Minutes of Zoom Meeting
Wednesday, 20 January 2021, 2pm
Present. : Chairman, Phil Gelling (PG)
Colin Barton (CB); Gordon Cockburn (GC); Rob Humphreys (RH); Nigel Jones (NJ); Jayne Miller
1. Apologies for Absence
2. Appointment of Temporary Treasurer – Arrange for all signatories on letter to bank
It had proved difficult to persuade the bank to accept the change of Treasurer. Alongside a formal
written resignation from Dave Shackleford, a letter was required confirming the change without
AGM or EGM, as well as sample signatures.
GC emphasised how important it was to complete this changeover since petty cash was currently
only approximately €142. Bank statement of December showed funds of approximately €14,518.
PG needs to action this before Monday.
3. Registration of the Association
PG to arrange appointment with Tina , All documentation had been completed last October ,
however following Dave’s resignation there needs to be a letter to accompany the form to explain
the absence of AGM/EGM.
The formalities for foundation of local associations may not be as simple as in the UK, Spanish
requirements being so much more complicated and bound in legislation. CB was asked how
BClean had managed but he did not really have much experience with the organisation although
was going to have to become more involved but is not sure what is needed. He was considering
trying to contact those who originally set up the organisation in 2013. PG suggested it may be
helpful to introduce CB to Tina .
4. Update on Responses to the Letters sent out in December
Next Steps and Timescales
Appended is the reply from the Ombudsman
Only two responses had been received, from the office of the Prime Minister of Spain and the
Ombudsman. The former advises all the issues should be taken up with the Ayuntamiento. The
Ombudsman indicated they would be prepared to investigate complaints made over the last
twelve months. These could include the discussions concerning CoOs, suggestion of fraud and
general stonewalling by the Ayuntamiento.
However, any fraud or corruption investigation should be referred to the Attorney General.
Anything concerning Manoli is a matter for the Courts.
Maladministration by the council is a matter for the Ombudsman but specific issues need to be
defined. A definition is required of what would they consider to be maladministration. Is it
sufficient that various promises were made by the present Party have not been delivered?
The issue of setting up CoOs depends on completion of urbanisation and this is the fundamental
issue since the urbanisation has NOT been completed,
We need to provide evidence from our meetings. Determine the first time they declared to
responsible for region’s recommendations – was this within the last year as required by the
The Ombudsman had set a deadline of 30 days in which to provide more streamlined details. It is
important to establish the starting point of the 30 days in order not to miss the deadline for
Specific points discussed were :
• Some lighting work has started on A to split between private and public roads
• Is Camposol a complete urbanisation?
• If the council have taken over any or part of Camposol, they are failing in their responsibilities to
maintain the public roads – surely this is maladministration?
• It had been stated that advice of the budget expenditure would not be available until the end of
the year when finances for the Ayuntamiento were complete – when would this be forthcoming?
• The Ayuntamiento will argue that they cannot do everything at once, they may well have a
strategy but are reluctant to advise us what the strategy comprises
PG suggested a separate meeting to discuss the replies in detail and formulate our responses –
such as moving to the next level. We must address ombudsman first
4 agencies have not responded but PG has proofs of delivery prior to start of January. It would be
appropriate to send a reminder. – Action PG
5. Reports from the Gardening Groups
CB advised that Martin, who had been running A sector, has resigned and Elaine Wick has taken
over.. CB to contact her with the suggestion that she or other representative join the CRA
Activities have been restricted and there have been another couple of months without doing
anything although hedge trimming has started on entrance roads. CB is preparing to contact tree
cutters to prune the palms. New trees have been planted around car park and also around skips to
PG enquired as to why there were not more volunteers. CB updates the BClean Facebook page
and Preguntas y Mas, always requesting more volunteers but there is so little interest it is very
It was noted that Council workers are about on D trimming trees on Los Covachos.
6. Aid for those struggling with the pandemic
PG had posted through Facebook and Preguntas y Mas, to enquire as to whether any are having
problems in the present pandemic situation. Only two responses, had been received – one lady
identifying the fact that someone has to provide accommodation for Dave. This had been resolved
by another lady whose husband is now severely suffering from Alzheimer’s. This coupled, with lack
of funding means that her continued support for Dave is very difficult. Some time ago there had
been a ‘help Dave Campaign’ which had provided a base of funds which had been depleted so the
lady who had taken in Dave was now unable to cope.. NJ had discussed the case with Silvana who
indicted she should be contacted directly. It was suggested Age Concern may also be able to
It was presumed that Dave does not have residency and following Brexit he would now be
considered third nation resident. Perhaps ultimately he will not receive any assistance. Need to
speak to the lady who is supporting him at present and urge her to contact Silvana.
NJ outlined the history behind a family of Rumanians having difficulty, which ultimately had been
referred to Silvana and Social Services.
PG had attended a meeting with Richard, when strategies were discussed, and final thoughts had
been that vouchers would be the best system, notably supporting a couple of local shops. There
has been no further action since and it appeared Richard had decided to seek a location to store
product. However without any research as to how much demand there may be, PG still considered
a more flexible route of using vouchers would be appropriate.
Therefore despite the wish for CRA to offer assistance to those in need, there seems to be no
8. Halloween Fund Raiser
PG has been approached by a former committee member who had been involved with a
fundraiser in 2015. A Halloween party held at the Golf Club had been a great success – notably a
coffin with opportunities for selfies rising from the dead, and a costume competition. It was though
that the former in the current circumstances would be inappropriate. The Harlequin Choir and
Cloud 9 had indicated they were prepared to be involved, provided funds go to charity. This could
be a first event after the pandemic. Choir will do rehearsals in readiness. It was suggested that
Funds be split between FAST and CRA.
There were no objections to the proposal.
9. Any Other Business
9.1. Pothole Machine
JCB pothole machine has been developed costing £160k. It was suggested we request the
Ayuntamiento purchase in order to deal with road problems
9.2. Meeting Silvana
Silvana continues to request a copy of the 28-page report – this had not been handed over on the
basis she will not provide information we have requested. However there is nothing fresh in the
document and she has access to all the details from elsewhere. PG hopes that Ayuntamiento has
realised we are pursuing avenues elsewhere for assistance and it may be that they are taking some
actions, possibly arising from this.
Silvana has requested a meeting with the CRA Committee in the Cultural Centre but has not
indicated the reason or provided an agenda.
NJ felt that CRA should be pushing for the Worktable to be set in motion as promised last summer.
We also need to understand the expenditure of the budget assigned to Camposol.
PG suggested that such a meeting would be a favour to Silvana in the hopes of dispelling her idea
that she does not have support from CRA however she must remember she works for Camposol
Residents as well as the Ayuntamiento.
All were in favour of pursuing such a meeting but with the emphasis that there must be an agenda
provided and details of attendees.
10. Next Meeting
Two weeks to discuss reply to ombudsman
Suggested 2pm, 3 February
Your written statement has been received and, as you know, has been registered with this institution
with the number listed above and must always be referenced.
The Ombudsman protected fundamental rights by supervising the performance of public
administrations and their agents (article 54 of the Constitution and Organic Law 3/1981, of 6 April) and
sought to act with objectivity, impartiality and effectiveness (article 103.1 of the Constitution).
This institution considers complaints about specific administrative actions and involving possible
violations of the regulations, provided that sufficient elements of judgment are provided and a
minimum of evidence or evidence to allow consideration of such intervention. Furthermore, the mere
disagreement or disagreement with an administrative resolution, or with the criteria for the organization
and operation of public services, cannot, by itself, motivate our intervention.
Studied the content of your writing as well as the abundant documentation that you have submitted,
you notice that you denounce various issues that appear mixed and unrelated, although all of them
related to the urbanization Camposol in the municipality of Mazarrón. Therefore, it is not possible to
determine what your problem really is. Nor has this institution been able to find the determining
elements of whether or not the complaint is founded from reading the extensive report it refers to.
At some times it seems that you want to show your disagreement with the constitution of a
Conservation Entity that maintains and preserves the urbanization and infrastructure works, at others,
denounces the poor infrastructure existing in urbanization and lack of public services, And finally, it also
seems to want to denounce the passivity of the Mazarron City Council, which does not take measures to
improve the situation of the neighbours of this urbanization.
For a better understanding of all these issues, you must state clearly what is why you are addressing this
institution, and what it is, by undoing the various issues it raises succinctly and accurately.
It is also necessary that you send a copy of the most relevant briefs and complaints that you, the
neighbors, have submitted to the City Council for these matters during the last year. This institution is
aware that you have been submitting applications for a long time but, according to Article 15.1 of the
Ombudsman’s Organic Law 3/1981, of 6 April, complaints must be lodged within a maximum of one
year. counted from the time the claimant was in be aware of the facts that are the subject of it. This
institution will therefore stick to the requests and claims that you have submitted in the last year and
that have not been met by the local government.
Without prejudice to the above, it must take into account that the urban conservation entities are
collaborating entities of the Urban Management, Of mandatory constitution when the Plan or a legal
provision gives the owners of a polygon or unit of action the duty to maintain and preserve the
urbanization. As regards their legal nature, they are groups of associated persons for some specific
purpose, in this case the conservation of the urban development works.
They have as special feature, which distinguishes them from other corporations, that the legal system
has conferred them as powers through the technique of “self-administration” the exercise of public
powers, administrative powers to exercise over their own members. Therefore, if the plan determines in
this case the mandatory constitution of an entity, then you, the owners, must constitute it and assume
the maintenance and conservation of urban works once they’re finished.
Furthermore, on the alleged irregular performance of the company promoting one of the houses, it is
informed that, in accordance with the provisions of Organic Law 3/1981, of 6 April, this institution is not
competent to intervene with private companies. These differences fall within the relationship between
sellers and buyers of real estate, a relationship that belongs to the legal-private sphere, and which is
therefore outside the competence of this institution. The possible responsibilities that a private
enterprise may have incurred in the development of its activity must be demanded by the affected
parties themselves before the ordinary courts of justice if a friendly agreement between the parties is
not possible, without this institution being able to supply those affected in the actions of any kind that
they undertake to defend their interests.
Finally, given the statements made in his writing, he must bear in mind that the Ombudsman has no
powers to investigate criminal conduct by public officials, such as those referred to in his writing.
Corruption issues are generally the subject of complaints to the judge, since this institution has no
function of prosecuting crimes.
In fact, article 25.1 of Organic Law 3/1981, of 6 April, provides that this institution must immediately
bring to the attention of the Attorney General of the State those conduct or acts allegedly criminal, of
which it is aware by reason of the exercise of its functions, It cannot investigate them by itself by sticking
its role to the protection of the fundamental rights recognized in Title I of the Constitutional Text when
they are infringed by the actions of the Public administration or it will not act in a way consistent with
the principles of legality and effectiveness.
In this case, this institution is not aware of alleged criminal facts as a result of the processing of a
complaint, but is aware of the statement or manifestation you make in this regard. Therefore, even if it
submitted evidence of the corruption it denounces, and this institution appreciated the
same signs of crime, it could do nothing but refer them to the Prosecutor. It must
be insisted that you address your complaint to the Attorney General’s Office or to the Judge of
Without prejudice to these observations which you will need to take into account, this institution is
waiting for you to make the clarifications requested and to submit a copy of the documentation
If the requested data are not received after 30 days, your file will be
archived, given the inability to perform the actions.
Finally, you are reminded that the possible action of the Ombudsman will not
be suspended in any case time limits for raising administrative or remedies that may be exercised in
cases and with the requirements of the norms in force.
Greets you very carefully,
Francisco Fernández Marugán
Defensor del Pueblo (e.f.)