Administrative Court clarifies employee eligibility for welfare region board in Hämeenlinna

The Administrative Court of Hämeenlinna has clarified the eligibility of employees within the welfare region to serve on the regional board. The court ruled that these employees, working directly under the oversight of the regional administration, are not eligible for election to the board.

In May 2023, the Kanta-Häme Regional Council decided that Erja Hirviniemi, a member of the leftist party, would lose her alternate membership in the regional board after transitioning to a nursing position at the Riihimäki substance abuse and mental health unit. This decision was based on a provision in the welfare region law, which states that individuals acting under the regional board’s jurisdiction cannot be board members.

Hirviniemi appealed the council’s decision, arguing that it stemmed from a misinterpretation of the law, claiming that her role did not operate directly under the board’s authority but rather in an independent unit.

However, last Friday, the Administrative Court dismissed her appeal. The court maintained that Hirviniemi is not eligible for the regional board as she serves within an organization that falls under its control. Furthermore, the court emphasized that all staff in the welfare region work under the regional board and are not part of other governing bodies.

In response to this landmark ruling, Jussi Savola, the head of corporate and support services for Oma Häme, expressed its significance. He noted that the matter has arisen in various welfare regions and predicted that this would not be the final resolution on the topic. Savola hopes for a precedent to be set by the Supreme Administrative Court to ensure consistency across different welfare regions. He also mentioned instances where individuals had to change jobs to retain their positions on the board, highlighting the complexities of the situation. There is an option to request permission to appeal the Administrative Court’s decision to the Supreme Administrative Court.