal assistance in this regard. “We are seeking legal advice from a third party”, he says. “The coordination discussions are not yet finished.” The result of the legal consultation will be available on Monday.

Chairman confident

Wolfgang Blumlein, chairman of the association “Burgerbad Munnerstadt”, is very confident. “I see a problem there and do not believe that we have made a formal error”, he is convinced. “We are already experienced, it is already our second citizens’ petition.” The city council could not reject the citizens’ petition without a reason. “They would have to justify this legally.” The mood among the supporters of the bath reorganization is extremely good, means the chairman. Many supporters would have literally scrambled to be able to sign up on the lists.

It is clearly regulated in the statutes on citizens’ petitions and referendums when a citizens’ petition is not permissible. “A petition for a referendum on matters that by law are the responsibility of the first mayor, on issues relating to the internal organization of the Munnerstadt municipal administration, on the legal relationships of the members of the city council, the mayor and the municipal employees, and on the budget statutes is inadmissible.” A citizens’ petition is also inadmissible if the matter does not fall within the city’s own sphere of activity, if there are not enough signatures and if the objective pursued by the citizens’ petition is unlawful in view of existing legal provisions or contractual obligations.

Lawsuit also possible

If the City Council determines the admissibility on Monday, the citizens’ petition will be initiated and a date set. Until the decision the bath may not be torn down then. Should the city council deem the request inadmissible, work could resume in preparation for the indoor pool demolition. The representatives of the citizens’ initiative would have the possibility to file a complaint against the city council’s decision at the administrative court of Wurzburg.

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