For months now we are witnessing mutual exchanges of compliments, statements of esteem and affection between the members of our municipal administration, manifested as “de visu” in the City Council, and using the media: press, facebook, twitter.
You could make a long list of hits, parades and responses (to use a jargon of fencing trying to give the whole air more “noble”) between most of our city councilors but if you want to deepen just look on “social” or on local newspapers such as Maxima Notizie or ventiquattro.it
Here it is more interesting to analyze the facts and, specifically, the approval of the three-year forecast budget (available on the Municipality website) voted during the last meeting of the city assembly held on March 15th.
Without entering into the merits of the budget, which also saw a rather heated debate within the Council, the fact that appears anomalous is that the approval took place with the favorable vote of only 5 directors out of the 12 present (author’s note: of 13 total ).
This “strangeness” is made possible by paragraph 5 of article 25 of the current Municipal Statute that allows matters of great importance to be adopted by the assembly, in the absence of votes against, even with the favorable vote of a single director.
5. The resolutions are validly accepted if they obtain an absolute majority of valid votes, excluding abstentions from the calculation.
(Article 25 of the Statute of the Municipality of Cellamare (from the official website of the Municipality)
Paragraph 5 would seem (author’s note: the conditional is a must because it has not found the official document) result of a change in the bylaws made by the previous administration led by Michele Laporta.
1. The resolutions of the city council are resolved with the favorable vote of the absolute majority of the voters, except in cases where the law or the bylaws require a qualified majority
(Article 38 of the Regulation on the functioning of the City Council (from the official website of the Municipality)
Looking, as already stated, to stay with the facts, however, we note that the provisions of the bylaws are of the least doubtful compatibility with the provisions of the Regulation on the functioning of the City Council in Article 38.
The inconsistency between the two documents would actually lead to the hypothesis of a postiche change to the Statute not coordinated with the dictates of the Rules.