Lori Regional Governor Files Lawsuit Against Gyulagarak Community Council
The Lori Regional Administration has issued a statement that we present below:
“Dear compatriots, beloved residents of Lori,
Recent events and developments in the Gyulagarak community of Lori have compelled me, as the Governor of Lori, to make a statement regarding the illegal actions of Gyulagarak Mayor Mher Gevorgyan.
On April 10 of this year, at 11:00 AM, a session of the Gyulagarak community council was broadcast live on the community's Facebook platform, during which Mayor Mher Gevorgyan presented his resignation to the council. The resignation request was also sent to the Lori Regional Administration via email. However, days later, a letter containing the minutes of the extraordinary session of the community council dated April 10, 2020 was submitted to the Lori Regional Administration by the staff of the community, in which the agenda did not include the issue of the mayor's resignation.
The extent of the forgery of the document will become clear in the near future.
Based on the aforementioned facts, the Lori Governor has submitted a lawsuit to the Administrative Court of the Republic of Armenia against the Gyulagarak community council, demanding that an official record be drawn up regarding the early termination of the mayor's powers and the obligation to submit that record to the Governor of Lori.
Additionally, on April 29, 2020, a letter was addressed by the Lori Governor to the Prosecutor of the Lori region, G. Manukyan, stating: “Considering the events that occurred, I request a legal assessment of the actions and unlawful behavior of the Gyulagarak community council, the mayor, and the community administration secretary, and to proceed in accordance with the law of the Republic of Armenia.”
The lawsuit filed by the Lori Governor has been accepted for proceedings by the Administrative Court, and the public will be informed of the results after the trial concludes.
Today, we have learned that Mher Gevorgyan has dismissed the administrative heads of Vardablur and Kurtan communities, Ruslan Ohanyan and Narek Nalbandyan. It should be noted that both were unlawfully dismissed.
The head of Vardablur submitted a resignation request, to which Mher Gevorgyan's order to terminate the administrative head's powers followed the next day.
According to Article 109, Clause 1, Sub-Clause 3 of the Labor Code of the Republic of Armenia, a labor contract is terminated on the initiative of the employee, but according to Article 112, Clause 3 of the same code, the employee has the right to withdraw the notice of termination of the labor contract no later than three working days from the date of submission. Thus, Mher Gevorgyan's order violated the rights of the administrative head of Vardablur, as enshrined in Clause 3 of Article 112 of the Labor Code. The latter can withdraw his resignation request within three working days, which has not yet expired.
As for the administrative head of Kurtan, Mher Gevorgyan's order is also unlawful for the following reason. The legal basis cited in the order refers to Article 113, Clause 1, Sub-Clause 6 of the Labor Code, which states a loss of trust in the employee. I present Article 122 of the Labor Code, which clearly explains the circumstances under which a contract with a trust-lost employee can be terminated:
- In servicing monetary or property values, if the employee has committed acts that have caused the employer material damage.
- If the employee performing educational functions has committed acts that are incompatible with the continuation of that work.
- If the employee has disclosed state, service, commercial, or technological secrets, or has informed a competing organization about them.
Hence, the urgent question arises: which of the aforementioned clauses did the administrative head of Kurtan violate?
In conclusion, the developments in Gyulagarak over the last 20 days reaffirm my position regarding a mayor who has been guided by pressures and the obsession of personal gain over many decades. The era of pressures, violence, and intimidation, and of solving issues through bribery and uproar has passed. Power now belongs to the people, who deserve to have a diligent and hardworking mayor, who, instead of deceiving residents with minimal social support and benefits while continuously expanding his personal property, would truly engage in fair, honest, and creative work.
As the Lori Governor, I condemn the illegal actions of the Gyulagarak mayor.
ANDREY GHKHKASYAN
GOVERNOR OF LORI”