For May 13 at 11:45 a.m., the Administrative Court in Dobrich has scheduled the case at the request of the regional governor Yordanka Kostadinova against the Municipal Council in the regional city.
It is in connection with the complaint by the regional governor, filed in the Administrative Court of Dobrich to contest the decision of the Municipal Council on the new salary amounts of the mayor, his team and the municipal councilors.
According to her powers – to control the legality of acts of local self-government, Kostadinova considers the decision to be illegal in violation of the requirements of the Law on Local Self-Government and Local Administration (LSMA) and the Decree of the Council of Ministers of April 14, 2010 on salaries in budgetary organizations and activities. In the grounds of his complaint, the regional governor states that, according to the requirements in the ZMSMA, the mayor is the submitter of a proposal to change the labor remuneration. In the said Decision, the petitioner is the deputy mayor. In the complaint, the regional governor also indicates the absence of reasons for an increase, in accordance with the requirements of the Resolution of the Council of Ministers on salaries in budgetary organizations and activities.
“With the provision of Art. 21, para. 1, item 5 of the ZMSMA, the legislator granted the authority to the municipal council to determine the labor remuneration of the mayors within the framework of the current regulations, and PMS No. 67 of 14.04.2010 defines the persons, including mayors, who can receive basic monthly salaries if funds are available for salaries according to the budget. In order to comply with the requirement of Art. 21, para. 1, item 5 of the ZMSMA, the will of the relevant municipal council, availability of free funds from the municipality’s budget for salaries at the date of voting on the decision and a specific proposal of the mayor of the municipality, which in the specific case is missing from the attached transcripts of decisions under Protocol No. 6 of the Municipal Council of Dobrich additional materials” – is stated in the complaint of the regional governor Yordanka Kostadinova to the Administrative Court of Dobrich, expressing the opinion that the listed facts are sufficient grounds for the cancellation of Decision No. 6-6.
Challenging such a decision in court is not a precedent, because in the practices of the administrative courts in the country and the Supreme Administrative Court there are rulings against decisions to increase labor remuneration in municipalities in the country, points out Yordanka Kostadinova and adds: – “According to Art. 45 , para. 4 of the ZMSMA, contesting the decision in court suspends the execution of the adopted decision”.
