During the municipal council of January 28, part of the opposition was indignant that a deliberation be voted to allow the city to pay part of the lawyer fees (within the limit of 4,000 euros) of the former municipal councilor Bernard Sistou, indicted for illegal taking of interest.
In Montluçon (Allier), the city council votes to pay the legal fees of a former elected official indicted for illegal taking of interest
The response of the sub-prefecture to elected opposition officials
After leaving the council in full session, the ten elected members of the “Montluçon ensemble” group and of the “united left” immediately sent a letter to the sub-prefect, Jean-Marc Giraud, to alert him to “illegality”. of this deliberation.
They discovered his answer, put in their place, at the start of the city council which was held Thursday evening. In this letter, Jean-Marc Giraud indicates that it does not “seem possible to him to refer this deliberation to the administrative court”.
According to the State services, there is no reason to refuse functional protection to the former elected official insofar as “The jurisprudence of the Council of State leads to a broad interpretation of the granting of functional protection to any public official”.
As to whether Bernard Sistou could be refused this protection because of the detachable nature of his functions, and personal of the facts in question, the sub-prefect indicates that he does not “Is not up to” to pronounce insofar as criminal proceedings are “currently pending before the judicial judge. “
Joseph Roudillon: “I do not share his analysis”
“On the legal aspect, I do not share his analysis,” explains Joseph Roudillon, one of the advisers to have seized it. For the lawyer by profession, the former mandate of Bernard Sistou cannot be considered as that of a public official, “because he had no power of his own, unlike the mayor for example”.
For him, there is no doubt that the charges against the former elected have the character of detachable fault of the service.
Are we going to stop there?
To the point of not stopping there ?? “I have always said that this deliberation strikes me as illegal and fundamentally immoral and I think this is a fairly mixed opinion. Any citizen has the possibility, within two months, to seize the administrative court. At this point no decision is made, but nothing is excluded », Concludes Joseph Roudillon.
For his part, the mayor says he never had any doubt about the legality of this deliberation.
As a reminder, in this case, the former mayor Daniel Dugléry (LR) and Bernard Sistou (ex-Left Front) are indicted for illegal taking of interest. Justice is interested in land that the city of Montluçon sold to Bernard Sistou in 2010, at a price that could be considered disadvantageous for the town, while he was a municipal councilor.
The city had acquired these lands 69,000 euros in 2005, and would have invested several tens of thousands of euros to develop them, before voting the transfer for an amount of 40,000 euros, during the municipal council of June 17, 2010. It is reproached the two indicted for having been present at this meeting where the disputed plots were sold, even if Bernard Sistou did not take part in the vote.
For Frédéric Laporte, the current mayor, “this price was not disadvantageous for the community. The domain service had valued the whole at 70,000 euros with a negotiation margin of 20%, and the city had also recovered several electrical equipment, valued at 21,410 euros. This brought the price down to 38,872 euros and the sum of 40,000 euros was finally retained. “
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Michael Nicolas
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