Par
redaction.78actu
Published on
Dec 3 2024 at 8:16 p.m.
See my news
Follow 78actu
The administrative court of appeal of Versailles rejected the request of the commune of Chevreuse (Yvelines), which had appealed the judgment having annulled the deliberation granting “functional protection” to its mayor in the dispute between it and two associations of environmental defensewe learned from a judicial source at the end of November 2024.
Functional protection means covering the legal costs of elected officials and civil servants who are attacked in court within the framework of their functions.
The mayor of Chevreuse will therefore have to pay her criminal defense costs in the case between her and the two associations.
Work on the parking lot of the Maison des associations
Reminder of the facts. Anne Héry Le Pallec (LR) had been called to appear before the Versailles criminal court by her opponents “Sauvons les Yvelines” and “Patrimoine Environnement” following the redevelopment and expansion work, in 2019, of the parking lot of the Maison des community associations.
She had authorized the disputed work without the advice of the Architect of Buildings of France (ABF) and in breach of the rules of the Local town planning plan (PLU) of his own municipality.
At first instance, the Versailles administrative court ruled in favor of “Sauvons les Yvelines” and “Patrimoine Environnement” on the merits, but also to the five opposition elected officials who had submitted a separate request.
The Madeleine Castle
“The parking lot […] is located near the Château de la Madeleine, classified as a Historic Monument,” recalled the Versailles judges in their decision dated December 4, 2023.
“It is therefore established that this work […] had to be preceded by the issuance of a planning permit – which was also requested after their execution – […] and required the agreement of the ABF. »
The same architect of Bâtiments de France had also “alerted” Anne Héry Le Pallec “some time after the start of the work […] in order to report non-compliance” but she replied that “given the consistency of the work”, planning permission was “not necessary”…
Multiple breaches of regulations
“The mayor of Chevreuse was informed of the need to seek the agreement of the ABF and […] had […] the possibility of ordering the immediate interruption of the work”, summarized the administrative court of Versailles.
“Having regard […] to the functions she previously held within the municipal team [première adjointe du défunt maire Claude Génot, N.D.L.R.] Ms. Héry Le Pallec could not ignore the need to request the aforementioned authorizations. »
“Multiple breaches of regulations”
The work to develop the car park at the Maison des associations de Chevreuse had also taken place in a natural area, where all construction is therefore normally prohibited.
However, “the work led to the substitution of a coating composed of asphalt concrete to almost all of the green spaces present in the car park as well as to the earthen and gravel surfaces which made up the old covering”, underlined the Versailles administrative court in its judgment.
“These multiple breaches of national and local regulations, committed by the mayor of the town, the authority in charge of town planning, constitute a particularly serious fault. »
This ” mistake » by Anne Héry Le Pallec was therefore “detachable from his functions” as mayor and should have prevented the other members of his municipal council from granting him “functional protection”.
Two deliberations had however been voted to this effect, on May 31 and October 7, 2021… They were therefore canceled by the administrative court of Versailles.
Under these conditions, the commune of Chevreuse had asked the administrative court of appeal of Versailles to order a “stay” in the execution of this first judgment, until the case was re-examined on the merits.
She highlighted “ the risk for the mayor to incur costs [en correctionnelle] even before the Versailles Administrative Court of Appeal rules” on the legality of the granting of functional protection: a hearing was scheduled for February 2, 2024 “as part of the criminal procedure”, justified the municipal majority.
The municipality sentenced to €1,500 in additional legal costs
“In the event thatthe interests of the mayor find themselves in opposition to those of the municipality, the municipal council appoints another of its members to represent the municipality […] in justice”, generally provides, in such cases, the General Code of Local Authorities (CGCT).
The “convocation period” for elected officials is then “set at five days”, says the law. A deadline which can be “shortened by the mayor” but only “in cases of emergency” and which cannot in any case be “less than one clear day”, specify the texts.
In this case, the municipal councilors of Chevreuse had not been summoned to this meeting of January 31, 2024 deciding on this action before the administrative court of appeal of Versailles “until January 29, 2024”, i.e. less than five days before.
“Judicialize this case”
Or « la commune […] does not indicate that Ms Héry Le Pallec could not bear the costs linked to the criminal proceedings […] and that she could not, therefore, ensure her defense without the benefit of functional protection” noted the Versailles judges.
“This circumstance alone cannot characterize an emergency situation. » Especially since the community had “already deliberated a few days earlier” to appoint the first deputy, Bruno Garlej, as representative of the municipality before the administrative justice…
The cancellation of this “illegal” deliberation has therefore been confirmed and will cost€1,500 legal costsadditional to the taxpayers of the municipality.
They are in fact added to the €2,000 which had been granted to the same elected representatives of the municipal opposition at first instance. The request from environmental defense associations, which had the same purpose, was for its part deemed legally “inadmissible”.
“It is the opposition which has decided to take this matter to court and which is engaging the municipality in such costly procedures,” Sarah Fauconnier, sixth deputy in charge of “citizen participation”, denounced in the municipal council.
/GF (PressPepper)
Follow all the news from your favorite cities and media by subscribing to Mon Actu.
Related News :