The eulogy Charlotte Britz (SPD) was just right. The Saarbrücken mayor (OB) is one of the most popular city chiefs in Germany, recently charmed the prestigious London City Mayors Foundation. Britz is "a role model for men and women in local politics", a certificate of honor she received for "the strengthening of harmonious coexistence in the city". In Saarbrücken are on May 26, elections to OB. There is probably no better advertisement for an incumbent.
Since 2004 Britz governs the capital of Saarland, the election she won with the slogan: "It's also human". Being close to the citizens, that's obviously important to her. In a portrait of "Bild am Sonntag" last year ("Where Politics Works"), she emphasized the importance of her listening and the dialogue with the citizens.
Power struggle in the city hall
It seems all the more astonishing how authoritarian Britz since the end of 2017 trying to decide a power struggle in the city hall. It's about Josef Schun, the head of the professional fire brigade, the Britz wants to cool down. On several occasions, the mayor's administrative courts raised unlawful behavior in the case. In a meanwhile set fraud against Schun, criminal judges expressed strong doubts at their statements, which burdened Schun at times.
Last week, the dispute escalated: About 90 out of a good 200 members of the professional fire brigade reported sick - because apparently they did not want to work under the shun. That was "unique in the Federal Republic", said the boss of the German fire-brigade trade union of the "Saarbruecker newspaper".
The case from the Saarbrücken town hall is in part suitable for the lesson. It shows how politics and public administration can become a melee zone. How much disputes government action sometimes paralyzes. And how difficult it is for courts to resolve such conflicts.
Comparable cases already received literary rank. The writer Martin Walser tells in the novel "Finks war" the history of the Hessian Ministerialbeamten Stefan Fink. He complains of a transfer until he is rehabilitated. And still remains a broken man.
Josef Schun, 42 today, started in Saarbrücken in 2009 as a fire department vice, in 2012 he was promoted to the chief post. It is clear that the conflict around him within the professional fire service for years. It remains unclear: why?
Bernd Schumann, Chairman of the Personnel Council in the town hall, wrote in a press release in March: "The management behavior and personal behavior of Schun have caused a significant disruption to the company's peace of mind since 2009".
Schumann did not want to answer a SPIEGEL request for an opinion on the question of which behavior is actually offensive. A lawyer Schuns in turn said: The city had forbidden her client for official reasons, to comment on professional matters.
Distorted relationship?
A spokesman for the mayor said that the relationship of trust "between large parts of the fire brigade, the leadership service and Mr. Schun" was "also destroyed because of his leadership behavior." Details are only in court dar. Without concrete to be called the speaker also the "fire event 2017 in the Saaruferstraße" as a cause.
This fire in a Saarbrücken apartment building on December 3, 2017 triggered nationwide concern. Four people died from smoke poisoning. A court sentenced the drug-addicted arsonist to several years in prison last year. And stated: If the fire protection regulations had been adhered to in the house, it would have "with relatively high probability" only one dead, not four.
DPA
Firefighters on December 3, 2017 in Saarbrücken
In the public debate after the fire, however, Josef Schun quickly came under suspicion of having committed serious mistakes in the field. Due to the complaints of 16 firefighters, the mayor forbade him to conduct business, nine days after the disaster. She released him at full pay. The relationship of trust with colleagues and administrative top was "severely shaken" after the fire.
The colleagues claimed that Schun, for example, was responsible for the fact that there would have been a danger to the lives of firefighters. That during the fire extinguishing almost the water would have gone out. That emergency services would not have received psychological follow-up.
Success in court
Schun moved to the administrative court of Saarland. And got right on March 1, 2018. Whether Schun made mistakes is doubtful, it is clear, according to the judges: None of the allegations prove that Schun's behavior increased the extent of the fire catastrophe. In addition, mayor Schun had issued a very good certificate of employment four months before the fire. This means that Schun knows how to guide employees and motivate them to perform.
One week after the decision of the administrative court Britz forbade him again to conduct the official business. She released him for the second time. Main charge this time: Schun stood under suspicion of fraud, it was running a preliminary investigation against him. What was right.
This procedure involved a discarded fire engine. Schun had suggested in 2013 to bequeath it to a club from Rhineland-Palatinate to which he belonged. Britz had approved the matter. The prosecutor's office was now examining the suspicion whether Schun had concealed the true value of the vehicle, allegedly just under 2000 euros.
In criminal proceedings Britz himself was suspected of infidelity. And on the basis of the statements of Schun, who denied the high value of the vehicle - and rest assured that Britz had agreed. However, Britz had her defender tell her: Had she known that the club was not in Saarland at home, she would not have provided the vehicle. Had Schun lied?
Schun was again right in the administrative court on 10 September. The allegation in the criminal case is too thin to prohibit Schun's work. Shortly thereafter, the district court did not actually allow the fraud charges. And stated in this context: According to the file, it is assumed that Britz did not think about the club.
Becker & Bredel / imago images
Fire Chief Schun: Destroyed relationship of trust?
Perhaps she had told Schun the untruth - consciously or unconsciously. The district court Saarbrücken, which recently confirmed the decision of the district court, also spoke of considerable doubts about the statement of the mayor. Your spokesman said on a corresponding SPIEGEL demand with: "The Mayor does not evaluate the process." Moreover, the investigation against Britz had been stopped because of "proven innocence".
In September 2018, Britz created a new job for the man she could not get rid of. She killed him, and from then on, Schun acted as the city's fire and security officer. A job in which he got almost nothing to do, so report insiders from the city hall. Schun complained for the third time, he wanted to be the chief of fire again.
On April 9, two weeks ago, the judges again proved Schun right. There was "no objective evidence" that Schun was responsible for a conflict in the professional fire brigade. The fact that the city claims that even the administrative top had lost confidence was "objectively incomprehensible".
An appraiser of the city has meanwhile stated that the fire in the Saaruferstraße "no relevant misconduct" should be criticized Schuns. Only is criticized, Schun have worn the wrong vest in use. The Lord Mayor holds in "evident inappropriate manner" to the decision not to let Schun work as a fire chief.
Court reprimands failures of the Mayor
Following the decision, there was a revolt within the fire department. On April 16, the Higher Regional Administrative Court of Saarland confirmed Schun's right of return. And complained of failures of the mayor.
Due to the behavior of the refractory firefighters, a "threat to the security situation" had arisen in the city. Britz had "refrained from" counteracting this danger at an early stage. She herself had warned in the procedure before the sick leave. And apparently "assume that a large number of sick leave has no real background".
A spokesman for Britz disagreed. The public health department has so far examined 80 firefighters by public health. "In all cases, the sick leave was confirmed." Sick people would not be "under the general suspicion of refusal to work".
Last week, local media reported, Schun was on vacation. This Tuesday, he resumed his job. What will become then? "We assume that Mr. Schun will be completely rehabilitated," says his lawyer. "The mayor will not comment on internal organizational personnel matters," says her spokesman.