THE ATTORNEY-general yesterday said the current draft of a bill providing for the removal of local authority officials under investigation was unconstitutional since elected officials could not be treated the same way as public servants.
The bill coincided with the ongoing investigation of Paralimni mayor Nicos Vlittis, who has been accused of abusing his power.
The House expedited discussion of the bill to put it in effect as soon as possible but yesterday evening Attorney-general Solon Nikitas told the House Interior Committee the draft was in conflict with the constitution.
The main argument behind the bill was that officials could, if in office during an investigation, destroy evidence or corrupt witnesses.
Nikitas said that local authority officials were elected by the people and as such only had political responsibility and could not be disciplined in the same way public servants could.
The standard practice in the public service is to suspend any public official suspected of wrongdoing.
Concerning the destruction of evidence and corruption of witnesses, Nikitas said both offences were covered by the criminal code and anyone suspected of attempting to do so could be prosecuted.
Asked whether it was easy to prove such offences, Nikitas said it depended on the circumstances of each case.
“There have been convictions on several cases,” the Attorney-general said.
“It would be difficult to proceed with this bill as is,” Nikitas added.
The Union of Municipalities stressed that an elected official could not be suspended during a criminal investigation, adding that any charges against mayors and councillors should be substantiated.
The Chairman of the Union, Nicosia Mayor Michalakis Zampelas, expressed concern regarding the generality of the terms ‘police’ and ‘criminal investigation’.
Including these terms could enable any individual to hurt the officials causing them to be removed from their duties for indefinite periods, Zampelas said.
The Union said cases involving local officials should be treated in a similar manner as deputies who enjoy immunity unless it was lifted by the House.
“The removal of a mayor or any municipal councillor should be carried out through a Supreme Court decision after a substantiated request from the Attorney-general,” Zampelas said.
The Union suggested that discussion continue until the issue was settled in a collective manner that bolstered democracy and transparency in local authorities without endangering the operation of the institution.
