Sant Cebrià de Vallalta Town Council

November-2023

As a result of a report, possible conflicts of interest in two municipal actions are examined. The first action consists on the possible suspension of the urban planning management started by the previous municipal government team, by the new local representatives regarding two developments with significant urban planning deficits in the municipality, in which the new members of the team of local government may have particular interests. The second municipal action consists of the public call agreed for the provision of a job on an interim basis, in the resolution of which a possible treatment in favor of local servants could be estimated. With respect to the first action, the assessment carried out allows us to consider a proper and common occupation of local affairs by representatives who, at this time and for the past two mandates, do not have any local responsibility. However, all the acts dictated do not seem to have produced any definitive legal effect that prevents or hinders the correct decision-making of local public interests. However, given that there is no evidence that the final approval of the general planning plan of the municipality has taken place to date, with the relevant respect for the principle of local autonomy, in the face of the lack of regularization of the urbanizations mentioned, for the benefit of the principle of legal security, it is considered relevant to recommend to the Town Council the need to search for and formulate proposals, whether planning or urban management, that can promote a certain progress in the well-being of people with appropriate degrees quality of life and enjoyment of services. In relation to the second point of the action - public call -, the data provided do not allow us to grasp any solid indication of a possible favorable treatment capable of being considered in the appointed examinee. On the other hand, the irregularities considered in the selection process carried out respond to vices that could reside before the ordinary jurisdiction competent in the matter or, at this time, in the same municipal power of administrative review. However, in the examination carried out it has been noted that the corporation does not have an approved list of jobs, which becomes the appropriate instrument, on the one hand, to know the structure of the organization and, on the other hand, to contribute to eliminating any taint of arbitrariness within the framework of the exercise of municipal organization powers, for which reason a recommendation has been formulated to the Town Council that includes the virtualities exposed in relation to the previously mentioned personnel arrangement instrument.