Four officials of the Caja Petrolera de Salud (CPS) were charged with the crime of uneconomic conduct, after granting loans to their workers in the amount of Bs 7,000 for a period of seven months, from February to August, with a nominal interest of 10 % per annum, according to the formal imputation resolution to which EL DIARIO had access.
The Short-Term Social Security Authority (Asuss) has formalized the complaint to the Public Prosecutor against the executive director general of the CPS, David Silvestre MF; the head of the national legal advisory department, Juan Carlos CG; the national financial administrative director, Nancy B. de R. and the head of the ai national financial administrative department, Zulma VG The four were charged on 22 September with a crime of uneconomic conduct.
Article 224 (Uneconomic behavior) of Law 1390 states: “The public official, employee, employee or employee who, in the exercise of managerial positions or of similar responsibility, with public bodies or entities or state companies, for manifest maladministration or technical direction, causes damage to their assets or to the economic interests of the State, is punished with imprisonment from three (3) to eight (8) years and a ban ”.
THE FACT
Asuss announces that with the Administrative Resolution with ISCED: OFN-DGE-JDNAL-RA n. 008/2022 of 20 January 2022 signed by the Executive Director General of the CPS and validated by the Head of the National Department of Legal Advice, the granting of school loans to the workers of this institution is approved for a one-off amount of Bs 7,000, to be deducted from the credit monthly.
To this end, workers who had no outstanding debts with the managing body were taken into consideration and the request note presented by the workers was considered as a party contract.
“The Administrative Resolution in the part in question, paragraph V, establishes that the school loan will be granted to full-time basic workers for Bs 7,000 and basic part-time workers for Bs 3,500, in any case in its Resolute part. Art. 1., does not consider the granting of school loans to part-time workers “, reads in part in the document.
It should also be noted that after the approval of the granting of school loans, the four defendants, in addition to the National Head of Human Resources, issue the ISCED circular: OFN / DAF / DNRH-CIR-010/2022 of 21 January 2022 in which reports that the CPE is in deficit since the 2018 administration. evidence that the availability of this amount has been foreseen, programmed and informed, and that one of the conclusions of the aforementioned report is that the granting of the school loan should be approved with a Repertoire Resolution and not with an Administrative Resolution and that it would be clear that there is no document that supports the ‘economic assessment’ to determine the payment capacity of school loans granted to workers for Bs 7,000.00, in the disclosure they did not produce documentation to support the monthly programming of ‘Financial Flows’ and’ Effective Operating Flows’, for which he has proof of having foreseen, planned and informed of the availability of this amount (sic) “, indicates a ‘ other part of the document.
INCOERENCES
Assus points out that the documentary supervision revealed inconsistencies between the amounts recorded in the accounting documents of the 2022 school loan and the “Accounting Extracts 11310 – Short-Term Loans. Accounting Assistant 112 staff debts, which implies that the loans have been made to CPS workers who have debts of previous administrations, which have not been recovered.
“In these circumstances, the director of the CPS, with ISCED Administrative Resolution: OFN-DGE-JDNAL-RA n. 008/2022 of January 20, 2022, by authorizing a loan of Bs 7,000 for a period of seven months with a nominal interest of 10% per annum, made an incorrect use of the resources of the short-term social security “.
“In turn Lic. Nancy B. de R. – National Financial Administrative Director at the time of the issue of the Technical Report on the School Loan for management 2022, with CITE OFN / DAF / DNAF-NI-0003/2022 of 18 January of 2022 does not specifically indicate where the resources to disburse the respective loans come from, not guaranteeing the correct management of the institution’s own resources.
“Regarding Lic. Zulma VG Head of the National Administrative and Financial Department at the time of issue of the Technical Report on the Management School Loan 2022 ISCED: OFN / DAF / DNAF-NI-0003/2022 of 18 January 2022, it does not specify where the resources for carrying out the respective loans come from, nor did it carry out an adequate follow-up, control and evaluation of the execution of the activities with respect to the planning, ignoring the basic accounting principles of public institutions, since in letter f) of article 3 of the Fundamental Rules of the NBSCI Integrated Accounting System, which establishes that health funds have the purpose of protecting workers and their dependents through the services established in health regimes.
“In relation to Dr. Juan Carlos CG – Head of the National Legal Advice Department, at the time of issuing the ISCED note: OFN / DGE / DNAL / UPJU-INF0002 / 2022 of January 19, 2022, he did not ensure the correct management of own resources “.
ROLE OF SOCIAL SECURITY OPERATORS
The Assus clarifies that health management bodies, commonly known as health funds, are short-term social security operators, which only includes sickness, maternity and occupational risk schemes, “for logical consequence, they cannot provide loans, much less raise loans for profit, as the CPS Executive Director intended to do ”.
He also specifies that the CPS and the authorities on duty have neglected the use of public resources with the alleged argument of “school support” for the benefit of the workers of that institution with resources that are presumed to be own funds of the short-term social security. .
In statements to El Deber, in recent months, the director of the CPS explained that these school loans have been granted and clarified that this is the only advance that is granted voluntarily.
“The loan is for the school, the POA is already with the loan. She knows the POA is approved in August, ”she said, even though the request made by the workers was made in December, when the POA was already approved, according to that media.
Source: Il Giornale.
