Sesión Extraordinaria del Concejo Municipal 8 am 16-01-26

Council Session Begins

Opening Remarks and Quorum Verification

• The session of the Extraordinary Council is called to order at 8:19 AM. The secretary is instructed to verify if a quorum is present.

• A list of council members is read, confirming that the quorum required by regulations has been met. The mayor acknowledges this confirmation.

Agenda Overview

• The first agenda item involves approving the formation of ordinary commissions for the District Council of La Molina for 2026. The secretary is asked to read this point aloud.

• Members are invited to express their opinions regarding the proposed commission structure for 2026. There are calls for any regidor (council member) who wishes to intervene.

Legal Opposition Raised

Arguments Against Proposed Commissions

• Regidor Carlos Talavera presents a legal argument against the proposal, stating it lacks constitutional and legal support, emphasizing his opposition to the approval of ordinary commissions and special decorations committee.

• He cites Article 9, numeral 15 of the Organic Law on Municipalities, asserting that forming commissions is an exclusive power of the Municipal Council and cannot be delegated to the mayor. This claim highlights potential overreach by local governance structures.

Legal Precedents Cited

• Talavera references Constitutional Tribunal rulings indicating that councils cannot delegate their exclusive competencies to mayors, reinforcing his stance against ordinance 357 which he claims violates legal norms and undermines municipal authority.

• He announces plans to file a popular action lawsuit against this council agreement due to its reliance on infralegal norms that violate principles of legality in local government structure.

Concerns Over Democratic Integrity

Independence and Accountability Stressed

• Talavera expresses his commitment to independence during his tenure, highlighting past actions taken against irregularities as part of his democratic duty towards constituents, rejecting any unilateral or non-consensual proposals from leadership as undemocratic practices.

Support for Mayor's Proposal

Counterarguments Presented

• Regidor Ralf Sánchez supports the mayor’s position by referencing Article 9, numeral 15 again but argues that proposing commissions does not contradict existing regulations; he notes this practice has been ongoing since 2018 without prior objections or violations noted in law compliance discussions.

Voting Process Initiated

Vote on Commission Formation

• A vote takes place regarding the approval of ordinary commissions for regidores in La Molina for 2026; results show majority approval with one abstention and one dissenting vote from Talavera who formally registers his opposition based on outlined concerns about legality and governance integrity issues raised earlier in discussions.

Meeting Summary of La Molina District Council

Approval of Special Commission for Decorations

• The council discusses the formation of a special commission for decorations in La Molina for the year 2026. A call is made for regidores (council members) to express their opinions on the matter.

• A vote is conducted, and the motion passes with a majority, despite one vote against and one abstention. This indicates some dissent within the council regarding this decision.

Financial Transfer Approval

• The next agenda item involves approving a financial transfer amounting to 106,936 soles intended for hiring an auditing firm to conduct a governmental financial audit for 2026. This transfer is directed towards the Contraloría General de la República (General Comptroller's Office).

• The head of Administration and Finance explains that this request aligns with Article 20 of the General Comptroller's regulations, emphasizing local governments' role in approving such transfers.

Discussion on Audit Firm Contracting

• It is noted that the designation and contracting of the auditing firm will be determined by the General Comptroller’s office, ensuring compliance with national control systems. This highlights accountability measures in municipal governance.

• After presenting this information, there are no further interventions from regidores, leading to another voting process on this financial transfer proposal.

Voting Outcome

• During voting, Regidor Álvarez expresses his intention to abstain due to lack of quorum rather than opposing it outright; this reflects procedural concerns within council operations. Regidora Navarro Huamaní also abstains from voting. Despite these abstentions, the motion passes by majority approval.

Conclusion of Meeting

• With no additional points on the agenda, Mayor Esteban Guerra García concludes the meeting at 8:36 AM after addressing all items discussed effectively and efficiently managing time during deliberations. This marks an organized approach to municipal governance discussions in La Molina district council meetings.