appendix d: summaries of selected cases
accordance with the provisions governing the powers to bind owner-occupied
flat associations.
(Case No. 2009-4541-109)
u. local and regional authorities
The following cases concluded in 2011 were selected for publication in the Annual
Report:
20-1. Demand by local authority that councillor repay
compensation for lost earnings
Part of a local councillor’s remuneration had been paid in accordance with the
special rules on compensation for lost earnings. The councillor had handed in
statements on a regular basis of the number of hours he had spent working on
the council, and the local authority had paid him his remuneration on the basis
of these statements.
Later, the local authority demanded that the councillor repay his remuneration
as he had not documented that he had suffered a loss of earnings corresponding to the amount that he had received in remuneration.
The Ombudsman emphasised that the local authority’s guidance to the councillor indicated that he had been in good faith when he received his remuneration. In the Ombudsman’s opinion, the local authority had not included the
significance of its guidance to a sufficient degree when assessing whether there
was a basis for demanding repayment of the remuneration received by the
councillor.
The Ombudsman recommended that the local authority reopen the case and
make a new decision.
(Case No. 2009-3774-410)
133
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