Cazilhac : le conflit entre le maire et l’ancien secrétaire général finit au tribunal

l’essentielThe former secretary general of the services (SG) of the town of Cazilhac allegedly received extra sums of money from the previous municipality: significant overtime hours, various bonuses, particularly following suspicion of falsifying his family’s household. After his election during the 2020 municipal elections, the current mayor, Toni Carvajal, summoned his former SG before suspending him as a precautionary measure. Following a disciplinary hearing, the mayor dismissed the local employee. The latter decided to take legal action against the current municipal team. The administrative court delivered its decision at the beginning of summer. Let’s take a closer look at this striking case involving a former secretary general and a new mayor.

In his office, Toni Carvajal, mayor of Cazilhac, makes phone calls. He fulfills his role as the chief magistrate. Elected for his first term in the last municipal elections in 2020, he experienced a difficult start to his term. Not on the political front, but due to a conflict with his former Secretary General of Services (SG). This matter reached a first resolution at the administrative court of Montpellier on May 16th.

But to understand the ins and outs of this dispute, we need to go back fifteen years, to 2002. That year, in July, the former SG is said to have been hired as an administrative agent by the previous municipal team as a replacement. One year later, on December 4, 2003, he would have been appointed full-time as an administrative agent. However, the individual quickly rose in rank, occupying the position of general director of services until 2016, as reported by the administrative court. He resigned on June 30, 2016, and was allegedly hired, through a contract, still by the former city hall, as a territorial officer. However, by having a new permanent contract, he would have moved from category C to A.

Des irrégularités découvertes par le maire actuel

During the 2020 municipal elections, a new official, Toni Carvajal, was elected by the residents. As is the case every year, Carvajal has to carry out the administrative evaluation of the municipal employees. « When I had to do these evaluations for the first time in 2021, I wanted to know the background and progress of the employees. So, I asked to see their individual files, » explains Carvajal. One of them particularly caught his attention, that of his territorial attaché. « There were clearly serious irregularities. »

Among them, the former Secretary General would have had, according to the city hall, « excessive and unjustified » overtime hours. « Since taking office in 2002, he would have received overtime hours without any justification. » For example, in 2010, he would have worked 920 hours for a total of €11,049.96. Additionally, according to the municipality, the former employee would have received various bonuses: administrative and technical allowance, winter and summer bonuses, as well as an on-call and treasurer bonus. This would amount to a total of €11,331.65 for the same year 2010. Furthermore, he would have falsified the composition of his household « in order to receive the family supplement for four children from 2007 to 2016, resulting in a damage of approximately €30,000. » As a result, according to Toni Carvajal, the amount of damage suffered by the municipality would be between €160,000 and €170,000.

Following these discoveries, the mayor of the municipality reportedly discussed them with his municipal team. They decided to temporarily suspend their general secretary of services on May 3, 2021, as a precautionary measure. « It seemed inconceivable for us to work with him under good conditions, so we subsequently convened a disciplinary board, » notes Toni Carvajal. On October 1, 2021, this assembly met. Considering the facts, the various representatives present at the disciplinary board proposed a sanction to the municipality for the civil servant: dismissal, without notice or compensation. « Therefore, I followed what they proposed to me on November 18, 2021, » concludes the mayor of Cazilhac.

Mais l’ancien SG n’en est pas resté là. Il a décidé de poursuivre la Ville devant le tribunal administratif de Montpellier le 25 avril 2023. Parmi les requêtes, il a demandé d’annuler la décision du maire de Cazilhac l’ayant licencié, d’enjoindre ce dernier de le réintégrer dans ses fonctions de secrétaire général des services ou encore de condamner la commune de lui payer différents compléments salariaux qu’il n’a pas touchés.

Despite his appeals to the administrative court, all the different requests were rejected. In light of this decision, the former Secretary General has decided to file an appeal.