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People sanctioned by an administrative infraction will have the possibility of carrying out works for the benefit of the community as an alternative to the execution of the economic amounts.

The regulatory ordinance of the procedure received yesterday the approval of the commission that has worked in the last months in its elaboration.

According to the approved text, work for the benefit of the community is considered to be the provision of unpaid personal cooperation in certain activities of public utility, with social interest and educational value, tending to serve as a reparation for the community harmed by the administrative crime.

As a guide, you can develop in the services of environment, sports, social welfare, youth, culture, libraries, public cleaning, maintenance and repair of street furniture and signage.

Anyone who is found guilty of an administrative offense, of legal age in unemployment or otherwise, who obtains financial resources for an amount less than three times the salary will be eligible for this procedure - always on a voluntary basis. minimum interprofessional, provided that it is reliably proven at the time of requesting the commutation of the pecuniary sanction, and provided that they expressly accept it.

The violation of municipal ordinances must involve an economic amount equal to or greater than 50 euros and not exceed 1,500 euros, but exclude tax penalties, urban and traffic, those imposed on legal persons, groups of affected, unions and entities without legal personality and independent or autonomous assets or recidivist behaviors, understood as such, have been sanctioned by a final decision, in the two years prior to the date of commission of the offense, for an infringement of the same type.

The procedure to follow to qualify for the substitution of pecuniary sanctions for work for the benefit of the community is as follows:

- In the initiation of the procedure, the interested party must be informed about the option of requesting the substitution of the pecuniary sanction for work or services for the benefit of the community, provided that it meets the requirements established in the ordinance.

If the offender acknowledges his responsibility, the competent body to resolve the procedure will apply reductions of at least 20% of the total work or services to be commuted, its effectiveness being conditioned to the withdrawal or waiver of any action or appeal administrative against the sanction.

The interested party may not request the substitution of the pecuniary sanction for work or services for the benefit of the community once the sanctioning resolution has been issued with the imposition of the appropriate economic sanction.

- Within the period granted to present allegations to the opening decision or, where appropriate, the statement of objections, the interested party must state his request to comply with the corresponding sanction by performing work or services for the benefit of the community.

- Once the application has been formulated and verified that it meets the requirements, the instructor will request a report from the corresponding municipal service to assign the work or service, so that within ten days he proposes those he considers most appropriate, establishing a place and duration in days and hours. as well as those responsible for its control and monitoring.

- The proposed resolution of the sanctioning file will include the proposal of admission or not of the requested, and if so, the jobs or services assigned to it will be described.

- The sanctioning resolution should expressly mention the admission or not of the request to comply with the sanction through the performance of work for the benefit of the community, and if so, will include the description of the work to be done, which must begin after one month from the notification of the resolution of the sanctioning procedure.

- The mere presentation of the request for substitution or commutation will not produce as effects the suspension of the term to resolve the sanctioning case from which it is caused.

- The person responsible for the follow-up, at the end of the activity or during the activity, in case of unjustified non-compliance, will submit a report in order to determine and propose the degree of non-compliance appreciated.

Likewise, the person responsible for the follow-up will submit a report on compliance with the ordered work, which will entail a resolution declaring the penalty complied with and filing the file of the pecuniary sanction.

- The withdrawal or non-acceptance of the work or service activity for the benefit of the community, or the unjustified breach of the same, will entail the continuation of the procedure for the collection of the pecuniary sanction.

- In any case, a temporary interruption with suspension of the compliance period may be requested, the interested party must justify the impossibility thereof, for a period not exceeding one month except in cases of very serious illness.

In no case may the total duration of the measure, including the period of suspension, exceed the statute of limitations for the sanction.

Allegations and suggestions

Once the work of drafting the ordinance by the commission has been completed, it will now proceed to publicize it in the phase of prior consultations, so that the neighbors can make allegations or formulate suggestions during a period of fifteen working days.

Subsequently, it will be presented as an ordinance project for approval by the Governing Board, and in September it will be submitted to the Plenary, following the opinion of the informative commission, for its initial approval.

Then a period of thirty days of public exposure and final approval will begin.

Fifteen days after its publication in the Borm, it will come into force.

Source: Ayuntamiento de Murcia