Mayors still being evaluated for security clearance in Latvia / Article

Gatis Truksnis (Latvian Green Party) is still found in the mayor’s office in the Jūrmala municipal council building even though he resigned last week because he was not cleared for state secrets. 

“I was told that I would not be granted a state secrets clearance because I had been convicted of a deliberate criminal offence,” he says. Truksnis has been found guilty on charges of falsification of documents in connection with a work trip.

The conviction is the formal reason why Truksnis was denied access to state secrets. However, the Service also obtains operational information during the evaluation, which is classified. 

According to the VDD in its 2024 annual report, “in most cases, persons were denied access to state secrets for a number of reasons”. Some of the most common reasons for denial of clearance include, for example, regular travel to Russia or Belarus, as well as other pro-Russia countries; commission of criminal offences, including abuse of official position; alcohol, drug, gambling or other addictions, as well as other reasons.

Truksnis was convicted under Article 327 of the Criminal Law. However, a conviction is not necessarily a bar to obtaining a state secrets clearance.

More than three years ago, the chairman of the Preiļi municipality, Aldis Adamovičs (elected on the joint Latgale Party/ New Unity/Latvian Development), was convicted of fraud and forgery. He still does not know whether he will be granted a state secrets clearance. According to the law, the head of the security service, currently Normunds Mežviets, can grant access to state secrets after a background check if the crime committed is not of a particularly serious nature. “The VDD assesses each such case on an individual basis, prioritising the prevention of a threat to the security of protected information and the interests of national security,” the service said in a written reply.

A person’s indictment is also one of the reasons that may give the security service grounds to doubt a person’s credibility and ability to maintain state secrets, but an indictment in itself may not be decisive for granting a security clearance.

Truksnis will appeal the VDD decision. Last year, the VDD denied access to state secrets in 21 cases. Three people appealed against the service’s decision to the Prosecutor General. However, all three appeals ended with the Prosecutor General finding the VDD justified and upholding it.

In total, nine complaints against decisions of the state security authorities to refuse to grant a special permit for access to state secrets or to downgrade a special permit were examined by the Prosecutor General’s Office last year. This year, the number of such complaints has increased. There are 14 such complaints, the Prosecutor General’s Office said.

Three possible scenarios if the mayor is denied a security clearance

The former chairman of the Jūrmala City Council resigned after receiving the decision of the VDD, but he could just as well not have done so. There were three possible scenarios.

The first one is the one Truksnis chose – resignation.

The second was that he could have left the decision to the council. The problem with this scenario is that the vote of the deputies would have no rational choice. That is, even if the council voted to keep him in office, he would still not be able to stay. “So why should we be forced to vote for something that has no choice? Then there is no need to vote. It should be written in the law,” Truksnis asked.

The minister in charge of local governments admitted that a more precise wording in the law that the mayor loses his post if he is not cleared for state secrets would make the current procedure easier. However, he also said that there was no problem at the moment.

The third scenario is that the Minister gets involved. That is, if the mayor continues to work without a state secrets clearance and is also dismissed by the Council, the Minister for Smart Administration and Regional Development would have to dismiss the mayor “If the Chair of the Council continues to hold office without a valid state secrets clearance, this is a violation of the law,” explains Minister of Smart Administration and Regional Development Raimonds Čudars (New Unity).

This year’s municipal elections were the first to require state secrets clearance for municipal leaders. This change was proposed by President Edgars Rinkēvičs at the end of 2023. He argued that it was important for municipal leaders to have access to classified threat analyses carried out by national security institutions and the National Armed Forces, in times of national threat. The current procedure requires state secrets clearance for municipal presidents, executive directors and their deputies.

As of mid-last week, 81 applications for state secrets clearance had been evaluated. Excluding Truksnis, 80 others were granted security clearance. One of them was granted it for a shortened period of two years. The assessment is still ongoing for 36 applications. The period of examination is three months, but can be extended to six months.

The names of all those who have been cleared for state secrecy are currently unknown. The Minister responsible for local government also does not know.

“The State Security Service informs us of a situation where a high official of a municipality, whether it is the chairperson or the deputy, has been denied a state secrets security clearance,” Čudars said. Conclusions on all municipal officials will be possible early next year, when the six-month or maximum period for vetting officials will have passed.

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