Clarity in the Canoa case - another voice in the fray?

rendul

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New input from a member of the Chamber of Accounts:

JUAN PABLO DUARTE: EL PODER MUNICIPAL Y LA EJECUCION PRESUPUESTARIA | Cabarete noticias



Translated:


JUAN PABLO DUARTE: MUNICIPAL POWER AND BUDGET EXECUTION

June 27, 2013 | Filed under: News | Posted by: caba8255

Alfedro-cross-300x295
Alfredo Cruz, Judge of the Chamber of Accounts

By: Alfredo Cruz Polanco - alfredocruzpolanco@gmail.com

The following reflections I have wanted to raise with the sole aim of providing some ideas to help guide all of our mayors, to create a culture of accountability, to make them aware of how they should manage the resources of our municipalities and what to do to correct distortions. They have been taken from the various audits conducted by the Chamber of Accounts of the Republic, as a contribution to the bicentenary of the birth of Juan Pablo Duarte y Diez, who is considered the first municipalist of the Republic.

The founder of our nation, in the draft constitution he devised, in addition to the three fundamental powers: legislative, executive and judicial, Municipal conceived as the first power of the Dominican State.

The patrician was a strong advocate of Municipal Power, as a way to contribute to governance and decentralization of the state, to facilitate and make more effective the records of works and services, boost the economy and that each citizen to be part the council, through the Participatory Budget. This whole vision was assimilated during his trips to Spain and other European countries.

Juan Pablo Duarte Municipal Power conceived of as the Economic and Political Government of the people, that they should become a counterweight to the executive branch, a model organization where resources received through the Budget of Income and Expenditure Law, were handled efficiently , neatness, efficiency, honesty and transparency, which will take an organized system of your finances, that the works and services to be undertaken were based on the priorities and demands of the communes, not based on personal whims, which then had to pay them a report of its enforceable, as he did when he had to manage scarce public resources that were accessible, no laws and no one demanded it, becoming the first Dominican to be accountable to the country.

Today, in our country there are 155 municipal districts and 232 municipalities. There are many proposals submitted to the National Congress to raise a lot of sections in this category, which often do not meet the minimal conditions for it, which has become a feast. This action has contributed to increasing bureaucracy, the public payroll, political aspirations, increasing the national budget and therefore, administrative corruption, as more and more required Mayors, councilors and therefore more and more personal administrative. Until 1996 there were only 109 nationwide municipalities and 47 municipal districts.

These institutions are governed by the law 176-07 of the National District and the Municipalities and the 170-06, Municipal Participatory Budgeting (PPM).

The law 166-03, on Municipal Budget, ordered transfer to the municipalities and District Boards, from the year 2005, 10% of the revenue of the national budget, which we identify with completely. If these resources were managed correctly this would be an important contribution to the country and to the communes themselves, since it would take a huge burden to the Central Government. According to Article 21 of Law 176-07, this budget will be distributed as follows:

a) Up to 25% for staff costs, both for permanent staff or temporary contract.

b) Up to 31% for activities and for the operation and maintenance of municipal services to the community.

c) At least 40% for infrastructure, procurement, construction and modification of buildings and purchase of property, including pre-investment costs and investment for local economic development initiatives and social.

d) A 4% for education, health and gender.

These institutions according to Article 11 of this law, are required to file a series of reports to various oversight agencies, such as:

a) The monthly and quarterly budget execution to the Chamber of Accounts of the Republic, to the Directorate General of Budget, the Comptroller General of the Republic and the Dominican Municipal League.

b) The Municipal Budget approved by resolution of the Board of Aldermen, addressed to the Directorate General of Budget, the Dominican Municipal League and the Chamber of Accounts of the Republic.

c) The Balance Sheet Annual, led to the Directorate General of Government Accounting.

d) Report Monthly Works Execution directed to the Chamber of Accounts of the Republic.

All Mayors and Boards of Directors of Municipal Districts, through the Dominican Federation of Municipalities (FEDOMU), which is the union that brings together, with all their rights, demanding that the Central Government delivering 10% of Budget National law that corresponds to them, saying in his speeches that the Founding Father Juan Pablo Duarte considered and raised the flag of the Municipal Power should be the "first branch of government."

But are they really our municipalities prepared, organized and trained to properly manage these resources? Do they all internal control structure established? Do you have an accounting system and a financial system organized? Do they meet budgetary execution? Do you do all your purchasing and procurement of works and services through public tenders, as provided the 340-06 and 449-06? Do they comply with the duty to render the reports for public inspection bodies, which by order of the various laws are required to do: Chamber of Accounts of the Republic (Law 10-04), the Comptroller General of the Republic (Law 10-07), the Dominican Municipal League (Act 49), Governmental Accounting Department (Law 126-01), Directorate General of Budget (LAW 423-06)? The answer to all these questions is that, except for a few exceptions, very few meet these mandates.

The author is a Certified Public Accountant and member of the Chamber of Accounts of the Republic
 

rendul

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Feb 24, 2002
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Seems there are others piping up about this mess in Cabarete. Refreshing and maybe it will be so exposed it can't be ignored! Wouldn't that be great! Newest headline:

Nuria tambien habla de nuestro Canoa y de sus irregularidades en su programa del 29 de junio 2013 | Cabarete noticias

Translation:


Nuria also speaks of our canoes and irregularities in its program of June 29, 2013

June 30, 2013 | Filed under: News | Posted by: caba8255

nuria

Fausto Nuria Acento.com.do rosariode in its program of June 29, 2013, speaks of the "numerous" irregularities of canoes in the District Board of Cabarete:

I am encouraged!
 

rendul

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Feb 24, 2002
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Further on Canoa:

Eddy Morfe, ex director de la junta distrital de Cabarete, nunca pago la fianza de 1 millon de pesos impuesta en septiembre 2012 | Cabarete noticias

A different translator:

" Eddy Morfe, former director of the district board of Cabarete, never paid the bail of 1 million pesos imposed in September 2012

August 7, 2013 | Filed under: News & Events | Posted by: Caba8255

morfe eddy
Eddy Morfe de la Cruz, former director of the district board of Cabarete

on 12 September 2012, canoe and Eddy Morfe received a measure of coercion of 1 million pesos each for the lawsuit filed by the CAPD and SUITED by a mishandling of 185 million pesos in the district board of Cabarete.

The accused has to pay out the guarantee of a time in order to escape from detention. It received a certification of the Court of Puerto Plata which indicates that there is no record of payment of part of Morfe Eddy of the Cross.

In addition to that, a review was conducted in December 2012 of the extent of coercion of the people who had not paid the bail in which was Eddy Morfe and lowered him bail to RD 500,000 in January 2013 which was not paid and was not apprehended.

It must be remembered that Eddy Morfe was director of the district board of Cabarete since November 2008 bringing to force former director Holy Ramirez with the help of canoe. He finished his management in August 2010. It is not a secret to no one, that Eddy Morfe was released by canoe and canoe continued be alderman in Sosua and had his strawman in Cabarete."
 

rendul

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Feb 24, 2002
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9466476154
 

rendul

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Feb 24, 2002
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Another accusation with proof:

Vice-s?ndica de Cabarete acusa a CANOA de falsificar su firma | Cabarete noticias

Translation:

"Vice-ombudswoman Cabarete accuses canoe to falsify his signature

August 8, 2013 | Filed under: News & Events | Posted by: Caba8255

4 checks Raquel sierra_pMUSAVISION.COM ON 7 AUGUST 2013

PUERTO PLATA.- The vice trade unions of the Municipal District of Cabarete sued against the mayor of this municipality and four other people for falsifying his signature to redeem seven checks of the Reserve Bank issued in his name of whose existence he had no knowledge.

Mrs. Raquel saw The madam Sierra presented in the prosecution of this municipality seven checks the account of the Municipal District, to its name signed by Gabriel Mora (alias Canoe) and Yudelca Alvarez in 2011, redeemed by Juan Carlos Alvarez, brother of the municipal treasurer, Juan Manuel Castillo and Oscar Pe?a (both employees of the town hall). All these people are included in the complaint.
The queches have date of January, July, October and November of 2011. One of them is by RD$7,500 and the remaining by RD$20,000 . The madam Sierra calls for the payment of compensation for moral damage materials of five million pesos. The penalty provided in the Penal Code is three to ten years in the case of the counterfeiting of bank write.
The complaint was dated July 24, and is the eighth filed against Canoe, but last week, the general secretary of the Partido Revolucionario Social Cristiano (PRSC) and spokesperson for the reformist deputies, Ramon Rogelio Genao, denounced that reformist mayors of la Romana, Cotui and Maimon, and the Director of the District of Cabarete among others "are being persecuted, vilified and until accused judicially by aldermen and PLD leaders of these municipalities
Genao announced that her organization to defend their mayors, municipal directors and other elected officials "in any field"; because, in his view, it was inexplicable that the attacks originated in the PLD, an allied party.
This is the fourth complaint facing Canoe by corruption. Last February, the attorney general of the Republic, Francisco Dominguez Brito submitted a complaint against the Municipal Director of Cabarete and the former Director Eddy Ramon Morfe Municipal on the Cross for embezzling more than 185 million pesos, of public funds during the years 2004 - 2010. In October of last year was submitted by the Association for the Development of Cabarete (SUITED), and in August of last year by the Direction of Prevention of administrative corruption.
In December 2008 he was subjected to destroy a protected area, it is processed by falsification of the book of records of the District Board (July 2011), has a complaint for shooting against a taxi driver (April 2012) and is the first official rendered by a court for refusing to hand over public information (July 2012). He was subjected again this year for ACCORDANCE by refusing again to deliver public information.
The lawyer of ACCORDANCE has reported that the justice system in Puerto Plata acts with "very slowly" in the proceedings against the municipal official. Adapts it also asked the judicial authorities accelerate the knowledge of these cases.
In the process initiated by Dominguez Brito have fixed two hearings, the first was postponed because one of the accused pleaded sick, and the second because Canoe fired their lawyers for not to have the funds to pay his fees."

9466556630



This is simply nauseating!
 

drstock

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Oct 29, 2010
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Nauseating indeed! What a circus - continuing with these cases when apparently nobody involved has any interest in reaching a conclusion. I wonder what would happen if we mere mortals wanted to have hearings postponed because we were sick or decided our money had vanished so that we couldn't pay lawyers!
 

ADECA

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Apr 22, 2009
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Just to keep you all up to date, in the hearing today on the corruption charge brought by ADECA and the Public Ministry's anti-corruption office, Canoa got his third extension of the hearing. This time to October 8. The first was because co-defendant Eddy was convinced by Canoa not to show up. The second was because Canoa claimed he had no money to pay his lawyer. This time he showed up with lawyers who came up with questionable process issue that the judge agreed to accept. On his way out of court Canoa was met by an aguacil (court official) who delivered notifications of two new criminal suits against him for forgery. He tore up those documents and threw them on the floor screaming obscenities at the aguacil.
 

rendul

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Feb 24, 2002
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Is it because the judges are dense or what? Is he on Canoa's payroll? I would have loved to have been there for that! Keep up the barrage but be careful - he could blow pretty soon.
 

ADECA

New member
Apr 22, 2009
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It' a she -- jueza. I'm sure she'd say she is just giving the benefit to the acused so he can't appeal based on unfavorable pre-trial decisions. Harder to explain is why each postponement is for periods much longer that proscribed for such postponements. One would think that a trial of such public interest would merit a little priority, particularly since Canoa continues to run the ayuntamiento distrital as he always has.

As to whether there are politicals with clout in the judicial system who are known to want to protect Canoa from being convicted, that is certainly the case. Whether it has had an effect so far on the glacial pace of the proceedings is hard to prove.
 

ADECA

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Apr 22, 2009
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Canoa's frequently postponed preliminary hearing on the corruption case brought by the Public Ministry's office to combat corruption and ADECA was scheduled for yesterday. This time Canoa's lawyer presented a medical certificate indicating that he was hospitalized for hypertension and needed five days of bedrest. The three prosecutors and the ADECA lawyer, all of whom had come from Santo Domingo for the case, huddled and proposed a 2 hour recess during which time they proposed to have a government certified doctor examine Canoa in the clinic and report back the validity of the diagnosis. The judge doubted the feasibility of that, and in any case was not inclined to reschedule the hearing for the afternoon when normally they don't have hearings. So she granted another postponement, but at least this time it was for only 13 days. Canoa was seen around town that afternoon and working in his office in the ayuntamiento distrital the following day.
 

drstock

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Oct 29, 2010
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You might think that the government people being made to look so foolish would get so p....d off that they would persuade the highest powers that be to put a stop to it. But I guess it is a matter of who has the most powerful friends. Roll on thirteen days time to hear the latest excuse!