Why a Board of Rights.
Let's start with a speech that appeared in the Morning to tell a story that began in December 2002 when the Campania Region publishes the competitions for the coverage Director of 158 posts in 26 different areas of specialization.
competitions attended by thousands of candidates.
The system used for the selection of professionalism Such high , was so advanced and transparent , to be worthy of numerous references on all the press, and do not specialize in short, it's appropriate to say that "time had "...!
All cost about 10 billion lire at the time : a worthy use of resources, where the objective achieved was to make a number of managers is to be taken immediately, is a reservoir of the Executive whose level of professionalism would have been assured, in fact, a similar complexity of the subsequent tests.
And the result was there: in addition to colleagues già assunti, infatti, la Regione si è assicurata circa 80 Dirigenti Idonei dalle più varie specializzazioni : Amministrativi, Tecnici, Formatori, Avvocati, Medici... qui sotto troverete l'elenco delle graduatorie e qui tutti gli atti relativi alla conclusione del procedimento concorsuale. Aggiungo che molti di costoro sono professionalità già dipendenti dell'Amministrazione Regionale, il che sarà utile anche per un ulteriore ragionamento successivo.
Negli ultimi due anni, con due successive Deliberazioni della Giunta Regionale, la numero 2070 del 14/12/2006 e la numero 1454 del 3/08/2007, è stato previsto esplicitamente in 2008 that steps would be the use of bankruptcy rankings, using both natural resources due to retirements of three-year period 2006-2008, both the resources that are derived from the procedure for voluntary redundancies, following which about 900 employees accepted early retirement, most of Directors.
For the rest, if it is not sufficient to clear, simple and illuminated article 97 of the Constitution, we are comforted by some resolute stance:
- the President of the Republic Giorgio Napolitano in the summer 2007, is explicitly addressed in a similar case in Tuscany, where there were lists of suitable, which were then used regularly:
- the Minister of Public Administration and Innovation , Renato Brunetta, regarding the problem of topical access to public employment and its implications related to the problem of insecurity, has recently secured the respect the Constitution and the principle of open competition for access: If ever there were, there be no doubt, therefore, that there is a clear priority to the winners of competitions and the appropriate that have already been carried out.
- The Court of Cassation, ruling with number 20486 of 5/10/2007, establishes (but I would say simply reiterated) that the government, first to announce a new competition (and rather than the more reason to proceed only with the expectations of external mandates) are obliged to cover staff holidays, drawing on existing lists:
Why a Committee Duties.
As is clear from this decision of the Regional of May 9, 2008, we moved from the 855 units of senior staff in the 2001 to the current about 330, inclusive of the rates of contract staff, provided on a workforce of 477, as a result of decreases in staffing plan on following the procedures for settlement agreement. There are at least 147 then Executives. The "slimming" that the Administration has begun since 2002, in other words, according to our ma non solo, sta portando inesorabilmente ad una lenta agonia “anoressica”: importanti Settori e Servizi di molte Aree, con delicati compiti e funzioni di amministrazione attiva, sono attualmente sguarniti o coperti ad interim .
Riteniamo che l’attuale gestione delle criticità attraverso l’affidamento di incarichi dirigenziali ad interim o con contratti a tempo determinato sia una soluzione contingente, adottata dall'Amministrazione regionale nelle more della prossima copertura delle vacanze attraverso l’ordinario e coerente strumento dello scorrimento delle graduatorie concorsuali .
Insomma, una gran parte (just over 70) of the 147 executives could be absorbed immediately on completion of a very rational and logical process already conceived, and completing a procedure that would make it economical and efficient restructuring of the whole picture started in 2002 and which was also already spent, in fact, a sum so large.
is hardly necessary to point out, however, as some key areas, such as the environment and its implications on the question of the emergency-waste, education or economic planning, with very considerable answers that are asked to ensure might otherwise still be penalized by a lack of staff also a result of which, most likely, some issues have not yet been resolved. Nor can certainly be solved with the structurally and only partial use of external mandates.
On the subject of a hearing was held at the Conference of the Regional Council group leaders, in the presence of the Prime Minister on. Lonardo, the Directorate of Human Resources of the Region of Campania on. Valiante and team leaders of the Council which showed a unanimous political will so as to proceed to a successful conclusion of the story in the most quickly as possible.
the "duty" that we repent, then, is to respond to the consistency, efficiency, effectiveness and economy of the program started and for which charges have already been so many resources that would otherwise be wasted, and give concrete answers to the citizens through the use of professional ready, tested, selected with great care and extremely motivated .
And saying it, but also in the planning of a regional vision that there will soon be called upon to respond in a more responsible and efficient targets and many new features, which require proficiency in line with a more modern form of local governance.
1/10/2008
What's going on instead ...
Even today, however, our situation is completely suspended, indeed are still occurring mainly attacks and attempts to ignore that from now legitimate interest has turned into a individual right position.
summarize it the events of recent months:
As per reports in the press in recent weeks, Wednesday, Jan. 21 in the Regional Council was made an attempt to "stabilize" those who currently hold positions of consultants with fixed-term contracts (as eg. PASER for the project), and to enter leadership roles in the staff of the abolished ERSAC all during the term of the ratings of special contests and already fulfilled!
addition, it was calculated that the continuous recruitment term, which again in January has continued to use instead of drawing on our rankings, seems to have exceeded the limit of 8% provided for by law and imposed by art. 19, paragraph 6 of Legislative Decree no. 165/2001: 47 were in fact the external managers, while 8% calculated according to the parameters of regional staffing would amount to 43.
And despite all that has happened so far, in these days is in the process of defining a regional law ad hoc "on staff" , on which the Councillor to staff said explicitly that we will not be present ...
Not to mention the heavy use of consultations, which also, in these days, are raising other grounds for controversy, and furthermore have never been published on the corporate website of the Region, but came to light only through this list on-line instead of on the website of the Ministry.
addition to material damage, however, there is a moral issue : Eligible Executives us, having passed exams hard, expensive and transparent to the case before even being treated, but even bypassed by people who have never participated any competition, or even by those who participated but who have not passed, and after 5 years of waiting in which our expectations of life have inevitably changed and shaped, hanging around this long expectation, we affected in a very heavy feel.
Needless to say, also would be an unbearable blow to the constitutional principles of access to public employment and the well-established case law: and yet, after all these years, unless further extended, now only 10 months remain of validity of our rankings.
We have written repeatedly, gathering his own invitation of 21 January 2009, the Director of Personnel Marchiello Antonio, as well as the President and Vice President Antonio Bassolino - Head of Staff Antonio Valiante, consistent and immediate call for action and also subjecting our "Proposals", as we were asked in a previous meeting ( proposing use of the lists may be implemented "in waves" in relation to financial institution) , but so far there has been no response , as no response was ever given to requests for access even or intervention in the acts and proceedings ...
Yet, the President of Regional Antonio Bassolino, speaking in the classroom at the Bill on January 21, said:
" It 'clear that the bill can not reach - then coming in Council - any form of amnesty unreasonable and offensive to those who participated in the contest.
there were not many, but there were competitions. My blog continuously every day is touched by boys and girls who participated in a contest Costa Grande fatigue and he had to overcome many difficulties. There are adequate for such as the passing of time and vacancies, we must give priority. E 'behooves all of us and with a degree of absolute priority.
In this sense, the bill must take account of all this: no amnesty, respect of the eligible competitions as they open up new spaces and new competitions for both the Board that the Regional Council " : and now what changed?
We note furthermore that, in the region, the sliding of the road ranking executive has already started to Council as shown most recently by the recent example of the specific number 12/01/2009 9 of the Head of the General Coordination of the Regional Council of Campania, dr. Girolamo Wheezing, and this convinces us even more that promises these days are linked only to a genuine desire to proceed with such an instrument to solve our problems ...
Finally, we believe that all these behaviors, if you do not proceed with our assumption will also imply a loss to our subjective position, from simple legitimate interest has already been transformed into a subjective right , when there has been in many ways the will of the entity to carry out the flows under certain conditions, and have been avveratesi, while recruitment has been undertaken in all weather "secondary" (As it should be the one for the masters for example, that instead are now priority programming contrary to the provisions of that council), except that the main priority in the planned three-year planning , or the flow of our rankings.
is why we have taken further steps in these two days, also concerned about the urgent need to ensure that the same time requires:
1. We wrote the President of the Republic , the President of the Council of Ministers and to the Minister for the Public Administration and Innovation , to solicit their authoritative and urgent interest in preserving constitutional principles, aimed at making sure that the Regional Administration Campana, to cover holidays, using the rankings valid priority over any other form of recruitment, noting that the same President of the Republic, in the spring of 2007 had already taken this step, and successfully, in favor of relations as the Tuscany region .
2. We have notified an act of formal and formal notice to the regional administration to implement the three-year requirement of the employees in the deliberations nn. 2070/2006 e 1454/2007, riconoscendo il diritto dei sottoscritti ad essere assunti in quanto idonei ai concorsi di cui all'atto deliberativo n. 6132/2002, con la previsione di un ulteriore ricorso all’autorità giudiziaria per il riconoscimento del diritto all’assunzione e ai danni conseguenti all’inerzia dell’amministrazione, nonché per l’accertamento di eventuali responsabilità contabili in relazione al non corretto utilizzo degli incarichi ex art. 19 d.lgs.29/1993 ed in relazione al massiccio ricorso alle consulenze esterne.
22/2/2009
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As the story continues ...
The only acts that in recent months have been put in, unfortunately again about other situations, not ours.
In particular, with Decision No 1964 of December 5, 2008 - Implementation of three-year planning staff needs of the Regional Council for the years 2007/2009 art. 30 D. Lgs. 165/2001 - is established:
- of to implement the three-year planning needs staff of the Regional Council for the years 2007/2009 only in the section on mobility ex art.30, up to a maximum of 10% of rentals for each category, including management.
- of provide that vacancies in organic plant ... may be filled providing, as a priority, placing on the role of employees SECONDED
- of later decision to postpone the implementation of further stages year program, approved by the mentioned resolutions 2070/2006 and 1454/2007.
- From priority that we were always been , it is as if now we had become for the Junta ex priority, without any justification that has ever contradicted the principle of legitimate and useful three-year requirement, which was very clear hand in our use than to which we are already delayed for more than a year and we still believe that the remains absolutely on top of all other recruitment methods.
- We are almost tempted to renaming , and call us now Committee of Suitable Waste because instead for categories C and D is a promise was made explicit and so difficult to understand in our opinion, because senior figures in the Campania region are deficient in areas now not only strategic but also vital , and anybody can see that spending capacity, development and strategic intervention in administrative action, including at Community level, it can only improve if you use the proper number of Directors .
- From "appropriate management" we believe that it can not be bypassed by anyone, as the ranking measure the priority with which the Region Campania has already decided you want to resolve the impact procedures for voluntary redundancies they have had and will have on the extent , for two reasons which are summarized:
- because we have already addressed the most important economies reached;
- because this method appears to be the first to in order in the list of the activities described in the programming , or is a chronological order of importance.
But there is more : Always in our opinion, the verification of all the conditions described in the current three-year planning on staff, namely holiday in organic plant the needs of the entity, and financial resources , mean that the reference to the flow of the rankings is a real "discovery" of the undersigned to cover rental that were created (currently, according to our calculations, about 140). From position overall subjective and undifferentiated , la nostra, si è già trasformata, quindi, secondo noi, in un vero e proprio diritto soggettivo all’assunzione .
Forse è il caso di ripetere le parole del Presidente della Giunta Regionale Antonio Bassolino , pronunciate durante il Consiglio Regionale del 21 gennaio, perché il Presidente parlava di noi: saremmo noi, gli offesi di cui ha parlato , se la nostra vicenda non si concludesse presto e positivamente.
Voglio anche fare un esempio molto attuale riguardo all’interesse che sta suscitando questa battaglia : abbiamo creato un gruppo di discussione e di supporto sulla nostra vicenda sul Social Network più diffuso del mondo, Facebook, e nei primi giorni di presenza si sono uniti per sostenerci quasi 300 persone; chi conosce Facebook sa che equivalgono a migliaia di firme per una petizione tradizionale.
Così tante "firme" in pochi giorni per la nostra causa, secondo noi, oltre che una mobilitazione dell'opinione pubblica avvenuta, in questi mesi, attraverso i giornali e le televisioni (e nelle prossime settimane l’attenzione we believe will be even higher) that means a great deal of attention to the concept of meritocracy and for a defense article. 97 of the Constitution, so it is a civic duty and moral support to the end .
Today we are still here, then, to convey a sense of unease that we have and have our families, together with our fear for the flow time and the impending expiry of the rankings.
intervention that we ask is twofold:
- to the Board, to complete consistency with the planning already done ;
- the Council, to include in the bill that seems to be prepared to discuss personnel, a rule providing for our priority to other forms of recruitment together with the extension of deadline by another three years, if you can not close to each other by 2009, because any inertia in the Administration this year (which should be no sliding back in 2008 for his own decision) should not certainly go against our own!
addition, on April 15, 2009 there was a Conference of Presidents of the Group of the Regional Council of Campania with the agenda "Hearing with representatives dei Dirigenti idonei ai concorsi della Regione Campania sulla problematica inerente lo scorrimento delle graduatorie concorsuali”.
Dopo essere stati ascoltati, si sono espressi nel merito sia il Presidente del Consiglio Regionale, sia il Vice Presidente della Giunta Regionale, nonché Assessore alle Risorse Umane, sia i rappresentanti dei Gruppi Consiliari.
Vogliamo ricordare quelle che ci sono sembrate le principali argomentazioni espresse:
- l’auspicio affinché per concludere le operazioni relative all’ipotesi absorption of the staff would not get to extend the rankings. The position would be to meet the needs of the region than the things you'll need starting with the first priority for the appropriate lists of the fund's managers. They would not have traveled other roads although it must be noted that Article. 34 bis of Legislative Decree 165/2001 would be obliged to draw from the lists of available personnel in public administration, then by express legal obligation;
- The DPCM who had prepared the required government to regions such as Campania drastically reduce the personal, not taking into account the transfer of powers other authorities who have implemented some regions. The region would have raised this issue that would change the bill, hoping that the government would have taken place. With this change we hope to absorb, if not all, at least most of suitable competition for new leaders and then banish it to other contests, it would not be able to start any insolvency proceedings if not used up at least by 31 ranking December.
- These are the contests that after many years has been made in the region, and whether there was selective ability, this ability is that we must exploit and avoid are other costs for any other competition. This leaves a legacy to the next administration a car much more functional and much better organized than it has inherited. If the Council so wished, they would have been able to extend even further the procedures for early retirement. This is the will of the Administration, and there is a problem of cost: just unlocked the DPCM you might have to be even more accurate than the outlook, while reiterating that the Administration intends to use the full lists of suitable candidates.
The first question we do then is on the combination dell'art. 30 del D. Lgs. 165/2000 (quello applicato per la mobilità che si sta avviando in questi giorni) con l'art. 34 bis, che recita:
34bis - Disposizioni in materia di mobilità del personale
(Articolo aggiunto dall'art. 7, L. 16 gennaio 2003, n. 3 e modificato dal D.L. 7 gennaio 2005 nella conversione in legge n.43/2005) 1. Le amministrazioni pubbliche [...] prima di avviare le procedure di assunzione di personale, sono tenute a comunicare to the entities referred to in Article 34, paragraphs 2 and 3, the area, the level and place of destination to which you want to ban the competition, and, if necessary, the functions and suitability for any specific requests. [...]
Sincerely, therefore, we do not understand the scope of these two articles combined, since there was no organized competition, so it should not be obliged to proceed Law only in this sense and not also in our favor, we have always been priority ...
addition, we come to the DPCM: under subparagraph b) of paragraph In Article 6. 76 of law 133/2008, the criteria and parameters of the DPCM at issue must be "aimed at the reduction of custody of appointments to external entity, with particular reference to management positions and fixing of roofs pay not be overcome in relation to individual assignments ... " (in other words, the new legislation in respect of employment is clearly moving in the direction of restricting as much as possible the expectations of external mandates, especially those of management).
can not be not forgetting the very important Constitutional Court No 390/2004, on administrative autonomy of the regions. Here are some important considerations, extrapolated from that decision: " the same reasons, that require the rejection of the objections raised against the provisions of paragraph 11 we have examined, involving the acceptance of those addressed to the prediction that the open-ended contracts "without prejudice to the use of mobility procedures must, however, percentages may not be contained by more than 50 percent of termination of service occurred during the year 2002." It is, in fact, a provision not only establishes a principle of coordination of public finance , but poses a specific and detailed rule on the extent of coverage of the holiday occurred in 2002, requiring that such coverage does not exceed 50 per cent, the precept that, because specific and precise and its object, results in an unwarranted invasion by the state law, area ( organization of its administrative structure) reserved for autonomy regionali e degli enti locali, alle quali la legge statale può prescrivere criteri (ad esempio, di privilegiare il ricorso alle procedure di mobilità: sentenza n. 388 del 2004 ) ed obiettivi (ad esempio, contenimento della spesa pubblica) ma non imporre nel dettaglio gli strumenti concreti da utilizzare per raggiungere quegli obiettivi".
In conclusione la Corte ha dichiarato l’illegittimità costituzionale sia dell’art. 34, comma 11, della legge 27 dicembre 2002, n. 289 (Disposizioni per la formazione del bilancio annuale e pluriennale dello Stato– legge finanziaria 2003) sia dell’art. 3, comma 60, della legge 24 dicembre 2003, n. 350 (Disposizioni per la formazione del bilancio annuale e pluriennale dello Stato – legge finanziaria 2004), limitatamente alla parte in cui dispongono (entrambe) che le assunzioni a tempo indeterminato «devono, comunque, essere contenute (…) entro percentuali non superiori al 50 per cento delle cessazioni dal servizio verificatesi nel corso dell’anno 2002 (e 2003).
Ci sembra un quadro quite clear.
For all the above reasons, we have finally submitted a Special appeal to the President of the Republic against the partial implementation of the three-year planning of staffing requirements for year 2007/2009.
3/5/2009
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The ranking of Eligible Executives Campania Region:
Director for Economic Planning of the agro-economic subjects, animal husbandry and natural
Administrative Director
Director for Business Industry, Tourism and Commerce
Economic Area Financial Manager
Manager Computer
Director for Economic Planning and Territorial Social
Medical Director
Dirigente Veterinario
Dirigente Statistico
Dirigente Ingegnere
Dirigente per la Valorizzazione dei Beni Culturali ed Ambientali
Dirigente per le Relazioni Internazionali
Dirigente per la Gestione ed il Controllo dell'Uso delle Risorse Ambientali
Dirigente Geologo
Dirigente Organizzazione e Metodo
Dirigente Architetto
Dirigente Ingegnere esperto legge 626/94
Dirigente per l'Organizzazione del Sistema dell'Istruzione e della Formazione
Dirigente Avvocato
Dirigente Ingegnere Gestionale
Dirigente per la Progettazione Sociale
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