Where is your shield? Where is your spear? Evil ends everything. Juan de Abreu Galindo. The mayor of San Bartolomé de Tirajana, Concepción Narváez, was finally protected this week with the arrival of Vega Pérez as head of the general secretary of the city council, that is, the jurist who arrived by order of Alejandro Marichal (CC) before leaving the government group stays. From now on, the person responsible for special contracts and for the "defense and assistance of the members of the corporation or municipal staff, when as a consequence of their functions they may be required to incur civil or penitentiary responsibilities", as the Law says, is Antonio Vega.
It was in 2005 when José Marcelino López Peraza, secretary of the San Bartolomé de Tirajana City Council, was peppered with sentences that contradicted each other as a result of Nueva Canarias in the time of María del Pino Torres imputed decisions of alleged prevarication to him. In 2008, a ruling by the National Court disqualified him due to "simultaneous his position as secretary in the Santa Brígida City Council with the particular performance of his profession as a practicing lawyer, with an office open to the public" in addition to "with the performance of other two jobs in the public sector" (teacher at the ULPGC and UNED), in addition to "having intervened in a procedure, advising and defending a private association before the Courts on a matter in which said association had interests contrary to those of the Town Hall" of Santa Brígida. Another serious offense of unjustified non-compliance with the work day is also recognized.
From now on, the red and nationalist government group of NC already has someone responsible for dismissals in the processes filed and for informing Narváez about resolutions and sentences handed down. When CC fired the previous municipal secretary, who did not want to retire and asked to re-employ until he was 70, considering that he was in full fitness, Marichal argued in his own hand that he did not consider it necessary due to "the non-existence of minute books of the council sessions." collegiate bodies (Plenary, Local Government Board, etc.) and the resolutions of single-person bodies" and that this evidenced "an act that, at the very least, can be described as non-compliance with legally assigned functions." Narváez criticized that CC generated "paralysis, chaos, disaster, disorganization" after dismissing the veteran López Peraza from Social Security.
An order from the Contentious-Administrative Court 5 of Las Palmas de Gran Canaria ruled that the resolution issued by Marichal was disproportionate when it was signed on September 27, three days before the end of López Peraza's term as secretary of the Consistory. "The transition to the situation of forced retirement affects, above all and prima facie, the appellant interested party who, in addition, would immediately see his participation in the selective processes indicated in the initiating document frustrated," dictated the sentence to which there was no room. resource.
The Supreme Court yesterday confirmed the disciplinary procedure that led the Ministry of Public Administrations in 2005 to dismiss the municipal secretary of the San Bartolomé de Tirajana City Council and prohibit him from holding that position for a period of six years. This official, José Marcelino López Peraza, who rejoined the San Bartolomé de Tirajana City Council after serving his sanction, was charged with two very serious violations of the incompatibilities regime committed in his previous destination, Santa Brígida, also in Gran Canaria. Specifically, the Ministry considered it proven that López Peraza illegally combined his work as secretary of the Santa Brígida City Council with the private practice of law and with two jobs as a professor at the University of Las Palmas de Gran Canaria and at the UNED.
The sanctions were corroborated at the time by the National Court, but the current secretary of San Bartolomé de Tirajana asked the Council of Ministers to review them ex officio and declare them null. The central government denied such a request and the matter ended up in court again, in this case in the Supreme Court. The ruling of the High Court, made public yesterday, reminds López Peraza that he appealed the sanctions that were imposed on him both by ordinary means and by the special means of protection of fundamental rights, and that in both cases the National Court ruled in his against.
"The foregoing shows that in this jurisdictional process all the challenging reasons deduced by the appellant were analyzed, and were rejected in a final ruling," emphasizes the Supreme Court, which rejects that López Peraza suffered any type of defenselessness or violation of rights during the entire processing of these disciplinary files. Furthermore, he reminds him that it would only be necessary to analyze whether or not there were reasons for the Council of Ministers to deny his request for an ex officio review of the sanctions.