Most Sibiu County mayors found incompatible by ANI expressed their outrage and intention to appeal against the decision. Several mayors stated that this is “an abuse” and want to attack the decision in court.
The National Integrity Agency (ANI) has discovered that 22 mayors and deputy mayors from Constanta County and 20 others from Sibiu County were incompatible with the offices held because they were also representatives within the Shareholders’ General Assemblies (AGAs) of SC RAJA Constanta and SC Apa Canal Sibiu. Most of the Sibiu County mayors concerned expressed their outrage and announced they will appeal against the decision. The mayor of Cisnadie stated he was never a member of SC Canal’s AGA and considers ANI “a bunch of fools.” In Constanta County several mayors consider ANI’s decision “an abuse,” “an aberration,” and state that they will attack it in court.
According to ANI, the 22 local representatives in Constanta County were incompatible with the offices held because they simultaneously held the offices of mayor or deputy mayor and were also the mayoralties’ representatives within the Shareholders’ General Assembly of SC RAJA SA Constanta.
The 20 mayors in Sibiu County were incompatible with the offices held because they were at the same time the mayoralties’ representatives within the AGA of SC Apa Canal SA Sibiu.
All 42 mayors and deputy mayors broke Article 87, Paragraph 1, of law 161/2003, according to which the office of mayor and deputy mayor is incompatible with the position of representative of the local administration within the general assemblies of local companies’ shareholders, ANI pointed out.
The mayors and deputy mayors found incompatible in Constanta and Sibiu counties were informed about the start of the evaluation procedure, the elements identified, their right of being assisted or represented by a lawyer and of presenting data or information they consider necessary. With the exception of Cristian Cirjaliu, Marian Galbinasu, Niculae Stan, Cristian Telehoi and Ion Burcea, all persons evaluated filed their own points of view when exercising their right to defense, ANI informs.
“The action that breaks the legal obligations concerning the state of incompatibility represents disciplinary offense and is sanctioned in line with the provisions applicable to the office or activity concerned,” the law reads.
The person found incompatible with the office held no longer has the right to hold public office for a period of three years from the date on which the person is sacked or the term in office lawfully expires. If the person concerned held a representative office it can no longer hold the same office for a period of three years from the moment the term in office ceases.
Deputy Prime Minister Liviu Dragnea stated on June 13 that the intention is to change the incompatibility law so that local representatives will no longer lose their offices if they are also the local community’s representatives within a company, being of the opinion that this provision is unfair.
“I’ve initiated some time ago a draft project on modifying this law, because to me it seems unfair and pointless to not give to a community the possibility of appointing representatives within a company in order for the community to develop. It’s a provision that is more than unfair, it is unjust and this law should be modified and clarified and I have initiated this procedure, it still is at the Justice Ministry,” Deputy Prime Minister Liviu Dragnea stated back then.
The Deputy Prime Minister pointed out that he does not believe the new changes will be applied retroactively. “I’m not a constitutional expert, I’m not a jurist, it’s possible they won’t because from what I know a law produces effects only from the moment it comes into force. After all, at least we should clarify this situation,” Liviu Dragnea stated.