Attorney General's Office confirmed on appeal penalty of dismissal and inability of the current mayor of Cota (Cundinamarca)

The Attorney General's Office passed judgment on appeal in Mr. John David Balcero Balcero, in his capacity as councilor Cota (Cundinamarca), with removal in the performance of duties and general disqualification from holding public office for a term of 10 years , finding it responsible for applying for his business partner, acting on behalf of the municipality.

The record shows that Mr. Balcero disciplinary Balcero attended on January 10, 2010 to the grounds of City Council and, knowing that maintained trade relations with Mr. Rodrigo Lopez Perez through society "Investments and Projects Balcero and Co. Limited ", proceeded to postulate to the corporation as a candidate to be appointed as ombudsman of the municipality of Cota for the period from the first of December 2008 to December 31, 2011.

In addition, the disciplined proceeded to vote in favor of said person, who submitted without disabilities in the voting, during which he was elected as representative Mr. Rodrigo Lopez Perez.

Against the motion for dismissal filed by the defense of Mr. Balcero Balcero for alleged structural deficiencies of the statement of objections, the prosecution argued that all defensive interventions referred to the indictment and in a clear, precise and categorical dealt with the charge the disciplined, which is contradictory and completely ignores the principle of equivalence on annulments. Stresses the Attorney General that the most respected and guaranteed constitutional rights of the discipline.

It marks the failure of second instance that is transparency in the public's postulate on governing conflict of interest. In the case investigated, this conflict materialized in specific situations such as call, nomination and election of municipal ombudsman, which was compromised functional behavior of the investigation, who from the beginning of the call and before the registration of certain his partner, was forced to declare prevented, since undoubtedly the right partner it had the direct and particular interest ombudsman elected by the City Council, a corporation that owns the discipline.

The disciplinary offense scored grave, conducted by way of fraud.

This decision by the First Deputy Attorney General for Administrative Supervision confirmed the lower court ruling issued by the First District Attorney Bogota on November 30, 2011 and against the same no recourse.