The recent appointment of the current director of the Procurement Agency (DGCP), Carlos Pimentel as the director of the Public-Private Alliances Agency (DGAPP) has created a controversy.
Carlos Pimentel has been the director of DGCP since the start of the Abinader administration.
On 23 October 2024, the Presidency announced Pimentel was named to the new Public-Private Alliances director position, but also allowed to stay as director of the Procurement Agency. It was determined he will not receive the pay for staying on at the DGCP.
The law that creates the DGAPP clearly establishes that the incumbent cannot hold another position that is not that of a professor.
Likewise, another controversial issue is that the director of the DGCP is on the board for decision-making of the public-private alliances, with voice and vote. The director of the DGAPP only has voice in the choice of the beneficiaries of government alliances.
Carlos Pimentel has said he would inhibit himself from participating in decisions that can be regarded as conflicts of interest.
Listin Diario published information on a letter whereby the legal advisor to President Luis Abinader, Antoliano Peralta, would have given his opinion that Carlos Pimentel would find himself amidst conflicts of interest if he took both positions.
Others such as influential lawyer Francisco (Pancho) Alvarez defend the appointment saying that it is a way for the government to save money. Alvarez for years has been a spokesperson for the civic society movements. He argues that Carlos Pimentel’s appointment is temporary, lasting 12 months, during which he is expected to submit a detailed proposal for the structural and regulatory adjustment of the Public Procurement Agency (DGCP) and the Public-Private Partnerships Agency (DGAPP).
Citizen Participation (PC), the civic watchdog group, is against the dual appointment. PC stated:
“Citizen Participation understands that the appointment of Carlos Pimentel as the executive director of the Public-Private Partnership Agency faces questions about its legal legitimacy, as well as the practicality of having one official divide their time and efforts between two demanding roles, both of which involve significant challenges related to transparency and institutional integrity.
“We do not question the President’s intentions in assigning this new responsibility to Carlos Pimentel, nor do we doubt Pimentel’s willingness to accept it. However, the biased interpretation of various articles from different laws is not a solid foundation for roles that require a high degree of legitimacy, such as those assigned to this official.
“It is clear from the Constitution and several laws that the purpose of the legislation is to prevent the concentration of multiple public offices in a single individual. In this case, we are not dealing with minor positions, but rather roles that constantly confront strong and varied interests, necessitating absolute legitimacy. If the intention behind the appointment is to initiate a process of merging these institutions, we are confident that Carlos Pimentel would excel in either the DGCP or the APP without the need to hold both positions and face so many questions.”
Likewise, the Foundation for Institutionalism and Justice (Finjus) established Carlos Pimentel is likely to see himself in a continuing situation of conflicts of interest and has spoken against the dual appointment.
Read more:
El Nacional
Listin Diario
Listin Diario
Listin Diario
DGII
Diario Libre
Participacion Ciudadana
Roberto Cavada
28 October 2024