Icod de los Vinos Mayor Faces Calls for 15-Year Ban Over Alleged Prevarication
Icod de los Vinos Mayor Javier Sierra Jorge faces a potential 15-year ban from public office following allegations of prevarication by omission regarding his failure to act on a municipal disciplinary file.
The Icod de los Vinos City Council is facing legal scrutiny after the private prosecution requested a 15-year ban from public office for Mayor Javier Sierra Jorge. The request follows allegations of "prevarication by omission"—a charge involving the intentional failure to perform a legal duty. A local judge recently moved the case to an abbreviated procedure, a decision that is currently being appealed by both sides.
The case centers on the mayor’s alleged failure to act on a disciplinary file involving a municipal employee. A complaint filed by another civil servant claims that after taking office in June 2023, the mayor ignored multiple requests to move the case forward, ultimately allowing the administrative offense to expire. The prosecution argues that the mayor failed to uphold the law, citing a personal friendship with the employee under investigation as the reason he avoided appointing an investigator or taking corrective action.
Under Spanish law, prevarication by omission occurs when an official knowingly refuses to perform a necessary duty. Penalties for this offense range from nine to 15 years of disqualification from public office, and the prosecution is seeking the maximum sentence.
The mayor’s defense team has dismissed the accusations as disproportionate and unsupported by evidence. Sierra Jorge denies any wrongdoing, arguing that the statute of limitations for the minor offense had already expired before he took office, during the term of his predecessor, Francisco Javier González Díaz. He maintains that the case is a politically motivated attempt to damage his reputation and insists that the timeline of events does not support the claims against him.
While the Public Prosecutor’s Office has yet to submit its formal indictment, the case underscores the legal risks local officials face when managing disciplinary matters. The court’s decision on the pending appeals will determine whether the case proceeds to a full trial, a development that could significantly impact the political future of the Tenerife municipality.