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Article 178
 

Disqualifications from the office of local councillor


1. Causes of ineligibility set out in the preceding Section shall also be disqualifications from the office of local councilor.


2. The following are also disqualified:


a) Lawyers (abogados) and litigators’ agents in court (procuradores), acting in advice to and representation of parties to judicial or administrative proceedings against the respective local authority, except in actions referred to in Section 63.1.b) of the Local Government Basic Principles Act;


b) Division directors, civil servants or other staff on active service of the respective local council or in bodies and firms under the authority thereof;


c) Directors-general and holders of similar offices in Provincial and Local Savings Banks (Cajas de Ahorros) operating in the local authority’s territory;


d) Contractors and subcontractors in contracts wholly or partly financed by the respective local authority or by bodies under the authority thereof, and


e) Local councillors (concejales) elected on lists of candidates put forward by parties or federations or coalitions of parties declared as illegal at a later date by a final court decision, as well as those elected on lists put forward by electors’ groupings declared by a final court decision to be connected to party already banned by a final judgment. 


3. Should a cause for disqualification arise, those affected must choose between relinquishment of the local councillor office or relinquishment of the position that, by virtue of the foregoing subsection, has given rise to said disqualifying cause. Where the cause for disqualification is the one contemplated in paragraph e) of subsection 2 of this Section, the provisions of Section 6.4 of present Act shall apply.


4. Where the cause of disqualification is that set out in paragraph b) of subs. 2, the civil servant or employee who chooses to sit as a local councillor shall be put in the special services position or, in default thereof, in a situation contemplated in the relevant collective bargaining agreement that specifically provides for preservation of his employment position. 


5. Citizens eligible under Section 177, subs. 1, of this Act shall be subject to the disqualifications referred in this section.


 2.E) ADDED BY SECT. 9 OF INSTITUTIONAL ACT 3/2011, OF JANUARY 28
 3 AS AMENDED BY SECT. 10 OF INSTITUTIONAL ACT 3/2011, OF JANUARY 28
 5 ADDED BY SECT. 3 OF INSTITUTIONAL ACT 1/1997, OF MARCH 30