Rheinland-Pfalz Civil Servant Leave Scandal: Public Prosecutor Initiates Preliminary Investigation into Embezzlement Allegations

Preliminary Investigation Launched in Rheinland-Pfalz

The Mainz public prosecutor's office has initiated preliminary investigations into a burgeoning political scandal in Rheinland-Pfalz, Germany. The focus of the inquiry is the state government's practice of granting extended special leave to high-ranking civil servants, particularly State Secretaries, enabling them to transition into lucrative management positions while maintaining their civil servant status and associated pension entitlements. The investigation centers on potential allegations of 'Untreue' (breach of trust or embezzlement) against the taxpayer.

Allegations of Extended Special Leave and Financial Disadvantage

Reports indicate that some civil servants were granted special leave for periods extending up to nearly twelve years. The Landesrechnungshof (State Audit Office) of Rheinland-Pfalz had previously highlighted this practice in 2022, deeming it unlawful. The Audit Office's findings revealed numerous cases of special leave lasting six years or more, with 21 instances exceeding ten years. Critics argue that this arrangement resulted in financial disadvantages for the state, as pension claims continued to accrue for individuals not actively serving in their civil service roles.

Conflicting Legal Opinions and Widespread Criticism

The controversy is fueled by opposing legal assessments. The opposition party Freie Wähler (Free Voters) commissioned a legal opinion from criminal law expert Till Zimmermann, which suggests grounds for 'Untreue' due to the potential damage to state assets. Zimmermann's analysis indicates that the state may have incurred unjustified pension costs. Conversely, the State Chancellery of Rheinland-Pfalz defends its actions, citing a legal opinion by former Federal Constitutional Court judge Udo Di Fabio, which reportedly deems the practice compatible with civil service law.

Beyond the legal debate, the practice has drawn sharp criticism from various bodies:

• The Landesrechnungshof, led by President Jörg Berres, has consistently criticized the system, pointing out that beneficiaries secured 'advantages from two worlds' – high manager salaries and generous civil service pension claims.
• The Bund der Steuerzahler (Taxpayers' Association) has also voiced strong objections, labeling the situation a 'scandal' and questioning the legality of such long-term leaves and promotions for civil servants not actively in service.

Political Pressure and Public Outrage

The scandal has placed significant pressure on the current SPD-led state government and Minister-President Alexander Schweitzer. While Malu Dreyer served as Minister-President for much of the period during which these leaves were granted, stepping down in July 2024, the current administration faces scrutiny over the long-standing practice. Public reaction has been marked by considerable outrage, with many citizens expressing anger and a sense of betrayal, viewing the situation as an example of 'Vetternwirtschaft' (nepotism) and excessive 'Beamtenprivilegien' (civil servant privileges).