Le Figaro Nice
For once, the LR deputy for the 2nd constituency of the Alpes-Maritimes, Christelle d'Intorni, once again charges the mayor of Nice.
Already singled out by the parliamentarian in several local cases, Christian Estrosi (Horizons) is now for the protection and compensation of his municipal police officers.
In a caustic letter dated February 1 and which we were able to consult on Monday, the MP informed the 68-year-old councilor of the
“legitimate anger and [the] feeling of abandonment [which] seizes the police Municipality of Nice
.
This is in light of the testimony of several agents who deplore, according to him, the categorical refusal of the municipality to compensate their losses.
A fragile accusation, vigorously refuted by the Riviera capital.
But what harm are these?
When a police officer is on mission and is the victim of verbal or even physical attacks, a complaint is almost automatically filed.
The accused is tried and most of the time convicted under the criminal action as well as under the civil action when the agent has become a civil party.
However, it is not uncommon for the offender to be insolvent, so that the civil servant cannot obtain full compensation for his damage.
This is where the role of the employer, in this case the town hall, comes into play.
Under article L 134-5 of the general civil service code,
“the public community is required to protect public officials against willful attacks on their personal integrity, violence, actions constituting harassment , threats, insults, defamation or outrages of which he could be the victim without any personal fault being attributable to him.
It is required to repair, if necessary, the damage that resulted from it.
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“A clear abuse of power”
A legal obligation to which the 5th city in France would refuse to comply according to Christelle d'Intorni.
The MP cites as proof the case of an agent injured on mission on February 13, 2021 while trying to stop a car driving in the wrong direction and running red lights.
According to the judgment of the Nice judicial court of May 10, 2023, the damage was estimated at 3,720 euros.
A judgment which was declared enforceable against the city so that it had, in theory, no other choice but to compensate its agent.
"In vain.
You refuse to pay him a single euro
,” the Maralpine MP supports Christian Estrosi in her missive.
Contacted by
Le Figaro
, the official confirms and goes further.
“This is the second case, but there is a first for which I am waiting to be compensated to the tune of 13,500 euros since a judgment in November 2022
,” certifies this police officer whom we will call Grégoire.
“To tell you how seriously the justice system takes the matter, the town hall was ordered by a justice commissioner in August 2023 to pay this sum
,” he certifies.
Information which is based solely on the word of this agent and which the Nice court does not confirm.
In addition, the municipality indicates that it is not aware of the file.
“We searched but we have no trace of this history nor of this sum at this period
,” we swear.
"Lies !"
according to Grégoire, who says he is not the only one in this situation.
According to him, a certain number of them have taken the matter to the administrative court to contest what the MP, close to Eric Ciotti, considers to be a
“clear abuse of power”
.
But again, there is nothing to prove it.
It would even be quite the opposite.
When requested, the administrative prosecutor's office explains that it has
"recently recorded no request from a municipal police officer in the city of Nice seeking the annulment of a decision to refuse functional protection."
And the LR parliamentarian argued, without providing further evidence, that Christian Estrosi would have
“given instructions to no longer cover the slightest compensation under the provisions of article L 134-5 of the general civil service code” .
“To dare to speak about it publicly when you are still in office you have to have a certain guts because there is no going back.
Then, generally it’s the pound
,” insists Grégoire.
As proof of his honesty and the city's manifest refusal to pay for the famous damages, he transferred to us a conversation with a man he says is a municipal police officer from Nice:
"You are one of those who are refused treatment. charge ?"
, he asks.
The colleague:
“Yes, but I did not go to the administrative court because SARVI compensated us and the lawyer agreed to be paid half price”
.
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“Outrageous and caricatured” statements
In fact, it happens that in certain cases such as those concerning municipal police officers, the SARVI (Recovery Assistance Service for Crime Victims) takes charge of the compensation due and then turns to the employer.
Annoyed by the start of controversy that the subject, brought to light at the start of the week by the regional daily
Nice-Matin
, has provoked locally, the first deputy mayor, Anthony Borré, issued a press release shared on X on Wednesday (ex-Twitter).
He denounces Christelle d'Intorni's
“once again outrageous and caricatured”
statements and categorically denies the accusations.
“Obviously this is false,”
he wrote.
“The city of Nice has for a long time granted, after examining the admissibility of the request, functional protection to its police officers, which includes covering legal fees,”
he retorts.
According to the elected official, 90 cases would have benefited from this protection in 2023 and three would have been refused
“for precise and determined reasons”
.
Or 50,000 euros supported by the community over the last year.
Regarding the payment of damages owed by the authors when they are convicted, Christian Estrosi's right-hand man considers that
"the Nice taxpayer must not automatically replace the offenders"
.
For cases of insolvency, municipal police officers would still have access to a victims' guarantee fund.
“In the event of difficulty or if he does not wish to seize this fund, the agent can contact the community so that, without taking the place of the convicted perpetrator, it grants fair compensation for the damage suffered
,” he concludes.
It is then up to the city to recover this amount from the offender.