The number of freely appointed personnel (PLD) in the administration of the Junta de Andalucía, higher than ever, is now the subject of a race against time. Since the arrival of Juan Manuel Moreno in the Andalusian government, at the beginning of 2019, the number of civil servants assigned to certain positions on a discretionary basis has exploded. That is to say, at the drop of a hat.
The increase in this type of appointment is such that it already comfortably exceeds 3,000 and thus covers more than 7% of the total civil service positions that exist on paper. In recent weeks, the pace has accelerated. From January 1 to May 7, when this media reported the case, 159 had occurred; Now, the figure for 2024 is 425 appointments until September 18, according to updated data compiled by the Andalusian Civil Service Union (SAF). 266 in just over four months, at a rate of two per day. Currently, there are 91 other PLD calls “in progress”, according to the search engine consulted through this means.
The situation has put an end to the unions’ patience at the start of summer. On 28 July, the five representatives at the sectoral table (CSIF, SAF, CCOO, UGT and ISA) sent an ultimatum to the Ministry of Justice, Local Government and Civil Service. They warned: they will not participate in any negotiations to modify employment relations (RPT, which are frequent) if the administration does not put an end to hand-picked appointments.
“We are facing the most politicized public administration in Spain,” they said, “if by politicization we mean that the allocation of these positions respects criteria of suitability assessed by the politician who appoints them and that they can be revoked at his discretion, and “that it is carried out outside of any procedure based on the principles of merit and capacity.”
In the letter, they explain that civil servants of group A1 (in possession of a university degree, Engineer, Architect, Graduate or equivalent) cannot prosper beyond level 25 in any province, “being able to have access only to them. [puestos de nivel 26 en adelante] based on their contacts with political officials or their good relations with them as the main and, in most cases, only letter of introduction to the position.
The administration offers more specific competitions
After the decree, and in mid-August, the ministry proposed to the unions to create an express working group: a series of three meetings, with a start and end date (September 30).
The unions are demanding that at least half of the positions between levels 26 and 29, including heads of department, be filled in the new RPTs through a regular competition based on merit. The second meeting is scheduled for this Thursday and, for now, the unions are not satisfied. For the moment, the Council is opposed to these positions being filled through a regular competition and prefers a specific competition.
For the unions, this proposal repeats the problem: the specific competition allows the introduction of a strong dose of subjectivity through the evaluation of memories or personal interviews, which would have more than 55% of the weight, according to union sources.
The allocation of positions by way of free appointment is intended for positions of responsibility reserved for senior civil servants, but in Andalusia it is also used for technical advisers or heads of department. There are also a good number of PLDs at levels 16 to 18, where trusted administrative executives are recruited. In any case, these are not elected or trusted positions, which are governed by temporary contracts, but rather positions intended for civil servants.
The free allocation is considered as a mechanism of “ordinary” provision that moves away from the rigidity of the general criteria for the allocation of public places. The political office that appoints, generally with the rank of vice-councillor, has the power of “discretionary evaluation” of the “aptitude and skills” of the candidates “in relation to the requirements required for the exercise of the position”, according to the new Andalusian Civil Service Law. In the same way, you can stop them.
520 appointments per year
Since Moreno, a supporter of the regeneration and depoliticization of the administration, came to power, the number of appointments by free designation (PLD, in the jargon) has skyrocketed. Since 2020, the Andalusian government has appointed an average of 520 civil servants per year. In 2023, it will reach its ceiling: 631 appointments, according to the figures that the SAF provided to this media outlet at the time. At the rate of recent weeks, this figure would be exceeded in 2024.
As of September 18, the Andalusian Government’s Job List indicates that there are 2,752 civil servants in PLD positions, 125 ex-PLD and 196 in positions that the unions assimilate to the PLD (73 from Decree 365 and 123 occupying positions of level 27 and 28 to which Decree 2/02 applies). In total, there would be 3,073, or approximately 7.3% of the total positions assigned to civil servants. However, the SAF increases the effective percentage to 16%, because part of the staff is understaffed: that is, the positions are not covered.
According to a distribution provided by CCOO, they are most concentrated at level 28, where there are 1,096 PLDs. By ministries, the Department of Economy stands out, with 307 places. Currently, practically all jobs from levels 27 to 30 of the administration of the Junta de Andalucía, including all heads of department, are covered by a free appointment. Also a third of the positions at level 26.
As this media has been able to verify with the job offers, in the General Directorate of Human Resources and Civil Service, 26% of the positions are occupied by the PLD. In the General Secretariat of Public Administration, 36.80%. In the Transparency and Data Protection Council, 29.09%. These are precisely the services responsible for defining the characteristics of the personnel of the Andalusian administration.
“Civil servants want to prosper without having to express themselves politically”
For the unions, these are unacceptable figures. Firstly because it causes a blockage in the careers of many civil servants. “The career of an A1 [antiguos licenciados, que pueden ocupar puestos de niveles 22 a 30] “It is cut at level 25, because from there, 90% of the places are covered by the PLD,” explains Rocío Luna, secretary general of the ISA. “Any other administration fills the positions up to level 28 by competition, but here it seems that they are terribly afraid,” emphasizes Miguel Ibáñez, of the SAF:
Then there is the political reading, which revolves around the certainty that a civil servant appointed as head of department (for example) in a discretionary manner will owe his position to the person who appointed him, usually the acting deputy councilor. “The group wants performance to be taken into account and prosper without having to signify itself politically or bow to anyone’s interests. We aim for a more professional administration. “Those who praise transparency advocate obscurantism and subjectivity,” concludes Pablo López del Amo, from CCOO.
The PP’s promise in its 2018 program
The suspicion of politicization of the Andalusian administration was persistently supported by the PP when it opposed the Andalusian socialist governments. The idea was that the PSOE had woven a spider’s web within the administration and that thousands of civil servants owed it blind obedience.
The argument was so central that Moreno raised the issue in his 2018 electoral program. “Free appointment must cease to be the most common form of awarding positions of higher category and responsibility in Andalusia,” he said. But the 2022 program, after four years in power, has stopped including this commitment, which is now further from being fulfilled than before he came to power.
In recent years, the Andalusian government has expanded the bases for this type of appointment, despite the restrictions imposed by the courts. Thus, in June 2023, it protected by law the possibility of assigning temporary positions to civil servants not only from its own staff, but also from other administrations. It did so by introducing a last-minute self-amendment to the Civil Service Law, and after the Andalusian High Court censured this practice for lack (until June 2023) of legal authorization and annulled at least half a dozen appointments.
Although in theory the free appointment must be motivated, in practice generic and content-free motivations are used. This is also beginning to be censored by the courts. In the spring, the TSJA annulled the award of a position because the motivation was limited to stating that the chosen candidate was the “most suitable” candidate and had adequate experience and training, according to Diario de Sevilla.
