"Victory for Embattled District Administrator" Court: State Must Hold off on Reduction of Benefits
District administrator's wage decreasing order suspended by state. - Court Decision: Money Removal Prohibited to a Suspended County Administrator
In a surprising turn of events, the suspended district administrator of Düren, Wolfgang Spelthahn (CDU), has managed to secure a legal triumph against the state of NRW. The Administrative Court of Düsseldorf, in a case numbered 35 L 973/25.O, has ruled that the reduction of Spelthahn's benefits must be temporarily halted.
The Cologne regional authority had reduced the district administrator's benefits by 40% with a decree on January 31. However, Spelthahn challenged this decision in court, and the judges ruled in his favor. The court opined that a suspended official's pay can only be reduced by a maximum of 50% if his final dismissal from the civil service is imminent. Given that Spelthahn will retire after the municipal election in September and won't be running, the court is of the view that he is unlikely to be dismissed as a civil servant.
Although Spelthahn may retain his benefits for now, his pension could still potentially be reduced with a new decree as a pensioner.
Suspended because of the "People Smuggling Scandal"
Spelthahn was provisionally relieved of his duties by the Cologne regional authority on November 8, 2024, due to state prosecutor and disciplinary investigations against him over possible irregularities in the granting of residence permits to third-country nationals by the foreigner's office of the Düren district. This case has come to be known as the "People Smuggling Scandal" involving wealthy Chinese.
Spelthahn has denied the allegations. His lawyer, Benedikt Pauka, spoke to the news agency dpa about the court decision: "Mr. Spelthahn is elated and relieved by the success in court. We are optimistic that we will also be able to defend Mr. Spelthahn's rights in the other pending proceedings. Unfortunately, the Administrative Court has not yet addressed the issue of lack of suspicion. Such exoneration would also have been timely."
At present, Spelthahn is continuing to contest the suspension itself and has lost in the initial round. The Higher Administrative Court of Münster is currently addressing this issue.
After the latest court decision, the Cologne regional authority, according to a spokesman, plans to file an appeal, with the question of the reduction of benefits set to be addressed in the next instance. The representative of the regional authority noted that they hold a contrasting legal opinion than the Administrative Court, stating that "withholding the service benefits should be feasible" in Spelthahn's case.
- The community policy regarding the reduction of benefits for suspended officials states that a maximum of 50% reduction is permissible only if dismissal from the civil service is imminent.
- The Cologne regional authority plans to appeal the decision made by the Administrative Court of Düsseldorf, arguing that withholding service benefits should be feasible in Spelthahn's case.
- The general news outlets reported that the employment policies in the state of NRW are under scrutiny due to the "People Smuggling Scandal" involving wealthy Chinese.
- Despite the court ruling in favor of Spelthahn regarding the reduction of his benefits, his pension could still be reduced as a pensioner, according to the ongoing politics and policy-and-legislation surrounding his case.
