MAI Is Cutting a Deal with Arafat for the Command of the Firefighters: the Position of Inspector General Opened Up with a Job Description WITHOUT JURIDICAL BODY!
On December 14th 2018, the Ministry of Internal Affairs opened up the position of inspector general of the General Inspectorate for Emergency Situations. Ever since December 17th 2018, our Journal had published an article in which there were presented some “dubious” aspects regarding the contest. For that matter, on December 19th 2018, respectively on January 3rd 2019, we asked the minister some questions regarding the job description based on which the position of the supreme commander of the firefighters had been opened up.
Do not take us for fools, gentlemen!
Realizing that, in fact, they did not have a valid job description, the people with MAI twisted the whole thing as to invent, by the end of 2018, a job description for the inspector general of IGSU, which they then published quietly in the Official Journal on December 28th 2018, by minister order to be approved accordingly. Did it matter that its regulations were totally different than the ones based on which the applicants had been recruited? Not for MAI! So, things went on, the desperation to appoint a puppet for that particular position getting thus very high.
It would have been an honorable thing for those who had made that mistake to admit it and halt the contest procedures since it was illegal. But, the people with MAI maintained the error, nay, they thought that by sending the Journal a confusing answer, they would have us get lost in too many details and we would not be able to see the essence: the contest is set up based on a job description that has long lost its juridical body, for a very simple reason: it dates back way before the re-organization of IGSU. And the same people clearly say that. Do not take us for fools, gentlemen!
###MAI: the notice of competition – elaborated based on a job description from April 18th 2016!!!
In their answer, the minister’s representatives confirm it: ”The notice regarding the organization and procedures of the contest for the position of inspector general of the General Inspectorate for Emergency Situations was elaborated and approved based on the job description of the aforementioned position, registered under no. 100774 from 18.04.2016.”
So, you admit it? All hails to the beloved leaders! The job description in the contest notice published on December 14th 2018 is one thing, and the job description published in the Official Journal, approved by the minister on December 20th 2018 is something else, that is six days AFTER the start of the contest procedures, respectively on the last day for application.
It is interesting that the same job description was composed after the Firefighters’ Journal had uncovered the villainy of the so-called “specialists” in Human Resources of the IGSU, by plainly lying in an answer sent to our Journal that the job descriptions for the respective position are secret. You can read the details here: După Colectiv, fișele posturilor aferente funcțiilor de conducere din cadrul inspectoratelor de pompieri au devenit “secrete”!. When reading the article, one can notice that, on March 31st 2016, we specifically asked the IGSU for the job descriptions. On April 15 we received the shameful answer – a military man has HONOR and DOES NOT LIE – and now we find out from MAI that on April 18th a job description had been “composed”.
We never wanted to be perceived as a “gendarme/scarecrow” by the firefighters’ commanders, be them with IGSU or the Ministry, but we are glad that, for their own good, our questions managed to make them respect the law.
###MAI “forgot” about the re-organization of IGSU
In their answer one can read:
”According to article 12 of the Regulation for organization and management of the General Inspectorate for Emergency Situations, approved by Government Decision no. 1490⁄2004 (in the framework currently in force on the date of the elaboration of the aforementioned job description), “the requirements specific to each and every structure within the General Inspectorate and of the personnel are to be set up within 30 days from the approval of the current regulation, by their managers and is to be approved according to qualification.”
That’s right!
“In this sense, in accordance with art. 4, paragraph (4) by m.i.r.a. Order no. 665⁄2008, with the changes and subsequent additions, legislative act in force on the date of the set-up of the respective job description “The responsibility of the elaboration and modification/addition of the job description falls under the supervision of the direct commander of the post holder for whom the respective position is elaborated”. We want to state that, previous to the enforcement of the Government Decision no. 606⁄2016 regarding the change and addition to Government Decision no. 1490⁄2004 for the approval of Regulation of management and function and of the grading structure of the IGSU, as well as of the HG 1.492⁄2004 regarding the principles of organization, function and tasks of the professional emergency services, there is no biding as to the approval by minister order of the job descriptions for the IGSU command, those being composed according to procedures in force on that particular date.
Thus, from the aforementioned, one can notice that, on the date of job description elaboration, there was no biding as to its approval by order of the minister of Internal Affairs.”
No doubt that, truly, on April 18th 2016, the job description for the position of inspector general should have not been approved by minister order. What about…after September 1st 2016, after the re-organization of IGSU? Still, as presented by MAI, on that respective date, the inspector general had a direct commander, probably the minister, who was required to modify/make an addition to the job description – an act exceeded by the new situation triggered by the institution re-organization. And he did not do it. Not within the period of 30 days, not even in 2 years.
”As of 01.09.2016, by Government Decision (HG) no. 606 from 29.08.2016, art. 12 from the Regulation of management and function of the IGSU, approved by HG nr. 1490⁄2004, was modified in the sense that the tasks specific to the structures within the General Inspectorate and the job descriptions of the personnel in its command are approved by order of the minister of Internal Affairs.”
Bingo, honorable gentlemen from the Ministry! Only that the decision which you refer to, modifies something else as well: the grading structure of the IGSU. Do you remember? The IGSU re-organization after “Colectiv”? That re-organization was triggering some interesting changes in the job descriptions for the positions for the command of IGSU. If we remember correctly, there were set new departments, services, others were being annulled, the Prevention was being transferred from the direct command of the inspector general to the command of the first-deputy to the inspector general, and many other “whatnots” that were leaving the job description from April 18th 2016 way behind and were asking, according to what you yourselves had written in your reply, a job description modified and adjusted to legislation and the new structure, approved by the minister. Or, you remembered that after 2 years and, what is even worse, AFTER THE OPENING UP OF THE POSITION OF INSPECTOR GENERAL.
So, after the re-organization of IGSU, the job descriptions were to be approved at the same time with the Regulation of management and function of the unit in question. In this case, for IGSU there was such a regulation by Government Decision. So, the following step would have been that the job description for inspector general should be composed within the Ministry. Exactly for the reason mentioned by your Excellencies: ”art. 12 from the Regulation of management and function of the IGSU, approved by HG no. 1490⁄2004, was modified in the sense that the tasks specific to the structures within the General Inspectorate and the job descriptions of the personnel in its command are approved by order of the minister of Internal Affairs.”
As consequences, within 30 days, the job descriptions and the IGSU tasks should have been approved by minister order. Only that a Government Decision should be superior to a Minister order, right?**
###The job description from April 2016 had no juridical body in 2018
Only that the funny representatives of the Ministry, real fans of the “sticks and stones” game with the legal regulations, probably concerned with other legislative inaccuracies, such as the unpaid overtime of the firefighters, had forgotten to compose the job description for the position of inspector general of the IGSU. And they also had forgotten that no other job description previous to September 2016, remains in the obligation stipulated by HG 606⁄2016. Thus, the job description from April 2016 was two-time “exceeded” at the time of the contest organization: once for being non-compliant with the new grading structure and twice for it not being approved by the minister. Moreover, after the release of the new job description, in December 2018, it has NO JURIDICAL VALUE whatsoever. And the contest itself is ILLEGAL.
###MAI admits that an applicant is not compelled to hold an ORNISS certificate
Among other things, in their reply to our Journal, MAI admits that, in spite of all the things stipulated in the competition notice, the applicant for the position of inspector general of IGSU is not compelled to hold a certificate to access classified information.
“According to chapter B – the requirements for the position, items 3,4 - Special authorizations needed to fulfill the tasks from Annex no. 2, MAI order no. 150⁄20187, the holder of the position of inspector general of IGSU must hold/get and authorization/certificate to access secret state classified information, level Strict Secret of High Importance, NATO SECRET and EU SECRET, after the appointment.
In this context, we also mention that, according to article 57, paragraph (9) from Annex no. 3, by MAI order no. 177⁄2016, if in order for some vacant posts to be filled, it is mandatory to get some special authorizations/certificates so as to carry out the tasks, and they cannot be obtained subsequent to appointment, the military person is relieved of duty and put in readiness according to the law.” - say vigorously the people from the Ministry.
Then why, gentlemen, did you state something else in your notice? The contest notice for the position of inspector general of IGSU requires that the applicants should hold a certificate to access classified information.**
###Instead of conclusions: what is really behind this shameful deal?
We point out some aspects:
- MAI elaborates the job description for the position of inspector general, once on April 18th 2016, and the second time on December 18th 2018, each time, under the pressure of our Journal. Two times, same scenario, which leads us to the conclusion that the non-existence or the non-upgrading of the document is a premeditated act.
- After the re-organization of IGSU – September 2016 – the commissioned holders of the position of inspector general did not have any longer a real job description in accordance with the legal requests in force.
- MAI knows that, in accordance with HG 606⁄2016, the job description for the position of inspector general must be approved by the minister, still they did not do that in over two years.
- The contest is not based on a job description according with the new IGSU grading structure.
- The requirements from the competition notice, based on a job description previous to the IGSU re-organization, do not correspond to the requirements from the job description elaborated six days after the start of the contest procedure, and published in the Official Journal.
- According to the rules of law, at the time of approval of the new job description, the older description has no juridical value.
- The Chair of the contest committee, Dr. Raed Arafat, subscribes to the matter. So do the other members of the committee, at least one of them being a military man.
- Despite our complaints, the representatives of the Ministry do not cancel the contest, yet continue to maintain the illegal matter, purposely or not.
Why so much fierceness and rush? Who has to gain from this? Who cut a shameful deal on the command of IGSU? A direct “beneficiary” of this situation would be the state secretary, Raed Arafat, who becomes, with the new job description, the direct boss of the firefighters’ commander and, when the person in favor is to retire or abandon, or become unwanted, would have the power to personally decide on the requirements needed for a potential inspector general, according to the job description.
Others would be the people from the Ministry, who are soon to face elections, when they will most certainly need the firefighters, and obviously a commander who should obey orders, and should not address the critical issues of the Service, and, if possible, to attend the care race exactly when the operational capacity of IGSU is being annihilated by the needs of the polling stations. See the situation at the Referendum for the Family. Moreover, who wants a commander who would come to the General Administrative – Financial Direction begging for the unpaid overtime of his own people? And so much more, but we should stop here.
We, obviously, are waiting for the Ministry’s position on this matter. But, please, do not take us for fools!
