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◯Chairperson (Takashi Ogawa) Opens the Planning and General Affairs Fire Service Standing Committee.
In this委員会 year's regular meeting, the issue which was attached to this committee is as follows.
I would like to ask more members about the question of the question, so please ask about 3 questions per person, and if you exceed that, please give it to other members.
First, we will examine the request.
Please follow the application form.
The agenda of the request form for sending to the government of an opinion request for the enactment of the National Civil Code (tentative name) of the Ministry of Health, Labour and Welfare.
As the referee is not included in the committee, I would like to hear the explanation of the referee based on the provisions of Article 134 of the Conference Rules from the need for examination.
(No objection)
2 ◯Chairperson (Takashi Ogawa) Therefore, I decided to hear the explanation from the referee.
In addition, since there was a request for explanation by the petitioner for this request, the petitioner is attended.
Then, I enter the examination.
For the first request, we will ask the referee Hideaki Kakui. Please give us a brief explanation.
Mr. Kakui.
3 ◯I would like to talk about Mr. Yoshio Yamauchi of the petitioner from the viewpoint of the referee (Eiaki Kakui).
Mr. Yamauchi is the head of Hikone, Aichi, and Inugami Branch of the National 犠 Request Alliance of the sacrifices of the sacrifices of the sacrifices who have suffered a major damage by the prewar, ideology and beliefs, and the sacrifices who seek to live nationally. This is a request to the government to send an opinion to the government to request the enactment of the national law.
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4 ◯Chairman (Takashi Ogawa) Thank you.
Then, we will ask the applicant to explain the purpose of the petition.
Please note that the explanation time will be within 5 minutes.
So please.
Contractor.
5 ◯Zeno Yamauchi is the representative of Hikone, Aichi, and Inujo branch of the National Request Alliance Shiga Headquarters.
Thank you for your valuable time. I would like to invite this request to our parliament, and to ask the government for sincere response.
In 1925, the safety maintenance method was established. In 1945, Japan accepted the Pozdam Declaration at World War II, and this Security Management Act was disco、ed. In the past 20 years, it is a safe maintenance law that has become important to carry out the war. As described here, 60,000,274 people who have been tested for this 20 years, and tens of thousands of people who have been examined and graduated. It is said that 93 people who were slaughtered, 93 people, prisons, abuse, 行ence, etc. were raised by about 300 people. As a result, 310 million people in Japan and 20 million people in Asia were killed in World War II.
We believe that Japanese people are victims, and they are also responsible for the victims. However, if the freedom of speech is guaranteed, the war is a kettle. “I want to stop the war,” the of the course should have been happening from Japan. However, it is a safe maintenance method that suppressed it.
There is a list of people who have been sacrificed by the Safety and Maintenance Law, but it is a list of related persons in Hikone, Aichi-gun, and Inugami-gun. Hikone City officials are listed on the back of the first page, and 18 members on the back of the next page. The 9th, 10th, Kanshiro Sawa, and10ma Sera. I think you have seen it in the newspaper. You can understand that such people were sacrificed by the Safety and Maintenance Law.
Many people sacrificed in World War II. In my town, it was a small village, but three people died in the war. The name of the war sacrifice is also created in the town of the historical museum. This is a painful situation in which 10 people rise to Hida have been convened in the war and never returned again. I think that this situation was in Hikone.
My parents re-married me, but my mother said that she married to Tangba in Kyoto at the time of marriage, and her friend was called in the war and returned again. I had a small child, but I was sick and remarried. If there were no wars, it was a different life.
War is a war that takes about 3 million people in Japan and 20 million people in Asia.
6 ◯Chairperson (Takashi Ogawa) If you have any questions, please contact us.
Contractor.
7 ◯The petitioner (Yoshio Yamauchi) "I want to protect peace", I think that it was not so painful if such voice was delivered to the government.
In such a way, many countries around the world are naturally compensating for those who have sacrificed in World War II.
For example, in Germany, we have paid an annual 、 of 88.5 billion yen by 2010, and we are compensating for those who have been sacrificed by NACHIS. In Italy, we have paid the 、 to anti-シist politicians. In Canada and the United States, Japanese people were sent to and sacrificed, but in Canada, we have paid a 250 of about 2.5 million yen per person. In order not to repeat twice, I think that the government should apology, take care of it, and clear the attitude of the government.
It is to the sacrifice of the Security Maintenance Law.
8 ◯Chairperson (Takashi Ogawa) Please re-submit your request.
Contractor.
9 ◯Contracter (Yamauchi Yoshio) Yes. The request of the National Alliance of Japan and the Japan-Venus was accepted. The local parliament, more than 400 parliament, expressed the app of this petition, and recently adopted this petition in Kora-cho, Toyogo-cho and Taga-cho. We are looking forward to your continued patronage.
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10 ◯Thank you for the chairperson (Takashi Ogawa).
So, do you have any questions about the first of your petition?
(There is a person called "None")
11 ◯The chairperson (Takashi Ogawa) does not have a speech, so we will discuss the first application.
Are there any discussions?
Member of Kitagawa
12 ◯Members will be discussed in the position that they should not be accepted.
I have been receiving the history that many people suffered by the security maintenance method. I feel that I will never forget the past where freedom of speech was infringed.
On the other hand, this petition is intended to enact the laws of the state of residence to the country, and is committed to the legal responsibility of the country and the way it exists. We believe that this is a national government issue that should be carefully discussed, including materials, case studies, legal arrangements, and financial measures in the会 and governments. In addition, there are several facts認定reditations such as the number of damages and overseas cases in the petition statement, but as a local parliament, we think that it is necessary to make a statement to the country after fully verifying them.
Accordingly, there is no reason to lighten the historical sacrifice, but as the Hikone City Council, we can not agree that we will immediately send a written opinion to the country for the enactment of the national 犠 law, and we deem that un。onable.
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13 ◯Is there any other discussions?
(There is a person called "None")
14 ◯If the chairperson (Takashi Ogawa) is not, the examination for the first application will be 。d.
The resignation of the applicant.
We will make a decision from now on.
The petition requesting the government to send an opinion to the government that requires the enactment of the National Civil Code (tentative name) of the Safety and Maintenance Act, the first issue of the petition, will seek to establish the decision to be adopted.
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15 ◯Chair (Takashi Ogawa) There is no standing.
Therefore, I decided that the first of the petition should not be accepted.
Take a break.
9:42 am
9:43 am
16 ◯Chairperson (Takashi Ogawa) Continue to open the meeting before resting.
Next, we will make a proposal on the request of the Japanese government to 准ify nuclear weapons prohibition treaties.
り
I would like to hear the description of the referee based on the provisions of Article 134 of the Conference Rules from the need for examination, but is there any objection to this?
(No objection)
17 ◯Chairperson (Takashi Ogawa) Therefore, I decided to hear the explanation from the referee.
In addition, the request for this petition is requested by the petitioner, so the petitioner is also attended.
Then, I enter the examination.
We will ask the referral member Yoshinori Ogawa about the application No.2. Thank you for your understanding.
So please.
Mr. Ogawa
18 ◯ Referee (Kichinori Ogawa) Good morning. Thank you.
The Japanese government is the only 爆ic bombing country, but there is no signing or 准ification. I would like to 准ify this correctly and send the opinions of the purpose that should be directed to nuclear abolition, so thank you for your understanding.
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19 ◯The chairperson (Takashi Ogawa) Then, we ask the applicant to explain the purpose of the petition, but please note that the explanation time will be within 5 minutes as previously requested.
Then, please explain to the applicant.
Contractor.
20 ◯Contracter (Natsuhara Tomei) Good morning. Thank you for your understanding.
I am known as Tsuneaki Natsara in Shohoji Town. The Chairman of the Board of Directors has been working for about six years, and the chairman of the Association for Social Welfare in the Asahimori School District, and the chairman of the Council for Human Rights Education. We decided to make this request with everyone who met us. A member of the referral member Ogawa also met at the self-government meeting. I think that the members of the Board of Directors are aware of the theory of Shaka, but I would like to listen to the appeal of our願.
The NPT Reexa Conference of Saki has failed to form an agreement for three consecutive times,。 the military contractual obligation to the nuclear country. I felt like I saw the limit of NPT that is sweet and tough in countries that have no nucleus.
NPT is essentially different from NPT. It is a new international framework that aims to completely ban and abolish, rather than to reduce or manage nuclear weapons. The nuclear weapons that had been negligible have become absolute evil as this treaty came out.
If you look at the public opinion survey of the Asahi Shimbun that was last year, the convention is 73%, and 22% of "meaning not to join" is larger than. In addition, there are only 19% of people who think they are trying to eliminate nuclear weapons from the world, but 77% aren’t thinking. The Japanese government sees this nuclear weapon prohibition treaty that many people wish for 准ification, but at the end, "Nuclear weapon abolition is a goal. However, in today’s severe security environment, I can’t join the treaty because I can’t rely on the American deterrent.
This time, I was able to talk with several members. Sorry, this entry is only available in Japanese. "The nuclear weapon is not used, and the nuclear war is the same as Natsukahara in the big direction that I want to prevent." We have confirmed the desire to become a world without nuclear weapons. However, because it is a strict security environment, it was said that 准ification of the Convention should be cautious. I understood that 准ification requires nuclear suppression.
I think that the security environment is severe. Here is an example of New Zealand. New Zealand has become one of the main nations of its promotion by 准ifying nuclear weapons prohibition treaties while maintaining the US military alliance. New Zealand is the core, but in other areas, we are actively involved in security cooperation with the United States. I think that it is possible to focus on security and advance nuclear army contraction. If a country that participates in the treaty is among the countries that connect the nations of nuclear reserves and alliances, I think that the 准ification of the treaty will proceed at once if Japan is the only war 爆ic bomb country.
The 753 parliament, 42% of the national government, raises opinions to the government. It is 40% in Shiga prefecture. In this Hikone dog, all four towns other than Hikone City have written opinions. Although there is no power to change the law or binding the government’s opinions to the government of the local parliament, I believe that many local parliament opinions will be a solid step to nuclear abolishment, as the 批ification of the Nobel Prize-winning association Tanaka.
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I teach to local Hikone Higashi Junior High School once a week. I looked at the textbook of the public in the library. The textbook was written in the “Efficacy of the 2021 Nuclear Weapons Pro ted Convention”, and in the body “We must strongly sue that we will release humanity from the threat to know how the 原子ic bomb is cata phic to the language.” Nuclear Weapons Pro ted Treaty However, Japan does not 准ify the Convention. How do children learn about this school?
There is no war even if there is no nuclear weapon. However, if there is no nuclear weapon, I think that you can rest。 people such as the Middle East, Ukraine and Gaza. I think that eliminating nuclear weapons is an important key to eliminate war. I would like to be a step in building a peaceful society without nuclear weapons, with the support of our intrinsic wishes. Thank you very much.
21 ◯Thank you for the chairperson.
So, do you have any questions about the second issue of the petition?
Member of Kitagawa
22 ◯Members (Kitagawa Genki) I would like to ask questions because it is very good.
First of all, the situation of security in Japan is very strict, so the view is matched, but how will Japan sign and 准ify Nuclear Weapons? Are you away from the US nuclear umbrella? In that case, how do you do a Japanese defense system? How to position the Self-Def Force? Do you want to become a national defense? I think it is difficult to discuss with security debates related to the roots of the state, but how do you think?
23 ◯Chairperson (Takashi Ogawa)
24 ◯Contracters (Natsuhara Tomei) I think it is a very difficult problem, but I have to examine this country a little more in detail in New Zealand, which I mentioned earlier, but now I know that the government pro。ts the nuclear power of the ship, for example, in Kobe, New Zealand is doing in a national unit, and the United States is listening to the temporal, but now it is a good relationship with the United States, so I want to discuss a little more about this country, but I can't answer it too much.
25 ◯Is there any other question?
(There is a person called "None")
26 ◯The chairperson (Takashi Ogawa) If there is no other saying, we will discuss the second issue of the petition.
Are there any discussions?
Member of Kitagawa
27 ◯Member (Kitagawa Genki) I will first discuss in the opposite position.
I have no intention to negate the desire to abolish nuclear weapon. Of course, I share the feeling of suffering from the 爆ic bomber and using nuclear weapons twice. On the other hand, Japanese security in reality is a fact that the U.S.-Japan Alliance, and the so-called U.S. nuclear umbrella, and the expansion of the傘.
We believe that Japan will sign and 准ify nuclear weapons prohibition treaties will never be debated and discussed in the future how the Japan-U.S. Alliance is going to be, how to leave the U.S. nuclear umbrella, how to defend Japan, how to position the Self-Def Force, how to make it a national defense, and how to deliberately discuss security issues related to the roots of the state.
The security environment surrounding our country is。 strict. In such a severe decision on外交lomatic, security, and government protection, we believe that it should be comprehensively judged and addressed the筋 roads of international situations, alliances, defense policies and nuclear contracts in the country. It is important to show the intention to pray for peace as a local parliament. However, I think that it is a judgement that the Japanese government will seek signatures and 准ification of nuclear weapons prohibition treaties, which is not just a word of philosophy, but will have a significant impact on national security policies.
Therefore, even though the feeling of hope for nuclear abolition is shared, it should be cautious about submitting opinions to the government for signing and 准ification. Therefore, we will object to this request.
28 ◯Is there any other discussion?
(There is a person called "None")
29 ◯If the chairperson (Takashi Ogawa) is not, the examination for the application No.2 will be 。d.
The resignation of the applicant is free.
We will make a decision from now on.
The application form for 准ification of nuclear weapons prohibition treaty to the Japanese government of the petition No. 2 will be required to establish the 立ification of the applicant.
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30 ◯Chairperson (Takashi Ogawa)
is a few standing. Therefore, I decided that the application No. 2 should be rejected.
Take a break.
9:56 am
9:59 am
31 ◯Chair (Takashi Ogawa) Then, continue to open the meeting before resting.
Next, we will examine the proposal.
The agenda is to request a resolution for the acquisition of the Agenda No. 45 property.
We will make a question about the Proposal No. 45.
Do you have any questions?
Member of Tsuji
32 ◯Members (Mariko Tsuji) I think that it is a simple question, but in the explanation sentence, the high-standard ambu、 that was deployed to the fire station Kitabun station in 2017 is 9 years after the deployment in November, but I have been told that there is a possibility of hind。 activities due to the number of times and mileage of recent participation and the decline of functions such as vehicles.
33 ◯Chairman (Takashi Ogawa) Chief Security Officer.
34 ◯Description of the number of 防s of the north section of the police department (Taita Tsuchida), but there are four fire stations, and there are two ambu。s in the main section. In that case, the number of 1,500 entries occurred near 1,500 in comparison with other stations, and the number of entries related to one team is quite large among the 4 stations.
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35 ◯Chairperson (Takashi Ogawa)
36 ◯Member(Mariko Tsuji) I'm going to hear the reason, but again, thank you.
37 ◯Chairman (Takashi Ogawa)
38 ◯I was rude. Because of the reason, the number of employees in the Kitamincho is increasing because there are many people in the old town area, and there are many elderly people in the aging area.
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39 ◯Is there any other question?
Member of Tozaki
40 ◯Members (Katsuji Tozaki) The explanation of the supplement is, however, I think that "the number of times and the mileage of the game" is high, but I want to hear about how much distance this mileage should be, and how much it should be reviewed. In general, I think that there are a lot of 100,000 km, for example, but I think that the mileage is the biggest damage for the car without the number of reasons.
41 ◯Chairman (Takashi Ogawa)
42 ◯In the mileage distance, we plan to be 9 years or 150,000 km based on the vehicle maintenance plan.
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43 ◯Chair (Takashi Ogawa) Member of Tozaki.
44 ◯Thank you for your explanation.
I understand that I often go to the north part of the station, but I do not think that the number of cars I am trying to increase.
45 ◯Chairman (Takashi Ogawa)
46 ◯In国の with the guidelines of the government, there are six 車の cars. However, it is the last year, but we are considering the expansion of the adron.
There are many reasons why we are not increasing. In recent years, the number of moving items is increasing or lying, and the time required for on-site arrival is slightly shortened. In addition, the number of moving units is higher than the average of Shiga prefecture.
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47 ◯Chair (Takashi Ogawa) Member of Tozaki.
48 ◯Members (Katsuji Tozaki) Currently, the situation may change in the future, so I would like to consider it as a future decision.
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49 ◯Is there any other question?
(There is a person called "None")
50 ◯If the chairman (Takashi Ogawa) is not, the Q&A will be 。d.
We will discuss the proposal No. 45.
Are there any discussions?
Member of Ues。
51 ◯Members (Masatoshi Ues。) I will discuss the prosecution against the Proposal No. 45.
There were many questions. I have been thinking about 10 years ago that the delivery system has increased from 4 groups to 5 groups.
As I mentioned earlier, there are only six fire engines in Hikone City. However, if you just need to increase one fire truck, it will be a few million yen. However, if you want to increase the general fire engine, the staff will need about 9 to 10 people, so there was a mileage and a number of years. However, there is a lot in the city.
The ambu is a valuable vehicle that protects the lives of people, so I would like to thank you for this update.
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52 ◯Is there any other discussions?
(There is a person called "None")
53 ◯If the chairperson (Takashi Ogawa) is not, the discussion will be 。d.
We will the Q&A and the discussion of the proposal.
We will make a decision from now on.
Is it possible to make a decision on the acquisition of the Proposal No. 45 property as determined by the original proposal?
(No objection)
54 ◯Chairperson (Takashi Ogawa) Therefore, the Proposal No. 45 was decided to be accepted as the original.
Take a break.
10:00 a.m. to 8:00 p.m.
10:00 a.m. to 11:00 p.m.
55 ◯Chairperson (Takashi Ogawa) Continue to open the meeting before resting.
Next, we will review the proposal No.13.
Proposal No. 13: Proposal of Ordinances on Support of Litigation, etc. for Duties of Hikone City Staff, etc.
Since the request for the distribution of documents to this proposal has been submitted from the Okuno Committee, the chairperson has allowed this, so we will distribute the materials in advance. Please confirm.
In addition, we will do a question on the proposal No. 13 and amendments, but I would like to ask for cooperation in the smooth proceedings by making new questions other than the matters that have been questioned by the Committee.
Do you have any questions?
Member of Hikita
56 ◯Members (Nahoko Hikita) Thank you.
We will ask the executives.
First of all, please explain the history of the proposal No. 13 to be proposed. We would like to ask you to confirm the background of what issues have been identified, regardless of the rule and that it is necessary to be maintained as an ordinance.
Next, we will ask you about the amendments to this article. While there is a certain common point as an executive unit, there is also a possibility that there is a difference in the way of thinking of the target or system. In this regard, I would like to ask you how to organize amendments as an executive department, and how to capture the relationship with the purpose of this article.
57 ◯Chairperson (Takashi Ogawa) Human Resources Division Director.
58 ◯This is an example of support for human resources manager (Sushi Kitamura) litigation.
The staff worked in good faith based on the instructions. On the other hand, the city parliament had an event of a so-called appeal, and the related staff was indirectly bitter. I had a deep refusal as a workplace. We hope that there will be no such thing in the future, but we decided to protect the staff so that the staff can dedicate to their duties with peace of mind.
59 ◯Chairman (Takashi Ogawa) Head of HR
60 ◯The HR Manager (Eki Nojima) I would like to say a little bit about the execution of the proposal.
I would like to express my utmost concern in terms of system design.
The first point is the scope of litigation, etc.
In the original proposal proposed here, if the staff receives a litigation, a complaint or a complaint due to the act of the duties, we are subject to support without limiting the opponent. This is due to the idea that the mental burden and economic burden received by the staff are not fundamentally different depending on whether it is a city council member or citizen or business operator. On the other hand, the amendment was proposed by the General Affairs and Fire Service Commission on June 12, and the scope of the amendment was not too wide, and the amendment was made to consider the power balance of the members of the City Council and the staff. This "city councilors, etc." is defined as a member of the Hikone City Council and a person who admits it, but it is concerned that the part that the person who admits it is not known to point to the person who is the same is, and the operation arrangement is not necessary.
Next, it is the second point, but it is about the rule.
In Article 5 of the draft amendment, the necessary matters are set forth in the Rules regarding the enforcement of this Ordinance. In Article 1 and Article 3 of the amendment, the 訴訟ution Department shall be stipulated as "If there is a litigation from the City Council Member, etc.", so we understand that the support subject in the ordinance shall be litigation from the City Council Member, etc. For this reason, if this amendment is decided, it is necessary to prepare a rule based on the Ordinance of the amendment, but since the rule cannot exceed the scope of the delegation of the amendment, it is believed that even the rules based on the amendment will establish a support system limited to laws。s etc. from the City Council. On the other hand, the current rule is also supported by laws s, prosecutions or発s from citizens, business operators and other third parties. For this reason, the executive department has a concern about the purpose of the amendment and the relationship with the present regulation.
It is the third point at the end, but it is about the provision that the name of the city council member etc. who made a litigation can be publicized.
In the amendment, when it is necessary, it is assumed that it is possible to announce the name and other necessary information of the City Council Member who made a litigation, etc. after the consent of such staff. We believe that it is important to restore the honor of the staff, but on the other hand, litigation proposals, appeals and confessions may be exercised in law. In order to do so, it is necessary to establish a system that can publicize the name, etc. in the case of laws。s etc. by the City Councilors, etc., that the accuracy and judgment standards of the publication are clear, and it is not necessary to carefully consider it. In addition, depending on the content and method of publication, it may be possible to infringe on defamation and privacy, and may result in new disputes and legal risks. In addition, we are concerned that setting up the name publicization system of the other party beyond the purpose of protection of staff, and it is a factor that creates a new conflict between the 局 Bureau and the Parliament. We think that it is necessary to organize the judgment criteria and the way of proceedings to public announcement.
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61 Chairman (Takashi Ogawa)
62 ◯Thank you very much.
From the chief of the department, I asked the details about the history of the proposal No.13. I understand the background. In addition, I also found that the executives are concerned about how they can receive a revision, the difficulty of the article, and how it is good.
Anyway, I think that this ordinance is intended to be able to be devoted to work with peace of mind. Thank you very much.
63 ◯Is there any other question?
Member of Okuno
64 ◯Members (Kami Okuno) I had almost any doubts by members of Hikita, so I have about one question, but before that, I would like to read the opinions of the attorneys who have been assigned earlier, and to question only one question.
65 ◯Chairperson (Takashi Ogawa) Please.
Member of Okuno
66 ◯Thank you for the members.
As for this revision, we are a law firm, but I felt that there were some problems in terms of that. I have received a lot of opinions in the previous council, etc., but in the question remains, I got the opinion of the lawyer, so after reading it, I will doubt only one question.
Chairman You have requested a legal opinion on the support of the litigation related to the acts of Hikone City officials, etc., which is currently considered by Hikone City Council, or the provisions of support for staff, etc., by Hikone City Council members, etc., (collectively, the draft of this case).
1. Legal facts
In recent years, the number of employees of ordinary local governments is increasing, such as customer harassment, and there are few common local public organizations that have implemented kashara measures. In addition, as a harassment, litigation proposals and appeals to staff may be made. Accordingly, the reason of the litigation is not neglected by a local public entity to consider measures to protect the confessed staff.
In addition, measures to protect employees should be made by the way the chief of the local government establishes the rule, but if it is。d by a public団体enditure, it is necessary to enact regulations. In Hikone City, there seems to be a rule on support for litigation, etc. related to the duties of Hikone City officials, and the subsidy of attorney fees (43 No. 43, May 9, 2019). However, if you support attorney fees, you will be意義d by a public。enditure.
2. Basic problems.
1. Past cases.
A court is not uncommon to be judged as illegal to spend a lawyer’s弁護士enditure in the case of a civil litigation or a complaint or a complaint in connection with the duties by the staff of the ordinary local government. In many cases, the court is considered illegal.
We will introduce two specific cases.
1st, April 24, 1959 AIn the event that the village manager nominated a specific waste processor, the processing company raised a claim for damages as a defendant. Mr. Murakami spended his attorney’s村 (including village lawyer’s村。) from A village. AThe residents of the village raised a resident litigation as this is a illegal public訴訟enditure, determining that it is illegal in a trial, two-way, and the Supreme Court, and ordered the chief of the village.
The second case, the Supreme Court decision on March 23, 1990. The condominium company did not follow the guidance guidelines of Musashino City. When the took care of the water supply contract, the complained by the , and the was prosecuted in violation of the water law. In the case where paid the legal fee of 1.5 million yen from public money, the resident laws was caused as it is illegal. One trial, two trial, and the Supreme Court judged to be illegal and ordered to return to the Guest.
This is the best case.
2. Problems
These違法enditures were considered illegal because the団体enditure of the団体enditure of the ordinary local governments was not solved in the “Exp、s needed to handle the団体 of the団体 of the ordinary local governments” in Article 232. Even if an individual is sued as an individual, it is not necessary to handle the administrative work of the local government. It is the same as the case of a complaint or a complaint, even if it is a criminal responsibility as an individual.
3, Ordinance problems.
Examples of the above-mentioned Supreme Court cases were not based on裁判end、res. Will the enditure be legal if there is an ordinance based on the enditure? Although it is the theory in Shaka, if it is determined by the ordinance that is prohibited by law, the ordinance itself becomes invalid. We will not enact any illegal ordinances.
It points out that it should be considered.
1. The legal assistance of attorney costs does not apply to the expenses necessary for processing the administrative work of the local public entity, and this only applies to the地方 or assistance required for the public interest of Article 232 and 2 of the Local Autonomous Law.
2、It is not clear that the assistance of attorney fees to staff is public and necessary. Indeed, if you are an appeal to harassment, a complaint or a complaint, it is a common interest to develop an environment that can encourage your duties without unnecessary burden to the staff. However, there will be phrases for those who have been civil litigation, those who have been prosecuted or confessed, and it is usually different from the word of the staff, and neither can be judged easily. Assisting attorneys’ costs is a city that should be objectively positioned by citizens and city officials’ disputes, and the city itself cannot be affected by disputes.
Thirdly, in order to provide assistance for attorney costs, it is necessary to certify that the trouble is caused by 1) executing duties, 2) that there is no inconsistency to the staff’s duties (“deliberately, there will be no negligence”), but the certification must ensure objectivity and be done carefully as follows:
(1) It seems that the risk of determining whether the aid is allowed when the result of civil litigation, appeal, or confession is not found. It is sure to compensate for the lawyer’s expenses paid by the staff after legally determining that there is no employee in the result of civil and criminal legal proceedings.
(2) The decision of the aid should be not entrusted to the outside director, but a procedure that the chief deter。 based on the opinion of the committee.
4、Proposal Issues of Ordinances on the support of staff, etc. for litigation by the Councilors of Hikone City.
The above ordinances have a unique problem as follows:
1. Regarding the reasonableness that the subject of support is limited to laws。s, etc. by municipal councilors.
(1) If the staff is prosecuted, prosecuted, or confessed in connection with the duties, the purpose of use may be a City Council Member, or may be a contractor or a general citizen. In that case, it is necessary to make an ordinance that is intended only for the case of a City Council Member, but it is not possible to assume the reasonable reason.
(2) In addition, the staff who has been prosecuted, prosecuted, and confessed by the City Council Member shall assist attorney’s fees, but if they do not support public citizens or employees who have been prosecuted, prosecuted, or confessed, the issue of violations of Article 14 of the Const。tion (equivalent under the law) and Article 13.
2. The concept of the article is uncertain.
The contents of the article are ambiguous as follows. If the law requires clarity and is too ambiguous, you may be considered to be invalid for the reason. Even if it is not disabled, it should be clarified as much as possible, and it is not appropriate if the width of the claim is too large.
(1) The “obligation of employees” is included in the “emp。ees” section.
(2) “What is permitted by the Guest” is included in the “City Council Members” etc.
(3) “Acts that may affect the performance of employees’ duties” are included in “litigation, etc.” Very abstract.
(4) "Other necessary support" is included in the "Support Measures conducted by the Guest".
3、Regarding the purpose of publication of Article 4.
This article is considered to be invalid in violation of laws.
(1) The fact that prosecuted and prosecuted is sensitive personal information. Publication of this information will result in publicity infringement of privacy. Other, prosecution, prosecution, and prosecution are the rights of citizens. In particular, the prosecution is the exercise of the right to receive a const court. By publicity, contrary to the fact that it is public will produce atrophy to exercise rights.
(2) The Act on the Protection of Personal Information is forbidden use and third parties without the consent of the individual. This article violates the law.
(3) This publication is generally accepted as a report on the appeal, appeal, and confession of employees, so the government violates the neutrality and fairness that should be maintained.
(4)職員uding and confessing staff is a form of administrative monitoring and prevents the expressive act of protests. Accordingly, the name of the complaint and the complaint may be publicly announced, which has the effect of self-suffling the complaint and the act of atrophy of administrative criticism, contrary to the spirit of Article 21 of the Const tion. Article 21 of the Const tion is the freedom of expression as the basis of democracy.
(5) Publication of confessions and confessions cannot infringe the secrets of investigations.
(6) The information that the complaint was dis。ed, but the complaint was dis。ed, is an unfamiliar information for the complaint, the complaint, the complaint, and the complaint, so it is defamatory to announce it without your consent.
4. There are no procedures.
There is no procedure provision in this case. the subsidy of attorney’s is done by job right, whether it is possible to assist after reviewing the appropriateness in the case of the request of the staff, or even if the detailed is set forth in the rule, the major framework of the procedure should be set forth in Ordinance. In addition, the contents of support measures are too ambiguous. In case of subsidy of attorney fees, the specific amount should be bound by the even if the determines the upper limit.
5、About the limited provisions of support staff.
In Article 1, the staff who receive support is limited to "the staff who have worked in good faith as a servicer of the entire citizen based on the instructions of the person who has been ordered from the outside director or the outside director," but this is invalid. In this case, it will be possible only to receive support from the staff during the execution of duties based on the instructions of the person who has been ordered from the outside. It is clear that it is necessary to support even staff who are carrying out public duties without specific instructions from outside directors. If such a distinction is made among the employees, it cannot be a violation of Article 14 of the Const tion.
5, Con。.
This ordinance is highly problematic and requires careful handling. City Councils should not make invalid ordinances. Even if you spend public money based on invalid ordinances, you will lose it easily if you have a resident litigation. It seems to be a problem related to the honor of Hikone City Council.
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I finished reading.
I would like to ask you for any questions.
On the other day of the committee, there was a saying that the proposal and committee members made a legal check. If you have any questions, please contact us.
67 Chairman (Takashi Ogawa) Member of Tozaki.
68 ◯Members (Katsuji Tozaki) There was a question that Mr. Okuno received a legal check, but I did not say that I received a legal check.
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69 ◯Chairperson (Takashi Ogawa)
70 ◯Members (Kami Okuno) I remember that there was a statement of that effect at the end of the previous committee, but I would like to confirm the record again later.
71 ◯Chairperson (Takashi Ogawa) Is there any other question?
(There is a person called "None")
72 ◯Chairman (Takashi Ogawa) If there is no doubt, the Q&A will be 。d.
(Representative)
73 ◯Chairperson (Takashi Ogawa) We are proceeding according to the rules of the parliament.
I've been asking for a question now, but I've come across a question. We will discuss the following. It is a situation that people are looking for the discussion.
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(Representative)
74 Chair (Takashi Ogawa)
Member of Kitagawa
75 ◯Members (Kenki Kitagawa) I have no doubts or questions, but I have said that this amendment should not be made if it is illegal. Without touching it, it will be a discussion and a decision.
76 ◯I would like to express it to the Kitagawa Committee. Now, from the members of Okuno, this opinion was written by lawyers, but there was a question about whether the legal check was done, and there was no answer about it. I asked the members of the committee for any other question. For example, this opinion is now referred to by the member of Okuno, and if there is a question about this, I would like to be a member of Okuno. I consulted with everyone, but I did not have any question about it, so I was able to proceed next.
(Representative)
委員長 ◯Chairperson (Takashi Ogawa) I will hear again. Is there any question with the Kitagawa Committee members?
Member of Kitagawa
78 ◯Members (Kitagawa Genki) I'm listening because they are not questionable. Even though the problem was raised, it is a problem that you will not be able to do this, and you will not be able to do it. This is a common thing.
79 ◯Chairperson (Takashi Ogawa) If you talk again from the chairperson, the question of the question may be said from any member. Please confirm that there is no question. Do you have any questions about the members of the Okuno Committee, who have said to the present opinion?
Member of Kitagawa
80 ◯There is no doubt about the members of Okuno. I am looking for questions about how to proceed with this committee. I'm saying again once, but I'm saying that I've raised a problem like this. Isn’t there any proposal for this problem?
81 ◯The chairperson (Takashi Ogawa) The chairperson and the members of the committee will talk again, and the opinions from the committee members of Okuno. I thought that I should be free to ask questions about the question, and I talked from the member of the Kitagawa Committee earlier. If there is a question for the opinion, I think that it is enough, so I asked everyone about the question, but there was no doubt. So, I would like to follow the rules of the parliament to discuss, vote, and how to proceed.
(There is a person called “Let’s do something even with discussions between members”)
82 ◯Chairperson (Takashi Ogawa) Is the proposal for discussion between members? What do you do?
(There are people who call “I don’t know what to do.”)
83 ◯Chairperson (Takashi Ogawa) Can you ask for a message if you are allowed to speak from the chairperson, not a winning speech?
Member of Kitagawa
委員 ◯Let's discuss between members.
85 ◯The chairperson (Takashi Ogawa) asks for the opinions of other members, how about it?
Member of Nagasaki
86 ◯Members (Na Nintendo) This problem of Okuno member is a constant story in the previous episode of the committee and the committee, so I think it is better to continue this.
87 ◯Chairperson (Takashi Ogawa), then Member of Ues .
88 ◯Members (Masatoshi Ues。) I am also a member of the Nagasaki Committee and now, as I have said, now, the members of Okuno have been told based on the opinions of lawyers on the public administration society, so I think that I can not say how to do it.
89 ◯Chair (Takashi Ogawa) Member of Hikita.
90 ◯Members (Nahoko Hikita) I have heard of you that you are prudent, right now, as the Kitagawa Committee said. Anyway, I think that it is said that I will be returned as it is this ordinance. So, now, I have a public opinion as a regular committee, so I think that I will do a little more discussion.
91 ◯Chairperson (Takashi Ogawa)
92 ◯Member (Kami Okuno) I saw this amendment on the side of the opinion book of this lawyer, and I felt that it was really a little bit. In the past, we are not humans of the societies, so honestly, we do not know that it will be a fine part of the law. So, I understand that I had a speech before I received a legal check.
93 ◯Chairman (Takashi Ogawa) I am sorry, I will confirm to the Okuno Committee. Now, can you ask each member to answer the question of whether to discuss with the members?
Member of Okuno
94 ◯Member(Kami Okuno) I do not need it. If you have a legal check, and you have an opinion of a legalist, here is a lawyer, and here is a legalist, so we can read it and understand it, but it is not, so we only have an opinion.
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95 ◯Member of Nagasaki
96 ◯Members (Na。 Nintendo) The members of Tozaki are my recognition, but I was told that I did a legal check, but I didn’t say that. I don’t have a legal check, but I don’t think that way. I know that.
97 ◯The chairperson (Takashi Ogawa), followed by the need for discussion between members.
Member of Tsuji
98 ◯Members (Mariko Tsuji) Now, as the member of Okuno said, I made a legal check to ask a lawyer from the public council, so I do not know that another lawyer may have a different opinion, so I think that it is strange to go to the採, so I should not take it back and consider it, or say it is not, I should not put it in this doll.
99 ◯Chairperson (Takashi Ogawa) The opinions from the members of Okuno have been discussed so far. To do so, it is necessary to take a discussion between the members by a little deep dive. When I hear the talks of each member, I think that there is a discussion among the previous councils and committees, and the opinion that it is not necessary anymore, and the discussion between the members should be done, I think that there was such an opinion.
Member of Tsuji
100 ◯Member (Mariko Tsuji) It is not convinced that it should be discussed between the members, and since there was no reaction to it, it will be passed. For the first time today, I heard the contents of this story and the detail, but this is a professional opinion as a legalist, so we think that it is not a comparable position where we can counteract or question this now. This is one opinion. So, I think there is another way of thinking, so I don’t understand that this will be recognized in our level of discussions that have been done for a long time so we can’t discuss with our members right now, so we should continue to deliberate and dig deeper into this.
101 ◯The chairperson (Takashi Ogawa) I will confirm again, but I will ask you how to discuss this proposal.
Member of Tsuji
102 ◯Member(Mariko Tsuji) It is impossible. I think it is impossible.
103 ◯Chairperson (Takashi Ogawa) It is such an opinion that discussion between members is not preferred or cannot be done. Thank you very much.
Member of Tozaki
委員 ◯Members (Katsuji Tozaki) Firstly, I will explain about the fact that Mr. Okuno said that I received a legal check.
I say again what I said. "The power balance of the city council members and employees is also considered, and the amendment is made after reviewing. In addition, this amendment also received expert opinions. There is no mistake. I think you can understand if you examine it.
I would like to say the most here is that I have read all the opinions before the discussion between the members, and I accept this opinion as one opinion. Please understand that I have not ignored it, and I have said all the opinions of various people after査 it. So, I need to discuss between members.
105 ◯Chairman (Takashi Ogawa) Thank you.
Now, I have made a confirmation from the chairperson, and I think that there are many opinions that I would not need to discuss between the members, but I will advise you to keep certainty.
I would like to ask someone who is good because there is no need to discuss between members.
(Apprentices)
106 ◯Chairman (Takashi Ogawa) Thank you.
So, I decided not to do this for discussions between members who had proposed earlier.
Since the story has been on the way, do you have any questions about the proposal and the revision?
(There is a person called "None")
107 ◯Chairperson (Takashi Ogawa) If there is no doubt, we will discuss the Proposal No. 13 and the revised draft.
Are there any discussions?
Member of Hikita
108 ◯Members (Nahoko Hikita) I will discuss in the opposite of the proposal No.13.
Although there is a part similar to the Ordinances of the Executive Proposal, I think that the concept of design and the premise as a system is different. The Executive Planning Department is designed as a common rule for the whole, not biased to a specific position, and is designed to focus on unification and fairness. On the other hand, this amendment is considered to be a system design that is strongly aware of a particular scene as a result of the positioning of emphasis in the target and the way of operation.
In addition, this amendment is explained by the committee member Tozaki. I think that it is different from the executive plan and the positioning of the system.
For the above reasons, we cannot agree with this amendment.
109 ◯Is there any other discussions?
Member of Okuno
110 ◯Members (Kami Okuno) We will object to the revision. At the same time, I would like to add a comment to the original proposal No.13.
If you read this revision based on the opinions of well lawyers assigned by the committee, there is a deficiency at all, and it is likely to conflict with the law and the const。tion, and the operation in this state can not be an invalid ordinance when considering the law's subordinates.
Since last year, we have been discussing as a parliament to protect our staff. In order to protect the staff, I think that this lawyer opinion is also referenced, and it is necessary to have a d sentence without gap.
The first point is that it can be covered widely by various cases of litigation. The second point does not conflict with the Supreme Court, Const。tion and Law. I think this is natural. Third point, the amount of public。。enditure, the period of。enditure, the consideration of measures such as the third party committee of支出enditure decision, etc. 4. Deletion of the provisions of the publication of the contents of the proposal, etc. I think that it is necessary to do legal check because it is the 5th point, a parliament proposal ordinance.
Comments on the Proposal No. 13 will be clarified in the rules of the three points, the amount of public enditure, the period of enditure, and the method of支出enditure decision. If you think of the time, you will be troubled when the actual litigation occurs.
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111 ◯Is there any other discussions?
Member of Nagasaki
112 ◯Members (Na Nintendo) I would like to discuss this amendment in favor.
This issue has been discussed for a long time since last year. I have read the opinions of one of the many lawyers, and I have read the opinions of the members of Okuno, and I have explained the proposals from the committee members of the previous committee. I think that the establishment of this ordinance will be rapid even a day, and the discussion will be divided so far, so I will solve this problem and I will not be able to proceed to the next problem.
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113 ◯Is there any other discussion?
Member of Ues。
114 ◯Members (Masatoshi Ues ) I will also be debating praise for this amendment.
As I mentioned earlier, it is a problem that I came out when I was chaired. This time, I have been trying to establish this ordinance in order not to happen twice, because there was an unprecedented incident that the City Council member complains of the Guest and the staff. If you are a member of the Nagasaki Committee, the committee member of Tozaki has not decided this amendment among the members, but we have discussed with a good specialist, and the opinions and opinions of lawyers who have been issued by Okuno committee members, I think this am a good idea.
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115 ◯Chairman (Takashi Ogawa) Thank you.
Is there any other discussion?
Member of Kitagawa
116 ◯Members (Kenki Kitagawa) I will discuss in the position of appraising on the revisions, but I am now the most disappointed in the form of an attorney's opinion. It is the impression that the problem proposal is written very firmly, but I do not know well if it is a lawyer, so I decided to discuss this with a member, or a correction from a member of Tozaki, but I should judge that I listened to the story of the contents of it, and it is a little disappointment to decide the opposite.
However, when I hear the discussion between the members of Nagasaki and the members of Ues , I heard the opinions of the specialists before the amendment. Sorry, this entry is only available in 日本語. It is like a discussion, saying that the expert is okay with this amendment, reads to this opinion well, and then it will be that it is. So, although it’s not clear, I don’t do anything in the discussion, but honestly, there is a problem, but in the case of a fix, the check of a specialist is going through, and even if this ordinance is made, I think that this opinion book that a public government meeting was issued is one of the opinions, so I think it’s better to make a correction.
Then, another important thing, so I say, but this problem is not a problem that I solved as the fix was decided. I think that this is the most important thing that we have to check the executive department as a representative of the citizens, because it is a problem that is a violation of safety considerations.
I think that this is a committee for planning and general、 and fire fighting, so I think that it is a committee that is not suitable for the future examination, so I think that it is a chairperson and a regular Vice-Chair, and I received a response from the staff who actually suffered the damage, and it is also a legal check, so I want to make a place to discuss firmly.
The content of the discussion was disappointed, but it was a debate in the favor of the fact that the amendment was firmly checked by a specialist as the member of Tozaki.
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117 ◯Is there any other discussions?
(There is a person called "None")
118 ◯If the chairperson (Takashi Ogawa) is not, the discussion will be 。d.
We will Q&A and discussions on the proposal.
We will make a decision from now on.
First of all, we will ask you about the revision. We are looking for people who support us.
)
119 ◯Chairperson (Takashi Ogawa)
is a lot of standing. Therefore, the amendment to the drafts of the drafts concerning the support of litigation, etc. related to the acts of the Proposal No. 13 Hikone City staff, etc., should be determined.
Next, we will decide the original proposal except the part that we have fixed.
Thank you for your understanding.
The proposal No. 13 Hikone City staff, etc., will ask for the draft of the appraisal of other parts, 。ing the modification of the draft of the draft of the draft of the draft.
)
120 ◯Chairperson (Takashi Ogawa)
It is all standing. Therefore, we decided to decide the other part except the correction part of the draft of the draft on support for litigation, etc. related to the duties of the Proposal No. 13 Hikone City staff.
In the above, the decision etc. submitted to the Committee has been finalized.
In addition, I would like to ask the chairperson for the draft of the chairperson's report, etc., but is there any objection to this?
(No objection)
121 ◯The chairperson (Takashi Ogawa) acknowledges that there is no objection.
We will close the Planning and General Affairs Fire Service Commission. I was tired.
11:02 amDispersion
Hikone City