Trial in Feldkirch

Mayor convicted of abuse of office

Simon Tschann pleaded not guilty. He said that he had trusted the responsible employees.(Bild: Chantall Dorn)

The mayor of Bludenz, Simon Tschann, received a suspended prison sentence and a fine at the regional court. He was not disqualified from holding office as the sentence was too light. The first calls for his resignation have already been made.  

Simon Tschann is accused of having granted approval for a housing project in 2021 as the building authority in the first instance, even though the legal basis for this did not exist. As the head of the city, he is said to have approved the building project in Fohrenburgstrasse despite a negative opinion from a municipal expert.

Specifically, it concerns a residential complex consisting of three buildings with 23 units. Public prosecutor Richard Gschwenter accused the accused of ignoring criticism of the project from the official expert. "They wanted to force the project through," he said. Tschann was also accused of making false statements to the Provincial Ombudsman and the district authority of Bludenz and faking the approval of the official expert.

 "To this end, a meeting was simply invented that never took place and in which the expert had given his approval," said the public prosecutor. Tschann and his defense lawyer confirmed that the meeting in question did indeed take place. This is said to have taken place on June 17, 2021 - two days after the construction hearing was announced. For his part, the official expert said in court that there is no such thing as "verbal approval" in such a matter. He had only learned of such a release in April 2022.

The city stated that it had failed to provide written documentation. The design advisory board still had concerns about the dimensions and design of the building structures on June 16. In its eyes, the project was "not approved" at the time. An employee of the building law department dealing with the matter at the time confirmed that "direct approval" had not been given by the official expert. Minor changes had been made to the project following the official expert's report on June 9, and at the meeting on June 17, everyone had the impression "that it was okay".

In his interview, Tschann emphasized that he does not check the decisions submitted to him by the city administration, but merely signs them. "As soon as I receive the decision, I assume that the basis for it has been checked by my employees." This also applies to the statements made to the Provincial Ombudsman and the district authority.

He did not convince the judge. Tschann was found guilty. He was given a suspended eleven-month prison sentence and a fine of 51,000 euros (300 daily rates of 170 euros). His lawyer lodged an appeal for annulment and an appeal. Tschann took note of the verdict.