FUNDACION DE LA COMUNITAT VALENCIANA MARQ
POST OF MANAGING DIRECTOR OF THE FOUNDATION C.V. MARQ
The Board of Trustees of the Fundación de la C.V. MARQ, on the thirteenth of January two thousand and sixteen, approved the matter which is transcribed below:
"1st Report on the selection process of the Director-Manager: cessation and appointment. Approval.
The Board of Trustees of the Foundation, at a meeting held on 5 November 2015, agreed to approve the terms and conditions for the recruitment of the post of Managing Director of the Foundation; to appoint the members of the Technical Assessment Committee provided for in the terms and conditions; to delegate to the Executive Committee of the Foundation the appointment of the Managing Director once the selection process has concluded; to call the selective tests for the filling of the post of Managing Director and to empower the President of the Foundation to sign the employment contract with the successful candidate.
At this point, the Board of Trustees understands that the delegation made in favour of the Executive Committee, on 5 November, should be revoked and the powers conferred on it by the Statutes should be exercised directly. Therefore, the present matter is dealt with by this Board of Trustees.
The following is a report of the main actions in relation to the selection process.
In compliance with the aforementioned rules, on 6 November the Chairman of the Board of Trustees signed the announcement, which was published on the Foundation's website on 10 November 2015. The deadline for the presentation of applications ended on 25 November, and the President of the Board of Trustees admitted the applications of Mr. Francisco de Paula Sirvent Belando and Mr. Josep Albert Cortes i Garrido; and excluded the applications of Mr. Francisco José Flores Platillero and Ms. Marcela Gloria Fernández Losada, as they did not meet the requirements. The announcement of the list of those admitted and excluded was published on the Foundation's website on 3 December 2015, and Mr. Francisco José Flores Platillero presented allegations, which were rejected, confirming the provisional list of those admitted and excluded, as well as the publication of the composition of the Technical Assessment Committee by Agreement of 17 December 2015, by the President of the Board of Trustees of the C.V. MARQ Foundation..
The requirements and merits of the candidates admitted were submitted to the Technical Assessment Committee, which issued a report on 30 December 2015, and were presented to the Presidency of the Board of Trustees on the same day, in a sealed envelope, which is opened in this act.
In accordance with the provisions of the fifth paragraph of the sixth base of the call for applications, it is hereby stated that:
a) The candidates were excluded because they did not accredit the requirement established in clause three, section g), i.e. they did not accredit the performance of the Direction and/or Management of institutions and/or Foundations that manage museums for a minimum period of two years.
b) The complaint submitted by Mr. Francisco José Flores Platillero was rejected on the grounds that, in his opinion, it curriculum vitaeIn the documentation provided, there is no express indication of the wish to assert this requirement, nor is there any evidence that any document or certificate accrediting compliance with this requirement had been requested from any natural or legal person.
On 28 December 2015, Mr. Flores Platillero submitted a new pleading. Thus, with regard to the allegations in the same, it is necessary to indicate that:
1. The composition of the Technical Evaluation Commission was established in the provisions of the same agreement approving the rules, the certificate of which shall be attached to the notification of this Agreement.
2. The Technical Assessment Committee has only examined the applications of the candidates admitted by the Presidency of the Board of Trustees, by virtue of the Agreement of 17 December 2015, a fact of which the interested party is aware, as he states in his letter. On the other hand, the Commission cannot and should not examine other applications.
3. The call for applications distinguishes between requirements and merits. The legal consequence of the existence or non-existence of the requirements demanded in the conditions is the admission or exclusion of the candidates in the selection process. In such a way that the concurrence of these requirements has, as a first legal consequence, its evaluation by the Technical Evaluation Commission and, as a second, in the case of being the best evaluated, the report for the appointment to the post. Therefore, if one of the requirements is not met, the only consequence is exclusion.
4. None of the documents requested by Mr. Flores Platillero would accredit having held the position of Director and/or Manager of institutions and/or Foundations that manage museums for a minimum period of two years. More specifically, the drafting of reports does not coincide with the performance of a job. Therefore, the selection procedure should not be suspended. This is without prejudice to the provision of the documents requested, the issuing of which would in no way alter the content of the Agreement of 17 December 2015, by the President of the Board of Trustees of the C.V. MARQ Foundation.
5. It is the right of every citizen to file a complaint with the Sindic de Greuges.
On the other hand, Mr Francisco José Flores Platillero refers in his allegations to the fact that the requirement he fails to meet is not appropriate as such for the selection process and that it is determining the selection of a candidate. The first plea in law is unfounded, since a minimum amount of experience in similar posts is necessary for the performance of the post in a prestigious organisation such as the Fundación C.V. MARQ, which does not necessarily have to have been carried out in the Fundación itself. The second plea is also unfounded, since the result of its application has not led to the selection of a single candidate.
c) The report of the Technical Assessment Committee, which is in a sealed envelope, is reproduced below and is opened immediately by the Chairman, and its contents are reproduced verbally by the Secretary.
POST OF MANAGING DIRECTOR OF THE FOUNDATION C.V. MARQ
REPORT issued by the members of the Technical Assessment Committee, in accordance with the sixth base of the C.V. MARQ FOUNDATION'S CALL FOR THE POST OF MANAGING DIRECTOR, approved by Agreement of the Board of Trustees on the fifth of November two thousand and fifteen.
1. The evaluation, in accordance with the provisions of the first paragraph of the sixth base, has been carried out in accordance with the principles of merit and ability, and the criteria of suitability and suitability to the professional profile of the candidate, in relation to the job to be performed.
2. The third paragraph of the base establishes the list of requirements and merits that may be assessed. In this sense, the report first assesses the requirements and then evaluates the merits that are related to the object of the call for applications:
A) Qualification required: "Degree. University degrees".
- The candidate Mr. Cortés Garrido is a graduate in law.
- Mr. Sirvent Belando is a graduate in Economics and Business Studies and in Actuarial and Financial Sciences.
B) Condition to be fulfilled: "Holding positions of responsibility in the public administration".
The holding of posts for which it is necessary to be an elected official is not counted, a circumstance which applies to the candidate Mr. Cortés Garrido, who was appointed "Deputy Delegate for Architecture and Conservation", as well as "Deputy Delegate for the Doctor Esquerdo Welfare Centre", of the Alicante Provincial Council.
a) Temporary official
- The candidate Mr. Cortés Garrido accredits the performance of the "Gerencia de Obras Públicas, Gestión del Agua y Arquitectura" at the Diputación de Alicante during 14 months.
- The candidate Mr. Cortés Garrido accredits that he is an official supporting the Presidency of the Diputación. 8 months and 3 days and 6 months and 16 days.
- The candidate Mr. Sirvent Belando accredits the performance of the position of Director of the Presidency Area of the Diputación de Alicante during a period of 48 months.
b) Interim civil servant
- The candidate Mr. Cortés Garrido accredits the performance of the function of Judicial Officer and Bailiff in the District Court of Cocentaina (1987-1989).
- Candidate Mr. Cortés Garrido accredits the performance of the function of Secretary-Intervener of the Grouping of Municipalities of the Gorga and Millena Town Councils (1989/1999).
- The candidate Mr. Sirvent Belando does not accredit any merit in this section.
c) Teaching experience.
- The candidate Mr. Sirvent Belando accredits having been Associate Professor at the Faculty of Economics of the University of Alicante (1989/1997) (2008/2013). 12 courses.
- The candidate Mr. Cortés Garrido does not accredit any merit in this section.
C) Condition to be fulfilled: "HHave held the position of Director and/or Manager of Institutions and/or Foundations that manage museums".
a) Condition to be fulfilled: 'Experience in the field covered by the call'.
- The candidate Mr. Cortés Garrido accredits the performance of the post of Manager of the Fundación C.V. MARQ during 70 months and 3 days.
- The candidate Mr. Cortés Garrido certifies that he has held the post of Manager of Architecture and Museums of the Diputación de Alicante during the period of his appointment. 19 months.
- The candidate Mr. Sirvent Belando accredits the performance of the post of Manager of the Fundación C.V. MARQ during 35 months and 23 days (up to the date of submission of your application).
b) Merit: "Experience related to duties similar to those of the post",
- The candidate Mr. Cortés Garrido certifies that he has held the post of Manager of the Instituto Alicantino de Cultura Juan Gil-Albert, Organismo Autónomo de la Diputación de Alicante (Alicante Provincial Council Autonomous Body) during 24 months and 28 days.
- The candidate Mr. Sirvent Belando does not accredit any merit in this section.
c) Studies and courses.
- The candidate Mr. Cortés Garrido accredits having given or written conferences, communications and papers related to Museums and Historical-Archaeological Heritage.
- The candidate Mr. Sirvent Belando does not accredit any merit in this section.
D) Other merits.
- The candidate Mr. Cortés Garrido has represented the Diputación de Alicante by delegation of the Presidency in the Fundación Universitaria de Investigación La Alcudia, in the Fundación Valenciana de Estudios Avanzados and in the Fundación General Universitaria de la Universidad de Alicante.
- The candidate Mr. Sirvent Belando accredits having been a founding trustee of the Fundación C.V. MARQ.
- The candidate Mr. Sirvent Belando accredits having been a member of the Mixed Commission of the Framework Agreement for cultural collaboration with the University of Alicante.
3. This Technical Assessment Committee does not consider it necessary to hold a personal interview, an option provided for in point six of the Bases of the Call for Applications.
CONCLUSION
In the opinion of this Technical Assessment Committee, the requirements and merits that should be given most weight are those that are considered to be of special value in the Bases of the Call for Applications, that is to say, those that demonstrate experience in the job to be performed (section C of this Report).
In relation to the above and from the study of the curricula provided, it is noted:
- that Mr Cortés Garrido's experience in the performance of the post which is the subject of this call for applications is superior.
- that Mr Cortés Garrido's experience in similar positions is superior.
- that Mr. Cortés Garrido's experience in the management of foundations and in holding positions of responsibility in the public administration is superior.
Report to be submitted to the Executive Committee of the Fundación C.V. MARQ in accordance with the fourth paragraph of the sixth base of the above-mentioned call. Alicante, 30 December 2015.
After reading the Evaluation Report, which is not binding, the Chairman submits the election of the candidate proposed therein to the consideration of the Board of Trustees, with the result of sixteen votes in favour and the abstention of Mr. Rafael Azuar Ruiz. Therefore, the Board of Trustees endorses the Evaluation Report, and Mr. Josep Albert Cortés i Garrido is appointed to the post.
In view of the above, the Board of Trustees, by a majority of sixteen votes in favour and the abstention of Mr. Rafael Azuar, agrees:
FirstTo revoke the delegation conferred on the Executive Committee for the appointment of the Managing Director, which is made by the Board of Trustees itself.
SecondTo approve and ratify, as necessary in law, all acts that have been carried out in the selection process.
ThirdTo dismiss Francisco de Paula Sirvent Belando as Director-Manager, with effect from 13 January 2016.
FourthTo appoint Mr Josep Albert Cortés i Garrido as Managing Director, with effect from 14 January 2016.
FifthTo formally communicate this agreement to the President so that, in accordance with the delegation made by the Board of Trustees, he may grant the corresponding employment contract, which will have the same conditions as those governing the relationship between the Foundation and the current Managing Director, with the economic updates that the General State Budget Law establishes for the public sector.
SixthIn accordance with the Sixth Base of the Bases that have governed the selection process for the post of Managing Director, this agreement will be published on the Notice Board and on the Foundation's website.
SeventhAt the express request of the Chairman, which is extended to all the members of the Board of Trustees, it is hereby agreed to convey to Mr. Sirvent Belando our gratitude for his work as Managing Director of the Foundation from 2 December 2012 to the present day".
This is hereby made public for general knowledge, with the indication that, in accordance with the regulatory bases of the selection process, this Agreement may be challenged before the Social Jurisdiction.
The President of the Fundación C.V. MARQ The Secretary of the Board of Trustees
Surname: César Sánchez Pérez. Surname: Ana Isabel Cortés Estela
