Gaël Perdriau, the mayor of Saint-Etienne suspected of being involved in a sextape blackmail case, can he be removed from office, when he categorically refuses to resign? The wish was made Monday by the elected representatives of the opposition, at the end of a particularly stormy municipal council. However, it was not presented at the meeting, since the majority voted against by a show of hands.
The Council of Ministers nevertheless has the power to dismiss a mayor, in extremely specific cases. Article L. 2122-16 of the General Code of Local Authorities (CGCT) stipulates that the dismissal may be pronounced “in the event of misconduct by the mayor in the exercise of his functions” or when the latter “is involved in acts , which although foreign to the nature of his functions, taint his moral authority”, namely a sentence of imprisonment for indecent assault on minors, an indictment for use of forgery or assistance with residence irregular foreigners.
If the alleged facts “are not of such seriousness”, but they nevertheless deserve “to be sanctioned”, the Minister of the Interior can however decide to suspend the mayor “for a period not exceeding one month “.
“A dismissal is extremely rare”, answers Gabriel Attal, former government spokesperson, questioned on this subject on Tuesday in the program “C à Vous”. “I no longer engage the government when I speak, but it seems complicated to me to make a decision in the case of the case,” he continues.
Six mayors dismissed since 1958
Under the Fifth Republic, six mayors were dismissed in France. Roger Wahnapo, mayor of Lifou (New Caledonia), is the first on the list. He was impeached in 1967 for making “outrageous remarks” at a 9/11 commemoration ceremony.
Sentenced to two years in prison, including a 23-month suspended sentence for indecent assault on minors under 15, Raymond Chalvet, mayor of the commune of Lavelade-d’Ardèche, was dismissed in 1986. Gérard Dalongeville, who headed the city of Hénin-Beaumon (Pas-de-Calais), was suspended from office in 2009, before being indicted and then convicted for embezzlement of public funds, offenses of favouritism, use of forgery and passive corruption.
Ahmed Souffou, the mayor of Koungou (Mayotte) was definitively removed from office in 2012. He was accused of having helped foreigners in an irregular situation in return for payment. The fifth sanctioned mayor is Jean-Paul Goudou, who led the commune of Saint-Privat (Hérault). Sentenced to six months in prison for forgery, use of forgery and fraud, he was dismissed in 2013. This did not prevent him from being re-elected the following year.
The last revocation dates back to August 2019. It concerns Stéphane Sieczkowski-Samier, who led the city of Hesdin (Pas-de-Calais). He was sentenced the following year to a three-year suspended prison sentence for having embezzled nearly 77,000 euros to cover his mission expenses, pay for his fuel. His sentence was reduced to two years in prison, suspended on appeal.