« It's a relief. It was very difficult, and it still is,” explains Me Julie Noël, the lawyer of a former municipal police officer from Castelnau-de-Médoc. She has just obtained the conviction of this municipality before the administrative court of Bordeaux, which recognized that her client had suffered moral harassment from her employer. In a judgment rendered on November 21, the court ordered the City of Castelnau-de-Médoc to recognize the attributability to the service of the illness of the municipal agent, who sank into depression, to rebuild her career accordingly, to grant him functional protection and pay him 3,000 euros.
In its decision, the court traces the municipal police officer's descent into hell. It begins on March 15, 2021. That day, at his workplace, he was given a summons from the gendarmerie for placement in police custody, linked to a complaint from his employer for “forgery”, “use of forged » and “breach of trust”. The investigation led to a dismissal by the prosecution, as the facts denounced were insufficiently characterized.
The mayor of Castelnau, Eric Arrigoni, referred the matter to the Gironde disciplinary council. The body, chaired by an administrative judge, considers that the facts alleged against the municipal employee have not been established, with the exception of negligence, and proposes a temporary exclusion of one month. But the chief magistrate did not follow this opinion and imposed a one-year exclusion on the municipal police officer.
Disciplinary council, complaints…
A few months later, he again referred the matter to the disciplinary council, this time accusing the employee of having made insulting and threatening remarks towards him and the general director of services. At the same time, a complaint was filed. Both procedures fail: the disciplinary council notes that the alleged facts have not been established and the prosecution closes the case without further action.
The mayor persists. In the spring of 2022, he initiated two proceedings before the prosecutor and the prefect, asking each to withdraw their approval from the municipal police officer. The prosecutor rejects his request. The prefecture suspends the approval for three months, pending a decision from the disciplinary committee. The latter falls: negative opinion, the facts not being established.
“Normal, classic procedure”
“My client has experienced a succession of disciplinary or criminal proceedings. In the space of a few months, she found herself constantly summoned and accused, even though she had never had any particular problem in her work. She fell ill,” says M.e Christmas. These “disproportionate actions which, by their nature, intensity and frequency constitute an abusive response” on the part of the employer, “constitute moral harassment”, underlines the judgment of the administrative court.
Contacted by “Sud Ouest”, the mayor refutes any form of relentlessness in this matter. “I just followed the normal, classic procedure. My goal was to protect the agents,” maintains Eric Arrigoni. Does he intend to appeal? ” I don't know. I need to consult our lawyer. »
