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Exasperated by Roger Bienaimé’s behavior towards them, the mayor and three municipal agents decided to file a complaint against him in October 2023 for moral harassment. A requalified case of ” common law harassment and not at work Insists the Defense lawyer to refocus the debates on the right reason which was the subject of a referral to the hearing of November 18, 2023.
The 74 -year -old Rainvillois, technician in aeronautics for the Thales group Retired for 10 years, is a member of the association of national scope ” Taxpayers and associates Who militates for the reduction of public spending and against the waste of taxes, knows his rights very well he cites in court, his documents in hand, trembling. “” It is a retiree who is keen to be treated equally. »Note the defense.
In 2012, Roger Bienaimé initiated a first procedure to denounce a property tax calculation. ” He was dismissed “Specifies the lawyer for the civil party. Since this period, to set up his files, the retiree procedure ” is omnipresent »In town hall according to town hall secretary who has not filed a complaint. The latter speaks ” d ‘relentlessness “Because man” Returns regularly, I am not reassured, it is tiring ”when some documents are refused to him, such as the land taxes to which he cannot have access according to the secretary. What Roger Bienaimé rejects recalling that this ” offense »Supported to the administrative court has been recognized.
Unfounded suspicions
That same year, when Roger Bienaimé took photos ” of the reference room to constitute my thesis, not municipal agents»As part of this Land litigationhe sees one of the municipal agents leaving a resident close to the premises outside his working time ” To help him». Roger then puts away his camera, pretend to go back to go back to the locals tell him that the municipal agent has nothing to do with him, convinced that the municipal employee is ” used for private purposes outside of his working time ». In unfounded suspicions according to the president who tries to make him understand that he is not an investigator and that nothing proves that municipal employees are commissioned by the mayor.
Another dispute follows the purchase of a cemetery concession For his wife who died in 2017. “ From 2012 to 2017, Roger Bienaimé was constantly at the bedside of his suffering wife between the rehabilitation center and the Amiens hospital ”, pleads the defense lawyer to explain that the man could therefore not have during this period having the acts reproached to him to refocus the debate over the three months from June to September 2023.
Turial municipal
In 2020, COVID Year, the retiree appeared in the elections municipal “” as an independent candidate to be simple city councilor. I wanted to try the experience because there was nooppositionbut not to be mayor He specifies at the helm. It was from this time that Roger regularly went to the town hall to consult cadastral documents. “” To campaign, you must have documents ” defends Roger at the helm. New procedures are initiated with the administrative court in particular to denounce the management of municipal finances, ” the use of false and uses of false by holder of public authority ». “The judge made me right three times by recognizing offenses Says Roger. “” The mayor asserts the opposite …The president retorts.
During this period, one of the municipal employees collects on the public highway a leaflet under cover of the association “taxpayers and associates” attributing the poor score of 2.5 out of 20 to the municipal management. During these elections, leaflets, his disseminated outside the deadline recalls Roger in the court: “ The mayor won it wrongly to have my election canceled. I filed a complaint. »»
A tension climate
Everything accelerates in June 2023 according to municipal employees practicing for the most part for several decades who feel “spiral”By the retiree that they suspect of taking them in photos even going so far as to question one of them in front of his home on his working hours. “” He constantly goes on all the positions where we work, observes us. One day, while I was showing a big tent in July, he asked me what I was doing outside my working time. I think he took a picture of me because my son saw him with his phone. Another time, when I had gone outside my working time To residents to help them, he came home to tell them that I had nothing to do with it. It tires me, it weighs on morale, I am not serene. “One of them told the gendarmes. The only complainant to have provided a medical certificate which attests to anxiety disorders and sleep.
A pressure felt by another municipal employee who feels ” Stressed “:” Once he even pushed the cork, coming to my house to wonder about my working hours. He is always there to spy on us, it is morally using. It is not aggressive but can be injured verbally. “A third employee, the youngest confirms:” We often see him, it’s boring. It bothers me, it’s not my boss. “” Do you find that normal? ” It’s not possible! It’s not your friend! »Rumble The president annoyed by the behavior of the defendant to the representative hearing of the facts alleged against him: ” You go into details, do not answer questions … »»
“” It is not my fault if I come across litigious situations !To defend himself during his long hearing without recognizing moral harassment on the mayor and the employees. At the hearing, he admits taking photos of ” poorly maintained channels “, Or public display signs which are inside the town hall instead” to be outside as in other municipalities »… For leaflets under the cover of the association” taxpayer and associates “, again, Roger has an explanation:” They are accessible and public on the net. There are members in all the municipalities of France. Anyone can get them. ”
Stop excessive rights exercise
“” I agree for the exercise of rights but sometimes it can degenerate in abuse Patus the lawyer for the civil party, which claims only the sum of 1,200 euros for the reimbursement of the lawyers assumed by the town hall. All want ” that he understands that he can exercise his rights without vilifying and controlling them. »»
The prosecutor requires the relaxed For the period from September 1, 2012 to 2017, prescribedto refocus the judgment on the period from June to September 2023 to the great satisfaction of the defense, on ” exasperating and repeated behavior Which is criticized in Roger against the only municipal employee to have provided a medical certificate. A fine of 600 euros, a prohibition of contact and to appear at the home of this employee for 2 years and his ineligibility for a year are required.
Requisitions on which the defense is based for its pleading in favor of an integral relaxation in ” The lack of proof of legal existence of moral harassment on this short period from June to September 2023 Allowing the court to enter into the process of convicted: ” We have exceeded the terminals of rigor of a criminal procedure Considering that this case has no place before this jurisdiction argues the lawyer.
A pleading heard by the court which releases the defendant of the facts alleged against him and dismisses the civil parties. All other procedures would be closed and no other procedure would be initiated. A little respite in Rainvillers?
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