Santo Domingo.-The decision adopted by the Council of Aldermen of La Vega to revoke the resolution that approved the resignation of the vice mayor, Amparo Custodio, is within the framework of legality in accordance with what is established by Law 176-07 of the National District and the Municipalities, while councilors of Fuerza del Pueblo consider that they should make new elections.
Lawyer Waldy Taveras, municipal expert, said that “she resigned from the vice mayor’s office and was never sworn in as mayor, therefore, upon being restored to her functions as vice mayor, she can assume the status of mayor when the Council of Aldermen swore her in.”
The sociologist Cándido Mercedes and former coordinator of Citizen Participation understands that it is the most legal solution according to administrative law, “because it does not violate the Constitution, everything that is said outside of that is political chatter.”
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“Against municipal ordinances, regulations and resolutions, interested parties may optionally file appeals for reconsideration without prejudice to the powers established by law,” states article 11 of Law 176-07, article 111.
“City councils may review their acts in the terms and with the scope that, for the central administration, is established in the law,” indicates article 112 regarding the review.
Mercedes said that Mrs. Custodio has all the power to withdraw her resignation, it is her will and that of the Council of Aldermen to know it and revoke the resolution.
“You resign of your own free will and you can also reconsider and withdraw your resignation,” he said.
He indicated that anyone who says otherwise has their own and partisan interest, and that the ideal solution is legally correct and from a political point of view.
Mercedes said the president had no legal power to decide the appointment of a new mayor.
“A president cannot decide on a power other than his own, he cannot decide on something that is a popular election.”
He assured that the Central Electoral Board (JCE) cannot hold new elections because the election of the mayor, the vice mayor and the councilors was legal, and that no one questioned the results, it had no basis, no actor objected to it.
He said that now a legal mechanism must be created to fill the void and that no Democrat does what Kelvin Cruz did.
The coordinator of Citizen Participation Erick Hernández Machado said that the decision-making bodies of this entity have not been aware of the issue and promised that it will be clarified at Monday’s meeting.
The Fuerza del Pueblo party warned the Government that the only legitimate way to appoint a mayor in La Vega is by calling new elections.
