Wednesday, October 5

The EMT commission agent will not be sanctioned by the Madrid City Council because his “very serious” fault has “prescribed”

Municipal carpetazo to the case of the EMT worker who received 3% of an award from the Municipal Transport Company (EMT) while enjoying a leave of absence. Although the Anti-Corruption Office of the Madrid City Council considers that Pablo Pradillo -the affected worker- committed a “very serious fault” for these events, it concludes that he should not be punished because the municipal body indicates that the possibility of sanction has prescribed.

Rise, fall and return of Pablo Pradillo, the EMT employee who became a commission agent

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The resolution is advanced this Monday The country, which cites a report with the office’s opinion on Pradillo: “There has been a situation of incompatibility on the part of a public employee, which could constitute a very serious misconduct,” he points out before adding “which has not been sanctioned by the be considered prescribed”, according to the aforementioned newspaper. With this phrase he concludes an investigation that was launched several days after the scandal became known, last May.

The Anti-Corruption Office was studying the possible repercussions for Pablo Pradillo and the EMT of a commission that represented 3% of the amount of a contract valued at more than five million euros. And he stops some conclusions that he had been very advanced for months: another of his reports prior to the final resolution, to which Somos Madrid had access, detailed that Pablo Pradillo could have breached the Law of Incompatibilities by having accepted a job related to his previous position in the EMT, for which he should have waited at least two years without activity in the company. On the contrary, he helped prepare the offer when it had only been a few months since he had left the company.

According to this first report, there were “indications of having incurred in causes of incompatibility and conflicts of interest,” said the Madrid City Council body for the fight against corruption, led by the former chief prosecutor for Anticorruption, Carlos Granados. The responsibilities of Pradillo Case did not seem to stop there: the EMT worker who acted as a commission agent during a voluntary discharge from the company and charged 150,000 euros as a commission to a group of private companies to obtain an EMT contract could also have violated several codes of conduct.

The Municipal Office against Fraud and Corruption pointed in this first report to possible violations of the Code of Good Administrative Practices of the Madrid City Council and the EMT Code of Ethics and Conduct, as already indicated in this article published by Somos Madrid. The monitoring body recalled that public employees of the Madrid City Council must refrain “from those matters in which they have a personal interest, as well as from any private activity or interest that may pose a risk of conflicting interests with their public position. ”.

History of a commission

The Pradillo Case was uncovered by the newspaper El País at the beginning of May, when it reported the existence of this commission, which had become known during a trial between the companies affected by the contract. The tender came out in March 2019 and was awarded in June of that same year. Three companies attended, according to the documentation in the file: one was discarded for not meeting the criteria and of the two that reached the final phase, the contracting committee chose the joint venture that Pradillo had advised, based on technical criteria and its best score, which it obtained for being the cheapest – just over five million euros, plus VAT – and despite the fact that it was not the one with the best score in the technical qualification. The joint venture is made up of the companies Inesco, Asfaltos y Pavimentos SA and Ciser.

The work was awarded on June 14 by Manuela Carmena’s team, during the last EMT meeting during the government of Ahora Madrid, one day before Almeida took office as mayor. Both the mayor and the Mobility delegate, Borja Carabante, asked for explanations from the previous government team for the award and threatened lawsuits that have not yet been carried out. However, the initial report of the Office against Corruption to which this newspaper had access did not cite the previous managers and did cite the current management of the company, from which it has demanded precise information about Pradillo’s work before and after their work stoppage, in order to verify possible responsibilities.

In this first report, the Office blamed the current manager of the EMT -Alfonso Sánchez Vicente- that some of the questions that have been put to him “are not answered clearly”, especially those about the functions carried out by Pradillo during the two years prior to their temporary departure from the company. And he asked this manager for an assessment of whether his work at the Fuencarral garages could be used to present the private offer a few months later, which ended up winning the contest for the same operations center.

The EMT manager also assured that Pablo Pradillo did not communicate his employment relationship in the contract awarded when he rejoined the company in 2021, but it is not reflected when this relationship was communicated, something that the employee himself admitted to questions from this newspaper La The Office against Fraud and Corruption demanded more information: “It would be pending to know, if once those responsible for the company have become aware of the aforementioned professional relationship, they are acting to clarify the circumstances,” it said in this first report. . This newspaper could not verify if the questions were answered, since neither from the City Council nor from the EMT has there been any communication on the content of any report since the case broke.

The first works of the Office made it clear that it only studied the aspects that could imply “alleged responsibilities of an administrative nature” reflected in the regulations on incompatibilities, conflicts of interest and public procurement. But that it was not going to address facts that could be punishable by law, because “the Office will not be able to perform functions that correspond to the judicial authority,” he recalled in reference to its operating regulations.

Finally, the letter from the Municipal Office against Fraud and Corruption pointed out an inconsistency in the legal figure with which Pradillo rejoined the EMT, since he left the company in 2019 under the formula of suspension of the mutual employment contract agreement and the reincorporation document cites the expression “voluntary leave”, another form of leaving a company, but different from the one signed when leaving the municipal company.

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