There is a notification to the prosecutor's office after the control of the Poznań magistrate at the "Poznań Track". Findings point to millions of damage to the city's assets
The CBA Regional Office in Poznań has completed the control of selected procedures for making and implementing decisions related to the municipal office in Poznań of disposing of the municipal property in the form of the "Poznań Track" property in 2010-2017. This property is used by the Wielkopolska Automobile Club Association.
The CBA agents have determined that there are grounds for submitting a notification of justified suspicion of committing a crime of abuse / violation of powers (art. 223§2 of the Criminal Code) by, among others, current and former directors of the department dealing with real estate management of the City of Poznań, current and former Deputy Mayor of the City of Poznań, who supervised this department and director of the department dealing with the city's finances.
The documents gathered in the course of control show that the Poznań City Hall while obtaining legal title at the same time obtained the legal possibility to charge Wielkopolska Automobile Club for using the "Track" for years. These activities were ceased, which resulted in the limitation of claims in 2017. The amount of potential damage on this account is not less than 7.2 million zł.
It is worth noting that the CBA Regional Office in Poznań, after the commencement of the control, informed the Poznań City Hall in writing that it is necessary to take immediate action to stop the limitation period of these claims. Despite this, the officials did not take the recommended measures to secure the interest of the City of Poznań.
The subject of the lease agreement and payment is the area of 56 hectares of track, and the CBA findings indicate that the Wielkopolska Automobile Club has free access to the entire complex of the "Poznań Track" - nearly 85 ha. The overtenants have the same unrestricted access and pay lease to the Automobile Club itself.
As the CBA controllers from Poznań, who investigated the case, noticed - for example, for one week's party, the association receives more than it pays to the city coffers for a year of the lease.
The whole "several dozen-hectare" property "Poznań Track" has been rented to the Automobile Club in a non-tender mode. According to the CBA agents, the City of Poznań did not have a legal basis for this, because the Wielkopolska Automobile Club uses the "Poznań Track" for purposes related to gainful activity. The findings of the CBA also indicate that the Poznań City Hall, unjustifiably gave a 65% discount in rent in the period December 2016 - June 2018 for over 620,000 zł.
Other CBA findings from control, also indicate that the Wielkopolska Automobile Club Association itself in its tax declarations unjustifiably declared part of the "Poznań Track" area for tax exemption. The Association referred to the law on local taxes and charges (art. 7 paragraph 1 point 5 and 10). Tax receivables for the period 2010-2012 were subject to a statute of limitations, and damage in the amount of approx. 1.4 million zł was caused in the property of the City of Poznań.
The control report was transferred to the inspected office, and a relevant notification was sent to the Regional Prosecutor's Office in Poznań.
