Attorney sanctioned on appeal to former mayor of Palmar de Varela (Atlantic) by ignoring labor rights manager utility

The Attorney General's Office passed on appeal to Mr. Rafael Angel Fontalvo Fontalvo, in his capacity as mayor of Palmar de Varela (Atlantic) for the material time, special suspension and inability for the term of nine months ignoring labor rights of the then manager of the Water Supply, Sanitation and Cleanliness of Palmar de Varela, Jaime Alvarez Alberto Noriega, to have declared ineffectual without motivation.

The disciplinary investigation was generated by the complaint filed before the Provincial Prosecutor of Barranquilla by Mr. Alvarez Noriega, who had been appointed to the said office for a fixed period of two years from November 20, 2007. Argued in its complaint that he personally informed the mayor that his office was not appointed and removed and that although it was declared groundless in March 2008.

The results of the disciplinary investigation established that the declaration of invalidity Mr. Alvarez Noriega ignored the grounds established in the decrees 079 and 091, 2007, issued by the municipality of Palmar de Varela, for the removal of the manager of that entity.

Faced with defense arguments that question the validity of said municipal decrees issued by the mayor for the time in exercise of the powers granted by the City Council to reorganize and restructure the Water Company, Sewer and WC, the Ministry public stated that it is not for the Control Agency to establish the legality or illegality of administrative acts because there is the principle of presumption of legality, according to which the laws and administrative acts are considered to set right until proven otherwise.

Failure was classified as serious by way of fraud.

This decision by the Atlantic Regional Office changed the limit of the sanction of suspension and general disqualification for a period of 12 months, imposed primarily by the Provincial Office of Barranquilla. Against the judgment of second instance is no recourse.