Thursday, March 27, 2008 Appear before council with my consent: Jonas
MANDAUE City Mayor Jonas Cortes ordered all City Hall officials and employees to refer to his office all invitations from the City Council to appear in the sessions.
Though he admitted that a council invitation has no coercive powers, majority floor leader Victor Biaño said the mayor has become a “petty tyrant” by issuing such order and this runs counter to his executive promise of transparency.
For his part, Vice Mayor Carlo Fortuna said the order violates the city ordinance creating the council’s “house rules,” which clearly states the functions of the majority floor leader, one of which is to seek the help of department heads in gathering information.
Last March 18, Cortes issued Executive Order (EO) 15 or the “Guidelines in appearances of officials and employees before the Sanguniang Panlungsod” (SP).
The order stated that in the guise of obtaining information, the council has invited officials “without the least courtesy of coursing said invitations to the chief executive.”
Disguise
It also stated that the council has no authority to conduct inquiries in aid of legislation; nor does it have coercive/contempt powers to compel the attendance of anybody.
All officials and employees invited by the SP were ordered, “… to first refer to the chief executive said queries or invitations for his executive approval.”
The order further stated that the mayor is not preventing any official or employee to comply with any request for information. The order’s intention is so that dissemination of information can be orderly and organized so as not to confuse the public.
Still, Biaño said, “definitely to a very great extent, it’s a gag order.”
He said that maybe the mayor is scared that during dialogues at the council, some matters considered “under wraps” may be uncovered unintentionally.
Revelation
He cited as an example a recent revelation made by an invited private contractor, doing the public market, that it takes the City 110 days, after the progress billing, to release payment.
Fortuna cited Ordinance 11-2007-409 or the Mandaue City Council House Rules to remind the mayor.
Section 7 the ordinance states that “the majority floor leader may likewise seek the assistance of the heads of various departments of the City Government in the collection of data for ready reference of the legislative body.”
Biaño, who agreed with the mayor that they have no coercive powers, said they probably can do nothing to those who refuse to heed their invitations.
“Pwede mobalibad tingali (Perhaps they can refuse) if they are not for the welfare of Mandaue City,” he said.
Fortuna said the council’s “house rules” contain penal provisions, which is purely administrative. But he did not specify if those who refuse to heed their invitation are liable. (OCP)
