Weaknesses and omissions in certain areas, the Cyprus Broadcasting Authority, according to the findings of the Audit Service, as recorded in the report prepared and published today for 2019.
These weaknesses or omissions in terms of compliance with the relevant legislation relate, according to the Audit Service, mainly to. issues of staff and members of the Authority;[BRP]b. procurement procedures;[BRP]c. invoicing and collection of fees and fines;[BRP]d. delays in the collection of debts; and[BRP]e. in the housing of its offices,
indicating the need to adopt adequate mechanisms for identification and improvement/
correction
In addition, as documented in the report, there does not appear to be equal treatment between agencies in the control of infringements by TV and radio stations.
"In the infringement of the case category Advertising/Trafficking - frequency, duration, individual advertisements, ratio, not clearly distinguishable we observed that the following penalties were imposed on two Agencies: (a) Agency T2 was fined €34,400 and (b) Agency T8 was fined €7.750 (the fine also related to T8's infringements in the category Advertisements/Trafficking - content (exaggerated and unsubstantiated claims, defamation of other products, creation of false impressions), inducement to buy products/advertising children's toys at a time prohibited by law/unacceptable products to advertise/contained a competition without clearly stating how to obtain the conditions and Misleading the public/altering the views and positions of a person as expressed in a programme).
We (the Audit Office) note that in December 2018 a complaint was submitted to our Office regarding the objectivity of the amount of administrative fines imposed by the Authority and possible corruption offences. The complaint was in the form of a signed complaint. It was mainly directed against a former and a (then) member of the ARC, whom it accused of abuse of power, extortion, extortion of money by false representation and other criminal offences. The complaint was accompanied by copies of bank cheques, invoices and other evidence in support of the complainant's allegation that the two members of the ARC were receiving remuneration from a private station, either in the form of cash or to cover their own personal expenses, essentially to provide some kind of protection to the station. Our Office forwarded the case to the Attorney General of the Republic on 28.12.2018, who on 8.1.2019 instructed the Police for a criminal investigation. Based on our recent information from the Police, a criminal file was formed in the case, which was forwarded to the Legal Service on 3.8.2020 and the Attorney General decided on 14.9.2020 that there was no evidence to justify the criminal prosecution of any person."
VIEW HERE the full report on the Cyprus Broadcasting Authority
The main findings wear.
Delay in preparing the Budget.
Granting, improperly, four increments to an Assistant Secretary.
Incorrect calculation of rest leave and failure to deduct the first day of sick leave
from hourly staff salaries.
Payment of incorrect overseas maintenance allowances for official travel abroad
to members and staff of the Authority.
Payment of incorrect overseas maintenance allowances for official travel abroad
to members and staff of the Authority.
All provisions of public procurement legislation were not followed.
Payment of remuneration to a member of the Authority, a public sector employee, for
meetings within working hours.
Renting Authority office space - failure to obtain a certificate of final approval
for the rented building and renewals of the rental period after the expiry of the
contract, without publishing a Call for Expression of Interest to cover the
housing needs of the Authority.[BR]Untimely billing of agencies for permit fees, which is done by sending a[BR]letter instead of an invoice and delaying payment of fees by the[BR]agencies.
4 surcharges in one year
By way of example, as stated in the Report, during 2017, four surcharges were improperly granted to an Authority employee, resulting in the employee in question being assigned from 1.2.2.2017 to Grade 8 (€11.667) of Scale A2, instead of Grade 4 (€11.134) of the same scale. Extensive reference on the above matter was made in the audit letter to the ARC, dated. 19.8.2019 and in our Special Report no. ARK/01/2019, which concerned the audit of ARK's accounts for 2018. In this matter, the Service recommended that legal advice be sought on the possibility of revoking the decision to waive these surcharges. In the event[BR] that it is not legally feasible to revoke the waiver of the increments, the damage suffered by the Authority should be[BR] calculated and legal advice should be sought on the possibility of the Authority taking legal action in a civil action against the former Executive Chairman, as his actions appear to possibly lack the element of good faith.
"The Authority sought and received legal advice on this matter from a specific legal advisor, who, by letter dated 15.10.2009, stated that the Authority's legal advice on the matter does not appear to be in good faith. 22.1.2020, expressed the view that, in view of the contrary opinion of the Department of Public Administration and Personnel, the[BR] granting of the additional increments should be considered as an illegal administrative act and the Authority should proceed to revoke the said illegal act, so as to act within the principles of legality and good administration. Despite the recommendation of its legal advisor, the Authority has not yet proceeded to revoke the above decision," the Report states. The Audit Office states that the Authority, should proceed to revoke the concession of the additional increments, a position with which its legal adviser agrees.
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