Summaries of selected statements | 63
it is compulsory or optional to use a digital self-service
solution.
Further, the municipality’s digital self-service solution
was not designed to make it possible to submit applications on behalf of others, and the Ombudsman stated that the municipality had not ensured that express
guidance was provided on its website on the option of
exemption from using the compulsory digital self-service solution for applications for technical aids and on
how to apply for exemption. It should also be ensured
that guidance on this was provided on www.borger.dk.
Finally, guidance should be given that persons applying
for consumer durables or layout or interior design
work on behalf of others may do so without using the
municipality’s digital self-service solution.
The municipality and the then Ministry for Children
and Social Affairs both replied to the Ombudsman
that they would take initiatives to ensure clearer guidance about the digital self-service solution.
The Ministry further informed the Ombudsman
that it would initiate a dialogue among the relevant
authorities in order to ensure coherent, user-friendly
guidance across the relevant pages on www.borger.dk
where different authorities are responsible for the
content. The Ombudsman recommended to the
Ministry that, in that connection, clarity be ensured
in the respects mentioned in his report.
2019-13. Municipality’s observance of rules on
disqualification in case about mayor’s relations
with privately owned enterprise
The Ombudsman opened an investigation on his own
initiative with a municipality about its observance of
the rules on disqualification. The Ombudsman made
the decision to open the investigation following media
reports that the then Mayor for Employment and
Integration had been allowed by a privately owned enterprise – with which the Employment and Integration
Administration collaborated on, among other things,
apprenticeships for socially vulnerable young people
– to use a room at the company’s premises free of
charge for a birthday party.
Based on an overall assessment, the Ombudsman
agreed with the municipality that there was not a friendship between the Mayor and the manager of the company of a nature resulting in disqualification under section 3(1) paragraph (5) of the Public Administration Act.
However, in the Ombudsman’s opinion the loan of
the room for the Mayor’s birthday party was to be
regarded as a gift, which the Mayor should not have
accepted. The question whether the Mayor’s acceptance of this gift resulted in disqualification was open
to some doubt, but overall the Ombudsman was of the
opinion that the Mayor was disqualified under section
3(1) paragraph (5) of the Public Administration Act in
relation to any case concerning the company and its
manager.
The Ombudsman stated that, based on the available
information, the Mayor had not in any way participated
in the processing by the Employment and Integration
Administration of any specific cases about placement
of unemployed people in apprenticeships with the
company. Even for that reason alone, he found that
the processing by the Employment and Integration
Administration of the cases was not flawed as a result
of the Mayor being disqualified. In addition, the Ombudsman found that the Mayor’s interest was not of
such a nature that it might result in the employees of
the Employment and Integration Administration also
being disqualified.
However, as a result of her being disqualified, the Mayor should not have taken part in the decision to award
the company a business prize – but the Ombudsman
found no basis for recommending that the case be
reopened.
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