A decree from last year, endorsed at the time by Gorky Muñoz Calderón, which established modifications to the specific manual of job duties and competencies for regular employees of the Mayor’s Office of Neiva, was left without a legal basis. With the nullity of this administrative act, it would be demonstrated that the profiles do not correspond to the needs of the municipal administration.
Johan Eduardo Rojas López
The Sixth Oral Administrative Court of the Judicial Circuit of Neiva declared the absolute nullity of decree 412 of May 9, 2023 “by which the specific manual of functions and labor competencies is established for the employees of the personnel plant of the central administration of the Municipality of Neiva”, issued by former mayor Gorky Muñoz Calderón.
According to the plaintiff, that is, the Association of Career Employees of the Municipality of Neiva “Unión y Merito” and the Trade Union Organization of Public Servants “OSSEP”, everything is summarized in that the Municipal Council of Neiva through agreement 003 of 2020 authorized to the Mayor to determine the organic structure, functions and dependencies of the central administration; But years later and through the decree that was annulled, functions were established for positions at a specialized professional, university professional, technical and healthcare level.
However, for the issuance of said administrative act, there was no prior process of reform, reorganization or restructuring of the personnel plant, where a scenario of consultation with the officials of the territorial entity was contemplated, convening the union organizations and, there was no then a technical study that would support it.
In opposition
As expected, the defendant opposed the claims of the lawsuit because it considers that the act in question is in accordance with the law, given that it does not regulate situations by creating or eliminating charges, but is limited to compiling existing acts in compliance with the observations of the National Civil Service Commission, CNSC, and since it is not proven that the act violates the provisions of the constitutional or legal order, it becomes inadmissible to declare its nullity.
They also expressed that the preparation of a technical study or the dissemination of the decree is not essential and that the organic structure or personnel of the central administration was not modified.
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Considerations
When it was found that the study requirement established in the law was not met, the nullity of the decree was declared because it was flawed by irregular issuance given that, in accordance with the ruling, the procedure determined for its formation and issuance was violated, by failing to comply. some established requirements.
“It was intended to modify the form of provision of public employment established by the legislator, violating the merit system and the principles of the public service, in direct violation of the right of career employees of the central administration,” the ruling reads. .
Under this understanding, the charges are not expected to succeed for the simple reason that the study that allowed their issuance does not exist.
Justice ruled them right
Given this decision, the Association of Career Employees of the Municipality of Neiva “Unión y Mérito” and the Trade Union Organization of Public Servants “OSSEP”, reported that the annulment process was initiated against the Municipality of Neiva due to the direct violation of the regulations. on which the issuance of the decree should be based.
Although he welcomed the decision, he specified that, “we hope that the current municipal administration, in a timely manner, takes the pertinent actions in compliance with the court order and executes the necessary corrective measures in the face of the exposed irregularities, thus guaranteeing the principle of meritocracy, of legality, equality, transparency and above all the financial stability of Neiva.”
Mayor’s office waiting
The Secretary General of the Mayor’s Office of Neiva, Raúl Mosquera, stated that it is a failure that in some way demonstrates the good actions of the current administration because from the beginning they have been very proactive in the face of a reality that they found, specifically of some profiles that did not It is related to the functions they perform.
“The next step is being analyzed, but what we have been able to conclude in a very general way is that when the decree falls, what we have to do is approach the CNSC to review how the theme of the contest that is going on would be adjusted because it What is a reality is that we need it to continue, but with transparent and minimal conditions. We will continue reviewing what the best path should be for the city because the truth is that many of these positions are the ones that have us financially overwhelmed,” concluded the head of the portfolio.
String of lawsuits
The councilor of Neiva Lourdes Mateus, said that this is the second ruling of about four lawsuits that are brought forward with the same claims and, it is expected that as the first two failed in the same direction, the next ones will continue to come out in favor of the citizens. .
“It is explained that there was false motivation because it was not a compilatory administrative act, but rather the intention was to make a modification to the central plant, without having the powers to do so at that time. “This modification of the function manuals was what allowed the opening of the new positions that came out in the contest that is in process,” he elaborated.
