Jacarilla City Council anti-fraud plan
The Jacarilla City Council, as a beneficiary of the European Union’s NextGeneration funds through the Recovery, Transformation and Resilience Plan, has drawn up the so-called “Jacarilla Anti-Fraud Measures Plan“. This complies with the provisions of the Order of the Ministry of Finance and Public Function 1030/2021, of September 29, which configures the management system of the Recovery, Transformation and Resilience Plan and reinforces the commitment of this City Council, in the fight against conflicts of interest, fraud and corruption.
The legal basis is found in article 22 of Regulation (EU) 2021/241 of the European Parliament and the Council, of February 12, 2021, which establishes the Recovery and Resilience Mechanism; and in Order HFP/1030/2021, of September 29, which configures the PRTR management system, as well as in the guidelines of the Ministry of Finance and Public Administration of January 24, 2022, for the reinforcement of the mechanisms for the prevention, detection and correction of fraud, corruption and conflicts of interest, referred to in article 6 of the aforementioned Order HFP 1030/2021, all of this, adapting it to the characteristics of this City Council, with the purpose of articulate a local fraud risk management system in the execution of the Recovery, Transformation and Resilience Plan.
The purpose of this Plan is to guarantee that the funds corresponding to the PRTR that this City Council will manage and execute are used in accordance with the regulations applicable to the prevention, detection and correction of fraud, corruption and conflicts of interest.
To this end, a strategy is documented aimed at achieving an organizational model that integrates the principles of responsibility, transparency, optimization of resources, compliance, integrity and management by objectives, as well as its monitoring and control.
It specifies a series of measures to control the risk of fraud within the scope of this City Council, taking into account that the fraud-related powers, exclusively administrative, attributed to it, in no case include investigative powers.
This Plan will have an indefinite duration, but according to the legal and regulatory framework, it may be updated at any time, or as new control mechanisms or rules are incorporated by the European Commission or the Ministry of Finance and Public Administration. , or the guidelines and protocols specified by the National Anti-Fraud Coordination Service, of the General Intervention of the State Administration, as provided in the PRTR.
This system is supported by four main areas to contemplate the different aspects of the fight against fraud and corruption: prevention, detection, correction and prosecution.
This Plan of anti-fraud measures also contemplates the procedure to be followed for the treatment of possible conflicts of interest, taking into account that, although the existence of a possible conflict of interest does not necessarily determine the existence of fraud, not resolving that conflict of interest in time could lead to a fraud situation.
The action of this Plan of anti-fraud measures is limited to the scope of action of the City Council of Jacarilla, applying its measures to all the people of this City Council who are involved in the management of public money and, specifically, those who have some type of relation to the design, management, elaboration, control or execution of the projects that have financing from the PRTR.
It is also applicable, in the manner determined therein, to recipients of funds, aid recipients, contractors and subcontractors of municipal projects linked to the PRTR.
The “Jacarilla Anti-Fraud Measures Plan” has been processed with City Council electronic file number 180/2022, and approved by plenary agreement dated 10/27/2022.
This ANTI-FRAUD MEASURES PLAN was adapted to ORDER HFP/55/2023, approved in a plenary session on March 30, 2023.
COMPLAINTS
Consequently, if you are aware of any situation that could pose a risk of fraud, you can report it, by registering in the whistleblowing channel. These complaints will be received, studied and analyzed by the Anti-Fraud Committee.
Likewise, it is reported that in addition to the procedures established in this same document, any citizen or public employee may report allegedly fraudulent acts to the SNCA, through the external reporting channel “Infofraude”, enabled for this purpose by said service at the web address :
Link to complaints channel SNCA:
https://www.igae.pap.hacienda.gob.es/sitios/igae/es-ES/paginas/denan.aspx
CONFLICT OF INTERESTS
In order to guarantee impartiality in the contracting/subsidy procedures, the participants in the process of preparing and processing the files will make a declaration of absence of conflicts of interest (DACI).
PROPOSED ASSESSMENT OR RISK MATRIX
According to article 6.5.c of the PRTR Management Order, within the preparation of an Anti-Fraud Measures Plan, provision must be made for “…the execution, by the entity in question, of an evaluation of the risk, impact and probability of the risk of fraud in the key processes of the execution of the Recovery, Transformation and Resilience Plan and its periodic, biennial or annual review according to the risk of fraud and, in any case, when a case of fraud has been detected or there have been significant changes in the procedures or in the personnel”Therefore, the risk assessment seems to be limited to the phenomenon of fraud without including the other three risks − corruption, conflicts of interest and double financing − to which the MRR Regulation refers.
Notwithstanding the above, the proposed evaluation tool or risk matrix includes the four risks that affect the execution of the Mechanism and with respect to which it is necessary to adopt prevention and detection measures.
INSTITUTIONAL ANTI-FRAUD STATEMENT
The City Council of Jacarilla expressed its commitment to the highest standards in compliance with legal, ethical and moral standards, its adherence to the strictest principles of integrity, objectivity and honesty, so that its activity is perceived by all the agents that they relate to it as opposed to fraud and corruption in any of its forms.
