Güímar Officials Ordered to Repay Unapproved Salaries

Four former and current officials in Güímar have been ordered to repay salaries they received in July and August of 2021. The judge's order stems from a ruling last year that found their pay was not properly approved by the town council.

The individuals involved are former mayor Gustavo Pérez (CC), councilors Airam Puerta and Cándido Gómez (PSOE), and former councilor Juan Delgado (CC). They have ten days to return the money.

The issue arose after a power-sharing agreement between the CC and PSOE parties in July 2021. While the mayoralty changed hands, the council did not pass a new resolution regarding salaries. Instead, existing pay structures from June 2019 remained in place. Later, in July and August 2021, decrees were issued that set the specific remuneration for the mayor and the councilors.

At the time, Carmen Luisa Castro, then the PP spokesperson and now the mayor, raised concerns about the payments, stating they lacked proper council approval. This led to the court ruling in July 2022 that invalidated the salaries for the four individuals. Despite this, the municipal government at the time, formed by CC and PSOE, believed the ruling had been followed, based on advice from the town's Secretariat and Treasury departments.

Luisi Castro, now the mayor, pushed for the court's decision to be enforced. The judge has now ruled that the decision has not been fully implemented and has ordered the Güímar City Council to cover legal costs. The judge stated that the misuse of public funds was clear, as payments were made without legal justification.

Mayor Castro had argued that the four should repay all salaries received from July 2021 until they left office in June 2023, plus interest. However, a report from the General Secretariat in October 2023 limited the repayment to just July and August 2021, aligning with the initial request of the plaintiff.

The municipal secretary suggested that repaying the money could be seen as "unjust enrichment" for the council, an argument the defendants used and which the judge rejected. The judge pointed out that the original 2019 agreement did not link pay to specific duties or responsibilities, and was made without proper justification.

While town hall technicians noted that the four individuals signed a significant number of documents during those initial two months, indicating they performed their duties, the judge ruled that the payments were made without a legal basis.

Gustavo Pérez and Airam Puerta, current spokespersons for CC and PSOE respectively, along with councilor Cándido Gómez and retired councilor Juan Delgado, can still appeal this decision.