Lubartów, August 2019
We are waiting for the voivode's response
We wrote that the very wording of the resolution on diet increases raises our doubts. We want to dispel them. In such cases, the deciding authority is the supervisory body, i.e. in our case the Lublin Voivode.
Therefore, we exercised our right and asked the Lubartów Civic City Foundation to the Lublin Voivodship Office for a supervisory review of the compliance with the law of Resolution No. X / 72/2019 of 23 August 2019 - on: determining the amount and rules for granting allowances to councilors Lubartów City Council
What issues did we raise?
- As of today, i.e. on September 11, 2019, we have been refused a copy of the legal opinion issued to the draft resolution, and because many amendments were submitted during the session in relation to this opinion - we are not able to state whether all comments were taken into account.
- Supervisory decision No. WNP-I.4131.147.2019.DK of the Mazowieckie Voivode indicates that the resolution on the amount of the allowances is not to be of a "remuneration" nature. It is true that the judgment of the Supreme Administrative Court stipulates that the lump-sum calculation of the allowance is permissible - however, we ask for an examination in this context to what extent and whether the amount of the deductions is relevant for determining whether the resolution is not "remunerative".
- The draft resolution was introduced at an extraordinary session with the consent of the mayor at whose request it was convened. It was by no means an emergency, requiring an extraordinary procedure.
- The source of financing was not indicated in the draft resolution and in the resolution itself.
- To what extent, in the context of the non-lump sum nature of the diet, which theoretically should be compensation for lost profits due to e.g. paid work due to participation in the meetings of the legislative body and its committees, one can consider such a solution that compensation for lost earnings and incurred costs is paid after submitting a statement of expenses?
- If we are dealing with the flat-rate nature of the diet, is it possible and permissible to change its amount, according to the literal meaning adopted in the applicable legislation, while the case law is based on the inviolability of the flat-rate remuneration, beyond the decision of the courts?
We are waiting.