They are incompatible

deschidere.jpgDionisie Culeţu, Cristina Brânzoi, George Vişan and Florian Constantin might lose their mandates as county or municipal elected councilpersons. 

Issuing and applying the provisions of Governmental Emergency Ordinance no. 37/2009 brought joy among the PSD and PD-L friends and caused problems to those being promoted.

According to article III, paragraph (9) of Governmental Emergency Ordinance 37/2009, "during carrying out management contracts, the persons having the positions stipulated by paragraph (3) (referring to the managing directors and executive managing directors of decentralised institutions) are applied the provisions of articles 70, 71, 79, 94 - 98 and 111 - 114 from book I, title IV, Law no. 161.2003 (...)". A scan of this law, especially on the articles mentioned before, revealed the fact that three democrat - liberal county councilpersons and one social-democrat municipal councilman are incompatible, once they have been promoted as managing directors or executive managing directors of several decentralised public institutions from the sea coast. So, art. 94 of Law 161/2003 confirms, among other things, that we are confronting with an incompatibility in the case in which these new managers hold positions, regardless of the fact that they are paid or not, "within public authorities and institutions".

Holding more than one position

The rush of the lawmakers in elaborating the Governmental Emergency Ordinance 37/2009 inevitably led to omissions which, except rapidly remediated, may bring along important sanctions to many of the beneficiaries of this ordinance. On the level of Constanţa county, we are dealing with four incompatibilities. Cristina Brânzoi - managing director of County Youth Direction, Florian Constantin - managing director of ITM [Work Territorial Inspectorate], Dionisie Culeţu - executive managing director of County Commissariat of Consumer's Protection, all PD-L members, and also George Vişan - managing director of the Territorial Office for Small and Medium Companies and Cooperation, have one thing in common: they are leaders of decentralised institutions and also carry on councilperson mandates.

-These three democrat-liberals are also county councilmen and the social-democrat Vişan holds a position within Constanţa Municipal Local Council.

cjc_25.jpgThey expect explanations

So far, none of these has given up their mandates which began the last year and they are not rushing in to do so. The motive: they are all expecting the due changes so that they might not be forced to give up one of these two advantages obtained from the party. "This is so true. We have asked for explanations from the party central management and from the ministeries", declared Cristina Brânzoi and Florian Constantin. They both explained that they were waiting for certain changes and, in respect to these, they would decide how they should react. "The situation will be cleared in two or three weeks' time. There are a lot of similar cases along the country, and some of them are much more complicated. When OUG [Governmental Emergency Ordinance] 37/2009 was issued, I did not expect it to be disunited from Law 161/2003", mentioned Florian Constantin, the managing director of ITM

. Out of the pieces of information available to ITM manager, it seems that the changes on OUG 37/2009 would have passed the Senate Juridical Commission and next the Deputy Chamber will analyse and validate it. "I would rather not be public clerk. When the changes are made public, I will analyse them and make a choice", de democrat-liberal concluded.

So far, these four directors will go on managing the activity of the institutions they have been given and they will be present to the meeting of the Constanţa County Council and Constanţa Municipal Local Counci, so that they fulfil all their duties they are charged with by the parties they represent and which put them in the front line.


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