Maçanet de la Selva Town Council

October-2025

As a result of a report about possible irregularities in the compatibility granted to a municipal official so that she could occupy a second public position within the same town council, both the initial compatibility agreement, adopted on 4.10.2003, and the subsequent ex officio review procedure, initiated in 2018, have been examined. The temporal distance between the agreement and the report constitutes a relevant element, to the extent that it could limit or compromise the effective scope of the review. From the examination carried out, it is clear that the procedure for granting compatibility had weaknesses, such as the absence of a formal request, doubts about the fit in the cases provided for by the incompatibilities regulations and an insufficient justification of the public interest. However, the characteristics of the second position —teaching activity, part-time, in a temporary employment regime— could find a regulatory fit, although its reiteration in different school periods compromised its adequacy. The ex officio review was conditioned by the legal limits on the review of old acts and by the doctrine of the Advisory Legal Commission. Given these results and, in particular, the ex officio review and the time that had elapsed, it was deemed appropriate to archive the action.