The president of the Contentious-Administrative Court number 5 of Córdoba rejected the appeal presented by the former director of the Archaeological Museum of Córdoba, Maria Dolores Baenaagainst the decision of the Ministry of Culture to dismiss her from the position she had held since 2002. She assures that her dismissal was carried out in accordance with the law, even if she recalls that she can still appeal her decision to the Court Superior of Justice of Andalusia (TSJA).
María Dolores Baena learned that she ceased to be director of the Archaeological Museum of Córdoba on December 21, 2023 and requested in her appeal that the resolution be declared void, condemn the Junta de Andalucía and replace it in the position he held until then.
He understood that his dismissal was “arbitrarybecause he suffered from an absolute lack of real, concrete and precise motivation. There was talk of “loss of technical confidence”, but for María Dolores Baena’s appeal, it was not “enough”. justification“, because he claimed to impose laws and jurisprudence on him.
“It is not only vague, generic and insufficient, but also incorrect, even uncertain”, since the termination is justified by a reason of an organizational nature which, for her, was only a pretext. “There has been no change or modification in the duties of the position,” he insisted.
Interpersonal conflicts
The position of the Junta de Andalucía, to which the judge agreed, appeared in a report signed on December 19, 2023, two days before the announcement of the dismissal, by the secretaries of the Delegation of Culture and by the delegate. had a long list of reasons.
Thus, we spoke of “poor management of staff», with mistakes which had led the delegate to take control of the calendar. There was no proposed work schedule for 2024, interpersonal conflicts were reported and the degree of budget execution.
This resulted in a reduction in the number of visitors and numerous disjunctions. With the arrival of the new director, Irene Maclinoa preliminary report was prepared on the analysis, diagnosis and proposals for change, which shows the extent to which there was a source of concern within the Administration.
A fundamental element lay in the legality of his dismissal and for this the sentence recalls that the Fundamental Statute of the Public employee provides that civil servants who occupy positions provided for by the free appointment procedure, as was the case of María Dolores Baena, “may be dismissed discretionary”, even if motivation is essential.
For this, the decision comes down to the appointment procedure, which “must be defined by objective elements and by the conditions of the person who will ultimately be designated to carry it out”. Suitability doesn’t stop at personal confidencejust like cessation.
The law provides that those in freely appointed positions can be fired at their discretion, but the reasons must be detailed.
“The career civil servant does not have an unconditional right to maintain freely designated employment, but he has a legitimate interest in not being deprived of it whatever the reason. legal provisionsand that the reasons for his dismissal be explained,” he insists.
After the hearing held on October 18, and after the testimonial and documentary evidence carried out, the judge considers that the appeal against the decision must be rejected, taking into account in particular the report presented by the Cultural Delegation of the Junta de Andalucía, which was not carried out “ad hoc”, but in advance, and that even in April 2023 the functions of economic management of the cultural center.
Three witnesses participated in the trial, whose comments “do not allow us to reach a different conclusion”, since two of them even admitted not having had direct knowledge of the facts on which the Andalusian government relied to justify the dismissal of María Dolores Baena. , He therefore ends by declaring that the decision of the Ministry of Culture was in accordance with the law.
