Legal dispute over Torrevieja’s police leadership

Alejandro Morer’s appointment as the local police force’s general director has been challenged by Vicente Gutiérrez, the commissioner of the Torrevieja Local Police.

According to Gutiérrez, it is unlawful for Mayor Eduardo Dolón (PP) to have appointed Morer directly without holding a public call or a formal selection procedure.

Morer was Deputy Chief of Police until January 31st. In his current role, he is above the commissioner and serves as a bridge between professional and political leadership.

According to the appeal, Morer’s appointment was made public only after the governing council gave its consent, and it was granted without an open competition, which is against the law’s norms of contracting.

Article 34 of the new municipal organic code, which permits an official from subgroup A2, like Morer, to unusually take on a post often reserved for A1 officials provided they exhibit competence and experience, is expressly challenged by Gutiérrez.

Since national legislation only permits A1 officials or non-officials to occupy such posts, Gutiérrez contends that this goes against the normative hierarchy concept. Torrevieja’s rules, which include A2 officials, are in conflict with higher-level laws, resulting in what Gutiérrez refers to as a legal fraud.

He asserts that the regulation is an abuse of power and was created expressly to support Morer’s direct appointment.

The appeal also challenges the lack of openness, arguing that by moving forward without adequate public notice, the nomination process infringed upon the fundamental values of equality, merit, and ability. However, the Torrevieja municipal government contends that the direct appointment was justified because the job was freshly formed and unoccupied.

Federico Alarcón, a member of the Security Council, acknowledged the appeal but denied its merit, adding that the case is likely to be rejected by the same legal team that authorised the nomination.

It was disclosed that the job was offered to Gutierrez twice before going to Morer. Additionally, the government contends that when the regulation was initially released in September 2024, Gutierrez did not contest it.