The position of assistant secretary of the Bilbao City Council has been classified

The Directorate for Relations with Local Administrations and Administrative Registries of the Basque Government has classified the workplace of the head of the support body of the Secretary of the Governing Board of the Bilbao City Council, reserved for municipal officials with national authorization and to be filled by free appointment. The resolution is dated August 27, 2026, and has been published in the Official Gazette of the Basque Country (EHAA), issue number 167 on September 2, 2026, with official reference 2026/3767. The resolution was signed by Director Loreto Osa Ocón.

Legal basis of the classification

The classification is based on Article 92 bis of Law 7/1985 regulating the Bases of Local Regime, as amended by Law 27/2013 (Law for the Rationalization and Sustainability of Local Administration). This article establishes that there are certain public functions necessary in all local corporations, and their administrative responsibility is reserved for municipal officials with national authorization, including accounting, treasury, and collection functions.

Likewise, Royal Decree 128/2018 (of March 16) establishes, in its fourth additional provision, that in municipalities with large populations, the functions of public faith, mandatory legal advice, and control and oversight of economic-financial management shall be exercised according to Title X. Section 2.b) of that provision specifies that the position of the head of the Governing Board’s support body shall be a sub-secretary, high level, and must be classified as level 1.

Procedure and reports

The Bilbao City Council requested the classification from the Directorate for Relations with Local Administrations and Administrative Registries via a justification report dated April 27, 2026. During the processing phase, a report was requested from the Provincial Council of Bizkaia, which gave a favorable opinion regarding the classification request.

The resolution contains three main decisions:

• Classifying the position as reserved for municipal officials with national authorization, sub-secretary, high level.
• The filling system being free appointment.
• The Bilbao City Council must include the position in its staff list (RPT) prior to filling it.

Appeals and consequences

The resolution does not end the administrative route. Interested parties may file an appeal for reversal before the Vice-Minister for Institutional Relations within a period of one month starting from the day following the publication, according to Articles 121 and 122 of Law 39/2015. Similarly, interested public administrations cannot file an administrative appeal, but they may appeal before the Administrative Litigation Chamber of the High Court of Justice of the Basque Autonomous Community within a period of two months from the day following the publication, according to Law 29/1998.

This reservation is of particular importance for the organizational structure of the Bilbao City Council, as the position is located within the scope of nationally qualified officials and allows for free provision through appointment. In this way, the secretariat-assistance functions of the council’s governing body remain in the hands of specialized officials with state-level qualification, strengthening the professionalization and transparency of the local administration.

Source: Official Gazette of the Basque Country, number 167, 2026-09-02, Other Provisions (official reference: 2026/3767).