El Town hall del Poble Nou de Benitatxell will request a report from the Consell Jurídic Consultiu of the Valencian Community to resolve all the doubts that have arisen in the extraordinary plenary session held at the proposal of the
opposition to lower the salaries of the ediles of the government or if it incurs a deviation of power.
The other points of the extraordinary plenary session in which ordinary plenary sessions were requested every month, to dissolve the governing board and to return their powers to the plenary and to change the representation of the councilors in the collegiate bodies (now the opposition councilors) have been approved by the majority of the opposition.
Defects in the report
According to the expert jurist, Daniel Agulló Mateu, professor of law at the University of Alicante, the report on dedications and retributions warned of major defects. This point was not motivated to be included in an extraordinary session, since it could be taken to an ordinary plenary session. The proposed agreement was not reasoned. The lawyer also specified that the competent body to propose the regime of dedications and remuneration is the mayor, who brings the proposal to the plenary for approval. In addition, the expert stressed that the salaries have legal support and are even limited by law and, in this case, it was not justified to reduce the dedication of the mayor to 40% and to receive 600 euros gross per month and cut the dedication of the mayor with 30% delegation and that his remuneration was 250 euros gross per month.
Another objection of the expert was that the dedications and remunerations can not be approved now with retroactive effects, which is what the opposition intended, since it wanted to be applied as of September 20.
The report warned that if there was no logical and reasoned reason for lowering dedications and rewards, the opposition could incur "power deviation" and even enter the "threshold" of criminal offense.
The expert deduced that the mayors of the opposition could be using an unlawful way to force the resignation of the mayor and its councilors instead of turning to the tool that does provide for the law, which is to file a motion of censorship.
In the face of all these doubts, the mayor has decided to suspend the vote on this last item on the agenda, "We are not denying the vote. There are legal doubts. We open a period of 15 days so that all councilors can
submit allegations and suggestions and then we will send all that information to the Consell Jurídic Consultiu for an opinion " explained Josep Femenia.
