An annulment lawsuit seeks to annul powerful decrees that allowed the administrative restructuring of the mayor’s office. The plaintiff is a municipal councilor.
Diario del Huila, Investigation
Carlos Andrés Pérez Trujillo
The former mayor of Rivera, Jhon Jairo Yepes Perdomo (2020-2023), before giving up his position in December of last year, administratively restructured the Mayor’s Office by creating 15 new staff positions.
The lawsuit, which was filed by Andrés Alfonso Calderón Bohórquez, has already rested in the Administrative Court of Huila since last May 15; and was admitted on the 17th of the same month. In addition to this, a complaint was filed with the Attorney General’s Office with the purpose of investigating the mayor and the lobbyists of the time who approved the powers of the mayor.
The judicial action that was filed by the Liberal councilor of this town, Calderón Bohórquez, seeks to throw down six decrees that gave life to certain powers to the Mayor that allowed him to create these positions.
The creation of positions
Diario del Huila spoke with the complainant councilor, who told us that in these days the precautionary measure that could suspend the administrative acts issued by Mayor Yepes Perdomo will be defined.
One of these decrees is 095 (December 23, 2023) “By which the staff of the municipal mayor’s office of Rivera Huila is established.”
For the complainant councilor, this new staff has no other consideration than the will and discretionary criteria of Mayor Yepes.
Apparently there is no precision about the need to create positions, nor the analysis of the impact of the competencies to be developed, nor the measurement of workloads, with respect to plant personnel and management support personnel linked by service. of services, nor are the functions and profiles of the positions to be created evaluated.
On the other hand, in relation to Decree 096 of December 23, 2023, “By which the Specific Manual of functions and Labor Competencies is adjusted for the jobs of the Personnel Plant of the Municipal Mayor of Rivera -Huila and dictate other provisions.” In this, Calderón points out, that there is no manual that individualizes the jobs of the adopted plant, “nor does it specify the functions and competencies of each of them, nor their requirements: In the resolves, a grouping is made by levels, with mere transcriptions of general functions in them, without making any reference to the positions adopted, classifying each job.”
For Calderón, the omissions and shortcomings indicated allow us to infer that the questioned act ignores Article 122 of the Political Constitution, which clearly states that there will be no public employment that does not have detailed functions in the law or regulation, so for To provide paid positions, it is required that they be contemplated in the respective personnel plan and the emoluments that are provided for in the corresponding budget.
In addition to what has already been mentioned, the complainant councilor mentioned that this decree also violates Article 32 of Decree No. 785 of 2005, defining that the “Issue, adoption, addition, modification or updating of the specific manual will be carried out by administrative act of the competent authority subject to the provisions of this decree (…)”. And he adds: “for which the personnel unit of each organization or the one that takes its place, must carry out the studies for the preparation, updating, modification or addition of the manual of functions and requirements and ensure compliance with the provisions of this decree, aspects that were not considered in the motivation and traceability of the redesign.”
In this way, it is ensured that the council granted “temporary authorizations” to the Mayor for powers that belong to the corporation, with two conditions: for a period of 8 months and “based on the institutional redesign study of the municipal central administration”: the council cannot “authorize” those powers; The Corporation can “pro tempore empower” the Mayor with precise and specific powers, with a restricted meaning and maximum for 6 months. Apparently, the processing of the draft Agreement disrupted the attribution of the “authorization” with the attribution of the “pro tempore powers”, the first being the powers of the mayor and the second being the powers of the Council.
In this way, the plaintiff councilor considers that the legal effects of Municipal Agreement No. 003 of January 31, 2023, “by which the Municipal Mayor is temporarily authorized to exercise functions of the Council,” should be suspended, since thanks to this administrative act, six more decrees were given life that restructured the personnel plant.
A warned suspension
Luis Humberto Alvarado Guzmán, the newly inaugurated mayor of Rivera (Huila), was suspended from office, as jurists and opponents of the president warned, long before the elections.
The day arrived and last month a warned suspension was finalized from which he could not be saved, despite the fact that he avoided it at all costs. This precautionary measure issued by the Administrative Court of Huila is temporary, until the electoral nullity to which his credential as mayor was subjected is defined.
The truth is, there are three demands that will have to be defended. All of these judicial actions have the purpose of nullifying the credential that gave him as the winner of the Rivera mayoral elections. Consequently, what is requested, if the lawsuit is won, is that new elections be called.
The reasons that motivated these demands are the relationship that Alvarado Guzmán has with Nidia Guzmán Durán (mother), current rector of the Universidad Surcolombiana, who, in addition, also demanded her election and a judge restored her to the position. But, basically, it was due to the contracts that the rector signed and that, due to the character of the University, affected her son with a disability.
The lawsuits were filed by Luis Carlos Puentes Puentes, Efraín Puentes Fernández and Jhon Faiver Arce Trujillo.
You can read: The Attorney General’s Office demands explanations from INPEC for the attack on a Barranquilla clinic
