The General Comptroller of the State confirmed the dismissal of Richard Espinosa, president of the Ecuadorian Institute of Social Security in the case of the elimination of the State’s debt with the entity.
The Comptroller’s office decided “to confirm the administrative responsibility No. 11 72-DNPR of October 11, 2017, which consists of a fine of USD 7 320 … and the sanction of dismissal against Richard Gonzalo Espinosa Guzmán, Chairman of the Board of Directors. , in the analyzed period, of the Ecuadorian Institute of Social Security “.
Espinosa had 30 days to submit discharges to the report of June 20, with administrative responsibility for the elimination of USD 2 527.8 million of debt from the State, from the financial statements of Social Security until September 2016. That period ended.
Last year, the Ecuadorian Institute of Social Security argued that it dropped these values after a Commission formed between the Ecuadorian Institute of Social Security and the Ministry of Finance concluded that “there is no debt due for the lack of Regulation to the Social Security Law”.
The Comptroller’s Office determined that the State owes the Ecuadorian Institute of Social Security USD 2 527.8 million and decided to replace the values in the financial statements. The control entity concluded that the Commission did not aim to determine the existence of the debt, but rather the values to be paid.
On October 17, 2017, Espinosa admitted that he had received a notification from the Comptroller’s Office so that within 30 days he would be held responsible for the debt. Meanwhile, he remained in office.
But this November 21, the control entity said that the deadline ended, without disclaiming responsibilities and sanctioned Espinosa with the dismissal of the charge.
According to the Organic Law of the Comptroller (article 48), the agency does have the authority to sanction a public official with dismissal, if administrative responsibilities are determined in one of its audit examinations: “Penalties of dismissal or fine, or both jointly, they will be executed by the corresponding appointing authority of the institution of the State on which the server depends, at the request and by a final decision of the General Comptroller of the State.”
Article 46 of the same Law, modified on December 18, 2015, states: “Without prejudice to any civil liabilities or criminal liability that may arise, the dignitaries, authorities, officials and other servants of the institutions of the State (…) that incur one or more of the causes of culpable administrative responsibility (…) arising from the results of audits, will be punished with a fine of one to twenty basic salaries (…), without prejudice to civil and criminal liabilities to that there is place, according to the gravity of the committed fault, being able besides to be dismissed of the position “. (I)