The Presidency of the Council of Ministers published last week the resolution on the formation of the commission that will be in charge of the selection process of the presidents of the boards of directors of the different regulatory bodies.
These are the Supervisory Body for Investment in Transportation Infrastructure for Public Use (Ositran), the Supervisory Body for Private Investment in Telecommunications (Osiptel), the National Superintendence of Sanitation Services (Sunass) and the Supervisory Body for Investment in Energy and Mining (Osinergmin).
To ensure the proper selection of candidates there is a rule that regulates the procedure: DS 097-2011which is quite clear about the qualifications that the candidate running for the presidency of these instances must have, said Carlos González, principal associate of Philippi Prietocarrizosa Ferrero DU & Uría.
“This device establishes the procedure in stages. Now we are in the call phase, then the evaluation phase will come and, finally, the selection phase, but from the call the requirements of the applicants are already marked, ”he said.
Juan José Martínez, former head of the National Civil Service Authority (Servir), added that part of the procedure is to elect a list of three so that the new head of each institution is chosen from it.
CRITERIA
For Martínez, the selection criteria must be very technical and with knowledge in administration and public management.
“Until now we have had presidents and members of the boards of directors of these entities with technical profiles and that line continues to be respected, but we still have to be vigilant about what may happen,” he said.
In the same sense, González said that applicants must prove technical experience of no less than ten years as a practicing professional, have recognized solvency and prove experience in senior management positions in the matter that is the subject of the regulated position. “These filters from the application stage ensure you candidates who have experience and recognition in the sector, to avoid risky appointments,” he added.
RISKS
As long as the procedure is followed and the requirements established for each position are respected, suitable people with experience and knowledge should be chosen.
“The lack of knowledge on the part of a president who is not suitable for the position ends up taking its toll, but this has not been happening since the 2011 rule has allowed having presidents of suitable regulatory bodies,” González concluded.
Keep in mind
Law 27332, Framework Law of Regulatory Bodies for Private Investment in Public Services, establishes the functions and organization of the board of directors of each entity.
According to Martínez, there are two selection systems: those of free appointment and removal, and those of appointment and regulated removal. Regulatory bodies belong to the latter.
