Order of the Minister of Transparency, Participation and




The Legal Consultant

summary

The Minister for Transparency, Participation and Cooperation was created by Decree of the President no. 2/2023, of January 17, on the reorganization of the Regional Administration.

By Decree of the Council of Government no. 3/2023, of January 23, the Directive bodies of the Minister of Transparency, Participation and Cooperation will be produced, attributing to them the powers that correspond to them.

The achievement of efficient management of the functions assumed by this Director makes it advisable to delegate powers to the heads of the governing bodies who, due to their specialization, can also contribute to achieving this end.

By virtue, in accordance with the provisions of Law 7/2004, of December 28, on the Organization and Legal Regime of the Public Administration of the Autonomous Community of the Region of Murcia, in accordance with article 9 of Law 40 /2015, of October 1, of the Legal Regime of the Public Sector

I resolve:

First. Delegate to the heads of the governing bodies indicated below the powers on the following matters:

  • 1. Budget management.

    The following powers are delegated, without prejudice to the specific budgeted management delegations made by subjects in this order:

    • a) General Secretary:
      • 1. The authorization of the modifications of budget credits that the Consolidated Text of the Finance Law of the Region of Murcia attributes to the head of the Councilor, such as the proposal of the modifications of the budget credits that said norm attributes to the head of the Councilor in matters of Finance or the Governing Council.
      • 2. The proposal to the head of the Ministry of Finance for the Governing Council to authorize the modification of porches or number of annual payments of commitments of multi-year expenses, in accordance with the provisions of article 37.4 of the Text Consolidated of the Finance Law of the Region of Murcia.
      • 3. The declaration of undue payments that will occur in any of the spending programs of the Director.
      • 4. The authorization, the commitment of the expense, the acknowledgment of the obligation and the payment proposal charged to the appropriations included in chapter 1 of all the expense programs of the Director.
      • 5. The authorization, the commitment of the expense, the acknowledgment of the obligation and the proposal to pay the expenses to be made for amounts greater than 100.000 euros, charged to any of the budgetary programs of the Director.
    • b) General indications:

      The authorization, the commitment of the expense, the recognition of the obligation and the proposal of payment of the expenses to be made for an amount not exceeding 100.000 euros and charged to the budgetary programs of the respective General Directorates.

    • c) Deputy Secretary:

      The authorization, the commitment of the expense, the recognition of the obligation and the proposal of payment of the expenses to be made for an amount not exceeding 100.000 euros, whose application corresponds to the budgetary program 126L.

  • 2. Interior of the personal regime.

    General secretary:

    • 1. The powers of proposal related to jobs and personnel of the Director.
    • 2. The authorization of the payroll, including the bonuses for extraordinary services, as well as the budgeted acts of execution that it entails.
    • 3. The approval of the department's annual vacation plan prior to the proposals made by the heads of the governing bodies.
    • 4. The imposition of the disciplinary sanctions that the current legislation attributes to the head of the Counselor, in relation to the staff of the same.
  • 3. Hiring and commissions to personified own media.
    • a) General Secretary:
      • 1. The exercise of all the powers and actions confirms to the contracting authority of the applicable regulations, except those related to the Framework Agreements, issuing all the budgeted execution acts that are linked to or are a consequence of said actions, whatever their imputation and budget program, all without prejudice to the powers delegated to the heads of the Vice-Secretary and the General Directorates.

        However, actions are excluded from this delegation when the base budget for the contract tender exceeds 600.000 euros:

        • – The initiation agreement, the approval of the file and the authorization of the expense.
        • – The adjudication and formalization of the contract, such as the commitment of the expense.
        • – The modification of the contract.
        • – The termination of the contract.

        Likewise, the modification of the contracts is excluded from this delegation when its amount, accumulated to the original contract, franchise of 600.000 euros, VAT included.

      • 2. If it is carried out charged to the budgetary programs that correspond to the management of the General Secretariat due to matters within its competence:
        • a) The approval of invoices and documents that prove the fulfillment of the object of the contracts, as well as the acknowledgment of the obligation and the payment proposal, without limits.
        • b) Approval of the corresponding technical project in the works contracting files.
        • c) The execution of minor contracts, such as the budgeted execution acts that they entail, without prejudice to the powers delegated to the head of the Vice-Secretary
      • 3. The execution of commissions to own personified means for an amount not exceeding 200.000 euros, issuing all the acts of budgeted execution that are linked or are a consequence of said celebration, charged to any of the budgetary programs of the Director, without prejudice of the powers delegated to the heads of the General Directorates and the Vice-secretary.

      This delegation includes the approval of the invoices and documents that prove the execution of the orders, as well as the acknowledgment of the obligation and the payment proposal that are made from the budgetary programs that correspond to the General Secretariat to manage due to the matters of its competence, without limit of how much.

    • b) General indications:
      • 1. The execution of minor contracts that are carried out under the budgetary programs of the respective General Directorates, as well as the budgetary execution acts that they entail.
      • 2. In the works contracting files that are processed under their respective programs as budgetary, the approval of the corresponding technical project.
      • 3. The execution of the commissions to own means personified, dictating all the acts of budgeted execution that are linked or are a consequence of said celebration, charged to the budgetary programs of the respective General Directorates, whose quota does not exceed 50.000 euros.
      • 4. The approval of the invoices and documents that prove the fulfillment of the object of the contracts or of the orders to own means personified, as well as the recognition of the obligation and the payment proposal, which are carried out with charge to their respective budgetary programs. , without limit of how much.
    • c) Deputy Secretary:
      • 1. The execution of minor contracts that are carried out under the budgetary program 126L, as well as the budgetary execution acts that they entail.
      • 2. The execution of the commissions to own personified means, dictating all the budgeted execution acts that are linked to or are a consequence of said celebration, charged to the budgetary program 126L whose quota does not exceed 50.000 euros.

        This delegation includes the approval of the invoices and documents that prove the completion of the orders, as well as the acknowledgment of the obligation and the payment proposal that are made under the budgetary program 126L, without quota limit.

  • 4. Legal regime.

    a) General Secretary:

    • 1. The resolution of appeals regarding the acts dictated by the heads of the other governing bodies of the Councilor.
    • 2. The resolution of the appeals for replacement regarding the acts dictated by delegation, by the heads of the governing bodies of the Director.
    • 3. The resolution of the patrimonial responsibility files that affect the Director.
    • 4. The resolution of requests for access to public information that corresponds to the Director.
    • 5. The referral of the corresponding administrative file, upon request of the competent court, under the terms provided in article 48 of Law 29/1998, of July 13, on contentious-administrative jurisdiction.
    • 6. Provide what is necessary for the execution of judicial decisions.
    • 7. Request information from the Directorate of Legal Services, how to make inquiries and request opinions from the Legal Council of the Region of Murcia and the Economic and Social Council, including the authority to authorize the copy of the final text of the proposal act or draft provision of a general nature that constitutes its object.
  • 5. Grants.
    • a) General Secretary:
    • b) General indications:

      The same administrative and budgeted execution powers that are delegated to the General Secretariat are delegated to the General Directorates, provided that the expenses generated are charged to the credits included in their budget programs.

  • 6. Collaboration agreements.

    They delegate in the title of the Secretary General and in the titles of the General Directorates, in relation to the credits also included in the respective expense programs, the recognition of the obligation and the payment proposal of the economic contributions that correspond to the Transparency Counselor. , Participation and Cooperation by virtue of the collaboration agreements without subsidies that it signs with public and private entities, without quota limit.

    The approval of the liquidation derived from the fulfillment or resolution of said agreements, and the actions related to the refunds that in this case result, are also delegated to the aforementioned bodies.

Second. The delegation of powers may be revoked at any time.

Likewise, the head of the Director may delegate competence in one or more matters, when circumstances of a technical, economic, social, legal or territorial nature make it convenient.

Third. The agreements adopted in the exercise of the aforementioned delegated powers will expressly indicate this circumstance, such as the reference to this order and its date of publication in the Official Gazette of the Kingdom of Murcia.

Room. In cases of absence, vacancy or illness, the exercise of the delegated powers provided for in this order will be exercised under the general regime of substitutions established at any time in the Order of the Minister of Transparency, Participation and Cooperation, by which designate temporary substitutions for the ordinary dispatch of affairs.

Fifth. This Order takes effect the day after its publication in the Official Gazette of the Region of Murcia.