The beginning of the procedure should have been adopted in plenary and not in Local Government.
Socialist Diego Councilman José Mateos Jódar regretted that it is "stealing" the City Council, where representatives of all political groups, "the chance to meet, discuss and decide on a question of competence, and most importantly for the citizens we represent "
PSOE Diego Councilman José Mateos announced today that the Socialist Municipal Group, protected by the Law on the Legal Regime of Public Administrations and Common Administrative Procedure, has filed an appeal optional replacement to declare "void" the agreement Local Government Board on the beginning of the procedure for awarding the concession contract of the School Children of El Gato.
Municipal nursery school located in the Camino de Lorca Marin, which will create 106 spaces, 26 for children aged 1 to 2 years and 80 for 2 to 3 years has meant an investment of 527,622 euros, of which, 500,000, ie, 94% have been allocated by the Government of Spain through an agreement with the Autonomous Community of Murcia.
The agreement, adopted last March 4, by the Municipal Government body chaired by Francisco Jodar seeks recruitment through "indirect management" of public service.
For the Socialists, have violated the statutory and regulatory principles for the adoption of agreements, as the competent body in this area is the Municipal Council and not the Local Government where only PP Councillors are represented.
In fact, the Act itself provides that the Municipal Council is responsible for "determining the ways of managing services and the agreement to create autonomous agencies, public agencies and business corporations for the management of municipal services competition, and approval of district level records. "
The same rule provides for the possibility to delegate this power, but exclusively in the Advisory Committees, not being provided for both its delegation to the Local Government Board.
Therefore, for the PSOE, "has adopted a resolution by a court jurisdiction at the expense of the Full Council which is responsible for exercising this function."
In that sense, Mateos regretted that the government team of Francisco Jodar is "stealing" the House of the Corporation, where representatives of all political groups, "the chance to meet, discuss and decide on a question of competence, and most importantly for the citizens they represent. "
The Socialist councilor explained that if not suspended the implementation of the agreement at issue, which could cause "harm the public interest."
And is that if the House, as the competent body, adopted after the decision not to provide this service indirectly, the company awarded the contract may claim compensation for damages.
Source: PSOE Lorca