Hermigua mayor barred from office for one year and nine months

The key points: Show summary Hide summary

The Santa Cruz de Tenerife Regional Court sentenced the mayor of Hermigua, Solveida Clemente, to one year and nine months' removal from office for abuse of office.
The mayor pushed ahead with the award of the El Pescante kiosk contract despite negative reports from the coastal authority and the town clerk, and relieved the relevant clerk of his duties.
The judgement is final because the defendant accepted the findings of fact and the sentence, and is likely to result in her resignation and the election of a new mayor.

Members see a handy summary here

The High Court of Santa Cruz de Tenerife has sentenced the mayor of Hermigua, Solveida Clemente of the ASG party, to one year and nine months‘ disqualification from holding political office for committing the offence of perverting the course of justice in connection with a tender for a newsagent’s kiosk in Los Pescantes.

Hide advertising here!

No appeal may be lodged against the judgement, which has been served by the Sixth Chamber of the Provincial Court, as it has been declared final at the trial, given the defendant’s acceptance of the charges as set out by the prosecution and her agreement to the sentence sought.

Legal sources connected with the case have informed EFE that this sentence barring the defendant from holding public office should result in her resignation as mayor of Hermigua Town Council and the subsequent convening of a plenary session to elect a new mayor for Hermigua.

Hermigua: Expert reports warned against the unlawful awarding of a kiosk licence

The Public Prosecutor’s Office questioned the legality of the decisions issued by the mayor regarding the procedure for launching the tender process for the municipally-owned El Pescante Bar, despite negative reports from the Coastal Authority and the Town Hall secretary, which highlighted warnings and concerns regarding the legality of the tender, of which the mayor was aware, according to the Public Prosecutor’s Office.

According to the facts established in the judgement, to which EFE has had access, the mayor issued an order on 2 June 2008 addressed to the Secretariat instructing it to draw up the tender documents for the tender process for the Pescante kiosk.

He adds that the mayor acted «in full knowledge of the warnings and legal objections raised by the mayor’s private secretary in a report dated 20 June of that year, which warned that the City Council did not hold the required administrative licence from the Coastal Authority permitting the operation of the El Pescante kiosk.»

This was because the facilities are situated on public maritime-terrestrial land and, furthermore, do not include a recreational area, ancillary services or safety measures; consequently, an unfavourable report was issued.

El Pescante: The local council took over operations following a failed tender process

According to the judgement, the mayor initiated disciplinary proceedings against the reporting secretary, suspending him from his duties; she then issued a decision on 11 July 2008 setting out the procedure for commencing the proceedings and the administrative terms and conditions for the award of the facility by way of an administrative concession through an open tender procedure under an urgent process.

This notice was published in the Province’s Official Gazette on 28 July of that year, and as no bids were received, the City Council proceeded to operate the facility directly.

The judgement refers to the «unlawful intent» evident in various actions taken by the mayor, such as a number of orders and resolutions issued between 11 July and 11 August of that year, aimed at declaring the case to be urgent.

In this regard, legal sources have told EFE that Hermigua Town Council agreed to take over the running of the Pescante bar, directly employing staff and purchasing the goods required to get it up and running.