Kernrechtsfrage
Whether a third person has party status in a disciplinary proceeding and may appeal the refusal to open such proceedings.
Extrahierter Entscheid
A third person does not have party rights in the disciplinary proceeding on the facts shown, and therefore lacks standing to challenge the refusal to open the investigation.
Extrahierte Begründung
Section 26 of the Responsibility Act refers to opening proceedings upon a report, but a report does not create party status. Under Section 12 VRG, only a person whose rights or duties are affected is a party. The appellant showed no personal legal interest, and no rule grants councillors special appeal rights in such disciplinary matters.