The order was issued by the First Civil Section of the court, presided over by Alessandra Tabarro, with judges Eugenio Troisi and Nadia Zampogna, accepting an appeal filed by opposition councilors after Santarpia's election in October 2021.
The dispute was based on a conflict of interest arising from the role of the mayor's brother, Gaetano Santarpia, as legal representative of the company GE.TE.T. Spa., which manages the municipal treasury of Frignano.
Gaetano Santarpia had signed a five-year procurement contract with the municipality in June 2021, before his brother Lucio became mayor. Despite Lucio Santarpia's defense, who argued that the incompatibility should be assessed with respect to the company's partners and not the legal representative, the judges rejected this interpretation.
According to the ruling, the incompatibility concerns not only the relationships with the company's partners but also with its legal representative, given the broad responsibilities and potential economic and patrimonial conflicts arising from the role of Gaetano Santarpia. The panel therefore concluded that "the incompatibility exists for the mayor whose brother, a second-degree collateral relative, is the legal representative of GE.TE.T. Spa., which manages the treasury service for the Municipality of Frignano."
The court order on the issue of incompatibility between the mayor and his brother who manages the municipal treasury is interesting, but there are aspects that deserve to be explored in more detail to better clarify the dynamics involved.
The court's decision was very complex and led to a lot of discussion. It is important to have clear rules on conflict of interest, especially in cases where there are family ties. But, I don't know if this ruling really solves the problem.