The Ministry of Finance detects nepotism cases in the Port Authority of Santa Cruz de Tenerife. In a “definitive character” report issued by the General Intervention of the State Administration, the Human Resources area is highlighted for alleged irregularities in the selection processes of personnel with ties to the entity. It also reflects that the entity incurred in undue economic compensations and unaccredited pensions. The report issued on April 16 states “serious deficiencies (…) that require correction and the establishment of mechanisms to prevent their recurrence in the future.”
With regards to the 2023 public job offer, the president of the Port Authority of Santa Cruz de Tenerife called for a permanent position of human resources and organization technician, labor staff subject to collective agreement, “through merit competition-opposition which was awarded in 2024 to the daughter of the predecessor in charge of the current head of Human Resources of the APT and president of the evaluating tribunal, having been her hierarchical superior in her last active years,” the report notes.
There is a history
It is noted that “this is not the first time family members of employees, active or retired, are hired by the entity“, a fact that “has motivated a thorough examination of this selection process” by the General Intervention of the State Administration.
The audit body points out that the incompatibility precept is violated by detecting that “there is no express declaration from the president of the tribunal of not being incurred in a disqualification cause“. An aspect extended to the contracting body and members of the selection tribunal. The report sent to the president of the Port Authority records that the response to the requirement has been “only the declaration of the president of the tribunal, which is not signed, thus it lacks value” as of the final audit report date.
The interview
The Intervention is struck by the “decisive role of the interview in many selection procedures, which is contrary to the complementary role assigned to it by current legislation,” due to its “subjective nature.” In this case, the interview should have been the first test and not the last to ensure compliance with regulations and prevent it from being used as a fundamental value of the opposition.
“In fact, in almost 30% of the last 25 selection processes with interviews conducted, this was decisive in the awarding of the position, as happened in this selection process,” the General State Intervention reflects through the Territorial Intervention of Santa Cruz de Tenerife. It also notes that the evaluating tribunal has “the possibility of knowing, before conducting the interviews, the merit score that really corresponds to each candidate.”
It should be remembered that current legislation requires administrations, organizations, and public institutions to guarantee the principles of equality, merit, and capacity in personnel selection processes.
Other non-compliances
This report will be addressed by the Board of Directors of the Port Authority in its meeting today. It informs that, regarding breaches of schedules by its workers, the disciplinary regime contained in the Statute of Workers, the Basic Statute of the Public Employee, and the Third Collective Agreement of State Ports and Port Authorities is not applied, nor are pertinent payroll deductions made.
The time control is also a deficit noted by the General Intervention of the State Administration. Given the limitations of the application used for this, it states that “it has not been possible to estimate the cost caused to the entity as a result of these breaches.”
Recommendations
The Ministry of Finance conveys to the Port Authority recommendations to practice the appropriate payroll deductions and apply the current disciplinary regime. It also notes the payment to the former director of the Ports of Tenerife of 9,727 euros in 2023 in compensation for not being able to receive allowances for attending Council sessions, when a maximum of 4,362 euros was due.
It also warns about four of the five partial early retirements in the period subject to the audit, which have resulted in “a significant economic detriment to the Port Authority” as no work was accredited for the 25% of the working day they had to complete, while receiving pay.
The so-called Definitive Audit Report on Compliance and Operational Personnel of the Port Authority of Santa Cruz de Tenerife, takes into account the arguments presented by the audited entity and addresses the purpose of correction in many of the highlighted aspects.
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