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December 4, 2022
JUSTICEPOLITICS

ANI finds Bucharest district 1 Mayor Armand in conflict of interest and incompatibility

The National Integrity Agency established that the mayor of Bucharest district 1, Clotilde Armand, was in a conflict of interest and incompatibility, the General Prosecutor’s Office being notified about the mayor committing the crime of using her position to favour certain persons.

According to a press release from ANI, Clotilde Armand was in a conflict of interests, because in exercising her duties as mayor she signed the provisions by which she named herself manager of the project “Improving local administrative capacity regarding the development, implementation and promotion of anti-corruption measures,” financed with European funds, and which produced a material benefit to herself in the amount of 18,720 lei, thus violating the provisions of art. 70, art. 71 and art. 76 of Law no. 161/2003.

The five provisions signed refer to her appointment as project manager, as well as an increase of her monthly allowance, by up to 30pct.

Also, Clotilde Armand was in a state of incompatibility as of from February 18, 2022, the date of the provision regarding the appointment of her as project manager of the project “Improving local administrative capacity regarding the development, implementation and promotion of anti-corruption measures,” as she simultaneously exercised the function of mayor of district 1 and the remunerated position of project manager, thus breaking the provisions of art. 87, paragraph (1), letter k) of Law no. 161/2003.

In this case, the National Integrity Agency notified the Prosecutor’s Office attached to the High Court of Cassation and Justice regarding the fact that Clotilde Armand’s committed the crime of using her position to favour certain persons, provided for by art. 301 of the Criminal Code because, in exercising her mayor’s duties, respectively between February and August 2022, she signed five provisions that led to the creation of additional income for herself.

In addition, ANI notified the prefect of the Bucharest municipality regarding the legality of the administrative acts of the public administration authorities, respectively of the provision of appointment as a project manager and of the four provisions by which the incomes were supplemented, the attributions conferred by the provisions of art. 252, paragraph (1), letter c) from the Administrative Code, material documents for which aspects and indications regarding the violation of the legal regime of incompatibilities, conflicts of interest in administrative matters and the legislation in criminal matters were retained.

 

Armand: I will provide all the documents requested by the Prosecutor’s Office and the prefect

 

The Mayor of Bucharest district 1, Clotilde Armand, says she will provide all the documents requested by the Prosecutor’s Office and the prefect, but adds that the relevant authorities would have confirmed that her appointment as manager of a project with EU funds was correct.

The clarifications come after the National Integrity Agency established that mayor Armand was in a conflict of interests and incompatibility, and the General Prosecutor’s Office was notified in connection with her committing the crime of using the position she has to favour certain persons.

“That’s it! They caught me… I’m joking. They had nothing. I’ve read the ANI statement today and I can tell you that we complied with the law in the case of the project ‘Improving local administrative capacity regarding the development, implementation and promotion of anti-corruption measures.’ We have a confirmation from the officials from the Ministry of Investments and European Projects who tell us that we are eligible. Before the appointments in the project were made, there was a check and the relevant authorities told us that everything is correct. You know, we don’t do anything on our own,” Armand wrote on Facebook on Monday.

She mentioned that, as part of the work that is the subject of the ANI press release, she responded each time to ANI’s requests and submitted a point of view accompanied by supporting documents “showing the legality of the activities” carried out as mayor of district 1.

“I didn’t receive any answer and I was denied access to the file several times,” added Armand.

The mayor invokes the provisions of art. 94 paragraph 22 of Law no. 161/2003, according to which “one is not in a situation of incompatibility, in the sense of the provisions of paragraph (2), the public official who is designated by administrative act to be part of the project team financed from non-refundable community post-accession funds, as well as from external loans contracted or guaranteed by the state, reimbursable or non-reimbursable […].”

Also, Clotilde Armand refers to art. 16 of Law no. 153/2017, according to which “the monthly allowances of the presidents and vice-presidents of county councils and the mayors and deputy mayors of administrative-territorial units that implement projects financed from non-reimbursable European funds are increased by up to 25pct.”

She claims that one of the members of PNL (National Liberal Party) in district 1 filed the complaint to ANI, in a “desperate attempt to harass” her.

 

Compiled from Agerpres

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