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7/25/2019 Mayor Distura vetoes Ordinance for the Annual Budget 2016
http://slidepdf.com/reader/full/mayor-distura-vetoes-ordinance-for-the-annual-budget-2016 1/8
January 29,2016
THE HONORABLE PRESIDING OFFICER
THE HONORABLE MEMBERS OF THE SANGGUNIAN
La!"#$G"n%&"'"n(
Today, I sign A))r*)r!a%!*n Or!nan+" N* 201-.0/ for F!#+a& "ar
2016 entitled AN ORDINANCE APPROING THE ANNUAL BUDGET FORTHE GENERAL FUND FOR CALENDAR EAR 2016 OF THE
MUNICIPALIT OF DUMANGAS” in the total amount of ONE HUNDRED
THIRT.FIE MILLION ONE HUNDRED THIRT EIGHT THOUSAND FOUR
HUNDRED EIGHTEEN PESOS 3P 14-,145,/1500.
On the other hand, pursuant to the powers vested in me by law
particularly RA 7!" or the #ocal $overnment %ode of &&, I am duty bound
to veto some items of the appropriation above'cited (Appropriation
Ordinance )o. *"+'"- on the grounds that they are preudicial to publicwelfare and/or they result from ultra vires acts of the 0anggunian 1ayan.
$2)2RA# %O332)T
4or the 5rst time in the history of this 3unicipality, the annual budget
which we hope to steer our rudders to achieve our goal for a peaceful,
orderly and progressive 6umangas was not only passed late but was clipped
signi5cantly. I fervently hope that the unepected delay and signi5cant
reduction of some items in the budget are not in any way neither related to
the upcoming *"! election nor directed to imperil the function of any o8ce,worse, to eopardi9e the smooth e:ective and e8cient operation of the
3unicipal government as a whole. ;hile I still hope that the modi5cation in
the budget was made reasonably and wisely, and not for any sel5sh motives,
whims, caprices and malicious purpose, I cannot help to doubt the wisdom
behind such reductions.)evertheless, let me epress my gratitude to the
leadership of <ice'3ayor Ian 6olutan II and those 01 members who
maintained a rational and obective mind that despite unepected
di8culties, they painsta=ingly considered, reviewed, and advanced our
proposal.
0ince I assumed o8ce as the #ocal %hief 2ecutive, my management
style and preference had been macro'management. I trust the wisdom and
competencies of my d>
6epartment ?eads and employees. As much as possible, I let them decide on
issues and give them free'hand to formulate strategies to manage their
7/25/2019 Mayor Distura vetoes Ordinance for the Annual Budget 2016
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respective a:airs.1eing in the frontline and masters of their respective tas=s,
it is ust reasonable to let these managers 5nd, propose, and implement any
strategy they deemed 5t to improve their epected functions. 4or as long as
it@s for the best interest of the beloved constituents, I fully support and
motivate them to perform better and to the best of their capabilities. It is in
this contet that the budget for *"! submitted and proposed by the
undersigned for approval of the 0angguniang 1ayan was conceived.
The *"! proposed budget is a result of a long and tedious process of
study, discussions, deliberations, bargaining and compromises of each and
every department and o8ce that comprise this 3unicipality. It was made
according to the needs, recommendations, udgment, and wisdom by no less
than the di:erent department heads and o8ce heads themselves.
ltimately, these di:erent o8ces and departments agreed that one area of
priority is to improve their old'age and obsolete sta8ng pattern.
1ased on the changing needs and prevalent circumstances, they see=
to improve and epand the manpower of their respective o8ces by creating
and/or 5lling the necessary positions, and/or let deserving employees handle
higher responsibilities through promotions. It was agreed that a more
responsive sta8ng pattern and functioning manpower are necessary
reBuisites for an e8cient, timely, and e:ective public service and I 5rmly
believe that such strategy will attract more competitive and competent
employees to oin the #$ wor=force. It is in this regards that a generous
part of the budget was allocated to Cersonal 0ervices.
0adly, the proposed budget for Cersonal 0ervices of every department
and o8ce was signi5cantly reduced as to ma=e the creation and/or 5lling of
positions, hiring additional talents, or promoting of deserving employees
impossible. Thus, this veto.
ETO
%onsidering the need to ensure a functioning bureaucracy as to protect
public welfare, I hereby veto the following items of Appropriation Or!nan+"
N* 201-.0/ 7*r F!#+a& "ar 2016 entitled AN ORDINANCE APPROING
THE ANNUAL BUDGET FOR THE GENERAL FUND FOR CALENDAR EAR
2016 OF THE MUNICIPALIT OF DUMANGAS”D
SECTOR OFFICE DESCRIPTION AMOUNT $
BUDGET$eneral
0ervices
3O Cersonal
0ervices
C E,*!,*"F
3%R Cersonal
0ervices
C ,*+E,!7E
31O Cersonal
0ervices
C ,*7,E*F
3A% Cersonal C *,"!,F"
*
7/25/2019 Mayor Distura vetoes Ordinance for the Annual Budget 2016
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0ervices3TO Cersonal
0ervices
C E,"&,FFF
0ocial 0ervices 3O ' 0ports Cersonal
0ervices
"
30;6O Cersonal0ervices
C ,!!E,+7F
2conomic 3Ag Cersonal
0ervices
C *,E7,**E
32O Cersonal
0ervices
C ,&",F!*
3TO'3ar=et Cersonal
0ervices
C ,!7,&&
3TO'%emetery Cersonal
0ervices
"
E8PLANATION
. The proposed budget for personal services (C0- of various departments and
o8ces was formulated, proposed, and reBuested by the department/o8ce
heads themselves. 1eing aware of the challenges and di8culties their o8ces
face every day, they fully =now what are the necessary strategies they need
to do to improve their respective tas=s. As such, I agreed on the strategy of
improving the 3unicipality@s manpower through the 5lling of vacant
positions, reassignment of tas=, and/or possible promotion of deserving
employees. ?ence, the proposed budget for the Cersonal 0ervices
reBuirements.
;hile I acBuiesce to the prerogative of the 0anggunian 1ayan to
reduce the budget, I have to apologi9e as I can@t fathom in disbelief as I
cannot see the wisdom behind the reductions. 4or instance, some allocations
for 3OO2 of some o8ces was slashed when it is a fact that the 3unicipality
had ust acBuired new assets, vehicles and eBuipment that needs to bemaintained and operated. ;orse, what is harder to comprehend is the
reason behind the signi5cant reduction of the budget for personal services of
almost all 6epartments and o8ces.
4or instance, the enhanced AI%0 and Cs programs became necessary
for the 3unicipal 0ocial ;elfare and 6evelopment O8ce (30;6O- to have
an additional 0ocial ;elfare Assistant that will do the pro5ling and processing
of the bene5ciaries of the soon to be implemented, the 0ustainable
#ivelihood Crogram ( 0#C -, that will bene5t thousands of our constituents.
The current available wor=force to cater such services are already
overwhelmed by other tas=s and could no longer function e8ciently. Get, the
budget ordinance made it impossible for the 30;6O to 5ll in the said
position. 3ore so, that the concerted e:orts of the Regional O8ces of 6O#2,
60;6, 6OH, CCA, C%$, )1I, C)C, 6I#$, )26A, etc. have come up with the
E
7/25/2019 Mayor Distura vetoes Ordinance for the Annual Budget 2016
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Du'ana# Pr*%*+*& to 5ght illegal tra8c=ing of women, children and illegal
labor recruitment.
In the 3unicipal Agriculturist O8ce (O3Ag-, it is imperative on its part
to retain and/or have agricultural and aBuacultural technicians and s=illed
farm wor=ers to attend to the agricultural programs of the 3unicipality. The
01 3embers who reduced the budget of the O3Ag must have forgotten that
the 3unicipality is largely an agricultural and aBuacultural town where many
of its constituents rely on land, sea, or ponds to ma=e their living. In fact the
3unicipality is number one in the province for rice production during 5rst
cropping and maintains an advanced climate 5eld school that is the 1A))2R
CRO$RA3 of the #$ in adapting to climate change and ris= reduction in
agriculture reBuired technical employees. Get again, the budget ordinance
too= away the budget for these positions.
In the 3unicipal 2ngineering O8ce (32O-, the budget which is
intended for the hiring of s=illed personnel such as engineers, foreman,
draftsmen, and carpenters was li=ewise ta=en out. The 3unicipality had been
a regular recipient of various foreign and local assisted programs such as the
A#A?I'%I600 and Typhoon Golanda rehabilitation proects. 3any of these
eternal funded proects, as well as those proects internationally funded,
include the construction of vital infrastructures such as roads, housing,
canals, di=es, Jood controls and others. ?ence, it is imperative on the part of
the engineering o8ce to add and beefed up their s=illed manpower. Also the
additional mobile assets and eBuipment that the 3unicipality had acBuired
and will bring for *"! and onwards li=e that of bac=hoe, grader,
dumptruc=s, ambulances, garbage compactors, patrol eeps, disaster rescue
and general services vehicles-, not only needs su8cient fuel to =eep them
running, but also need proper maintenance and handling that are epected
to be provided for by the automotive specialist and drivers/operators K which
the 0anggunian li=ewise slashed.
4urther, in the 3unicipal Treasurer@s O8ce (3TO- together with its
attached o8ces as the 3ar=et Operations, there is the need for additional
cashiers, revenue collecting o8cers, revenue collection cler=s, licensing
o8cer, mar=et specialist, and many more to ensure stable and steady
revenue collection. 1eing the frontrunner in income generation, the 3TO is
the Lhen that lays the golden egg”. Get, that the budget created by the 01 is
weaning and thereby starving it thus stunting its growth.
4inally, items for sports development and even maintenance of public
cemeteries were unfunded. ;ithout these positions, how shall we be able to
encourage our youth to be physically 5t, healthy and to stay away from
dangerous drugsM 0ports and recreational activities are one of the manypotent factors to 5ght illegal drugs. Also, who shall at least =eep our
cemeteries clean and orderlyM
0ection 7 of the #ocal $overnment %ode of && is clear on its
mandate that local government units shall endeavor to be self'reliant and
discharge its duties and functions for the e:ective provision of the basic
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services and facilities to include among others (a- services related to
agriculture and 5sheryN (b- health services which include the implementation
of programs and proects on primary health care, maternal and child care,
and communicable and non'communicable disease control servicesN (c-
social welfare services which include programs and proects on child and
youth welfare, family and community welfare, womens welfare, welfare of
the elderly and disabled personsN (d- infrastructure services to included
provision of facilities intended primarily to service the needs of the residents
of the municipality such as municipal roads and bridgesN school buildings,
clinics, health centers and other health facilities necessary to carry out
health services, irrigation, Jood control, tra8c signals and road signs, and
similar facilities, and (e- services related to public mar=ets,public cemetery,
slaughterhouses and other municipal enterprises.
%orollarily, 0ection 7! of the #ocal $overnment %ode provides thatevery local government unit shall design and implement its own
organi9ational structure and sta8ng pattern ta=ing into consideration its
service reBuirements and 5nancial capability, subect to the minimum
standards and guidelines prescribed by the %ivil 0ervice %ommission.
As such, the service reBuirements of the 3unicipality necessitates the
creation of 5lling of positions in the various departments. The needs of the
3unicipality are changing and more than ever, it becomes imperative to beef
up its depleted manpower, particularly those in the frontline service. 1y
slashing signi5cantly on the budget for personal services, the 01 e:ectively
limits the di:erent departments/o8ces from implementing what they shall
do or plan to do. ;ithout the necessary personnel to man these services, the
mandate to provide the people of e:ective services and facilities will be
di8cult, if not impossible, to ful5ll. The danger of an inutile, ine8cient and
ine:ective, undermanned department or o8ce is therefore imminent. In the
end, it is public good and welfare that will be eopardi9ed.
;e cannot gamble our desire for an e:ective, e8cient and functioning
manpower and services to the mere obscured beliefs and view of the few.
?ence, this veto.
The 0angguniang 1ayan might have forgotten that the population of
our #$ now is !!, "F with a population growth rate over than that of the
)ational Average.
As such, the need to create/5ll the position in the various departments
is undeniably necessary and timely. These positions are vital for the di:erent
o8ces to improve on their functions and services. Get, by slashingsigni5cantly on the budget for personal services, the 01 e:ectively limits the
di:erent departments/o8cesfrom implementing what they shall do or plan to
do. The danger of an inutile, ine8cient and ine:ective, undermanned
department or o8ce is thus imminent. This in return endangers the delivery
of services for the enhancement and protection of public welfare.
+
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?ence, this veto.
*. 0o long as the fund of the 3unicipality allows it and the budget for Cersonal
0ervices conforms to the limitations provided for by law (+P C0 limitation-,
the prerogative and wisdom of every eecutive department or o8ce to
improve their e8ciency through improved sta8ng pattern shall as much as
possible not be curtailed by deliberate imposition of budgetary constraints.
The eecutive o8ces wor= based on present and proected need. The
eecutive supposed that as much as possible, when the need arises, there is
enough fund to support their initiative. ;hat the eecutive is preparing for is
a su8cient budget to cover the C0 reBuirements for any position that shall
be deemed 5lled or created for the rest of the year. ;ith the present budget
for personal services, the eecutive has no more room to improve the human
capita and sta8ng pattern of di:erent o8ces. 1y slashing the budget for
Cersonal 0ervices, the 0anggunian impliedly abolishes some positions that
are already created and e:ectively precludes the eecutive o8ces from
creating or 5lling new positions. ?ence, it becomes impossible for the
2ecutive O8ces to 5ll or create the needed positions for the whole year.
0uch arrangement can never be constructive and ultimately will ma=e the
eecutive o8ces limited.
?ence, this veto.
E. The 0angguniang 1ayan is unmindful that the creation and abolition of any
positions is within their sole power and function. If they are reluctant to
create new positions later on, or if they shall deem it unwise to epand the
sta8ng pattern, they can do so by not approving the creation of positions.
1ut, the same shall be done in a separate proceeding which reBuire a more
thorough study and deliberation, and not subtly included in an Appropriation
Ordinance. 4or the meantime, they shall give enough room for the eecutive
o8ces to implement what they desire to do by giving allowance in the
budget. Instead, the 0angguniang 1ayan had acted so prematurely. This, in
e:ect eopardi9es the functions of the eecutive o8ces.
?ence, this veto.
. In reducing the budget for Cersonal 0ervices of various o8ces, the
0anggunian 1ayan through its pertinent committee relied on the following
5ndingsD
a. The moneti9ation privilege of municipal employees has never
been included in the proposed *"! budgetN
b. The appropriation set aside for terminal leave intended for
payment of retiring employees is insu8cientN
c. There are several vacant positions in the previous budget and
until now remained un5lledN
!
7/25/2019 Mayor Distura vetoes Ordinance for the Annual Budget 2016
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d. 3assive creation of positions would create duplication of
functions and would entail additional unnecessary ependituresN
and
e. That the proected amount of Chp &,!!+,"""."" ta=en from theCersonal 0ervices (C0- and 3aintenance of Operation and Other
2penses (3OO2- will be incorporated in the unappropriated
balance for year *"! budget and can be used as stand'by
reserve for the general bene5ts of employees and our
constituents.
The undersigned cannot accept these 5ndings as basis for the reduction
of the said items for personal services. In this regard, I wish to forward the
following comment, observations, and counter'argumentD
a. The moneti9ation and terminal leave pays are contingent events
that are not yet de5nite. Any insu8ciencies to meet such
reBuirement may be augmented from the savings on the
Cersonal 0ervices due to un5lled positions and/or be covered
later through a supplemental budget. 4urther, terminal leave pay
were proposed in some o8ces. Insu8ciency therefore in the
appropriation, as alleged, is unfounded.
b. The 5lling of vacant positions and/or creation of new functions
and positions are proposed by the eecutive according to the
needs of the di:erent o8ces. Get, the actual abolition and or
creation of the same is within the power of the 0anggunian. If the
0angunian deem it wise to abolish and or create a position, they
shall do it separately and not merely by reducing the budget as
to preclude future creation and/or 5lling of positions.
As much as possible, the eecutive o8ces shall not be tied by
budgetary constraints, so that when the need to 5ll a position
arises, they can e:ectively do. After all, the person who =nows
best the needs and de5ciencies of his/her department is the
6epartment ?ead. As long as the 3unicipality is able and
capable, and the C0 limitations prescribed by law is observed.
Creclusion the eecutive to create / 5ll necessary positions on is
undeniably preudicial to the best interest of service. 1esides,
these un5lled positions and those proposed for creation are
essential and mandated by law and are therefore necessary for
the e8cient and e:ective operation of each department or o8ce.
c. The creation of new positions will not result to duplication of functions as each position has its own ob/position description
function (C64- and function to do. The 0angguniang 1ayan is
unmindful that 3unicipality is operating on a sta8ng pattern that
was created in the &&"s. Thus, the sole purpose of the proposal
7
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to create the new positions is to improve on the manpower
aspect of the 3unicipality.
d. The 3unicipality strives to increase its income and sources of
revenues so it has ample resources to =eep up with its services.
The government resources shall therefore be spent for thedelivery of services, and the inclination to save thereof shall only
be secondary.
In view of the foregoing, the items vetoed herein are deemed not to
a:ect the other items in the Appropriation Ordinance. 4urther, the vetoed
item or items shall not ta=e e:ect unless overridden by */E votes of the
0anggunian and the item or items in the appropriation ordinance of the
previous year corresponding to the said vetoed, if any, shall be deemed
reenacted. ;ith the passage of the 4G *"+ Annual 1udget of the
3unicipality of 6umangas, Iloilo under Appropriation Ordinance )o.*"'"E
and with possible re'enactment of the budget therein corresponding to the
vetoed item or items, we will be giving better and more e:ective services to
our constituents.
Accordingly, I am returning the approved Appropriation Ordinance )o.
*"+'" together with my partial veto, to the 0angguniang 1ayan, for their
appropriate action.
<ery truly yours,
HON ROLANDO B
DISTURA
3unicipal 3ayor
F