Auf der nächsten Sitzung der Stadtverordnetenversammlung wird auf gemeinsamen Antrag der SPD- Fraktion, der Fraktion Die Linke und der Wir-für-KW/BVO-Fraktion ein Antrag auf Prüfung eines etwaigen rechtlichen Fehlverhaltens des Bürgermeisters beraten. Auf Anraten der Verwaltung wird dieser Punkt in nicht-öffentlicher Sitzung beraten, obwohl wir auf das berechtigte öffentliche Interesse der BürgerInnen hingewiesen haben. Der Anlass ist die eigenmächtig erhobene Klage des Bürgermeisters gegen den Landkreis Dahme-Spreewald im Zusammenhang mit der Kreisumlage ohne das gesetzlich erforderliche Mandat von Hauptausschuss oder Stadtverordnetenversammlung.

Wir betonen hierbei, dass es sich nicht um ein Abwahlverfahren gegen den Bürgermeister handelt. Auch geht es nicht um Herrn Ennullat als Person, sondern um die Klärung von Zuständigkeiten und demokratischen Grundsätzen innerhalb unserer Kommune. Die Entscheidung wird auch wegweisend für Kommunen mit ähnlichen zukünftigen Problemlagen sein.

Ebenso wichtig ist festzuhalten, dass das angestrebte Verfahren kein Misstrauen gegen die MitarbeiterInnen der Verwaltung ist. Ganz im Gegenteil: die SPD-Fraktion in der SVV Königs Wusterhausen ist den MitarbeiterInnen dankbar für ihre vorbildlichen Leistungen. Fehlerhafte Entscheidungen hat allein der Bürgermeister selbst zu verantworten.

Da allen Mitgliedern der SVV, die die Klage des Bürgermeisters ablehnen, vorgeworfen wird, sie würden sich nicht „sachgerecht“ mit dem Thema auseinandersetzen, möchten wir hier zu der Klagebegründung des Bürgermeisters kurz Stellung nehmen:

Die Klagebegründung des Bürgermeisters stützt sich im Wesentlichen auf drei Punkte:

  1. 1)  Aus der Strukturfondrichtlinie des Landkreises wird Kommunen geholfen, Eröffnungsbilanzen und Jahresabschlüsse zu erstellen. Das sei nicht rechtens.
  2. 2)  Die Sportanlagen des Landkreises würden entgeltfrei zur Verfügung gestellt. Daraus ergebe sich ein erhöhter Finanzaufwand, der nicht durch die Kreisumlage gedeckt werden darf.
  3. 3)  Der Landkreis darf keine weiteren Rücklagen bilden mit dem Geld, dass er von den Kommunen durch die Kreisumlage erhält.

    Nachzulesen unter https://www.koenigs-wusterhausen.de/679750/Beschlussvorlagen -> Recherche -> 20-19-100

Zu 1) lässt sich sagen, dass im Juni 2018 die Gemeinde Schönefeld mit nahezu wortgleicher Ausführung ein Ersuchen an das Ministerium für Inneres und Kommunales geschickt hatte mit der Bitte um Prüfung. Die Antwort aus dem Oktober 2018 des Ministeriums stellt sehr deutlich klar, dass kein Fehlverhalten des Landkreises erkennbar ist. Vielmehr wird deutlich gemacht, dass der Landkreis eine Ausgleichspflicht inne hat, die ihn verpflichtet, leistungsschwache Kommunen auch aus der Kreisumlage zu unterstützen. Diese rechtliche und fachliche Einschätzung lässt eine erfolgreiche Klage aussichtslos erscheinen.

Zu 2) Die Sportanlagen werden nicht generell kostenfrei zur Verfügung gestellt. Nur bestimmte Gruppen, wie z.B. Kinder und Jugendliche und Menschen mit Behinderung werden von der Gebührenpflicht befreit. Wir sind der Meinung, dass vor allem Menschen mit Behinderungen der Zugang der Sportanlagen nicht verwehrt werden darf und der Kreis an dieser Stelle den besonderen Pflichten einer solidarischen Gesellschaft entspricht. Die finanzielle Entlastung der Familien halten wir für richtig. Der Landkreis handelt hier vorbildlich. Diese Gebührenfreiheit wünschen wir uns auch in Königs Wusterhausen.

Zu 3) Gerade im letzten Finanzausschuss bei der Vorstellung des Nachtragshaushalts hat der Kämmerer Axel Böhm ausdrücklich ausgeführt, dass die Erzielung eines Überschusses für die Finanzierung künftiger Investitionen angestrebt werde. Diese Überschüsse erhöhen dann die bereits gebildeten Rücklagen der Stadt. Genau das soll aber mit der Klage dem Landkreis untersagt werden. Wie wir finden: ein Widerspruch. Auch der Landkreis muss und wird in die Zukunft investieren. Der Landkreis investiert ca. 42 Millionen in Königs Wusterhausen. Diese Beträge fließen in den:

  • Ausbau und Sanierung Friedrich-Wilhelm-Gymnasium und dem Friedrich-Schiller- Gymnasium,
  • In den Bau eines Parkhauses
  • In Baumaßnahmen für das Jobcenter
  • In Schulen des 2. Bildungsweges,
  • In den Bildungscampus Funkerberg mit Musikschule und Volkshochschule.

    Für diese Investitionen, die Schülerinnen und Schülern, unseren Lehrkräften, berufstätigen Bürgerinnen und Bürgern sowie vielen KWerinnen und KWern zu Gute kommen, braucht der Landkreis eine finanzielle Rücklage. Wir sind dankbar für das Engagement in der Stadt. Es sind Investitionen in Bildung und in Arbeitsplätze.

    Insgesamt sind wir daher der Meinung, dass der Verhandlungstisch der richtige Ort ist, um Differenzen in der kommunalen Familie aus dem Wege zu räumen. Wir wollen darüber diskutieren wie Königs Wusterhausen von künftigen Investitionen profitiert. Das geht nur wenn wir auch unter den Kommunen einander helfen. Wir werden eine Klage daher nicht unterstützen, die die Solidarität im Landkreis in Frage stellt. Weil das auch die Mehrheit der Stadtverordnetenversammlung und des Hauptausschusses so sehen, wurde ein Beschluss des Bürgermeisters zur Klage gegen den Kreis zwei Mal abgelehnt. Wir bedauern, dass Herr Ennullat sich an die mehrheitlich getroffenen Beschlüsse der Stadtverordneten nicht gebunden fühlt. Das wird von uns hinterfragt. Eine unabhängigen Behörde soll das nun überprüfen.

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