TO THE GENERAL DIRECTORATE OF SECURITY AND EMERGENCIES OF THE GOVERNMENT OF THE CANARY ISLANDS
"According to the resolution of December 22, 2010, of the Arrecife City Council (Las Palmas), regarding the call to fill several positions.
The rules that will govern the open competition for the provision of fifteen Local Police positions, of Special Administration, Special Services, have been published in full in the «Official Gazette of the Province of Las Palmas» number 135, of October 20, 2010; likewise, the incorporation of section i) to base 3 of said call has been published in the «Official Gazette of the Province of Las Palmas» number 161, of December 15, 2010. They have also been published in full in the «Official Gazette of the Canary Islands» number 245, of December 15, 2010.
Exposes:
Description of irregularities observed in the selection process for the provision of fifteen Local Police positions of the Arrecife City Council from its beginning to date.
Arguments:
On April 27, 2011, the process begins with the height measurement test in place: in the Assembly Hall of the Municipal Archive of the Arrecife City Council at 08:30 hours, with calls, "by order of performance of the applicants alphabetically, starting with the opponent whose first surname begins with the letter determined by the annual draw carried out by the Secretary of State for Public Administration, referred to in article 17 of Royal Decree 364/1995 of March 10, or current regulations at any time".
The first irregularity appears in the first test, the height measurement, when making the first appointments of applicants and not being present, these were skipped by the court, continuing with the rest to later make a second call with a delay of up to two hours to around 40 (forty) opponents, who were not excluded from the selection process despite what is stipulated in the bases:" art. 9.1.1 Applicants will be summoned for each exercise in a single call. Except in cases of force majeure, invoked in advance, duly justified and assessed by the Court with absolute freedom of criteria, the non-presentation of an applicant to any of the mandatory exercises at the time of being called?".
Secondly, mention the medical Tribunal assigned as Specialist Advisors for height measurement and Medical Tests on behalf of PREVIMAC, Occupational Health and Safety S. L. U. and that its designation was not published in the Official Gazette of the Province in case any of the causes of abstention or recusal occurred in accordance with what is stipulated: "in accordance with the provisions of Decree 178/2006, of December 5, which establishes the basic conditions of access, promotion and mobility of the members of the Local Police Corps of the Canary Islands, and the Decree of this mayor's office Ref: RR.HH 371/2010".
This generated confusion among the applicants, since it was not known who they were or if they could have a family relationship with any applicant, carrying out these tests behind closed doors from the rest of the opponents.
On May 2, 2011, the physical tests began in the Arrecife Sports City, and before the development of the same, the qualifying Tribunal requests certain documentation that was not included in the bases as to be delivered on the day of the physical tests such as: Original high school diploma or equivalent (the presentation of said documentation is not included in the bases of the call), as well as an official medical certificate issued on the form published by the General Council of the Official College of Physicians of Spain, not verifying if the date of said medical certificate was in force or expired, since as stipulated in the bases this should be issued within 15 (fifteen) days prior to the date of the development of the tests.
In relation to the official documentation of the High School Diploma or equivalent at the time the call ended, the non-presentation of the same resulted in the exclusion of the applicant, making an exception with those opponents not residing on the island of Lanzarote, to whom they were given the possibility of sending said document by fax throughout the day, not being possible to confirm the veracity of these academic titles, and also creating a more than undoubted comparative grievance by giving a different treatment to people in the same situation. This fact created discomfort in the opponents since they were going to be excluded from the process if they did not have the documentation in the time imposed by the Tribunal, except of course, those who were given the possibility of presenting them throughout the day in fax paper.
At the end of the presentation of these documents, the first physical test of the process (horizontal jump) is carried out, by the special advisors appointed, being these: Doña Esther Betancort González and Doña Diana de León Betancort, Technicians of the Excmo. Cabildo Insular de Lanzarote, as well as by an assistant advisor (present and collaborator in the development of each of the physical tests carried out in this call) and which does not appear designated in the bases of said provision of Local Police positions, this last collaborator must appear designated inexcusably, as stipulated in the aforementioned bases. "its designation has to be published in the Official Gazette of the Province in case any of the causes of abstention or recusal occur in accordance with what is established in Decree 178/2006, of December 5, which establishes the basic conditions of access, promotion and mobility of the members of the Local Police Corps of the Canary Islands, and the Decree of this mayor's office Ref: RR.HH 371/2010".
On May 3, 2011, the physical test number two of the process began, arm flexions (men) and sustained arm flexion (women) with the following irregularities:
-Men were not allowed to use a stool or similar to hang from the bar, even if requested previously by the opponents.
-The "fixed" bar, as can be seen in the attached photo, cannot be considered a bar as such since one end of it hangs held by a chain on the same wall, causing instability and swaying and causing the oscillation of the opponent of at least 0.5 meters, and is that said bar did not present the characteristics, not even similar, described in the bases, being of inexcusable compliance what is determined in said bases, or at least that it was a "fixed" bar and of similar characteristics to what is stipulated, this not being the case.
Bases: "material: fixed bar located at a height between 2.15 and 2.50 meters, parallel and well fixed to the ground. Stool or similar in case someone needs it to hang from the bar" Drawing p. 35
On June 15, 2011, the applicants are summoned to the psychotechnical test in the Assembly Hall of the Local Corporation at 10:00 hours. The personnel in charge of carrying out this test turns out to be CINTE-LANZAROTE, Therapeutic Intervention Center S.L. being this center appointed as a specialist advisor, not appearing the name of the three specialists that compose it. "Its designation was not published in the Official Gazette of the Province in case any of the causes of abstention or recusal occurred in accordance with what is established in Decree 178/2006, of December 5, which establishes the basic conditions of access, promotion and mobility of the members of the Local Police Corps of the Canary Islands, and the Decree of this mayor's office Ref: RR.HH 371/2010".
At the time of the development of the first part of the test (psychotechnical exercise and personality test), the applicants were named in alphabetical order as it corresponded and as they were sitting in the order "opponent-free seat-opponent" until occupying the available seats in the room, and in the absence of space to place the rest of the opponents these were placed together on a large table, without the existence of separation as the previous one named between the applicants, despite being the booklet to be used the same for all the opponents of the test, creating again a more than evident comparative grievance by giving a different treatment to people in the same situation.
Once the previous tests were assessed, a personal interview was carried out with the suitable applicants in order to contrast and clarify any questions that may have arisen or that the evaluators consider related to the results, so the following irregularity is found in the results of this interview being scored with the note of level of aptitude in the skills measured the suitable applicants and the unsuitable applicants without note, the latter "having to present in these the indications that have been detected sufficiently proven by the lack of adequacy of the psychometric measures with the observed behavior of the candidate, that indicate a clear deficiency in their competences for the performance of the position.
Likewise, it should be noted that what is established in Title V, Chapter II, Article 53 of Organic Law 3/2007, of March 22, for the effective equality of women and men, has not been complied with, and in which it is specified that: "All the tribunals and selection bodies of the personnel of the General Administration of the State and of the public bodies linked to or dependent on it will respond to the principle of balanced presence of women and men, except for well-founded and objective reasons, duly motivated". For the purposes of this Law, balanced composition shall be understood as the presence of women and men in such a way that, in the group to which it refers, persons of each sex do not exceed sixty percent or are less than forty percent", this rule not having been complied with, the qualifying tribunal being constituted by percentages very distant from those established in the aforementioned Organic Law, specifically by 80% (eighty percent) of men and 20% (twenty percent) of women in some of the tests, and by 71% (seventy-one percent) of men and 29% (twenty-nine percent) of women in others.
We request:
That in view of the numerous irregularities that have occurred throughout the selective process that without any kind of doubt give rise to the challenge of the same, and without intending to enter into more interpretations or assessments than those exposed, proceed to the paralysis, revision, verification, and if necessary to start them again from the beginning."
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