Portal de Totana
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On December 10, the two-year deadline given to the municipalities to comply with the famous Law of Transparency, Access to Public Information and Good Governance was met.
Since that day all the municipalities of Spain are obliged by law to have published in their websites "in a clear, structured and understandable" municipal budgets;
The salaries of their senior positions;
Signed contracts, grants awarded, and a multitude of data.
From a study carried out by the association "MAKE IT TRANSPARENT" on a sample of 54 Town Councils - chosen from the main cities of different provinces and autonomous communities (Málaga, Zaragoza, A Coruña, Alicante, Lleida, Cantabria and Castilla la Mancha) - analyzed their Web sites to check if they have published the seven main data required by law (Remuneration of senior officials, declaration of councilors' property, budgets, inventory of real estate, contracts, agreements and subsidies).
Analyzing the websites of each municipality, they verified the devastating panorama of municipal transparency: Only 11% of the municipalities analyzed had published these seven basic data, that is, 89% of the municipalities analyzed fail to comply with the Transparency Law.
Let's look at the results in more detail:
Interestingly, some of these municipalities fail to comply with the legal obligation to publish the salaries of all their senior posts, but they have a prominent place on their website that the Mayor has lowered the salary.
52% have not published the declaration of property of councilors: It is surprising the degree of non-compliance of this section, since the obligation to publish annually the assets of elected representatives is not new, since it is contained in the Law of Bases of Local Regime, only that until now gave a lot of freedom to the city council to decide both the form and the format in which it should be published.
Some municipalities seem not to have been aware that the Transparency Law requires active publication in municipal websites, so we continue to find municipalities that say that the declarations of property are guarded by the secretary general and give a phone to request a Appointment to see them or others who say they will not publish them until they reform the organic regulation of full
58% did not publish the real estate inventory
68% did not publish all the contracts signed by the City Council: Almost all the municipalities analyzed (although not all) have a "contractor profile" section, where all the information on "major" contracts is available and which is Compulsory since 2007, but few have adapted to the new obligation that marks the transparency law to also publish minor contracts.
We must remember the importance of this fact, since around 80% of the contracts signed by a municipality are smaller contracts.
70% have not published the list of subsidies and agreements: We have found that it is common practice to "fill" the "subsidies" section of transparency portals simply with the bases, but not the resolution of the calls, which is the Way of knowing what the law demands: how much has been granted, to whom and for what.
[It should be clarified that the fact that this section is where we find a greater failure is due to the fact that we have methodologically linked these two data (subsidies and agreements) in a single section, and there are municipalities that have published the subsidies but not the agreements and vice versa].
And 24% have not even published the municipal budgets: It is surprising that such a basic data is not in one of every four municipal websites, and that in this superficial analysis we have given for good to everyone what they had published at least one summary Of the annual budget, without stopping to analyze whether they fulfilled the legal obligation to include "up-to-date and comprehensible information about their state of execution", which seems to be systematically ignored.
MOTION TO THE ORDINARY PLENARY OF THE INDEPENDENT COUNCILOR D. JUAN CARLOS CARRILLO RUIZ:
On December 10, 2013, the Law 19/2013, of December 9, on transparency, access to public information and good governance was published in the BOE.
Among other things it says in its PREAMBLE I:
"Transparency, access to public information and the rules of good governance must be the cornerstones of all political action.
Only when the actions of public officials are subjected to scrutiny, when citizens can know how decisions are taken that affect them, how public funds are handled or under what criteria our institutions act can we speak of the beginning of a process in which The public authorities begin to respond to a society that is critical, demanding and requires public participation. "
The 10 of December of 2015 fulfilled the term of two years that was given to the municipalities to adapt and to comply with the legislated in the respect.
From that day all the Town halls of Spain are obliged, by law, to have published in their webs the municipal budgets;
The salaries of their public political offices;
Signed contracts, grants awarded, and a multitude of data.
In order to comply with this law, mere publication of data is not enough.
The transparency law establishes that "all information will be comprehensible, easily accessible and free", obliging to establish "adequate mechanisms to facilitate the accessibility, interoperability, quality and re-use of published information as well as their identification and location ".
The information must be visible and be easily accessible, since it would be contrary to the very spirit of the Law that information was "half hidden".
Although at the beginning of this legislature some movements began to enforce this law.
The website of our City Council, in its section "PORTAL DE TRANSPARECIA", totally breaches the law to which it is alluded.
The little information that comes out of it with some real interest for the totaneros and that this Councilor has come to see, as can be the "ANNUAL BUDGET", are not published today for the 2016 financial year and those who Are published, are not broken down by subject.
Regarding the section "CONTRACTS AND COSTS OF SERVICES", it has not been updated since mid-2016. The law also says that, "all information will be understandable and easily accessible ...".
In short, our municipal website in relation to this law and never better said, just do that, "cover the page".
At the level of purely political criticism.
It would be necessary to make some memory and also remember that during the "din of the political battle" of the last municipal elections of 2015, this law, citizen participation and truthful and quality information and in time and form totaneros on the Final destination of their tax money.
They were the spearhead of all the programs and speeches of the political parties that today, occupy the seats of the plenary of this City.
For all the above and in defense of the interests of all totaneros, the following proposals are submitted to this plenary to be approved by the other municipal political groups.
Understanding that they are the only way to comply with Law 19/2013, of December 9, of transparency, access to public information and good governance.
FIRST PROPOSAL: It is recommended to consult as a practical example and a good work in this respect, the official website of Alcantarilla Town Hall in its section of "TRANSPARENCIA" and successive.
In the official website of the City of Totana must include in the shortest possible time, among other information that could mark the law, the following that is detailed below, having to be updated in time, form and permanence character and disaggregated in a sufficiently clear way And deductive so that those interested in consulting specific sections can reach them with the least possible loss of time.
If there is any information that is detailed below, it is not clear and visible at first sight today;
Major and minor contracts.
Grants requested and granted.
The annual budgets.
Urban and other types of agreements.
Total monthly salaries for political offices and their annual estate declarations.
The total remuneration of the rest of the staff hired in any of its categories.
Statistical information on quality of services and degree of compliance.
The relation of Inventory of municipal properties.
Accounting Information on: Settlement of the budget.
Accounting Information about: Execution accounting exercise.
Accounting Information about: General Account.
Accounting information on: Basis of execution of the budget.
Accounting information on: Budget execution states.
Accounting information on: Consolidation and debt.
A historical archive of plenary sessions with video and press conferences.
SECOND PROPOSAL: To mark as maximum period of time for the achievement of these objectives, the month of January of the year 2018.
Source: Juan Carlos Carrillo / Totana.com
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