The Valencian Anti-Fraud Agency creates the Register of Responsible for the internal complaint mailboxes that public administrations must have before June 13

Valencia, June 5, 2023.- Last February, Law 2/2023 regulating the protection of people who report on regulatory infractions and the fight against corruption was approved. This law is the result of the transposition into Spanish law of Directive 2019/1937 on the protection of whistleblowers of corruption, better known as the Whistleblower Directive.

This new Law includes among its novelties the need for each entity to create an Internal Information System (SII), which is the name given to the mailboxes or complaint channels, through which complaints are made and the receipt of information that may constitute breaches of the legal system.

The Agency advises and assists in the implementation of these internal information systems to those administrations that request it, which can be articulated through the signing of a collaboration protocol between the Agency and the entity. The Agency also provides free of charge the technology necessary for the development of these reporting channels or mailboxes.

So far, more than 70 agreements and protocols have been signed, among others, from large administrations such as the Provincial Council of Castellón or the City Council of Valencia, to others of small size such as the City Council of La Yesa with just 120 inhabitants.

The Law includes the obligation on the part of the entity or the administration to appoint a natural person or a collegiate body as responsible for the management of the Internal Information System as well as the procedure to be followed. Both the appointment and the dismissal of these responsible must be notified within ten working days to the competent authority or body, which in the case of the Valencian Community, is the Valencian Anti-Fraud Agency.

To this end, the Agency has created the Register of Managers of Internal Information Systems (RRSII) in which both the appointments and dismissals of these managers will be centralized, keeping an updated management of the data.

The deadline for the creation of Internal Information Systems in the case of public administrations ends on June 13 except for those municipalities with less than 10,000 inhabitants whose term is extended until December 1.

The process of communication to the Agency of the Head of the Internal Information System can be done electronically at any time, since the procedure is open throughout the year.

Title IX of Law 2/2023 states that the lack of having an information system of an inmate is a very serious infraction, while the lack of notification of the designation of the person or collegiate body responsible for the system is a minor infraction, which carry sanctions included in article 65 of the Law.

The Valencian Anti-Fraud Agency signs a collaboration agreement with the College of Secretaries, Auditors and Treasurers (COSITAL) of Alicante

Valencia, May 30, 2023.- The president of the College of Secretaries, Auditors and Treasurers of the Local Administration of the province of Alicante (COSITAL-Alicante), Santiago Gómez; and the director of the Agency, Joan Llinares, have signed a collaboration agreement between both entities.

Among the planned collaborative actions are training activities in areas such as fraud and corruption prevention, integrity and public ethics, the protection of whistleblowers or reporting channels and anti-fraud plans.

Both institutions will also support each other in promoting a culture of good practices and rejection of fraud and corruption in the design, execution and evaluation of public policies, and in the management of public resources.

Likewise, they have committed to promote and disseminate a culture of ethics and public integrity and collaborate in the regulation and management of conflicts of interest.

If, within the framework of the COSITAL-Alicante agreement, it becomes aware of the existence of persons reporting corruption who suffer, or could suffer, reprisals as a result, COSITAL will inform the Agency so that it can grant them, where appropriate, protection.

Finally, COSITAL-Alicante will include in a visible place within its website, as well as in other media, the link to the Agency’s complaints mailbox from which any person can report any fact or irregularity constituting fraud and corruption that has been committed within the public administrations of the Valencian Community and that can provide evidence of it.

 

 

The Valencian Anti-Fraud Agency publishes an Integrity Manual for public officials

Valencia, May 26, 2023.- The Valencian Anti-Fraud Agency has prepared a Manual that aims to help new public officials who are coming out of the elections to be held next Sunday, May 28.

The document wants to help those people who will assume responsibilities (regional and local) so that they can carry out their work with integrity in the main areas of action.

The Manual includes in one of its chapters how the transfer of powers should be prepared during the period of constitution of the new corporations that, if contentious-electoral appeals are not raised, will take place between May 27 and June 17.

In this period in which the so-called “ordinary administration” will continue to function normally, there are also other deadlines that must be met, such as the one established in the new Law 2/2023 for the protection of people who report corruption, which is set until 13 June for public administrations to implement their internal information systems (complaint channels). The term is extended until December 1 in the case of municipalities with fewer than 10,000 inhabitants.

The Agency encourages this transfer of powers to also be a transfer of information from the state of the administration, to facilitate decision-making and planning, since the proper functioning of public services that affect citizens depends on this.Another aspect that the Manual includes is the one that refers to economic issues such as the dedication, remuneration and compensation of the members of local corporations; as well as gifts, gifts or the role played by lobbies or interest groups.

The Manual includes a set of possible risks in decision-making that may be contrary to integrity and which are divided into two large groups. On the one hand we find the so-called common risks where we find revolving doors, confusion of functions, information leaks and cyberattacks, unjust enrichment, legal and technological obsolescence or over or underrepresentation.

In a second group we find specific risks in areas such as contracting, urban planning, subsidies, human resources management, the budget or those related to the management of Next Generation funds.

Finally, the Manual includes a specific section on the implementation of integrity frameworks in public management as a tool to guarantee the good administration of our public institutions.

You can access the content of the Manual at this link: