Anti-corruption bureau fines officials for voting for themselves — decision sparks controversy

Latvia's Corruption Prevention and Combating Bureau (KNAB) has identified a conflict of interest in cases where candidates for leadership of independent institutions voted for themselves in internal elections. As a result, the chairwoman and deputy chairwoman of the National Electronic Mass Media Council (NEPLP) have each been fined €500, according to the TV3 program "Nekā personīga".

Legal interpretation

The Law on Prevention of Conflict of Interest in 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 not to heads of independent institutions. KNAB argues that by voting for themselves as chair, candidates simultaneously vote for their own higher salary, thereby gaining a material benefit.

The fined officials disagree, arguing the vote primarily concerns assuming duties, while the salary itself is already fixed. NEPLP's leadership has appealed the decision. The program notes that previous NEPLP members have also voted for their own appointment, and in some cases elections would be impossible otherwise — for instance, when the council had only two members, a situation KNAB accepted as a justified exception.

Dispute with the judiciary

KNAB has also launched administrative proceedings against the chairwoman and deputy chair of the Constitutional Court over elections held two years ago, in which secret ballots only allow "for" or "against" votes, with no option to abstain. Constitutional Court chairwoman Irena Kucina has called KNAB's interpretation mistaken and absurd, warning it would undermine the purpose of secret ballots and threaten judicial independence.

Supreme Court and Judicial Council chairman Aigars Strupiss has also stressed the difference between an individual decision about oneself and a collegial body's vote carried out as a legally required duty. Andris Donskis, head of KNAB's administrative investigation department, said the bureau sees no problem with its rulings and does not plan to change them. Justice Minister Edvards Smiltēns has submitted amendments to the law aimed at clarifying rules on officials voting for their own institution's leadership.