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At Mr. Mayor Messrs.
the municipal councilors
Mr. Al
Technical Service Manager of the City of Nocara (CS)
PROTOCOL 1019 to Thursday, November 11, 2010 The undersigned
councilors, members of the council minority group, noted that the City Council on 6/15/2010, by resolution No. 30, authorized the appointment of the Head of Technical a lawyer for the defense of the mayor and city employees as part of the prosecution for having authorized and deposited waste at the former municipal landfill in "Weapons S. Angelo ", without permission.
That the Head of Technical vigorously No 3 of 23.06.2010, has appointed the lawyer office. Francesco Colotta from Orion, with its commitment of expenditure, for the defense of the mayor and city employees Benito Margiotta, Nicola Violante and Domenico Acciardi, nell'istaurando criminal proceedings.
Since the current regulations stipulate that the local authority takes any loss arising from criminal proceedings involving their employees for acts or acts relating to the performance of the service and the performance of official duties, provided that there is no conflict of interest and are not found at fault or negligence.
As in the current law does not exist, however, a specific provision providing for the taking over of the Municipality of legal fees incurred by its directors in criminal proceedings arising from the exercise of its public functions.
who face conflicting guidelines if they are applicable by analogy to the provisions of municipal administrators in support of employees that provide for the obligation of the institution to support the legal costs in proceedings against them.
that the recent line of decisions (Court of Cassation, sez. I, No. 12645 of 05/24/2010) does this analogy because it regarded the situations are not identical to each other, since the directors are not employees of the institution but are elected by citizens, answer, and not to the City, for their actions.
Considering that in this case you can not even rule out the absence of a conflict of interest with the agency, in the abstract apparent whenever the offense has as its object the violation of the duties associated with the institutional purposes of the institution (Court 'Appeal of Milan, sect. I, No 1170, 13.5.2006) and that only in his favor with the full formula is suitable if necessary, to exclude such a conflict of interest (Court of Auditors Abruzzo, No 56, 13.1.2005).
Noting that the professional person in charge, Mr. Colotta, among other things, is the Mayor of Orion, which has formally asked the Municipal Technical Oriolo, author of the determination of assignment of service responsibilities between municipalities Technical Associate Oriolo and Nocara. What
Attorney. Colotta, also has a parental relationship with the Mayor of Nocara and that the Mayor of Nocara should have refrained from taking part in the deliberations No 30 of the council, because they are interested. What
Attorney. Colotta, Mayor of Orion and the employer of public service work, properly should not have accepted the assignment for administrative, professional ethics and full transparency.
We, therefore, wish to invite the Mayor to initiate the necessary steps for the withdrawal of the Municipal Council Resolution No. 30 of 15.6.2010, in the part that provides for the appointment of the lawyer for the defense of the Mayor.
also invite the Head of Technology to want to start the procedure for revocation of its determination No 3 of 23.6.2010, in the part that provides for the appointment of the lawyer for the defense of the Mayor.
They want to recover any amounts already paid and not payable in respect of the professional.
Nocara, 04/11/2010
Group Board of minority
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