Yesterday I submitted an amendment to the whole of the motion that the PP took fully in relation to update the prices of the property of PROINVITOSA (plots, ships, lots, houses, etc ...).
The Independent Councilman D, Juan Carlos Carrillo Ruiz, wants to record in the minutes on the motion that the PP presents Amendment to the Whole and Written to be incorporated into the Act of Plenary Session of September 2017:
"That the Plenary of this City Council request and agree to the Dissolution and Liquidation of the PROINVITOSA Municipal Society, as well as to transfer this agreement to the General Meeting of PROINVITOSA to proceed to such an agreement"
To begin, he wants to express my intention to vote against the motion that is being presented to the Plenum of the City Council on September 28, 2017. The capricious and intentional maintenance of this and some other public mercantile has caused damage to this Local Administration.
No one doubts that at the time it was a valid form of management of public services.
In times of crisis it seems clear that we must sharpen the imagination when it comes to devising, or rather, choosing the best formulas for the management of public services, especially municipal services, those that according to the Rationalization and Sustainability Bill the Local Administration (EDL 2013/2018777) cease to be partly local, but in practice will continue to be in most cases, even beyond the transitional regime.
To this day, it is clear that regardless of the public origin of capital, per se the concept "public company", since no company is public, all are private.
The capital can be totally or partially disbursed by this City Council but, according to European law and for less time also Spanish, the private regulation of an entity that provides public services with public capital supposes for several reasons a perversion of the system, raising questions that many totaneros are already made, how can this company hire "to finger" ?.
Today, to continue with PROINVITOSA is not to provide a better public service but to "escape public law" and its guarantees.
All of the above demonstrates that, in short, this "escape from administrative law" - that which regulates the selection procedures of contractors or suppliers, and also that of the employees of the entity - actually translates into a "flight of the law" , of any right, which has always placed these entities, with very few exceptions, in legal clandestinity.
As we have seen, Europe has denounced it for many years, but here we have ignored it.
To top it all, the Local Administration has already been oversized, already very heavy in Spain.
Now it is necessary to resize and rationalize as the recent Law of Rationalization imposes.
In Greece, a country that stands out for its high levels of corruption and its poor governance, it happened exactly the same thing a couple of years ago and in Spain now the reality of the political corruption throughout the geography shows that the illegalities have emerged and commercial societies have focused a good part of them in the last decades, in the field of "administrative law", and in the public sector, affecting even others such as labor or accounting that have also been bullfighting .
For that total "escape" of the right.
It is time for Totana to accept the Law on rationalization and sustainability of local administration, and to propose that local public services be managed in the most sustainable and efficient way, ie direct management.
For such direct management, we must not forget that a process with all clear accounts, project and process must be initiated, with the report of the local auditor who will assess the financial sustainability and efficiency of the proposed proposals, in accordance with the provisions of arts .
4 and 7 of Organic Law 2/2012, of April 27, on Budgetary Stability and Financial Sustainability (EDL 2012/64550).
To remember also, and be careful here with the decision that this Plenary agrees, that according to this precept, the local entities and the autonomous organisms of them dependents "can not acquire, constitute or participate in the constitution, directly or indirectly" of new organisms, entities, companies, consortiums, foundations, units and other entities "during the period of validity of its economic-financial plan or its adjustment plan."
Notwithstanding the foregoing, the entities mentioned in the preceding paragraph, during the period of validity of their economic-financial plan or their adjustment plan "may also not make capital contributions nor subscribe capital increases of public business entities or mercantile companies local "institutions that have funding needs.
Perhaps the time has come to redimension the figure's conception, which must escape once and for all from that fraudulent and corrupt image and to come closer to the European concept of public collaboration, according to which, on most occasions, certainly not it is necessary to create a new legal entity, or to maintain an ineffective municipal society.
In addition, I want to record that for the interest of the neighbors of this municipality, the Government Team must immediately undertake the following initiatives:
1- Adhering to the will of this Councilor to submit an application to the Court of Accounts of the Kingdom of Spain for the preparation of an economic audit on the Municipal Society PROINVITOSA.
Only an independent and suspicious body is accredited to carry out this audit, since it will also entail a zero cost for municipal coffers already sufficiently indebted.
2- To request the Dissolution and Liquidation of PROINVITOSA for the reasons that I explain below.
As early as 2014, some voices in this council urged to begin a process of thorough investigation of the profitability and benefit of this society, even pointing to the possibility of dissolution that now by legal imperative would be imposed.
Regarding the reasons for dissolution, remember that the dissolution of the Municipal Corporation PROINVITOSA is also legally included in the Principle of Just Cause, which says: "The dissolution action can not serve to empty the content of the rule that establishes majority adoption of the corresponding dissolution agreement "
It is obvious that the dissolution of PROINVITOSA can be produced by the sensible will of this Plenary of Totana that decides to terminate the activity of the society, without necessity that there is more cause than the majority agreement itself to the effect, or to be imposed by the Law, due to certain events, for example and in this case, for economic losses that significantly affect the net worth.
However we are in this case that the Plenary Council will debate a motion in which neither the wisdom nor the law are imposed, trying to give a solution that is not what this municipality needs.
The time has come to really know in the light of real numbers the economic situation that in recent years has covered this Society and only a reliable Audit by the Court of Auditors can provide.
The time has come when, not through annual accounts that have been systematically approved by this Plenary, but through a thorough investigation, we know true facts such as: List of all creditors, inventory of assets and rights of the society, subject to sale, or planning to distribute the income derived from these sales between the different creditors ...
And all this in the light of criteria that clearly guarantee the equal treatment between potential creditors, etc. and can conclude pending operations that are or are not conducive to social settlement.
The reasons that have led to this situation should be well known by the PP, PSOE and IU in Totana because, once the need to create this entity 25 years ago, it has been at least 10 in which this City Council had to consider the proposal which now raises:
That the Plenary of this City Council request and agree to the Dissolution and Liquidation of the Municipal Society PROINVITOSA, as well as to transfer this agreement to the General Meeting of PROINVITOSA to proceed to such agreement "
Source: Juan Carlos Carrillo / Foto Totana.com