No clearance – no office? Latvian minister explains rules for municipal leaders

Approximately 80 senior municipal officials have so far received the required clearance to work with state secrets, Minister for Smart Administration and Regional Development Raimonds Čudars (New Unity) said in an interview with the Latvian Television programme Rīta panorāma.

Meanwhile, in around 30 municipalities, evaluations are still underway to determine whether the officials should be granted access to state secrets, the Minister added.

He stressed that municipal council chairpersons who are currently denied clearance for access to state secrets may not perform their official duties, even though decisions to refuse clearance can still be appealed.

The Minister was cautious in commenting on the legally prescribed procedure under which senior municipal officials apply for state secret clearance. In his view, the process will inevitably involve a certain level of secrecy, considering that it is overseen by the State Security Service and relates to classified information. However, what is important is that a procedure is now in place allowing courts to verify whether security services have acted lawfully when assessing eligibility for clearance.

Regarding Jūrmala City Council, whose former Chairman Gatis Truksnis (LZP) announced his resignation last week after being denied clearance,

Čudars stated that council members must now elect a new Chair.

Commenting on the case of Ogre Municipality Council Chairman Egils Helmanis, who has not yet applied for clearance and is currently on sick leave, Čudars confirmed that the Ministry has received assurances from the municipality that Helmanis will submit the application as soon as he returns to work.

Asked whether the application form is extensive or complex, the Minister replied that it is rather detailed and must be completed by hand, requiring a wide range of information related to a person’s background and professional experience.

As reported, on the1st of June 2024, a requirement came into force obliging municipal executive directors and their deputies to obtain special permits for access to state secrets. If the permit is not granted, the official must be dismissed.

At the same time, the Saeima adopted amendments to the Law on Local Governments requiring municipal council chairpersons and their deputies to apply for state secret clearance following the municipal elections held in June.

However, unlike executive directors,

municipal leaders will not automatically lose their position if clearance is denied.

During discussions on the amendments, it was noted that if a municipal leader does not receive clearance, the matter could be assessed and, if necessary, action taken either by the municipal council or by the Ministry for Smart Administration and Regional Development and the Minister.

The amendments to the Law on Local Governments stipulate that no later than one month after the election of a council chairperson or deputy chairperson, the municipality must submit a request to the competent state security authority, in accordance with the procedures set out in regulatory enactments, for the issue of a special permit granting access to state secrets.

Read also: Jūrmala mayor denied access to state secrets — Truksnis resigns

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