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April 6, 2022
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Ediles will not be able to dismiss municipal officials

Ediles no podrán destituir funcionarios municipales

Santo Domingo.-The Constitutional Court eliminated the power that until now had been repealed by the councils of aldermen to appoint or ratify administrative officials of the municipalities, such as financial managers, treasurers and municipal accountants, considering that these are attributions that the Constitution of the Republic gives them. confers on mayors in their capacity as municipal executives.

In a sentence published yesterday, the High Court establishes that the appointment or ratification of these officials by the Chapter House exceeds the normative and oversight part of these bodies and also interferes with the functions of the mayors.

«The financial manager has the function of formulating, coordinating and directing the financial administration of the City Council; The municipal treasurer is responsible, among other functions, for receiving municipal revenues, administering said resources and making payments derived from contracted obligations; Likewise, the article, when referring to the municipal accountant, establishes that this official is in charge of organizing and keeping the general accounting of the City Council.

These attributions, as it is observed, are purely administrative and not of control”, indicates the sentence in its motivations.

The Constitutional Court, in this action, eliminates the literal “s” of Law 176-07 on the National District and the municipalities, which provides that the appointment of these municipal officials must be made by the Council of Regidores prior request of the Mayor.

It warns that this provision contained in the aforementioned law » limits the executive and administrative function of the Mayor’s Office, since said appointment is subject to the action of the Council, an issue that, in turn, can cause a state of inertia of the constitutional powers and mayor’s law.

It reiterates that the function of the chapter houses is eminently normative and oversight, for which it does recognize the power to appoint the “Municipal Comptroller”, because that official has oversight functions of the Council of Aldermen.

The same sentence gives a period of one year for the full application of the sentence, considering that its immediate execution could generate disturbances in the municipal administration in which at present these executive positions are occupied by people appointed by the Chapter House, such as established by the part of Law 176-07 now revoked.

ordering

—1— Limits
The sentence delimits the functions of the syndicate with those of the Council of Regidores.
—2— Conflicts
The dismissal of civil servants or the imposition were among the resources used by aldermen against mayors.


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