Tribunal Electoral Metropolitano declaró admisible requerimiento de cesación del cargo contra la alcaldesa de Cerrillos

El requerimiento acusa a la edil de incurrir en la causal prevista en el artículo 60 letra c) de la Ley Orgánica Constitucional (LOC) de Municipalidades.

Se presentó denuncia ante la I Contraloría Regional Metropolitana de Santiago, porque en dependencias de la Municipalidad de Cerrillos y en horario laboral, la alcaldesa Lorena Facuse y su equipo de gestión estarían llevando a cabo reuniones políticas, adjuntándose como evidencia dos minutas que darían cuenta de ellas, de fechas 7 de septiembre y 13 de octubre de 2021.

Requerida información, el Administrador Municipal de esa entidad edilicia, comunicó que los temas tratados en las reuniones mencionadas se encuentran vinculados al funcionamiento normal del municipio, con la intervención de colaboradores directos e indirectos, en torno a un período de ajuste e instalación de la nueva administración, delimitándose una estrategia funcional a desarrollar e implementar.

Al respecto, el ente contralor señala que los funcionarios públicos se encuentran sometidos al principio de probidad administrativa, conforme con lo dispuesto en los artículos 8 de la Constitución y 3 de la Ley N°18.575, razón por la cual deben abstenerse de realizar actividades políticas en el ejercicio de sus cargos.

En la especie, advierte que existen dos documentos con el título “Minuta Reunión Política”, el primero de ellos de 7 de septiembre de 2021, el que alude a una reunión que se habría llevado a cabo en dependencias de la Alcaldía, con la participación de los funcionarios que indica, cuyo propósito fue el tratamiento de diversas materias de interés comunal, siendo recurrente la utilización de los vocablos “político” y “política”.

Añade que la minuta de 13 de octubre de 2021 da cuenta que se habría llevado a cabo una nueva reunión en dependencias municipales, con la concurrencia de los funcionarios que indica, en la que se habrían discutido variados asuntos del trabajo que lleva a cabo esa administración. No obstante, una de las materias tratadas consignada con el título “Apoyo a candidaturas”, alude a los respaldos mutuos que se podrían obtener con el Partido Comunista, con Parlamentarias y Parlamentarios de la República y con un Consejero Regional, aspectos que no guardan relación con el quehacer propio de ese ente edilicio y cuyo tratamiento importaría una contravención a la preceptiva que regula la materia.

Sin perjuicio de lo expuesto, hace presente que no cuenta con atribuciones para aplicar sanciones a los alcaldes, pues, conforme a lo previsto en la LOC de Municipalidades, ello depende de la voluntad de un tercio del Concejo Municipal en orden a interponer el requerimiento pertinente ante el Tribunal Electoral Regional competente, y, luego, de la decisión que dicho órgano jurisdiccional adopte.

Por consiguiente, concluye que corresponde que el Concejo Municipal de Cerrillos, en el ejercicio de sus atribuciones legales y reglamentarias, determine las acciones a seguir motivo por razón por la que remitió una copia del pronunciamiento a la Secretaria Municipal de Cerrillos, a fin de que lo pusiera en conocimiento del referido Concejo en la sesión más próxima que celebrare.

En tal contexto, dos concejalas del municipio presentaron requerimiento de cesación del cargo de la alcaldesa Lorena Facuse Rojas ante el Segundo Tribunal Electoral de la Región Metropolitana, en virtud de la causal establecida en la letra c) del artículo 60 de la LOC de Municipalidades, esto es, por notable abandono de deberes y por contravención grave a las normas sobre probidad administrativa.

El Tribunal declaró admisible el requerimiento, ordenó realizar las notificaciones pertinentes y ofició al Primer Tribunal Electoral de la Región Metropolitana, para que informe si se han interpuesto dentro de su turno, requerimientos contra la autoridad requerida.

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