In the case of the Augsburg building consultant Gerd Merkle, who wants to be paid around 200,000 euros for more than 4,900 overtime hours from the years 1994 to 2008, the Swabian government has played the ball back to the city of Augsburg. The city had asked the government of Swabia (RvS) as the municipal supervisory authority to examine the facts. “In its statement, the RvS points out that these are decisions in the area of local self-government,” says a recently published statement from the city. “These are to be made under the city’s own responsibility – also in the exercise of its own personnel sovereignty,” it said.
There is no question that Merkle actually worked the overtime. Also that it is possible for administrative employees to accumulate overtime. However, there was massive criticism of Merkle’s demand from members of the Augsburg city council.
As far as the decision on the payment is concerned, the city is again responsible, because “the authority comes to the conclusion that the question of whether claims exist is a matter of contract law and not of municipal supervision,” says the statement. “The city will now deal with the municipal committees on how to proceed.”