Complaint with the Prosecutor v. Mayor Oria prevent the secretary-comptroller take his office

General Oria

The Municipal Socialist Group Oria has filed a complaint with the Prosecutor against the mayor of the City (PP), Marcos Reche, to deny and stop taking office as secretary-comptroller of the Consistory, María Jesús Sánchez Sáez. The complaint asserts, first, the day 9 May last year, a resolution of the General Directorate of Local Administration issued, through which he named María Jesús Sánchez Sáez to perform functions pertaining to the aforementioned position in the city of Oria, provisionally.

Then, specifically, day 30 May 2013, Sánchez Sáez accompanied by a notary appeared in the Consistory, in order to proceed with the takeover of charge (according to the said appointment). It should be noted that, previously, sent a notice to the local authority by fax bureaucratic, and under possessory term contemplated in Article 23 DR 1732/94 on provision of seats reserved for officials. In this situation, the mayor of Oria and prevents denies takeover by the secretary-comptroller, to do so signing a resolution that meets the following: "The mayor can not access, as of the date, As requested by the respondent, D ª María Jesús Sánchez Sáez ... ". The resolution, also, lists other reasons such as the position was already covered by an official of the Consistory; the "Municipal Finance can not afford in any way the payment of additional compensation to accrue the new Secretary-Auditor, that the Mayor intends to bring administrative proceedings against that decision, alluding to a plenary session held, the 17 May 2013, which resolved on this matter ", inter alia.

Later (26 June 2013), the delegate of the Government of the Andalusian issued a formal notice to the Mayor of Oria, order to cease this attitude and applying the method of the "cancellation of the agreement" adopted by the Session. A su juicio, the appointment of the secretary-comptroller is a fully valid and enforceable measure. For this reason is given within one month Reche Marcos to perform this action. Similarly, the government delegate warns the mayor-in that request- that "economic and treasury allegations made by him, can not be accepted as cause for rejection to the appointment of the official, whenever, that post must contain details on the establishment of the corporation and budgets, since it is a necessary and required post covering ". After the deadline (about a month), María Jesús Sánchez-Sáez still without news of Mayor- sending mail again requesting it to be belonging to the inauguration of the office. This request must be in view of both job losses and personal suffering that came with this delay affects; notice of that ignored the mayor of Oria.

Also, Secretary-intervener put the above facts to the notice of the College of Secretaries, Comptrollers and Treasurers of Local Administration in Almería. This institution referred the bureau-fax warning to mayor, equally, of the crime. For his part, Reche Marcos also ignored this communication, so you can not claim in any way criminal ignorance or ignorance scope of their actions, because he was warned of the same. After the time allowed and the refusal of the defendant to restore legality, in date 8 August 2013 was requested, by the delegate of the Government, a report to the Head of the provincial legal Legal Service, on the origin of prosecute for such acts. The report explicitly anti legal nature of the action of the defendant to refuse to give possession to having legal title to develop legitimate public functions Secretariat-Comptroller Local Government in Oria, and the irrelevance of the reasons given by the denounced.

The complaint filed by the Municipal Socialist Group Oria to the prosecutor says: "Recounted the above behavior may be constitutive, a breach of trust punishable under Article 404 Penal Code, punishes as author DICHA figure delictiva aquella Authority to public officials that, Knowing your injustice, may render an arbitrary decision in an administrative matter. And you will be punished with the penalty of disqualification from public office for a period of seven to ten years ". This action, in this case, would have consisted of the issuance of the resolution that prevents access of citizens to public service. In the same vein, noted that the allegations could constitute a crime of Embezzlement defined and punished in Article 432 Penal Code. In this case, such action would be to allow Dominic Carrillo Careño, Secretary-Comptroller accidental (no owner) You can appropriate the amounts budgeted for the payment of the payroll of the Secretary-Comptroller holder, María Jesús Sánchez, who has not received the fees are rightfully, by the office which has a legitimate appointment.

Therefore, the Municipal Socialist Group Oria has filed a complaint with the Prosecutor against the mayor of the City (PP), Marcos Reche, to deny and stop taking office as secretary-comptroller of the City's municipal.