PFEI refers complaint against Cataño mayor to comptroller, OEG & electoral comptroller

While the Special Independent Prosecutor Panel welcomed the island Justice Department’s decision not to appoint a prosecutor to investigate Cataño Mayor Julio Alicea Vasallo, the matter will be referred to the Office of the Comptroller, the Office of Government Ethics and the electoral comptroller.

By THE STAR STAFF

The Special Independent Prosecutor Panel (PFEI by its initials in Spanish) on Tuesday welcomed the island Department of Justice’s decision not to appoint a prosecutor to investigate Cataño Mayor Julio Alicea Vasallo.

However, the matter will be referred to the Comptroller’s Office, the Office of Government Ethics, and the electoral comptroller.

“Based on the report, the accompanying evidence, and after a careful analysis of the entire investigation, the Panel concluded that, at this time, there is not enough evidence to achieve a conviction in a judicial proceeding,” a PFEI spokesperson said in a written statement. “Therefore, it accepted the Justice Department’s recommendation not to appoint an Independent Special Prosecutor, but referred the report to the Puerto Rico Comptroller’s Office, the Office of Government Ethics, and the Electoral Comptroller for the corresponding evaluation, particularly regarding the alleged administrative deficiencies in the management of internal attendance controls and vehicle fleets.”

The case originated through a referral from the State Elections Commission (SEC) related to a complaint filed by Kimberly Torres Reyes against Alicea Vasallo. It was alleged that the mayor, in his capacity as a candidate for reelection, used municipal employees during working hours to transport senior citizens to the post office to collect early voting ballots; that official municipal vehicles were used for election purposes; that some employees filled out ballots with markers; and that a voter received money in exchange for her vote.

The Justice Department referred the case to its Division of Public Integrity and Comptroller’s Affairs (DIPAC).

“The DIPAC investigation was extensive, with multiple sworn statements from the complainant, municipal employees, and the aforementioned voter,” the panel’s resolution reads. “Attendance records from the municipal Human Resources Department, official certifications, as well as photographic and video evidence obtained from the cell phone of the complainant, who is the daughter of the opposition mayoral candidate at the time, were also evaluated.

“In the analysis conducted by the Department of Justice, irregularities were detected in attendance cards and exit punches,” the resolution continues. “It adds that these findings, although they merit evaluation from an administrative perspective, do not allow for a criminal conclusion, based on the evidence currently available, that the employees were performing official duties at the post office with the intent to commit a crime, nor that the mayor ordered the improper and illegal use of public funds.”

“The documentation collected shows that several of the employees were on sick leave, vacation, or compensatory time,” notes the resolution. “The use of official vehicles for political-partisan purposes was also not proven, and in fact, it was found that, due to the post office’s location at the main exit of the municipality, every vehicle leaving the mayor’s office had to pass through there. These elements explain the observed attendance, without inferring criminal conduct.”