4.
Proceeding in relation to some of the decisions adopted by Mr.
López Mendoza as Mayor of Chacao
65.
As mentioned, Mr. López Mendoza served as mayor of the municipality of Chacao
(supra para. 30). Each year the Municipalities, one being the Municipality of Chacao, that
make up the Metropolitan District of Caracas, had to transfer to the Metropolitan District
10% of "their own revenues.”111 On the other hand, the Municipal Councils could approve
additional allocations to the Expenses Budget, at the request of the mayors, and for this,
authorization could be declared on the total or partial annulment of certain budget
consignations not used in full or those partially used. 112
66.
On October 25, 2002, Mr. López Mendoza declared a partial shortage of some
budget appropriations. 113 Subsequently, the Municipal Council of Chacao approved
additional financial allocations which were financed with the resources resulting from
the aforesaid entry, which had been declared as insufficient. 114 These facts led to a
proceeding and the corresponding sanctions, fines, and disqualification against Mr. López
Mendoza. The accusations against the alleged victim was that he granted a different
purpose to the respective budget consignment than that provided by law.
4.1.
Phases of action of fiscal oversight
67.
On December 6, 2002, the Office of Municipal Oversight addressed the Municipal
Comptroller of the Municipality of Chacao requesting "a detailed report on the use given
to the resources destined for the Metropolitan Mayors Office of Caracas, as provided in
Article 22 of the Special Law on the Regime of the Caracas Metropolitan District and that
the Mayor’s Office of the Municipality of Chacao was forced to transfer, in [that] year,
that equivalent of 10% of its own revenues collected in the previous fiscal year.”115 On
January 23, 2003, the Office of Municipal Oversight reiterated this request to the Office of
Municipal Oversight.116
five (5) years and fined for up to fifty percent (50%) of the use sought.” Brief of final arguments of the State,
supra note 30, folios 1603 y 1605.
111
Cf. Judgment No. 912 of August 6, 2008, of the Political-Administrative Chamber of the Supreme
Tribunal of Justice, Case file No. 2005-5124) (Case file of annexes to the application, tome I, annex 23, folios
503 to 535).
112
Cf. Judgment No. 912 of August 6, 2008 of the Political-Administrative Chamber of the Supreme
Tribunal of Justice, supra note 111, folios 503 to 535.
113
Cf. Official letter DA. 3255.10.2002 and DA. 3253.10.2002 signed by Mr. López Mendoza on October
28, 2002 (case file of annexes to the answer to the application, tome XXIV, annex D, folios 8703 and 8705).
114
Cf. Agreement of the Municipal Council of Chacao (case file of annexes to the answer to the
application, tome XXIV, annex D, folios 8706 and 8707).
115
Official letter No. 07-02-4457 of December 6, 2002, from the Office of Municipal Oversight to the
Municipal Comptroller of the Municipality of Chacao (case file of annexes to the answer, tome XXVII, annex D,
folio folio 10693).
116
Official letter No. 07-02-169 of January 23, 2003, addressed by the Office of Municipal Oversight to the
Municipal Comptroller of the Municipality of Chacao (case file of annexes to the answer, Tome XXVII, annex D,
folio 10694).
30