Merca removes procurement competencies from the Local Government Board

The mayor of Merca, José Manuel Garrido Sampedro, has revoked the delegation to the Local Government Board of the powers regarding contracting and the authorization and allocation of expenses derived from contracts, which will now be exercised directly by the Mayor’s Office. The decision was adopted through Mayor’s Resolution 2026-0595, dated September 30, 2026, and published in the Official Gazette of the Province of Ourense on October 20, 2026, in section IV. Local Entities, with reference R. 2.358.

The resolution modifies Mayor’s Resolution 2023-0274, of July 18, as amended by Mayor’s Resolution 2025-0070, of February 12. That initial regulation delegated a block of powers to the Local Government Board, which included, in letter d) of the second point, contracting matters in sections i and ii. Until now, that collegiate body had been exercising those competencies normally, as shown by the agreements on tax registers and settlements approved in the session of August 26, 2026.

The announcement is processed in compliance with article 46.1 of the Regulation on the organization, functioning, and legal regime of local entities, approved by Royal Decree 2568/1986, of November 28. The text is dated in Merca on October 2, 2026, and is signed by the mayor. The heading of the announcement numbers the resolution as 2026-059, while the operative part identifies it as 2026-0595.

What changes in practice

• Letter d) of the second point of the current delegation, dedicated to contracting matters in sections i and ii, is removed.
• The corresponding competencies will now be exercised directly by the Mayor’s Office.
• The delegation contained in section v of letter f) no longer includes the authorization and allocation of expenses derived from contracts.
• Such authorization and allocation of expenses shall correspond to the Mayor’s Office as the contracting authority.

The effect is a centralization of contracting decisions in the mayor, who ceases to share with the collegiate body the approval of files and the allocation of expenditure associated with municipal contracts.

What remains in force

• The rest of the content of Mayor’s Resolution 2023-0274, of July 18, as amended by Mayor’s Resolution 2025-0070, of February 12.
• The periodicity of the ordinary sessions of the Local Government Board, which remains unchanged.
• The obligation to communicate the agreement to the affected councilors for their knowledge and effects.

Deadlines for appeal

The resolution ends the administrative route, therefore against it may be filed:

• Optional appeal for reversal (recurso de reposición) before the Mayor’s Office of the council, within a period of one month starting from the day following the publication of the announcement, in accordance with articles 123 and 124 of Law 39/2015, of October 1.
• Contentious-administrative appeal before the Contentious-Administrative Court of Ourense, within a period of two months, in accordance with article 46 of Law 29/1998, of July 13.
• If the appeal for reversal is chosen, the contentious-administrative appeal cannot be filed until the former is expressly resolved or is dismissed by implied silence.

The publication in the provincial bulletin is the procedure that provides publicity and effectiveness against third parties for an internal reorganization that directly affects those contracting with the Council of A Merca: from now on, decisions regarding tenders, awards, and payments derived from contracts depend on a single body, the Mayor’s Office, and not on the Local Government Board.

Source: Official Bulletin of the Province of Ourense, October 20, 2026, section IV. Local entities (official reference: R. 2.358).