Chief of office enforced: The city is not responsible for the mayor’s actions

This case made headlines far beyond Upper Austria: the former mayor of Scharten, Jürgen Höckner, was legally convicted of harassing his office boss as a local councilor in 2014 and 2015 and then raping her three times as mayor. He was also convicted of harming the woman in 2019.

Seven years in prison said an ÖVP politician for this. His victim filed an official liability lawsuit against the city with the responsible local liability court, with which the woman sought compensation, as well as proof that the city was also liable to harm the woman in the future.

“Breach of duty of care”

The woman justified the claim by saying that “the city, as an employer, must be responsible for the actions of the mayor who appointed him and be responsible for the performance of welfare duties and who has the authority to direct given to municipal workers. “

The trial court had ruled that the city could be held responsible for the rape committed by the mayor after he took office.

The Scharten community and the new mayor had appealed against this – and now from Higher Regional Court Linz We got justice, which rejected the claim for damages to the community.

The forced only “hours” of using a public office find the OLG. To determine whether a particular conduct by a person should be regarded as the exercise of public office, depends on whether the act is special. connection with the sovereign action taken in the particular case presentation. It was not like that.

There is no “sovereign connection”.

As for the actions taken by the man who was convicted as a local councillor, there is no connection with the work of a landlord. And it was the rapes committed by the former mayor who was convicted “in any case enough with the performance of the landlord’s duties, in particular the performance of the employer’s duty of care,” explained the OLG.

And continues: “To avoid unlimited liability,” there is a need for a connection with sovereign activity that goes beyond mere proximity in time and space.

Only the guilty party has for “private” purposes. trade out. These could not be assigned to the sovereign region. Therefore, the defendant is not liable for the rape of the mayor by the mayor.

“Consider this with pleasure”

N. Hillsas mayor of Scharten, Christian Steiner (ÖVP), takes this judgment “kindly” but does not fall into euphoria. “I know that the plaintiff is a very controversial person and I assume that she and her lawyer will appeal,” he still holds back.

Although it is a relief that the decision is in favor of the community. Because the costs for Scharten could have been enormous if the case had been made.

Next to the Amount in dispute of more than 73,000 euros Another 20,000 euros were claimed, and the difference between early retirement and the salary of the area manager for the woman, who is now just over 50 years old. “Ten to twelve years ago, that amounts to another 250,000 euros in total,” Steiner said.

Steiner says the waves have settled around this piquant subject. Only a few people in the community have contact with Höckner “I wrote to him last year and wished him a happy birthday,” says Steiner.

But as mayor, he is no longer in contact with the plaintiff, who was the head of the office. Steiner makes sure of that no one in the community knew about his rapes and sexual assaults on the complainant. Not even when they parted ways with her in 2019. “That happened because her leadership qualities as the head of the office were questionable,” recalls Steiner, who emphasizes that no mention was made of the crimes convicted after this discussion.

However, the head of the office told Höckner in a meeting that he would also have to leave if his contract was not extended. After that, the serious charges, for which Höckner was legally convicted, came to light.