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Glosa do wyroku Wojewódzkiego Sądu Administracyjnego w Kielcach z 30 września 2019 r., sygn. akt II SA/Ke 500/19

100%
Kała D.
Przegląd Sejmowy
|
2020
|
issue 6(161)
203-215
EN
The commentary mainly concerns procedural issues related to the monetary equivalent for members of voluntary firefighters. The commentary is entirely approving. The resolution on the amount of the equivalent is of a general and abstract nature, and therefore is an act of local law. A councillor, who is at the same time a member of the voluntary fire brigade and takes part in rescue operations or fire training organized by the State Fire Service or the municipality, has a legal interest (derived from Article 28(1) and (2) of the Fire Protection Act) in adopting a resolution on the amount of the equivalent. The resolution on the amount of the equivalent, which was adopted by the city council with the participation of councillors (at the same time members of the voluntary fire brigade), who were excluded from voting by virtue of the law itself, is invalid.
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