The Municipality of Concordia, through its legal team, has appealed before the Superior Court of Justice of the Province against the ruling issued by the Contentious-Administrative Chamber, which ordered the reinstatement of a municipal agent whose transition to permanent staff status was revoked by the current administration.
In this regard, the Undersecretary of Legal and Technical Affairs of the Municipality, Dr. Ignacio Del Valle, provided his opinion on the ruling issued and explained that the sentence is not final and, therefore, the Municipality will appeal to the Superior Court of Justice in order for the ruling to be reviewed.
Likewise, Del Valle noted: “We respect the Chamber's ruling, but we disagree with its conclusions regarding the failure to proceed with an analysis of the substantive issue, as this element is transcendental in order to understand the Municipality's actions regarding the revocation of the transition to permanent staff status.”
In this context, the official remarked that, in the Municipality's view, the transition to permanent staff status was carried out in a totally and absolutely illegal and irregular manner, since the beneficiary was serving as an official at the time of their transition, and even continued to perform tasks in the same capacity (as an official) after the transition to permanent staff was ordered, this being a clear violation of Municipal Ordinance No. 32637, which expressly prohibits the hiring of officials and subsequent job stability until one year has elapsed since the end of their mandate, a matter which was evidently not respected.
Del Valle stated that these aspects were not taken into account in this case and the decision that was made “is to the detriment of many municipal workers who, in many cases, wait years to be able to become part of the permanent staff or for a competitive selection process to be held.”
By way of example, Del Valle stated that in the hypothetical case that “the current mayor, Francisco Azcué, at the time of ending his mandate, decided to transition all of his officials to permanent staff status without any type of competitive selection process and without respecting the current regulations, according to the criteria of the Chamber being questioned, the Municipality would have to initiate an action of harmfulness and wait years for the justice system to issue a final decision in order to only then be able to revoke a manifestly illegitimate measure.”
Finally, he maintained that “when the illegality of the act is so evident and so burdensome, the state administration faces a dilemma: wait years for a judicial decision or put an end to the act immediately, just as was decided in a timely manner,” he concluded.
In this regard, the Undersecretary of Legal and Technical Affairs of the Municipality, Dr. Ignacio Del Valle, provided his opinion on the ruling issued and explained that the sentence is not final and, therefore, the Municipality will appeal to the Superior Court of Justice in order for the ruling to be reviewed.
Likewise, Del Valle noted: “We respect the Chamber's ruling, but we disagree with its conclusions regarding the failure to proceed with an analysis of the substantive issue, as this element is transcendental in order to understand the Municipality's actions regarding the revocation of the transition to permanent staff status.”
In this context, the official remarked that, in the Municipality's view, the transition to permanent staff status was carried out in a totally and absolutely illegal and irregular manner, since the beneficiary was serving as an official at the time of their transition, and even continued to perform tasks in the same capacity (as an official) after the transition to permanent staff was ordered, this being a clear violation of Municipal Ordinance No. 32637, which expressly prohibits the hiring of officials and subsequent job stability until one year has elapsed since the end of their mandate, a matter which was evidently not respected.
Del Valle stated that these aspects were not taken into account in this case and the decision that was made “is to the detriment of many municipal workers who, in many cases, wait years to be able to become part of the permanent staff or for a competitive selection process to be held.”
By way of example, Del Valle stated that in the hypothetical case that “the current mayor, Francisco Azcué, at the time of ending his mandate, decided to transition all of his officials to permanent staff status without any type of competitive selection process and without respecting the current regulations, according to the criteria of the Chamber being questioned, the Municipality would have to initiate an action of harmfulness and wait years for the justice system to issue a final decision in order to only then be able to revoke a manifestly illegitimate measure.”
Finally, he maintained that “when the illegality of the act is so evident and so burdensome, the state administration faces a dilemma: wait years for a judicial decision or put an end to the act immediately, just as was decided in a timely manner,” he concluded.