Twelve years after the courts annulled the last Job Position List (RPT) of the Arrecife City Council, the City Council still has not approved a new document. Now, a ruling by the Contentious-Administrative Court Number 4 of Las Palmas confirms that the City Council is violating the law, since that document is mandatory for the "organization of its personnel in accordance with the needs of the services", and therefore for any possible expansion of the staff.
That is the reason that has led the Court to uphold an appeal filed by the Asipal-CSL union against the Public Employment Offer approved in May 2019, to cover eight positions for Local Police officers and one for a sub-commissioner. Based on that Employment Offer, a contest was called, which has already concluded and through which those selected have already been incorporated into their positions, currently in a probationary period.
"I have to see and analyze not only with the Police, but also with Human Resources, what the scope of the ruling is," said the councilor of the area, Alfredo Medoza, this Wednesday morning, pointing out that during this day the issue will be debated in the City Council. However, he has already stated that they will appeal the ruling, which is not yet final.
The ruling, however, does not expressly annul the call for that contest, since Asipal's appeal was not directed directly against that act. Initially, the union appealed to the City Council itself against the decree that approved the Public Employment Offer, and the City Council did not even respond, continuing with the process. Thus, what Asipal took to the Courts was the presumed rejection of its appeal, which is what has now been annulled by the Court.
"The annulment pronouncement can only refer to the challenged act, without being able to extend to the calls that may have been made under the OEP appealed", the ruling clarifies, emphasizing that this was not part of the initial claim, although the union did raise it later.
In any case, beyond the consequences it may have for that specific contest, the ruling puts the hiring in the Arrecife City Council in check while it continues without approving its Job Position List.
In this regard, the ruling questions the "inactivity" of the City Council, "which despite the time elapsed since the annulment by judgment of the RPT -in 2008- has not been able to approve a new technical instrument for the organization of its personnel, thus failing to comply with the legal obligation established in Art. 74 of the TRLEBEP".
In addition, although the City Council argued that "as an alternative to the RPT" it had "the validity of an organic staff", the Court emphasizes that the only thing it provided during the hearing was the 2017 budget -which was extended in 2018 and 2019-, and in which the municipal staff is included.
"Said staff does not comply with the requirements of Art. 74 of the TREBEP, as it does not determine the essential characteristics of the position, the requirements for its occupation, or the supplementary remuneration, its purpose being mainly for budgetary organization, so it cannot be considered as a 'similar instrument' to the RPT", the Court warns in this regard. In addition, the ruling condemns the City Council to pay the costs, having upheld the claim, which Asipal also directed against the Independent and Civil Servants Central Csi-Csif, as a co-defendant.
"The Arrecife City Council is not easy at all, because any action you want to carry out, you will always encounter some problem, but that's what we are here for, to try to find a solution and redirect the issues as soon as possible," said Councilor Alfredo Mendoza, who recalled that that Public Employment Offer was approved by the previous mayor, Eva de Anta. "The most we could do is get it forward," he defended.
Regarding the RPT, he stated that he "knows" that Human Resources "is working on this issue". "The truth is that it is a tedious and hard work, because the area of Human Resources was not very well staffed and now it has been possible to provide it with technicians and administrative staff to carry out issues such as this, an RPT that puts things in their place," added the councilman.
