Sorry for the delay for the publication of these important topics, but I assure you ... who was it worth it.
inform you immediately, that the reading will not be short, but also that it is important to read everything very carefully.
Small premise
There are two distinct positions:
that the Mayor, that "words" and says it will do well
ours, however, with documents in hand and not talk, EVERY TIME we will highlight how damaging and ruthless "doing administrative" to the one who should resign and say "I am wrong, I'm wrong ... and continue to be wrong" but as we've always had to point out, arrogance and conceit prevail over common sense and good faith and there is day after day in front of unscrupulous actions and catastrophic, as well as attempts to escape from an incontrovertible reality.
Below you will find:
1) Our protocol of 11 November 2010 N. 1019
2) The answers Mayor & C. have tried to rip to a reality far different
3) Our reply about the falsehood laid down in those
start.
is what we in the minority we have registered on November 11, 2010 -Prot.N. In 1019
Mr. Mayor Messrs.
the municipal councilors
Mr. Al
Technical Service Manager of the City of Nocara (CS), the undersigned directors
municipal council members of the minority group, noted that the City Council on 15.6.2010, by resolution No. 30, authorized the Head of Technical appointing 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 Margiotta Benito, Violante Nicholas and Domenico Acciardi, nell'istaurando criminal proceedings.
Since the current regulations stipulate that the local authority takes any loss arising from criminal cases involving its employees for acts or acts relating to the performance of the service and the performance of official duties, provided that no conflict of interest and are not found at fault or negligence.
Given that 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 direction of the Court (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 , which satisfy 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 (the Court of Appeal of Milan, sec. I, No 1170, 13.5.2006) and that only in his favor with the full formula is suitable, where appropriate, 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 Technical Associate the towns of Orion 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 the lawyer. Colotta, Mayor of Orion and the employer of public service work, appropriately should not have accepted the commission for professional ethics and maximum administrative 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.
invite also, 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, 11.11.2010
Group Board of minority
_______________________________________
Now, the answers of the Mayor & C.
* The pages of the document that follows are two, but for ease of reading were combined.
Click image for enlarge and read.
HERE NOW OUR REPLY
Prot N.1073 with the November 29, 2010
Mr. Mayor Al
For Messrs. At the municipal councilors
Mr.
Technical Service Manager of the City of Nocara (CS) We see your
of 22.11.2010, ref. N. 1052, just to let you know that you are dealing with idiots and fools who do not even know the meaning of the Italian language.
As you stated in the above answer is totally false and for this information the prosecutor of Castrovillari through Carabinieri Oriolo, to ascertain whether the conduct required of you may find details of criminal responsibility.
hereby reiterate that, by decision of the Board No 30 of 06.15.2010, the Head of Technology was authorized to appoint 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 disposed of in "Ami S. Angel. " Administrative measures, in fact, it does not say anywhere that they have been adopted, for as you said, "to one and only allow access to the files by courts and legal aid for the remediation of the polluted site and the safety of emergency to prevent a threat to health or the environment then the protection of interests collective. " In the preamble of that act of deliberation, and in determining the service manager and in charge of regulating the professional appointed, in fact, becomes more specific reference "to appoint an attorney for legal defense of the mayor and city employees and Benito Margiotta Nicola Violante Domenico Acciardi and LSU, "and not the protection of health and collective interests. If you really wanted
protect human health and the collective interests were not going to deposit the waste in an illegal dump, abandoned many years ago, and then reclaim!
reiterate, moreover, that the Mayor should have refrained from taking part in the deliberations, because when a personal interest and not be taken as a relative of the lawyer colleague Mayor of Oriolo, because with the above provision has not been resolved to its Note that in our appointment and has not been said and asked for this. From the response we received we understand, however, that the Board was to instruct the Head of the name of the Advocate Colotta, otherwise you would not have said that the Mayor was not required to abstain because it "has no family relationship or affinity within the fourth degree." If you did not want in this specification reference to goodwill. Colotta then who was and who could be referred, as the appointee is a relative of Mayor Lawyer Colotta over the 4th grade? What
Attorney. Colotta, moreover, should not have accepted the job, to professional ethics, as Mayor of Orion, the technical employer has instructed the municipal and associate chief of the service agreement between the towns of Orion and Nocara.
Let's say, for the umpteenth time, we raised objections and pointed out in acts of lawlessness Municipal by this administration, demonstrating a constant share of government marked by failure of the laws and rules.
The accuracy is demonstrated by your own administrative claim on the will to want to integrate these acts to clarify and point out what was communicated, that is to make it more legal and less severe in terms of responsibilities.
We would like to point out that you do not agree with the action to be taken in respect of municipal employees who must provide for their care costs and the appointment of a lawyer, since the current regulations stipulate that the City assume any costs resulting from criminal proceedings involving its employees for acts or acts relating to the performance of the service and the performance of official duties.
does not seem right and proper to deal with employees with the costs of defense, as they were driven in service and that in case of conviction is always possible to recover the expenditure incurred on their behalf.
supervision of the liquidity of the compensation to the legal profession responsible and we reserve further action in this regard.
hereby ask you to exercise the right of access to the records of the proceedings and to take copies under Article 43 of the Tuel and art. 19 of the Regulations of the City Council and receive All news and information for the completion of our mandate of councilors.
Nocara, 29.11.2010
Group Board of minority
WE STOP HERE ... AND WE FORGIVE YOUR AUTHORITATIVE ACTION
the next.
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