Gentili Gentili Workers and Employees,
since I have fulfilled the role of Mayor of this institution for ten years working with you (from 1999 to 2009), convinced have always based my action to administrative fairness and transparency, I think proper to inform you too, as employees of this institution, announcing lawsuit for libel against Mrs Gina Greek, on the statements to the press and published this morning (see attachment).
For clarity, precision and responsibility in relation to the defamatory allegations made by Ms Greek, the undersigned, during his first term (1999-2004) has never entertained any report under the direct or indirect of any company, organization, institution, foundation, etc.., for which the allowance was due to Mayor, by law, in full measure.
During the second term (2004-2009) have signed a private contract concluded, with a public body, with no possibility expectations, so I was mayor of the allowance payable in full extent provided by law, as indeed the result of tests already conducted at the time.
To do this, I want to clarify that the Ministry of Interior - Department of Home Affairs and local - with views of successive 'said 11/08/2006 and 15/11/2009 it is up to a remuneration in full size, as the staff with temporary contracts, as opposed to staff employed on a permanent, can not avail of leave of absence The ratio of the standard lies in the "differentiation .. the emoluments of those who are in different situations, or among those for whom the law recognizes the right to stand on unpaid leave and those who can not rely on that institution .. "(as in the case of the undersigned).
For its part, the Court of Auditors (resolution No 23/2010/PAR February 9, 2010 - Regional Section of the control for the Emilia - Romagna) was expressed on all 'interpretation of Article 82.1 first paragraph, to the extent it provides that the allowance of ".. is halved for employees who do not have the required expectations, " con riferimento ad un amministratore comunale con incarico a tempo determinato (come appunto, nel caso del sottoscritto)
La Corte dei Conti ha osservato che l’articolo 77, 1 comma, TUEL ha previsto per gli amministratori locali l’erogazione dell’indennità a titolo di compenso per l’attività svolta, al fine di favorire l’accesso alle cariche elettive “in condizioni di uguaglianza” per tutti i cittadini, disponendo del tempo necessario per l’assolvimento dei compiti politico amministrativi e conservando il posto di lavoro (articolo 51, 1 e 3 comma, Costituzione Italiana.).
The Court of Auditors stated that "should therefore be stated that the public administrator, who, though employed, can not require 'expectations - why not mentioned in their contract of employment - should be treated as the freelancer and should have paid the compensation function in full size.
The prerequisite for the correct application of Article 82, paragraph 1, last paragraph, the Consolidated Local Authority is, therefore, represented the finding, specifically, of the options provided in the individual contract employees and the exercise of this right by the person entitled (not provided law and not granted).
I thought it appropriate to clarify this point with the operators and managers of the local PEG, subject to the protection of my actions against Ms Gina Greek they are entitled.
Thank you for your attention and sincere best wishes.
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