Portal de Lorca
www.portaldelorca.com
The Local Government Board held on February 26, 2016, chaired by the Mayor of Lorca D. Francisco Jodar and with the favorable vote of the Councilor of Works Ms Eulalia Ibarra, illegally approved the payment of various invoices to the company Ibarra Lorca SL for 26,276.65 euros.
In this administrative act could be violated several rules and laws concerning minor contracts, which Antonio Meca explains:
"Councilwoman Eulalia Ibarra failed to comply with her obligation to warn the Local Government Board, in that act, to have a relationship of direct consanguinity (sister) with the manager of the company Ibarra Lorca SL"
This obligation is included in article 76 of Law 7/1985 of April 2, Regulator of the Bases of Local Regime, which reads as follows:
"The members of the Local Corporations shall abstain from participating in the deliberation, voting, decision and execution of any matter when any of the causes referred to in the legislation of administrative procedure and contracts of the Public Administrations. Personnel in the service of the Administrations in which the circumstance of having kinship of consanguineity within the fourth degree or of affinity within the second, with any of the interested parties, will abstain from intervening in the procedure and will communicate it to its superior hierarchical, who Will resolve the matter ".
In addition, according to the Councilman, Ms. Eulalia Ibarra should not be present in that vote since the law itself states:
"In those cases in which any member of the corporation must abstain from participating in the deliberation and voting, he shall leave the room while the matter is being discussed and voted on."
This circumstance of not being present in the room where the payment of these invoices was voted to the company of his brother, are based on the following:
"The judgment of the Supreme Court of December 11, 2008 (rec. No. 3572/2007) clearly emphasizes that, in addition to the existence of a formal cause of abstention, in the specific case of a Councilman's participation in An agreement, whether or not to effectively put at risk the objectivity and independence of the City Council. "
Fraccionamiento and minor contracts
The mayor of Ciudadanos indicates other possible irregularities: "that day was authorized the payment of 6 bills for the amount of 26,276.65 euros, with the following similarities:
The same concept: "rent of generators and gasoil".
The same contractor: "Concejalía de festejos".
The same supplier: "Ibarra López SL"
Poor realization of contracted services.
Give finger to the family business of Mrs. Ibarra, those services. "
Likewise, the limits established by the minor contracts could have been breached since no more than 18,000 euros can be contracted in services and supplies with the same supplier within the same fiscal year
"All these circumstances have been brought to the attention of the Legal and Intervention Services of this City Council, in order to analyze the documentation provided by this Municipal Group and can be clarified as soon as possible these facts."
All these irregularities could have as a consequence the nullity of the administrative act and therefore the possibility of demanding the refund of the money paid in those invoices.
Source: Ciudadanos Lorca
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