Anti-corruption bureau flags conflict of interest when officials vote for themselves as agency heads

Latvia's Corruption Prevention and Combating Bureau (KNAB) has determined that members of independent institutions create a conflict of interest when they vote for their own candidacy in internal elections for chairperson or deputy chairperson. The chairperson and deputy chairperson of the National Electronic Mass Media Council (NEPLP) have already been fined over this, according to the TV3 programme "Nekā personīga".

The Law on Prevention of Conflict of Interest in the Activities of Public Officials bars officials from deciding matters in which they have a personal or financial interest. Exceptions apply to members of parliament, cabinet ministers and municipal council members, but independent institutions are not listed among these exceptions, which is why KNAB identified a violation.

Fine for NEPLP leadership

NEPLP's chair and deputy are chosen by the council's five members from among themselves. When previous chair Ivars Āboliņš stepped down this summer, votes split so evenly that without the votes of candidates Ieva Aurēlija Druviete and Ieva Kalderauska for their own candidacies, no decision could have been reached. KNAB fined both officials 500 euros each, arguing that voting for oneself as chair also means voting for a higher salary, creating a financial interest. Both officials disagree and have appealed the decision, saying the vote primarily concerns duties rather than pay. Members have voted for themselves in previous NEPLP leadership elections too.

An exception, and the Constitutional Court

KNAB considered it justified when Sanita Upleja-Jegermane voted for her own candidacy at the Public Broadcasting Council, which last year had only two members, making election otherwise impossible.

At the same time, KNAB has opened administrative proceedings against the Constitutional Court's leadership over the election of its chairperson and deputy two years ago, conducted by secret ballot. Court chairperson Irēna Kucina called KNAB's interpretation mistaken and absurd, warning that questioning judges' votes in secret ballots would undermine judicial independence. Supreme Court and Judicial Council chairperson Aigars Strupišs also sees problems with KNAB's approach, distinguishing between a unilateral decision and a collegial vote required by law. KNAB's administrative investigations department head, Andris Donskis, said the bureau sees no issue with its decisions. Justice Minister Edvards Smiltēns has submitted amendments to parliament aimed at clarifying the law.