Josef Schäch

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Josef Schäch (born March 4, 1947 in Wolnzach ( Upper Bavaria )) is a Bavarian local politician and entrepreneur .

politics

From 1990 to 2008 he was the 1st mayor ( free voter ) of the market town of Wolnzach. In March 2008 he was surprisingly elected in the runoff election to the district administrator of the district of Pfaffenhofen an der Ilm . He prevailed against the long-time incumbent, Rudi Engelhard from the CSU . Despite his suspension on April 2, 2009 and impeachment on April 13, 2011 in connection with the Wolnzach financial affair , Josef Schäch made his political comeback as a member of the Wolnzach municipal council in the local elections on March 16, 2014. On the list of the FDP and independent Wolnzachers (UW) he achieved the best election result of all Wolnzach municipal councils with 5318 votes. In the assembly meeting on December 27, 2017, the FDP district association Pfaffenhofen even unanimously nominated Josef Schäch as a direct candidate for the Bavarian state election in autumn 2018 as an opposing candidate for the CSU incumbent MdL Karl Straub . Schäch clearly lost the election for the direct mandate. Only in the electoral district of his home community Wolnzach did he achieve the hoped-for popularity behind Karl Straub with second place and 25.8 percent. With 9.41 percent of the first votes, he only ended up in 6th place of all nine applicants. Personally, it was 2 percentage points above the FDP second vote result in the Pfaffenhofen district. For the local elections in 2020, which took place on March 15, 2020, Josef Schäch ran again as a candidate for the Wolnzach municipal council. He stood for the group of voters "Together for Wolnzach" (GfW) and after the 1st Mayor Jens Machold (CSU) achieved the best result of all candidates for the municipal council (4,668 votes). At the constituent meeting of the Wolnzach market town council in early May 2020, he was elected 2nd mayor of the Wolnzach market town. He did not run for candidacy as a district councilor for the district council in the Pfaffenhofen an der Ilm district for local elections on March 15, 2020.

Wolnzach financial affair

Investigations

On May 1st, 2008 Schäch took office as the newly elected district administrator. A few months later, on July 7th, 2008, the Wolnzach market applied to the Bavarian Municipal Auditing Association (BKPV) for a supra- local cash and invoice audit. All kinds of politically motivated conspiracy theories were circulating in the district. The two-part test result of the BKPV of March 17, 2009 had shown that Schäch, as the former mayor , had taken out cash loans for the market town , but according to the budget charter, some of these were overdrawn above the permitted maximum amount of three million euros. Already after receipt of the first audit report of 16 October 2008, led government of Upper Bavaria a disciplinary one against Schäch and transferred on 5 November 2008 at the same time its disciplinary powers to the Landesanwaltschaft Bayern . As a result, the Ingolstadt public prosecutor initiated an investigation on October 30, 2008 with initial suspicion of breach of trust and credit fraud . On April 2, 2009 the public prosecutor temporarily suspended District Administrator Schäch from his service.

Condemnation

After the investigation was over, the Munich public prosecutor decided to initiate criminal proceedings . Her indictment, dated January 28, 2010, comprised nearly 20 charges. At the end of the main hearing before the Regional Court of Munich II . there were two left. On June 16, 2010, Schäch was sentenced to two years probation and payment of a fine of € 80,000.00 due to the two overdrawn cash credits of July 2007 and March 2008 for breach of trust. At the same time his chamberlain was sentenced. However, without parole to three years imprisonment, because, according to the test report, he had also used budget funds of the Wolnzach market in the amount of EUR 31,641 for purely private purposes. In this context, the regional court acquitted Schäch of having known of the personal enrichments of his chamberlain or of having accepted them approvingly.

Constitutional complaint

Schäch's application for a revision of September 9, 2010 was rejected as unfounded on April 13, 2011 by the Federal Court of Justice . By virtue of the Disciplinary Act (BayDG), he was automatically and finally relieved of his office as district administrator . In the following elections on July 31, 2011, Martin Wolf was elected as his successor. Schäch filed a constitutional complaint on June 6, 2011 . On November 1, 2012, the Federal Constitutional Court granted his complaint. Under the chairmanship of President Andreas Vosskuhle , both the Munich Regional Court and the Federal Court of Justice overturned the judgment ( Section 354 of the Code of Criminal Procedure). In its decision, the Federal Constitutional Court criticized the insufficient separation between Schäch's formal breach of duty on the one hand and possible damage on the other. ( Requirement of certainty according to Article 103, Paragraph 2 of the Basic Law) At the same time, the proceedings were referred back to the regional court.

attitude

In the second main hearing before the Regional Court of Munich II on September 17, 2014, Schäch pointed out that the municipal council was well informed about the events at the time. He put the court u. a. minutes from the municipal council meeting on July 29, 2007. This also listed the interest that the community had to pay on the cash advances. Further interviews with witnesses could not corroborate the prosecution's allegations against Josef Schäch. As a result, on September 18, 2014, the regional court closed the original criminal proceedings against a monetary charge of € 100,000.00 ( Section 153 (1) sentence 2 StPO). She justified the attitude with the fact that the "continuation of the process and the possible ascertainability of guilt is very low". Schäch refused to pay the remaining amount of € 40,000. At no cost did he want to give the impression that he wanted to buy himself out with the help of a cash payment.

As a result, the regional court resumed the criminal proceedings, but finally dropped them on August 9, 2016. The suspended sentence was ultimately canceled entirely. The court did not set a new monetary requirement. Schäch had agreed to leave the amounts of € 60,000.00 already transferred to charitable organizations in the original criminal proceedings.

Action for damages

The Wolnzach market's claim for damages did not come to an end until 2018. The Munich Administrative Court rejected the first claim for damages due to Schäch's supplementary payment in 2007 to a construction company in the amount of approx. EUR 85,000 in its judgment on September 25, 2018, with reference to a lack of joint and several debt due to a settlement reached in 2009.

In the second claim for damages, the market sued for alleged interest damage in the amount of EUR 217,615 and justified this with the cash loans taken out by Schäch. The presiding judge proposed a settlement of only EUR 20,000 "to bring the whole thing to an end". Schäch first insisted on a judicial clarification, but in the subsequent meeting on December 18, 2018, contrary to the recommendation of his lawyer, he agreed to the settlement proposal. The Wolnzach market assumed 90 percent of the procedural costs. In return, Schäch agreed to take over EUR 20,000 of the auditing association costs without recognizing any legal obligation. Because he himself finally signed the audit assignment to the municipal auditing association on July 7, 2008 to review the Wolnzach budget.

Disciplinary proceedings

The disciplinary proceedings of the Bavarian State Prosecutor's Office have not been completed for years.

Honorary positions

  • Schäch has been chairman of the Wolnzach housing cooperative since 1998. It was founded after the war in 1949 and offers cheap housing in the Wolnzach market with 122 social housing now.

Individual evidence

  1. ↑ Karin Trouboukis: Back chairs in the donaukurier.de conference room . March 17, 2014. Accessed December 31, 2017
  2. ↑ (rt) Schäch starts for the FDP in the race for state parliament mandate Rohrbacher Anzeiger. December 28, 2017, accessed December 31, 2017.
  3. ^ Robert Schmidl: Despite losses: Straub defends mandate . In: donaukurier.de . ( donaukurier.de [accessed October 18, 2018]).
  4. ↑ State election - results in the table view for the constituency Pfaffenhofen adIlm. Retrieved October 18, 2018 .
  5. ↑ Harald Jung: Rudi Engelhard voted out: Josef Schäch becomes District Administrator augsburger-allgemeine.de March 17, 2008, accessed on April 18, 2018.
  6. ↑ Karin Trouboukis: Apart from accusations nothing comes at donaukurier.de April 1, 2009, accessed on April 18, 2018.
  7. ↑ Stefan Mayr: Ex-District Administrator of Pfaffenhofen - Schäch fights for his honor sueddeutsche.de December 4, 2012, accessed on April 18, 2018.
  8. ↑ Rudi Gegger: Disciplinary proceedings initiated against Schäch donaukurier.de November 6, 2008, accessed on April 18, 2018.
  9. ↑ Robert Schmidl: Investigation proceedings against Schäch donaukurier.de October 30, 2008, accessed on April 18, 2018.
  10. ↑ Harald Jung: Pfaffenhofener District Administrator relieved augsburger-allgemeine.de April 2, 2009, accessed on April 18, 2018.
  11. ^ John Schneider: Infidelity: District Administrator Schäch apologizes, Abendzeitung-muenchen.de June 9, 2010, accessed on April 18, 2018.
  12. ^ Dpa: Judgment: Probation for ex-mayor Schäch merkur.de 16.06.10, accessed on April 18, 2018.
  13. ↑ Manfred Habl: Josef Schäch Press Release Part I youtube.com July 2, 2010, accessed on April 18, 2018.
  14. ↑ Manfred Habl: Josef Schäch Press Release Part II youtube.com July 2, 2010, accessed on April 18, 2018.
  15. ↑ Rudi Gegger: Kämmerer avails himself of donaukurier.de community treasury on March 24, 2009, accessed on April 18, 2018.
  16. ↑ Haufe Online editorial team: Mayor on a big foot: Manipulated municipal balances haufe.de May 16, 2011, accessed on April 18, 2018.
  17. ↑ Dirk Walter and Nina Gut: A misjudgment with serious consequences merkur.de 11/28/12, accessed on April 18, 2018.
  18. ↑ Harald Jung: This is a sensation augsburger-allgemeine.de November 8, 2012, accessed on April 18, 2018.
  19. ↑ Harald Regulator: Start of the trial against former Mayor Josef Schäch hallertau.info September 17, 2014, accessed on April 18, 2018.
  20. ↑ Rudi Gegger: Too high hurdles donaukurier.de September 18, 2014, accessed on April 18, 2018.
  21. ↑ Infidelity proceedings against Josef Schäch stopped. intv . September 20, 2014, accessed November 9, 2016.
  22. ↑ Tobias Zell: Does Josef Schäch have to go back to court? pfaffenhofen-today.de June 18, 2015, accessed on November 9, 2011.
  23. ↑ Karin Trouboukis: The market asks to checkout Donaukurier.de June 7, 2011, accessed on April 18, 2018.
  24. ↑ Severin Straßer: Proceedings continue Donaukurier.de December 28, 2017, accessed on October 30, 2017.
  25. ↑ Karin Trouboukis: Schäch wants clarity - as a defendant, he rejects a settlement in the cash- advance -process from Donaukurier.de September 25, 2018, accessed on September 29, 2018.
  26. ↑ Karin Trouboukis: Jens Machold and Josef Schäch are collegial in court - the comparison still fails Donaukurier.de September 27, 2018, accessed on September 29, 2018.
  27. ↑ Karin Trouboukis: Wolnzach: Final point to the 'financial affair' - Josef Schäch and Markt Wolnzach come to an agreement in the cash credit procedure before the administrative court. Retrieved December 19, 2018 .
  28. ^ Katrin Rebl: A Social Obligation Donaukurier.de October 30, 2017, accessed October 30, 2017.
personal data
SURNAME Schäch, Josef
BRIEF DESCRIPTION Bavarian local politician and entrepreneur
DATE OF BIRTH March 4, 1947
PLACE OF BIRTH Wolnzach ( Upper Bavaria )