Portal de Cartagena
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The Board of Spokesmen City Council presided by Mayor Cartagena, Pilar Barreiro, has learned at a meeting this morning the report commissioned from the Municipal Legal Services on the compatibility not assigned Councilman Juan Luis Martínez Madrid, where at the beginning of term served as spokesman for the municipal socialist-time and maintained its capacity as a director of companies and Doors Famar Inmoalbujón SL SL.
The report points out that the councilman Juan Luis Martínez Madrid may have committed a crime of forgery under Article 390.4 of the Penal Code by failing to declare in the Register of Activities and Interests of the City of Cartagena the existence of a corporation of that is manager, and the failure to declare the exercise of incompatible activities.
The legal opinion requested by local groups, also reveals that the council erred enincompatibilidad not assigned and that this should have been brought to the attention of the Corporation, so that within 10 days of notification of the declaration incompatibility had to choose between waiving the condition of council or the abandonment of the incompatible activity, according to Article 10 of the Rules of organization, functioning and legal status of local bodies.
The report adds that the current situation is different because it lacks dedicated and spokesperson status, so that their private activities, in principle, are not incompatible as deexigencia Councillor does not exempt of responsibility, as set out in Article 60 of the revised existing legislation on Local Government, approved by Royal Decree 781/1986 of April 18, RCL/1986/1238, which includes the obligation to indemnify the local authority by official authorities and any order for fraud or negligence or neglect, to take decisions or perform acts in violation of the laws, and cause damage or injury arising out of those.
In your case the corporation suffers injury being paid fees for full-time to a councilman who was engaged in private paid, which was inconsistent, the report adds legal.
Municipal Legal Services pointed out, moreover, it has not been established that the council has served adscritose no political activity to their private activities so that their role as manager and shareholder of listed companies while being councilor City Council and perform such activity in violation of the laws of inconsistencies in the administration does not result in criminal liability and is illegal from the point of administration.
ABUSE IN THE REQUEST FOR INFORMATION
Spokesmen for the three groups have also requested a report to the municipal legal services to react to the constraints that can be set to repeated requests for documents and reports by the Selectmen, in the opinion of the speakers far exceeds reason for the political control and impedes the municipal work.
The requested report should provide indications to protect municipal interests, protect the jobs of civil servants and municipal preserve information to illegitimate uses.
Source: Ayuntamiento de Cartagena
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