A plot in Modi'in-Ilit • AGO: We won; Degel insists: We won

Sherry Roth
May 16, 2014   
The court of the Grand Master Kessler decided: There will be a hearing in the financial lawsuit filed by Tuvia Freind against Mordechai Goldberg • Freind's associates: "His victory" • Senior member of the Flag: "We won - the court ruled that Goldberg's appointment was valid""
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The battle for deputies in Modiin Elite: It's not every day that a decision is made in court that both parties declare they are satisfied with. But this morning (Friday) it happened in the city of Modi'in Illit: the court of the Rabbi of the city, Rabbi Kessler, decided to accept the position of Tuvia Freind, representative of the Agoyi in the city council, allowing the hearing of the financial claim he filed against Mordechai Goldberg, representative of Degel Hatorah in the municipality, regarding the question of the financial damage caused to Freind - following the battle for the position of deputy mayor with a salary. The court's decision was signed by the judges of the panel, Rabbi Shmuel Nadel, Rabbi Israel of Ramrush and Rabbi Eliezer Diner.

As we recall, Degel Hatorah strongly opposed the actual holding of the hearing in this lawsuit, claiming that the decision to appoint Mordechai Goldberg as a paid deputy was based on the order of the Grand Rabbinate Steinman - and therefore this lawsuit should not be heard at all, according to them. In a letter that MK Moshe Gafni sent to the court before the hearing, he claimed that the hearing should not be held and that he did not intend to appear. The judges did not accept the demand, and Gafni appeared before the court for a preliminary hearing, during which he severely attacked the mayor, Yaakov Guterman. Now, as mentioned, the court has decided that the parties will appear for a hearing in the financial lawsuit between them, immediately upon approval of the paid position by the Ministry of the Interior.

Tuvia Freind's associates claim that from his perspective this is a victory, since although the court did not decide that he was right in his financial claim, the very fact that the court did not disqualify itself from hearing it is a victory. At the hearing, Freind claimed that he suffered financial damage due to the fact that he was required to resign half a year before the local elections from his position as a senior advisor to the mayor, because he was promised the position of paid deputy by the mayor, Yaakov Guterman. "For him, Guterman is also the representative of 'Degel Hatorah' in the city. It is not in his interest to take into account the fact that Guterman will later clash with senior officials in Degel Hatorah, perhaps also with senior officials in Zon Ish 5.".

However, a senior member of Degel Hatorah explains the results of the debate in a completely different way. From his perspective, this is a victory for the party:

  1. The court ruled unequivocally that Goldberg's appointment as deputy was valid, and that Guterman had an obligation to implement it immediately, including retroactive payment.
  2. The court did not rule on the monetary claim between Goldberg and Friend, only stating that it would be prepared to hear it if and when a new claim was filed, and that it would hear it only after Goldberg was appointed to his position.
  3. The court confirmed what MK Moshe Gafni claimed before it, according to which this is a political story, and that the question of the deputy is within the authority of the great rabbis and rabbis of Israel, headed by the Grail Steinman - who determined that Goldberg is the paid deputy.
  4. The court added that the fact that the appointment had a majority in the council also played into their favor, as Mayor Yaakov Guterman must actually make the appointment.

At the same time, above all the struggle stands the petition submitted by Avi Berger, a representative of the Bnei Torah faction, to the Ministry of the Interior demanding that the position of paid deputy mayor not be approved. Unofficial sources in the city claim that they will be able to "ensure that the Ministry of the Interior handles it severely, in a way that neither you nor I will have it." If this is indeed what happens - and the Ministry of the Interior intervenes and cancels the position of paid deputy mayor, then the lawsuit in court becomes unnecessary. Indeed, the court will not hear the lawsuit until Goldberg is appointed to the position. In such a case, neither side will be entitled to see a shekel from the council's coffers.

And in general, will Friend submit the financial petition to the court at the end of the day? According to his associates, he will.

But it's hard to see how that could happen. After all, this is an unusual tax claim.

החלטה מודיעין עלית


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