The Legnica prosecutor’s office accused the current mayor of Jawor (Lower Silesia), Emilian Bera. The local government official is charged with violation of rights, infringement of employee rights and demands for financial benefits and accepting such benefits in connection with the performance of a public function. In an interview with tvn24.pl, Bera refutes the allegations, talks about a political attack and the revenge of former employees.
The dock in this case will also include the former deputy mayor of Jawor Agnieszka R. and the driver at the Municipal Office Mariusz D. – The indictment in this case covers the years 2016-2019 – spokeswoman for the District Prosecutor’s Office in Legnica Lidia Tkaczyszyn said on Wednesday.
Prosecutor’s office: secretary locked in the office
Emilian Bera (agrees to publish his name and image) won the mayor of Jawor in 2014. He is associated with the Civic Platform. He repeatedly manifested his dissatisfaction with the decisions made by the government of the United Right.
According to the prosecutor’s office, while in office, Bera began personnel changes in managerial positions in the City Hall and in organizational units and budgetary facilities of the Jawor Commune.
– Both defendants, Emilian B. and Agnieszka R., decided, inter alia, to change the position of the Secretary of the Jawor Commune and actually dismiss the employee holding this position. On March 10, 2016, they asked the secretary to the mayor’s office, in which, acting in order to force her to resign from the office, the aggrieved party was closed together with the accused until she agreed to resign from the position held so far – said Tkaczyszyn.
The door of the mayor’s office was to be closed from the outside, at the behest of Agnieszka R., Mariusz D. According to the prosecutor’s office, the victim, Bara and R. were locked in the office for an hour. The Secretary of the Jawor Commune was to sign declarations of resignation from the position held so far and take the proposed position of the Head of the Department of Debt Collection. The woman worked there for several months, after which – according to information provided by the prosecutor’s office – Emilian Bera dismissed her from work in the office.
In January 2018, the District Court in Legnica ruled on the reinstatement of the aggrieved party to the previously held position of the Head of the Debt Collection Department.
– The defendants Emilian B. and Agnieszka R. were not, however, interested in reinstating the aggrieved party, having previously abolished such a position in the office structures. Despite the victim’s notification of readiness to work, the defendants refused to accept her again in accordance with the court verdict, offered employment in a different position, did not prepare the victim’s job or immediately reported the employee named as employed to the Social Insurance Institution, the prosecutor said.
After a few days, the woman was dismissed from the office again, and the case was again brought to the labor court. The court found that the termination of her employment had been filed in violation of the law.
– B. did not allow the actual implementation of the restitution of the employment relationship of the aggrieved party in the previously held position at the Jawor City Hall, which was validly adjudicated by the court, – indicated the prosecutor.
The mayor of Jawor was also accused of accepting financial benefits from the president of the communal company in Jawor in exchange for the possibility of continuing to act as the president of the management board of this company and for increasing his salary.
– As evidenced by the evidence, in the period from 2016 to 2017, Emilian B. accepted a financial benefit in the total amount of PLN 6,000. He demanded from the president a monthly payment of PLN 500 each, which the president of the municipal subsidiary did, and when he stopped transferring part of his remuneration to Emilian B., on the basis of a resolution of the Supervisory Board of the managed company, he was dismissed from the position of the president of its management board, the prosecutor reports.
President Jawor referred to the prosecution allegations on Wednesday in social media. On his Facebook profile, Bera called the case an employee dispute. He admitted that after taking the post, in order to “move forward”, personnel changes were necessary, which – the mayor emphasizes – some “have not accepted until today”.
“From the very beginning there has been a constant attack on me by the dismissed people who, unable to accept the loss of their positions, accuse and slander me in every possible field. In this case, brutal politics, as it turns out, knows no bounds, and the Polish hell does not spare Jawor. I am accused of abusing my powers and violating employment rights. It is accused that I have fired people unlawfully. I declare: I did not break the law by my actions and I will prove it in court “- writes Emilian Bera.
The mayor believes the whole thing is an act of revenge and an attempt to eliminate him through manipulation and provocation.
“I was silent for a long time how they tried to destroy me for years, look for the so-called hooks on me, remove me from power, discourage me from working and intimidate me. Various ways of eliminating and destroying the mayor, returning to what was then were searched for. So, to slander me and not to He could already work for the city. Today, after years of slander and slander, the case is brought to court. A case in which I have nothing to accuse myself of, on the contrary, I and the office I run are the victims of criminal methods “- writes Bera.
In an interview with tvn24.pl, Bera admitted that he knew about the proceedings against him, but he learned about the indictment from the media. He does not know its content, nor does he want to go into details of the events described in the prosecutor’s announcement.
– However, I would like to emphasize that this communication is scandalous and unacceptable. The public prosecutor’s office passes sentences and declares guilt before the court verdict. The action has the dimension of a political attack. Many people do not like what I do in the city, but it is not only about Emilian Bera himself, but about taking power in the city. It is revenge before the local elections. I strongly deny that he ever accepts any financial gain. I will prove my innocence in court. As soon as it is possible to lay the cards on the table, the public will know what actions were used against me. I am confident about my future, I will continue to work for the city, as I have done so far, says the mayor of Jawor.
The indictment in court
The investigators accused B. of three crimes: violation of powers and deprivation of liberty of the employees subordinate to him in order to force her to resign from the position of the Secretary of the City of Jawor, failure to fulfill her duties and malicious violation of the employment rights of the said victim, including by refusing to accept her to work, whose reinstatement was ruled by a final court judgment and for accepting financial benefits.
Agnieszka R. accused the prosecutor of two crimes: abuse of rights and deprivation of liberty of a subordinate employee, and malicious violation of employee rights. In turn, Marcin D. was accused of imprisonment.
B. faces up to eight years in prison, while R. and D. up to five years. The accused did not plead guilty to the charges in the investigation. The indictment in this case was filed with the District Court in Jawor.
Main photo source: Maciej Kulczyński / PAP