Justice annuls the appointment of a new head of the Local Police of Arafo

The aforementioned sentence represents a new blow against the former mayor of Arafo José Juan Lemes, by the resolution issued on May 17, 2019 to appoint a new person in charge of the municipal security body and that then harmed the head of the Headquarters, Víctor Ramón Borges Velazquez. This is the fourth time that the Justice Administration agrees with Borges and the STAP-Canarias union in their appeals against the decisions of ex-mayor Lemes.

In this way, the Second Section of the Contentious-Administrative Chamber of the TSJC has estimated the Appeal filed by the aforementioned union against a first sentence issued by Court number 2 of said jurisdiction in Santa Cruz de Tenerife, which agreed with Lemes and the consistory.

In the legal bases of the judgment of the Superior Court of Justice of the Canary Islands, it is established that “article 16.3 of the Local Police Law authorizes exceptionally to assign an official to a command position in a position of higher employment. But this measure should be considered as an exception to the general regime of the public function in matters of bodies and degrees.

The magistrates warn that this type of designation should be applied in those “urgent cases in which the ordinary means of providing a place cannot be resorted to, while the selection process lasts or they have not had results.” For the Superior Court of Justice of the Canary Islands, in this type of situation not only the urgency of the appointment is required, but also the unequivocal desire that the position be filled by the ordinary systems of provision of jobs. Only in such cases is a local police officer allowed to perform a temporary function without having the qualification required by law.

Judges Juan Ignacio Moreno-Luque Casariego, Evaristo González González and Jaime Guilarte Martín-Calero uphold the appeal filed by STAP-Canarias, revoke the appealed sentence and annul the appointment of the aforementioned local police, FJMP, as head of the Local Police of Arafo. An appeal for cassation may be filed against the aforementioned judgment within 30 days after the communication of the resolution to the parties. According to the union sources consulted, the appeals filed on behalf of the Chief Officer of the Local Police, Víctor Borges, have been resolved in favor of him and against the “capricious and arbitrary” decisions of the already former mayor Lemes, who allegedly acted in this way to defenestrating the then owner of the square and replacing him with a local policeman who was “akin” to their interests.

The imposition of a turn

The same sources comment that «We must remember that, previously, the ex-mayor tried to assign the same agent as the security coordinator or, for example, he gave Víctor Borges a fixed and obligatory afternoon shift and created an officer’s position on an irregular basis ”.

Said union sources comment that this last sentence “was seen to come and it was to be expected”, since, as the sentence affirms, “there is neither urgency nor need, nor is there a selective procedure, nor qualification and, as there is no place, there is no as an officer even ».

As has emerged, from now on, the former mayor José Juan Lemes and the aforementioned agent elected at the time as chief presumably “continue to be investigated in a criminal procedure that was raised in 2018 and that sooner or later will have to be resolved. ».