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The investigation was initiated on the basis of information that V. Simelis, who won the mayoral elections in April, was sworn in at the beginning of May while still holding the position of head of the Municipality’s Heritage Protection and Tourism Division, and only requested his resignation in June.
According to the law, the powers of a member of a city council terminate before the expiration of the term, unless he resigns from functions incompatible with those of a member of the city council.
The mayor himself says that the violation is formal, it was committed by negligence and points out that there was no personal benefit from it.
“It just came to our attention then. It’s a formality, I didn’t get personal benefit from it. As the CEC decides, this will be the case, and the criteria of reasonableness and humanity must be included anyway, ”V. Simelis told BNS.
According to the law, the duties of a member of a municipal council are incompatible with the duties of an official and an employee of the municipal administration working under an employment contract.
After receiving a notification that the mayor had not stopped working in the same municipality before taking the oath, the CEC addressed a request to the municipal administration of the Radviliškis district.
CEC President Jolanta Petkevičienė reported during the meeting that she had received a response that the new mayor had been sworn in on May 6 and was removed from his post in the municipality only a month later.
“The mayor was sworn in on May 6, but was not relieved of his duties as an official in the same municipality until June 7, and requested the removal of the administration only on June 4,” said the head of the commission.
According to the president of the CEC, the timesheet shows that the mayor did not receive double pay.
“Until the day of the oath, he was paid for the duties of a civil servant and, as of May 6, he was paid the salary of the mayor,” said J. Petkevičienė.
The mayor says that he has not held two positions, according to him, this is also shown in the records, after he has not received the salary of a sworn official.
“There was the slightest negligence, I really did not hold two positions, I was sworn in on May 6 and the certificate of councilor-mayor was delivered. There were not two positions, it is an oversight ”, said the mayor.
He argued that, in a purely formal view of the law, he would not have been able to fulfill his obligation to resign ten days before the hearing.
“If we look at the law literally, (resign) at least ten days before, I didn’t even have time to physically write for ten days, because the election was confirmed on April 29 and the first session was held on May 6, including ten days formally. ”- affirmed V. Simelis.
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