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D.

Jódar Francisco Alonso

Mayor - Chairman

Hon.

Ayuntamiento de Lorca

D.

DIEGO GARCIA FERRA, in my capacity as Speaker of the Municipal Group Socialist, hereby, in accordance with the provisions of Articles 106 and following of the Law 30/1992 of November 226, the Legal Regime of Public Administration and Procedure Common Administrative presents REPLACEMENT POWER OF APPEAL, under Article 116 of the said rule based on:

BACKGROUND:

FIRST .- In the House Ordinary Hon.

Lorca Town Council held on 28/06/2010 to approve, vote against the Socialist Municipal Group I represent an item on the agenda entitled "Motion of the Mayor on the reduction of financial allocations to members Corporation, the number of exclusive dedication and financial allocations to the municipal groups "

SECOND .- That, prior to the start point of the agenda referenced above, both "in voce", and in writing (check No. 17,001, dated 28/06/2010) note that in our view such an agreement fails to meet minimum legal requirements for inclusion in the agenda and further discussion and vote, and we requested various legal and economic reports for the justification and motivation of the agreement.

APPLICABLE LAW:

- Spanish Constitution, Article 23.

- Law 7 / 1985, on the Basis of Local Government, Articles 73 to 78.

- Municipal Organic Regulations.

- Law 30/1992 of 26 December on the Legal Regime of Public Administrations and Common Administrative Procedure

- Jurisprudence cited.

- Law 29/1998 regulating the administrative jurisdiction.

BACKGROUND:

FIRST .- The right to participate in public affairs, that Article 23 of the Spanish Constitution as a fundamental characteristic in the case of Councillors who are not part of government teams of local entities, is reflected in its power control of the government action.

For the exercise of this option are expected to Councillors of the opposition have the time and dedication necessary for the proper development of the work they are responsible.

SECOND .- The agreement, among other things, aims to reduce the number of councilors of the Municipal Group Socialist FTE current number of 4 to 1.

THIRD .- To date, determining the number of 4 Councillors Municipal Socialist Group is made in the General Budget for each year, providing in them the proper and sufficient budget for this purpose.

What's more, in the recently approved and in force, budget for 2010 is covered those items.

FOURTH .- In the current Municipal HE Organic Regulations.

Ayuntamiento de Lorca, published in the BORM day 52 of 03.03.1988, in particular in its Article 14 states literally: "The Corporate plenary with the approval of annual regular budget shall, within the overall appropriation for that purpose contained in the budget, the ratio of charges of the Corporation may serve on full-time basis and the amounts that correspond to each of them in regard to their degree of responsibility ... ... "

FIFTH .- In the same vein, Article 75.5 of Law 7 / 1985 of April 2 Regulatory Bases of Local Government states that "Local government in its Budget to record salaries, allowances and assistance ... ..

SIXTH .- In a case very similar to it, ie a reduction of full-time Councillors Exclusive, particularly in the city of Cartagena, is ruled by the Administrative Court No. 1 of Cartagena where condemning the council to restore the number of Councillors in full-time basis had been lessened, by, inter alia, the following considerations:

SIXTH Legal basis: ... ... ..

"From the transcribed data shows that there is a match between the Socialist Party which has nine Councillors and Citizens Movement Party which has two Councillors.

Both groups have a City Council Speaker who is in full-time basis.

Therefore equates a group that has nine councilors to one that has only two.

Certainly in the present case have not applied the previous studies, the standard adopted by all municipal groups and plenary Organic Regulation itself, and without any reasoning or justification ... ... ... ..

.... The administration has acted within the scope of freedom that the order has been made available, however the decision in the realm of discretion is lacking a rational basis and therefore arbitrary ... ..

FAILURE: "... ... ... therefore ordered the City of Cartagena must issue a new resolution laying the Socialist Group assigned a number of Councillors in full-time basis based on the proportional representation of each of the political groups in the Municipal Corporation, taking into account the background of the resolutions agreed upon by the city of Cartagena on the issue of full-time for the Aldermen of the Opposition Groups.

SEVENTH .- Asked reference files, we noted that accompanying the motion of the Mayor any legal or financial report.

Therefore we show that it is in breach of current legislation, since Article 172 of Royal Decree 2568/1986 establishes that the report records the Head of the Unit with the corresponding process them, giving the background and legal or regulatory provisions that melts your criteria.

This Royal Decree is supplemental application, as in the above does not contradict, but complements and develops the Municipal Organic Regulations in force.

EIGHTH .- The article 62.1.e) of Law 30/1992 establishes the nullity of the acts and agreements that are issued regardless of the procedure, as is the case, since neither have posted the reports of the head of the dependence appropriate, nor has applied the provisions of the Municipal Organic Rules of HE.

Ayuntamiento de Lorca, published in the BORM day 52 of 03.03.1988, in particular in Article 14 above referenced, remembering, which is precisely the Organic Regulation of a regulatory standard that governs the legal and operating Ayuntamiento de Lorca, applicable both to occur amendment or repeal.

NINTH .- That Article 63 of Law 30/1992 states that will annul acts of the Administration to commit any violation of law, as is the case, who have not respected the requirements indicated in the previous section.

For all the foregoing, on behalf of the Municipal Socialist REQUEST:

FIRST .- To take the present action for permissive Replacement in a timely manner and be accepted for processing.

SECOND .- That, following the appropriate procedures, and due to the lack of formal minimum requirements (no mandatory reporting and breach of the Organic Rules, Article 14) is appropriate to declare invalid or otherwise the setting aside of the agreement with full Corporation dated 28/06/2010 entitled "Motion of the Mayor on the reduction of financial allocations to members of the Corporation, the number of exclusive dedication and financial allocations to the municipal groups"

THIRD .- That in accordance with the provisions of Article 111 of Law 30/1992 to suspend the operation of the agreement at issue, since the contrary would be an apparent injury on a person who would be locked his constitutional right to participate in public affairs with dedication as required by this action is resolved.

FOURTH .- To proceed to issue the reports requested in the letter with check No. 17,001, dated 28/06/2010 to be of vital importance to the resolution of these proceedings and any other actions of any kind we decide to undertake.

In Lorca to June 29, 2010

Signed: Diego Garcia Ferra

Source: PSOE Lorca