The Local Government Act states that the severance pay of county and municipal politicians shall not extend beyond the normal notice period for permanent employees. – It takes three months, says law professor Hans Fredrik Marthinussen at the University of Bergen. Law professor, Hans Fredrik Marthinussen, is clear about what the Municipal Act says about severance pay for politicians. Photo: Paul André Sommerfeldt Nevertheless, there are some municipalities that have regulations that give politicians the opportunity to apply for a full six months of severance pay. – It is illegal, says Marthinussen. news has mapped the regulations for all the municipalities in the country. Of 356 municipalities, nine give politicians the opportunity to apply for severance pay for more than three months. Municipalities with severance pay schemes that are not in line with the Municipal Act Troms and Finnmark Alta: Up to six months. Kautokeino: Up to four months. Trøndelag Namsos: Up to six months. Møre and Romsdal Sunndal: Up to six months. Molde: Up to five months. Ørsta: Up to six months. Inland Vestre Toten: Up to six months Islands: Three months severance pay can be extended Akershus Nesodden: six months* * The last three months at 60 per cent salary. – The regulations we have Former mayor of Kautokeino, Hans Isak Olsen (Kautokeino Permanent Residents List), resigned after this year’s election, and has secured severance pay for four months. – That is the regulation we have in the municipality, and that is what my predecessors have had. – Why should politicians in Kautokeino have better arrangements than others? – I don’t know what other people have, but that’s how it is here, he says. Kautokeino municipality is one of several municipalities that give politicians the opportunity to receive severance pay for more than three months. Photo: Jørn Østby / news Sapmi Etterløna is a safety net to ensure that politicians are not left without income when they retire. In most municipalities, politicians can receive up to three months’ severance pay if they do not have a job to return to. This means that they can get around NOK 300,000 from the municipal treasury. In municipalities that have longer schemes, the support can be increased to around NOK 600,000. Municipalities Act § 8-6. Remuneration Elected representatives who hold office as their main occupation can apply for remuneration when they resign from office. The municipal council or the county council must itself issue regulations on the length of such supplementary compensation, but not beyond the normal notice period for permanent employees in the municipality or county council. The right to reimbursement must be reduced kroner for kroner against other income. The same applies to ordinary income that the elected representative voluntarily waives. Pension income according to Chapter 19 and Chapter 20 of the National Insurance Act shall not be considered as income according to the second paragraph. Source: Law data – Not in step with the municipal law Marthinussen is clear about what he thinks about the municipalities that give politicians the opportunity to receive more than three months’ severance pay. – I would really like to say that the entire provision is invalid, says Marthinussen. The Ministry of Local Government and District Affairs will be reticent to comment on individual cases, but will provide a written statement to news by e-mail: “On a general basis, the ministry’s assessment is that it would not be in line with Section 8-6 of the Local Government Act to provide supplementary compensation in more than what is the normal notice period, that is three months.” Former mayor of Molde, Torgeir Dahl, and current mayor Trygve Grydeland. Photo: Roar Strøm / news Thinks there are exceptions Torgeir Dahl, former mayor of Molde municipality, could also have applied for severance pay that extends beyond the normal notice period. Because in Molde municipality, mayors who have been in office for two terms or more can apply for five months of severance pay. Dahl says he will not apply for severance pay. But he himself believes that the regulations of Molde municipality are correct because the notice period changes when, among other things, you have a long seniority. – That is why there are mayors who have served for more than two terms who have the opportunity to receive severance pay for up to five months, he says, and points out that the Working Environment Act has different rules when you have worked somewhere for a long time and are over a certain age. Torgeir Dahl was mayor of Molde for three terms, but has chosen not to apply for severance pay. Photo: Roar Strøm / news – Three months is the outer frame Law professor Marthinussen points out, however, that the Municipal Act does not say anything about special rules or special cases. – Regardless of the individual’s seniority, three months is the outer framework, says Marthinussen. Hans Fredrik Marthinussen believes that the Municipal Act is so clear that there is no room for doubt. Photo: news Hordaland / news Hordaland The current mayor of Molde, Trygve Grydeland (H), is clear that they must change the regulations if it turns out that they do not comply with the regulations. – If we have a regulation that goes beyond what we actually have to deal with, then we have to make a change to it, says the Molde mayor. Mayor of Molde, Trygve Grydeland. Photo: Roar Strøm / news Started work earlier In Oslo, there was an uproar over Raymond Johansen’s severance pay. The day before he resigned as city council leader, he said that he would start a new job exactly three months after his resignation. After the uproar, Johansen asked to start earlier in the new job and the severance pay will thus be reduced. Relates to the regulations The former mayor of Kautokeino, Hans Isak Olsen, is not worried when he hears that law professor Marthinussen believes that the severance pay he has been granted is illegal. – I have no idea about that. I relate to it as the practice of the municipality here, says Olsen. – So you think this is going just fine? – For my part, it’s going well. I have been granted it. But he admits that he was not aware of what the Municipal Act says on this point. – Probably no one else has been aware either, since the practice is like this. Mayor of Kautokeino Anders Samuelsen Buljo. Photo: news The current mayor of Kautokeino, Anders Samuelsen Buljo (Kautokeino Flyttsameliste), says that he also adheres to the regulations the municipal council has adopted. – But would you consider doing something with it now? – We have to investigate that further, he says.
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The regulations of several of Norway’s municipalities on severance pay violate the municipal law – news Møre og Romsdal – Local news, TV and radio
