Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
8 June 1995 [shall come
into force on 6 July 1995];
23 May 1996 [shall come into force on 1 June 1996];
5 February 1997 [shall come into force on 6 March
1997];
30 October 1997 [shall come into force on 27 November
1997];
13 November 1997 [shall come into force on 26 November
1997];
5 February 1998 [shall come into force on 4 March
1998];
16 June 1998 [shall come into force on 10 July
1998];
14 October 1998 [shall come into force on 4 November
1998];
9 December 1999 [shall come into force on 12 January
2000.];
15 June 2000 [shall come into force on 14 July
2000];
21 December 2000 [shall come into force on 19 January
2001];
6 June 2002 [shall come into force on 5 July 2002];
5 June 2003 [shall come into force on 10 July
2003];
17 February 2005 [shall come into force on 18 March
2005];
17 July 2008 [shall come into force on 1 July
2009];
12 December 2008 [shall come into force on 1 January
2009];
16 June 2009 [shall come into force on 1 July
2009];
1 December 2009 [shall come into force on 1 January
2010];
17 June 2010 [shall come into force on 1 October
2010];
16 December 2010 [shall come into force on 1 January
2011];
15 December 2011 [shall come into force on 1 January
2012];
31 January 2013 [shall come into force on 21 February
2013];
19 June 2014 [shall come into force on 28 June
2014];
8 October 2015 [shall come into force on 6 November
2015];
5 December 2019 [shall come into force on 14 December
2019];
19 December 2019 [shall come into force on 22 February
2020];
8 October 2020 [shall come into force on 2 November
2020];
16 June 2021 [shall come into force on 1 July 2021].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following Law:
On Local
Governments
Chapter I
General Provisions
Section 1. The Law sets out the general provisions and
economic basis for the activities of the local governments of
Latvia, the competence of local governments, the rights and
responsibilities of councils and their authorities, and also of
the council chairpersons, the relations of local governments with
the Cabinet and ministries, and also the general provisions for
relations among local governments.
[17 July 2008]
Section 2.
[17 July 2008]
Section 3. A local government is a local administration
which, through bodies of representatives elected by citizens -
council - and authorities and institutions established by them,
ensures the performance of the functions prescribed by law, and
also the performance of tasks assigned by Cabinet according to
the procedures laid down in law, and local government voluntary
initiatives, observing the interests of the State and of the
residents of the relevant administrative territory.
[17 July 2008]
The working language of a local government council
[hereinafter - the council] and the authorities and institutions
established by it shall be the Latvian language.
[13 November 1997; 14 October 1998; 6 June 2002; 17
February 2005; 17 July 2008]
Section 4. In implementing local administration, local
governments, within the scope specified in the Law, are bodies
governed by public law but in the field of private law the local
governments have the rights of a legal person.
[14 October 1998; 17 July 2008]
Section 5. Local governments, within the scope of their
competence and the law, shall act independently.
A local government shall be responsible for the activity of
the authorities created thereby unless specified otherwise in
laws.
In implementing delegated State administration functions and
administration tasks, a local government represents the Republic
of Latvia and is subordinate to the Cabinet.
The Republic of Latvia is liable for the lawful and efficient
implementation of the relevant delegated State administration
function and administration task. The type and content of the
subordination of local governments shall be determined by laws
and regulations.
The Ministry of Environmental Protection and Regional
Development shall monitor the activities of local governments
within the scope of this Law. State administration institutions
and officials who, in cases provided for and in accordance with
procedures laid down in law, monitor the lawfulness of the
activities of local governments and determine that a local
government council, its chairperson, vice-chairperson as well as
other local government authorities fail to fulfil or violate the
Constitution, laws and Cabinet regulations, or also fail to
enforce court judgments, have a duty to inform the Ministry of
Environmental Protection and Regional Development thereof.
Remuneration of the chairperson of the local government
council, his or her vice-chairperson, councillors, local
government administration employees, heads of local government
institutions and other local government officials and employees
shall be determined in compliance with the Law on Remuneration of
Officials and Employees of State and Local Government
Authorities.
[17 February 2005; 17 July 2008; 1 December 2009; 16
December 2010]
Chapter
II
Competence of Local Governments
Section 6. In the field of public law, the competence
of local governments shall be:
1) the autonomous functions prescribed by this Law (Section
7);
2) the autonomous functions prescribed by other laws (Section
8);
3) delegated State administration functions the performance of
which is transferred to the relevant local government in
accordance with the procedures laid down in this Law (Section
9);
4) functions that are within the competence of other local
governments the performance of which has been transferred to the
relevant local government in accordance with the procedures laid
down in this Law (Section 10);
5) administration tasks the performance of which in accordance
with the procedures laid down in this Law has been assigned by
State administration institutions to local governments (Section
11);
6) autonomous functions which are performed as voluntary
initiatives (Section 12).
[17 February 2005]
Section 7. The autonomous functions of local
governments specified in Section 15 of this Law shall be
performed in accordance with procedures laid down in relevant
laws and Cabinet regulations.
The performance of the autonomous functions provided for in
Section 15 of this Law shall be organised by local governments
that shall be liable for such. The performance of such functions
shall be financed from the budget of the relevant local
government if the law does not specify it otherwise.
In transferring new autonomous functions provided for in
Section 15 of this Law that involve increased expenditures to
local governments, the law which determines the procedures for
the performance of such functions shall concurrently determine
the new sources of revenue for the local governments.
[17 February 2005]
Section 8. By means of a law, local governments may be
assigned the performance of autonomous functions that are not
provided for in this Law, concurrently determining in the
relevant law supplementary sources of financing if the
performance of the functions involves increased expenditures.
The performance of functions mentioned in this Section shall
be organised by local governments that shall be liable for
such.
[17 February 2005]
Section 9. State administration institutions may
authorise local governments to perform separate functions of
State administration institutions, if such is provided for in
laws or Cabinet regulations, specifying the procedures for the
performance of such functions and supervising their
performance.
In transferring the performance of the functions of State
administration institutions to local governments, the resources
that are provided for in the budget of the relevant State
administration institutions for the performance of such functions
shall be concurrently transferred to local governments.
The performance of functions of State administration
institutions transferred to local governments shall be organised
by the relevant local government but the State administration
institution that transferred these functions to the local
government shall be liable for the performance thereof.
Section 10. Local governments on the basis of mutual
agreement may transfer among themselves the performance of
separate functions within their competence. The council of the
relevant local government shall take a decision on the transfer
of the performance of functions. Based on such decision, a
written contract shall be entered into which shall specify the
sources of financing for the performance of the functions.
The council which has been assigned the performance of these
functions by law shall be liable for the performance of the
functions mentioned in Paragraph one of this Section and shall
monitor their performance.
Functions that are within the exclusive competence of the
relevant council and are specified in Section 21 of this Law, and
also the functions transferred to local governments in accordance
with the procedures laid down in Section 9 of this Law may not be
delegated to other local governments.
[17 July 2008]
[8 June 1995; 13 November 1997; 21 December 2000; 17
February 2005; 17 July 2008]
Section 11. The Cabinet may, in cases provided for by
law and in accordance with the procedures laid down in the State
Administration Structure Law, delegate the performance of
specific administration tasks to a local government.
In delegating administration tasks, the Cabinet shall ensure
the local government with the resources necessary for the
performance of such tasks.
If the local government agrees, it may perform the tasks with
its own resources.
[17 February 2005]
Section 12. Local governments may, in the interests of
residents of the relevant administrative territory, voluntarily
carry out their initiatives with respect to any matter if it is
not within the competence of the Saeima, the Cabinet,
ministries, other State administration institutions, the courts
or other local governments, or also if such activity is not
prohibited by law.
Section 13. State administration institutions do not
have the right to assign to local governments the performance of
such functions and tasks for which financing is not provided.
If in adopting laws or Cabinet decisions the provisions of
Sections 8 and 11 of this Law regarding the financing of
temporary functions of local governments and of one-time tasks
assigned to them are not observed, local governments may, in
accordance with the procedures laid down in the Law, initiate the
revocation of the relevant law or Cabinet decision and request
reimbursement of expenditures incurred by local governments in
performing the relevant functions or tasks.
Section 14. In carrying out their functions, local
governments have the right, in accordance with procedures laid
down in law, to:
1) establish local government institutions, found associations
or foundations and capital companies, and also invest their own
resources in capital companies;
2) acquire and alienate movable and immovable property,
privatise facilities owned by local governments, conclude
transactions, and also perform other activities of a private law
nature;
3) introduce local fees and determine their magnitude, decide
on tax rates and relief from paying taxes;
4) bring actions in court and complaints in administrative
institutions;
5) receive information from State institutions.
In order to perform their functions, local governments, in
accordance with procedures laid down in law, have the obligation
to:
1) prepare a development programme for the territory of the
relevant local government, ensure the implementation of the
territorial development plan and the administrative supervision
of territorial planning;
2) prepare and approve the local government budget;
3) manage the local government movable and immovable property
rationally and efficiently;
4) collect taxes and fees;
5) in conformity with expected obligations, carry out projects
included in the State investment programme;
6) in conformity with the approved local government budget,
use the local government financial resources rationally and
efficiently;
7) provide information to the Cabinet and ministers on issues
related to activities of the relevant local government;
8) accumulate, use and preserve, until transfer to the State
archives, documents created in the course of local government
activities.
To ensure the performance of their functions, local
governments in cases specified in law shall issue binding
regulations.
[8 June 1995; 5 February 1997; 13 November 1997; 21
December 2000; 17 February 2005]
Section 14.1 A local government is entitled
to issue an informative publication - a periodic printed
publication where it informs the local residents of the
performance of the functions specified in Section 6 of this Law
and also publishes the information specified in this Law and
other laws and regulations. The provisions of this Section shall
also apply to the republishing of the informative publication in
electronic format.
Only the information referred to in this Section shall be
published on the informative publication, and it shall be
available free of charge.
The informative publication shall be issued not more than once
a month. This restriction shall not apply to informative
publications where only the legal acts adopted by local
governments and their authorities and their explanations are
published.
[8 October 2020]
Section 15. The autonomous functions of local
governments are as follows:
1) to organise for residents the provision of utilities (water
supply and sewerage; supply of heat; management of municipal
waste; collection, conducting and purification of waste water)
irrespective of the ownership of the residential property;
2) to look after the public services and facilities, and the
sanitary cleanliness of their administrative territory (building,
reconstruction and maintenance of streets, roads and public
squares; lighting of streets, public squares and other areas
designated for public use; development and maintenance of parks,
public squares and green zones; control of collection and removal
of waste; flood control measures; establishment and maintenance
of cemeteries and places for burial of dead animals);
3) to determine procedures for the use of public-use forests
and waters if it is not specified otherwise in law;
4) to provide for the education of residents (ensuring the
specified rights of residents to acquire basic education and
general secondary education; ensuring children of pre-school and
school age with places in training and educational institutions;
organisational and financial assistance to extracurricular
training and educational institutions and education support
institutions, and others);
5) to maintain culture and facilitate the preservation of
traditional cultural values and the development of creative folk
activity (organisational and financial assistance to cultural
institutions and events, support for the preservation of cultural
monuments, and others);
6) to ensure access to health care, as well as to promote a
healthy lifestyle of residents and sport;
7) to ensure social assistance (social care) to residents
(social assistance for low-income families and socially
vulnerable persons, ensuring places for old people in old
people's homes, ensuring places for orphans and children left
without parental care in training and educational institutions,
provision of overnight shelters for the homeless, and
others);
8) to take care of guardianship, trusteeship, adoption and the
protection of the personal and property rights and interests of a
child;
9) to provide assistance to residents in resolving issues
regarding housing;
10) to facilitate economic activity within the relevant
administrative territory, and to be concerned with reducing
unemployment;
11) to issue permits and licences for commercial activity, if
such is provided for by law;
12) to participate in ensuring public order and to combat
drunkenness and immorality;
13) in accordance with the territorial planning of the
relevant local government, to determine land utilisation and
procedures for its development;
14) to ensure in their relevant administrative territory the
lawfulness of the construction process;
15) to perform civil status document registrations;
16) to collect and provide information necessary for State
statistics;
17) to perform the necessary measures for council
elections;
18) to participate in ensuring civil defence measures;
19) to organise public transport services;
20) [17 July 2008];
21) to organise further education for teaching staff and
pedagogical methodology work;
22) to conduct, in the relevant administrative territory, the
registration of children residing therein;
23) to implement the protection of the rights of the child in
the relevant administrative territory.
[17 July 2008]
In the cases and by the procedures provided for in
international agreements, laws or Cabinet regulations, the State
shall participate in the implementation and financing of specific
autonomous functions.
The local government may delegate the tasks arising from each
autonomous function of the administration to a private individual
or another public person. Procedures for, types and restrictions
of the delegation of the administration tasks shall be determined
by State Administration Structure Law.
[13 November 1997; 5 February 1998; 9 December 1999; 21
December 2000; 17 February 2005; 17 July 2008; 16 June
2009]
Section 16.
[13 November 1997]
Section 17.
[13 November 1997]
Section 17.1 In accordance with the
procedures laid down in the State Administration Structure Law,
the Cabinet may enter into a contract governed by public law with
specific local governments for the performance of specific tasks
of State administration functions.
[17 February 2005]
Section 17.2 The capital city Rīga in
addition to the functions specified in Section 15 of this Law
shall permanently perform the following State and local
government shared responsibility capital city functions:
1) provision of support to central State authorities, foreign
diplomatic missions and consular institutions, and also ensuring
the necessary conditions for the activities of international
organisations;
2) ensuring the conditions for the reception of foreign
delegations and the maintenance of national representation
objects belonging to local government associated therewith;
3) participation in the maintenance and development of
historical objects of State and international importance,
cultural and historical objects of national importance, and also
of the cultural infrastructure;
4) participation in the maintenance and development of
communications systems and transport infrastructure of State
importance.
[17 February 2005]
Chapter
III
Council
[21 December 2000; 17 February
2005; 17 July 2008]
Section 18. Councils shall be composed of elected
councillors.
The number of councillors to be elected in the council shall
be determined by the Law on the Election of Local Government
Councils.
The rights and obligations of councillors of the council shall
be determined by this Law and Law on the Status of the Deputy of
the Republic City Council and Municipality Council.
Councillors of councils shall receive remuneration for
participation in meetings of councils and committees, and for the
performance of other duties of councillors.
[21 December 2000; 17 February 2005; 17 July 2008; 17 July
2008; 16 June 2021]
Section 19. The first meeting of the newly elected
council shall be convened by the chairperson of the local
government electoral commission within the time period specified
in the Law on the Election of Local Government Councils. The term
of office of the previous council shall terminate with the first
meeting of the newly elected council.
Until election of the council chairperson, the chairperson of
the electoral commission shall chair the meeting and sign the
decision of the council regarding election of the council
chairperson.
The council chairperson shall be elected from among the
councillors of the relevant council. Any councillor of a council
has the right to nominate a candidate for the position of a
council chairperson.
The council chairperson shall be elected if the candidate has
received more than half of the votes of the elected councillors
of the council.
If none of the candidates receives the necessary majority of
votes in the first round, a repeat vote shall be held for those
two candidates who receive the most votes. The candidate, who
receives the necessary number of votes for election, is elected.
If also in the second round neither of the candidates receives
the majority of votes necessary for election, a vote shall be
held for the candidate who receives more votes in the second
round.
If no candidate in the third round receives the necessary
number of votes for election, new elections shall be held for a
council chairperson.
[8 June 1995; 13 November 1997; 21 September 2000; 17
February 2005; 17 July 2008; 31 January 2013; 16 June
2021]
Section 20. After election of the council chairperson,
a vice-chairperson and standing committees shall be elected from
among the councillors of the council. A council chairperson may
have several deputies.
The vice-chairperson of a council shall be elected by a
majority vote of the council councillors present, in conformity
with the provisions of Section 19, Paragraphs five and six of
this Law.
[8 June 1995]
[8 June 1995; 13 November 1997; 21 December 2000; 17
February 2005; 17 July 2008]
Section 21. Councils may examine any issue that is
under the supervision of the relevant local government; in
addition, only councils may:
1) approve local government by-laws;
2) approve the local government budget, budget amendments and
reports of implementation of the budget, and also economic and
annual public reports;
3) approve the local government territorial development
programme and territorial planning;
4) decide on the liquidation of the relevant administrative
territory, modification of its boundaries or change of name;
5) approve the local government economic and social
development and the environmental protection long term
programmes;
6) approve the local government territorial divisions and its
administration structure;
7) determine the symbols of the local government and the units
of its territorial division, coordinating it with the State
Heraldry Commission of Latvia;
8) establish, reorganise, and liquidate local government
institutions, local government capital companies, societies and
foundations and approve the by-laws of local government
institutions;
9) appoint to office and remove from office the heads of local
government institutions and other officials in cases provided for
by law and local government by-laws;
10) elect and discharge from office (remove from duties) the
council chairperson, the vice-chairperson, members of standing
committees, and members of the audit commission;
11) appoint to office and remove from office the executive
director;
12) determine the remuneration for performing the duties of a
councillor, and the procedures for payment of such remuneration
and for reimbursement of work-related expenditures;
13) determine the remuneration for the council chairperson his
or her vice-chairperson, local government administration
employees, heads of local government institutions and other local
government officials and employees;
14) determine, if such is not prohibited or laid down in laws
or Cabinet regulations, the charges for:
a) use of (lease) of local government land and other immovable
or movable property,
b) rent (lease) for local government residential and
non-residential property,
c) use of local government water supply and sewerage,
d) heating provided by the local government,
e) collection of municipal waste,
f) issuance of licences (permits),
g) other services;
15) adopt binding regulations with respect to implementation
of local government fees and, in cases specified in law,
determine tax rates;
16) approve binding regulations and determine administrative
liability for the violation of such;
17) take decisions with respect to the alienation, pledging or
privatisation of local government immovable property, and also
local government ownership acquisition of immovable property;
18) [17 June 2010];
19) determine procedures for transactions with local
government movable property, and also procedures for accepting
and managing gifts and bequests, and the taking on of loans,
borrowings, and other economic obligations in the name of the
local government;
20) grant names to streets, parks, and public squares as well
as rename them;
21) suspend and revoke decisions of heads of local government
institutions;
22) revoke orders of the council chairperson;
23) take decisions with respect to procedures for the
performance of functions mentioned in Section 15 of this Law, for
determining the officials responsible for such, and also for
submission of reports on the performance of such functions;
24) elect local government representatives and members to
local government or State committees, commissions, boards, and
working groups;
25) take decisions with respect to organising elections and
referendums, in accordance with procedures stipulated by the
Central Election Commission;
26) elect and release (remove) chief judges and members of
Orphan's and Custody Courts;
27) take decisions in other cases provided for in law.
The activities and decisions of councils shall be maximally
efficient.
The Rīga City Council may delegate to a local government
authority established by the Rīga City Council the examination of
issues referred to in Paragraph one, Clauses 9, 18, 21, 24, and
27 of this Section.
The establishment, administration, reorganisation, and
liquidation of a local government capital company shall be
governed by the Law on Governance of Capital Shares of a Public
Person and Capital Companies and the Commercial Law. The
establishment, administration, reorganisation, and liquidation of
a local government association and foundation shall be governed
by the Associations and Foundations Law.
[8 June 1995; 5 February 1997; 13 November 1997; 5 February
1998; 14 October 1998; 9 December 1999; 21 December 2000; 17
February 2005; 17 July 2008; 16 June 2009; 1 December 2009; 17
June 2010; 8 October 2015; 16 June 2021]
Chapter
IV
Organisation of the Work of Councils
[13 November 1997; 21 December
2000; 17 February 2005; 17 July 2008]
Section 22. The work of councils shall be conducted at
meetings and in standing committees.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008]
Section 23. The organisation of the work of councils
shall be determined by by-laws of the relevant local government
that are prepared in accordance with this Law.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008]
Section 24. The by-law of a local government is a
binding regulation which determines the administrative
organisation of the local government, the procedures for the
taking of decisions, the rights and obligations of residents in
the territorial administration, and also other organisational
issues of the activities of the local government.
By-laws of local governments shall determine:
1) the territorial division of the local government;
2) the administrative structure of the local government;
3) the council committees, their numerical composition,
competence and organisation of activities;
4) the organisational and technical servicing of the council
and the committees thereof;
5) the procedures for the preparation of draft local
government decisions and the entering into of contract
procedure;
6) the procedures by which private individuals may become
acquainted with the decisions taken by local governments,
contracts entered into and the minutes of council meetings;
7) the procedures for the dispute of administrative acts
issued by the local government administration;
8) the procedures by which local government authorities
receive visitors and examine submissions;
9) the procedures by which an official of the local government
acts with the property and financial resources of the local
government;
10) the procedures by which, in the case of a change of the
council chairperson, records and documents shall be organised for
transfer to the new council chairperson;
11) the procedures for organising public discussion;
12) other issues which relate to the activities of the council
or administration and in accordance with this Law shall be
determined in the local government by-law.
The by-law of a local government shall come into force on the
day after it is signed if there is not specified another time of
coming into force therein. After adoption of the local government
by-law it shall be freely accessible in the local government
council building and rural territory or town administrations, and
also shall be published on the website of the local government.
The local government by-law, within three days after its signing,
shall be sent in writing and electronically to the Ministry of
Environmental Protection and Regional Development for
information.
[17 February 2005; 17 July 2008; 17 June 2010; 16 December
2010]
Section 25. The work of a council shall be managed by
its chairperson. The vice-chairperson of the council shall act
for the council chairperson during his or her absence, and also
perform duties assigned by the council chairperson or which are
specified in relevant local government by-laws.
If the council chairperson has been discharged from office or
has resigned from performing the duties of office, the
vice-chairperson of the council shall perform the duties of the
council chairperson until the election of a new council
chairperson.
The implementation of council decisions shall be ensured by
officials elected or appointed by the council, and by local
government institutions and the employees thereof, and also
capital companies. Organisational and technical services for the
council shall be provided by local government administration
employees.
In case of a change of a council, the employment relations of
local government administration employees shall not be
discontinued.
[8 June 1995; 13 November 1997; 21 December 2000; 17
February 2005; 17 July 2008]
Section 26. Council decisions shall be taken at
meetings.
Council meetings shall be open, except for the cases when the
issue needs to be examined in a closed council meeting or in part
thereof to protect the official secret, secrecy of adoption,
trade secret, private life of persons, interests of children or
other information the disclosure of which is prohibited in
accordance with the law.
Council decisions and the minutes of council meetings shall be
publicly accessible. Council decisions shall be published on the
website of the local government not later than on the third
working day following the signing thereof. The accessibility to
council decisions and the minutes of council meetings shall be
ensured taking into account the restrictions for the
accessibility to the information determined in the laws and
regulations.
[17 February 2005; 17 July 2008; 17 June 2010; 8 October
2020]
Section 27. The chairperson shall convene regular
council meetings not less than once a month, specifying the time
and location of meetings and announcing the agenda.
Councillors of a council shall be notified of the time,
location and agenda of regular meetings in accordance with the
procedures specified in the local government by-laws.
Notification regarding the time, location and agenda of
regular meetings of a council shall be posted in a visible
location in or at the council building and published on the
website of the local government not later than three days prior
to a regular meeting.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008; 17 June 2010]
Section 28. Extraordinary council meetings shall be
convened by the chairperson upon his or her own initiative. The
council chairperson has the duty to convene an extraordinary
meeting if such is requested by:
1) at least one third of the councillors;
2) [21 December 2000];
3) Minister for Environmental Protection and Regional
Development;
4) the Cabinet.
The submission regarding the convening of an extraordinary
meeting shall indicate the agenda of the meeting, and it shall
have appended the draft decision of the council.
In convening an extraordinary council meeting, the chairperson
shall determine the time and location of the meeting and shall
announce the agenda.
Extraordinary council meetings shall be convened not later
than within three days from the day of receipt of a request,
except for the cases provided for in Sections 49 and 65 of this
Law.
If the convening of an extraordinary meeting has been
requested by the Cabinet or the Minister for Environmental
Protection and Regional Development, the meeting agenda indicated
in the submission for the extraordinary meeting shall not be
amended. If the chairperson of the local government council has
not convened an extraordinary meeting after the request of the
Cabinet or the Minister for Environmental Protection and Regional
Development, the Cabinet or the Minister for Environmental
Protection and Regional Development may again request the
convening of an extraordinary meeting, determining the agenda,
location and time of such meeting.
[8 June 1995; 30 October 1997; 13 November 1997; 9 December
1999; 21 December 2000; 17 February 2005; 17 July 2008; 16
December 2010]
Section 28.1 If a council chairperson or the
vice-chairperson are hindered in fulfilling their duties and it
is necessary to ensure the continuity of the work of the local
government, at least one third of the councillors of the council
may propose the convening of an extraordinary meeting. Such
extraordinary meeting shall be convened by the councillor who
first signed the submission regarding the convening of an
extraordinary meeting, and he or she shall also chair the
meeting. The provisions of Section 28, Paragraphs two, three, and
four of this Law shall also apply to the submission regarding the
convening of an extraordinary meeting and the procedures for the
convening of the extraordinary meeting.
The chairperson of the meeting has an obligation to inform the
Minister for Environmental Protection and Regional Development of
the place and time of the meeting.
The extraordinary meeting shall be held in accordance with the
procedures laid down in this Law. The decisions taken at this
meeting shall be signed by the chairperson of the meeting.
[21 December 2000; 17 February 2005; 17 July 2008; 16
December 2010]
Section 29. Council meetings shall be chaired by the
chairperson or the vice-chairperson of the council.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008]
Section 30. Draft decisions of a council, opinions on
them and information materials shall be available to all
councillors of the council not later than three working days
prior to regular meetings and not later than three hours prior to
extraordinary meetings.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008; 17 June 2010]
Section 31. Councils may discuss only such matters as
are included in the announced agenda of the meeting. Exceptions
may be made only if not less than two thirds of the council
councillors present consent to them.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008]
Section 32. The issues to be discussed shall be
examined by the council in the sequence indicated in the
announced agenda. Such sequence may be altered by a council
decision.
The agenda of an extraordinary meeting may not be amended by
the council.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008]
Section 33. Council meetings shall examine draft
decisions submitted by:
1) the council chairperson;
2) committees of a council;
3) councillors of a council;
4) the initiator of an extraordinary meeting;
5) the manager of the administration referred to in Section
69.1, Paragraph one of this Law.
Draft decisions shall be submitted to the council
chairperson.
The submission of draft decisions shall be regulated by local
government by-laws which shall provide for the procedures in
accordance with which draft decisions shall be examined by
standing committees of a council and harmonised with local
government institutions or their employees.
The council chairperson upon receiving a draft decision, shall
determine in which committee it shall be examined.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008]
Section 34. Council meetings may take place if more
than half of the councillors of the council participate. The
council chairperson may determine that video conferencing (a
real-time image and sound transmission) is used during the
council meeting if such possibility is provided for in the local
government by-laws and if:
1) a councillor of a council is located elsewhere during the
meeting and is unable to arrive at the location of the council
meeting due to a health condition or official travel;
2) an emergency situation has been declared in the relevant
territory or gathering restrictions have been imposed by the
State.
A councillor of a council shall be considered present at the
council meeting and is entitled to participate in the voting
without being present at the location of the meeting if he or she
has registered for participation in the council meeting in
accordance with the procedures laid down in the local government
by-laws, a technical possibility to participate in the meeting
via video conferencing and electronic voting online has been
ensured to him or her. A councillor of a council may not
participate in the voting provided for in Section 40, Paragraph
four of this Law without being present at the location of the
meeting.
A decision shall be considered taken if more than half of the
council councillors present vote for it, and if the law does not
provide otherwise.
If the necessary number of votes in favour of a draft decision
is not received, the draft decision shall be considered rejected.
In such case the draft decision may be submitted to the council
for re-examination, in conformity with the provisions of Section
33 of this Law.
[8 October 2015; 8 October 2020]
Section 35. If the number of councillors of a council
referred to in Section 34 of this Law are absent from a regular
meeting of the council, the council chairperson shall, not
earlier than after seven days and not later than after fourteen
days, convene a repeat meeting to examine the issues planned for
this meeting and, if necessary, add to the agenda of the
meeting.
If the number of councillors of a council referred to in
Section 34 of this Law are absent from the council repeat
meeting, the council chairperson shall inform the Minister for
Environmental Protection and Regional Development thereof within
three days after the day on which the repeat meeting was to be
held and also shall announce the date of the next council
meeting.
[8 June 1995; 13 November 1997; 21 December 2000; 17
February 2005; 17 July 2008; 16 December 2010]
Section 36. If more than half of all the councillors of
a council are absent from an extraordinary council meeting, the
council chairperson shall, for examination of the issues that
were to be addressed at such meeting, convene a repeat
extraordinary meeting not later than the next day without
changing the agenda for the meeting.
If the number of councillors of a council referred to in
Section 34 of this Law are absent from the repeat extraordinary
council meeting, the council chairperson shall inform the
Minister for Environmental Protection and Regional Development
thereof within the time period specified in Section 35, Paragraph
two of this Law.
[8 June 1995; 30 October 1997; 13 November 1997; 21
December 2000; 17 February 2005; 17 July 2008; 16 December
2010]
Section 37. The progress of the council meeting shall
be recorded in minutes. Council meetings shall be recorded in
audio format which shall be posted on the website of the local
government council not later than within three working days after
the regular council meeting.
The minutes shall include:
1) where, the year, month, day and hour the meeting was
convened, noting specifically if it was an extraordinary
meeting;
2) when the meeting was opened and closed;
3) the agenda of the meeting;
4) the given name and surname of the chairperson of the
meeting and of the local government administration employee -
minute taker of the meeting;
5) the given names and surnames of the councillors present and
absent;
6) the reasons for the non-attendance of the councillors
absent;
7) the given names and surnames of persons who were allowed to
address the meeting;
8) the proposals and requests submitted, and also the orders
of the chairperson of the meeting;
9) the decisions taken, indicating with how many votes a
decision was taken;
10) which councillors voted for, which against the relevant
decision and which abstained from voting;
11) the given names and surnames of those councillors who, in
compliance with the restrictions regarding the taking of
decisions as provided for in the law On Prevention of Conflict of
Interest in Activities of Public Officials, did not participate
in the taking of relevant decision;
12) [31 January 2013].
If any of the council councillors does not agree to the record
in the minutes, he or she has the right to request in the next
regular council meeting that the record be adjusted.
Minutes shall be signed by the chairperson of the meeting and
the local government administration employee - minute taker of
the meeting. Minutes shall be signed not later than on the fifth
working day after the meeting indicating the date of signing.
Decisions taken by the council shall be signed by the
chairperson of the meeting.
If an administrative act is adopted during the council
meeting, the decision and the voting thereof shall be indicated
in the minutes and the administrative act shall be appended to
the minutes which shall be prepared in conformity with the
provisions of the Administrative Procedure Law.
[17 February 2005; 17 July 2008; 17 June 2010; 31 January
2013; 8 October 2020]
Section 38. The procedures for carrying out commercial
activity, acquiring income, combination of offices and
restrictions thereof of the chairperson of a local government
council, his or her vice-chairperson, councillor, executive
director and his or her deputy, and also the head of a rural
territory or town administration and his or her deputy,
performance of duties as well as other restrictions and duties
related thereto are laid down in the law On Prevention of
Conflict of Interest in Activities of Public Officials.
In addition to the restrictions related to the combination of
offices laid down in the law On Prevention of Conflict of
Interest in Activities of Public Officials, a councillor of the
local government council may not:
1) hold the position of the executive director and deputy
executive director, the head of a rural territory or town
administration and his or her deputy;
2) hold a position in the administration of the relevant local
government with the following duties:
a) preparation of draft decisions of the council;
b) verification of lawfulness and expediency of the decisions
taken by the council;
c) control and supervision of the execution of decisions taken
by the council;
d) provision of advice and consultations to local government
officials;
3) directly or indirectly provide services to the local
government in matters referred to in Clause 2 of this
Paragraph;
4) hold the position of the head of the relevant local
government institution or his or her deputy, except for the
institution carrying out the autonomous functions of a local
government specified in Section 15, Paragraph one, Clauses 4, 5,
and 6 of this Law;
5) hold the position of the member of the board in a capital
company of the relevant local government, in a capital company
where local government share in equity capital individually or
together with other local governments exceeds 50 per cent, and in
a capital company where share in equity capital of one or several
local government capital companies individually or together
exceeds 50 per cent, except for a capital company which carries
out an administration task arising from the autonomous function
of a local government specified in Section 15, Paragraph one,
Clause 6 of this Law.
In addition to the duties of the head of the authority laid
down in the law On Prevention of Conflict of Interest in
Activities of Public Officials, the chairperson of a local
government council shall ensure compliance with the provisions of
Paragraph two of this Section.
[31 January 2013 / The new wording of Section shall
come into force on 1 July 2013. See Paragraph 33 of
Transitional Provisions]
Section 39.
[23 May 1996]
Section 40. Voting at council meetings shall be open
and viva voce.
[31 January 2013]
[31 January 2013]
Voting for candidates proposed to the office of a chairperson
of the local government council, vice-chairperson, executive
director, deputy executive director, head of a rural territory or
town administration or deputy head of a rural territory or town
administration shall be carried out by ballot papers concurrently
for the candidates proposed for each office.
[17 February 2005; 17 July 2008; 31 January 2013]
Section 41. A local government council shall adopt:
1) external legal acts (binding regulations);
2) internal legal acts (regulations, by-laws,
instructions);
3) individual acts (administrative acts and other
administrative decisions);
4) other decisions.
Decisions of local governments shall comply with the
Constitution, this Law and other laws, and also with Cabinet
regulations.
[17 February 2005; 17 July 2008]
Section 42. Council decisions the implementation of
which involves expenditures shall be ensured with local
government material and financial resources.
Losses resulting from an unlawful decision of a council shall
be compensated from the local government budget.
Council chairperson shall be responsible as a member of
collegial authority for the efficiency and the lawfulness of the
decisions of the council.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008 / Paragraph three shall come into force on 1
September 2008. See the norm governing the time of coming
into force of the Law of 17 July 2008]
Section 43. Councils are entitled to issue binding
regulations that provide administrative liability for violating
them, if such is not provided for in law, with respect to the
following issues:
1) regarding building in the territory of a local
government;
2) regarding the protection and maintenance of public-use
forests and waters, and also of especially protected natural and
cultural objects of the local government;
3) regarding trading in public places, and also restrictions
on the time and place of retailing alcoholic beverages;
4) regarding public order;
5) regarding the maintenance of buildings and their territory
and structures;
6) regarding maintaining sanitary cleanliness and the
maintenance of territories for public use adjoining properties
(footpaths, except for public transport stops, ditches, culverts
or grassed territory to the edge of the road);
7) regarding the placing of advertising materials, sign
boards, advertisements and other informational material in public
places;
8) regarding the use of public transport;
9) regarding improvements of the territories of the local
government, maintenance and protection of plantings;
10) regarding the keeping of domestic animals;
11) regarding the protection of engineering and communication
systems and transport infrastructure of the local government;
12) regarding the conversion of residential buildings (flats)
into non-residential buildings (non-residential premises), in
conformity with the local government territorial development
plan;
13) other matters provided for in the law and Cabinet
regulations.
Municipality councils are entitled to issue binding
regulations also regarding the suppression of weeds, and the use
and storage of chemicals and artificial fertilisers, and to
provide for administrative liability for violation of such.
Councils may adopt binding regulations also in order to ensure
the implementation of local government autonomous functions and
voluntary initiatives.
In performing delegated State administration functions and
administration tasks, a council may adopt binding regulations
only if it is provided for in the law or Cabinet regulations.
[8 June 1995; 5 February 1998; 9 December 1999; 15 June
2000; 21 December 2000; 5 June 2003; 17 February 2005; 17 July
2008; 17 June 2010; 16 June 2021]
Section 43.1 In drawing up draft binding
regulations, an explanatory memorandum shall be appended thereto
in which a short outline of draft content, justification for the
necessity of the draft, the information on the planned effect of
the draft on the local government budget, entrepreneurship
environment in the local government territory, administrative
procedures and consultations with private individuals are
provided.
In drawing up draft binding regulations regarding local
government fees, the information on the planned effect of the
draft on the local government budget shall not be included in an
explanatory memorandum.
An explanatory memorandum shall not be appended to draft
binding regulations regarding approval of the local government
budget, and also to draft binding regulations by which
territorial planning of a local government is approved.
Draft binding regulations and an explanatory memorandum
appended thereto shall, in accordance with the procedures
determined in the by-laws of the local government but not later
than within the time periods determined in Section 30 of this
Law, except for the case provided for in Section 31 of this Law,
be published on the website of the local government, and also the
availability thereof shall be ensured in the local government
council building and rural territory or town administrations.
[17 June 2010]
Section 44. The local government council of a State
city is entitled to issue binding regulations and to provide for
administrative liability for violating them, if such is not
provided for in laws, with respect to the following issues:
1) measures to be carried out in order to avert the spread of
an epidemic or epizootic;
2) public order in case of natural disasters or other
emergencies, and measures to rectify the consequences of
such;
3) the protection of natural objects requiring special
protection, and the protection of cultural monuments;
4) other matters provided for in the law and Cabinet
regulations.
[8 June 1995; 13 November 1997; 5 February 1998; 16 June
2021]
Section 45. Binding regulations in force are binding on
any natural person and legal person in the relevant
administrative territory.
The council shall send the binding regulations and explanatory
memorandum thereof in writing and in electronic form within three
working days after signing thereof for the provision of an
opinion to the Ministry of Environmental Protection and Regional
Development, which shall evaluate the lawfulness of the adopted
binding regulations not later than within one month from the
receipt of the binding regulations and shall send a corresponding
opinion to the local government.
If objections against the lawfulness of the adopted binding
regulations have not been expressed in the opinion of the
Ministry of Environmental Protection and Regional Development or
the opinion has not been sent to the local government within the
specified time period, the local government shall publish the
adopted binding regulations.
If an opinion of the Ministry of Environmental Protection and
Regional Development, in which unlawfulness of binding
regulations or any part thereof is substantiated, has been
received, the local government council shall update the binding
regulations in conformity with what has been indicated in the
opinion and shall publish the updated binding regulations. If the
local government council does not entirely agree with the opinion
or any part thereof, the council shall provide an appropriate
substantiation, as well as shall publish the binding regulations.
Within three working days after signing of the binding
regulations, they shall be sent in writing and electronic format
to the Ministry of Environmental Protection and Regional
Development.
The binding regulations of the local government council of a
State city and also of a municipal council and the explanatory
memorandum thereof shall be published in the official gazette
Latvijas Vēstnesis.
The binding regulations shall come into force on the following
day after the publication thereof in accordance with the
procedures laid down in Paragraph five of this Section unless
another time period for coming into force has been specified
therein.
The local government binding regulations shall be published on
the website of the local government following the coming into
force thereof. The municipality councils shall ensure the
availability of the binding regulations also in the municipality
council building and rural territory or town administrations.
[31 January 2013]
[17 July 2008; 17 June 2010; 16 December 2010; 31 January
2013; 8 October 2015; 16 June 2021 / Amendments to
Paragraph five regarding the supplementation of the first
sentence with the words "and also of a municipal" and regarding
the deletion of the second, third, fourth, and fifth sentence
shall come into force on 1 January 2022. See Paragraph 36
of Transitional Provisions]
Section 45.1 The provisions of Section 45,
Paragraphs two, three, four, five, six, seven, and eight of this
Law are not applicable to local government binding regulations in
relation to spatial planning issue, which shall come into effect
in accordance with the provisions of the Spatial Planning
Law.
[17 February 2005; 17 July 2008 / Amendments in
relation to the supplementation of this Section with the words
"six, seven, and eight" shall come into force on 1 September
2008. See the norm governing the time of coming into force
of the Law of 17 July 2008]
Section 46. A local government shall independently
develop and implement the local government budget. Binding
regulations regarding the approval of local government budgets
and amendments to the budget shall come into force on the
following day after signing of such if another time of coming
into force is not specified therein, and they shall be freely
accessible in the local government council building and rural
territory or town administrations, and they shall be published on
the website of the local government.
Binding regulations regarding the approval of local government
budgets and amendments to the budget shall be sent for
information in writing and electronically to the Ministry of
Environmental Protection and Regional Development within three
days.
The provisions of Section 45, Paragraphs two, three, four,
five, six, seven, and eight of this Law shall not apply to
binding regulations regarding the approval of local government
budgets and amendments to the budget.
[17 February 2005; 17 July 2008; 17 June 2010; 16 December
2010]
Section 47. Local government administrative acts may be
adopted by the council if the law does not provide for other
procedures.
Administrative acts issued by councils may be appealed in the
administrative court.
Administrative acts issued by the local government
administration may be disputed within the framework of the local
government.
In the cases specified in law, administrative acts shall be
disputed in that institution of direct administration to which
the local government is subordinate in implementing the delegated
State administration function or administration task.
[17 February 2005; 17 July 2008]
Section 48. Council decisions shall be signed by the
chairperson within five working days from the day of their
adoption.
If the council chairperson refuses to sign decisions within
this time period, the chairperson has the obligation to convene
an extraordinary council meeting at which the relevant decision
shall be reviewed.
Only the council chairperson is entitled to refuse to sign
council decisions and to convene an extraordinary council meeting
regarding review of the issue. The council chairperson may not
exercise such rights with respect to a council decision by means
of which an order of the council chairperson is revoked, or also
by means of which the council chairperson is removed from office
in accordance with the procedures laid down in Section 65 of this
Law.
Council chairperson shall not be held liable for the use of
the rights specified in Paragraph three of this Section.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008; 17 June 2010]
Section 49. The operation of an unlawful binding
regulation or other laws and regulations or specific paragraphs
of such issued by a council, except for the operation of
decisions taken in accordance with the procedures of Section 47
of this Law, may be suspended by a substantiated order of the
Minister for Environmental Protection and Regional Development.
The order shall indicate the paragraphs of the specific binding
regulations or other law or regulation that are to be revoked as
unlawful, or shall indicate that the binding regulations or other
law or regulation are to be revoked in their entirety. The order
shall be published in the official gazette Latvijas
Vēstnesis within three days from its issue and shall be sent
to the chairperson of the relevant council who shall be
responsible for its implementation.
The council chairperson shall convene, within two weeks after
receipt of an order from the Minister for Environmental
Protection and Regional Development, an extraordinary council
meeting for the examination of the issue regarding revocation of
the relevant binding regulations or other law or regulation or
specific paragraphs of such. The Minister for Environmental
Protection and Regional Development shall be timely notified of
the time and place of the extraordinary council meeting.
If the council fails to take a decision to revoke the relevant
binding regulations or other law or regulation or specific
paragraphs thereof, it shall submit an application to the
Constitutional Court regarding the revocation of the order of the
Minister within three months. In such case the order of the
Minister for Environmental Protection and Regional Development
regarding the suspension of the operation of the council binding
regulations or other law or regulation or specific paragraphs
thereof shall remain in force until the proclamation of the
judgment of the Constitutional Court.
The council has no right to submit an application to the
Constitutional Court regarding the revocation of the order of the
Minister for Environmental Protection and Regional Development,
if, within two months following the day of receipt of the opinion
of the Ministry of Environmental Protection and Regional
Development, it has not fulfilled the obligation to take a
decision specified in Section 45, Paragraph four of this Law in
which a substantiation is provided why the council does not agree
with that specified in the opinion of the Ministry of
Environmental Protection and Regional Development.
If the council or its chairperson fails to implement the
provisions of Paragraph two or three of this Section, the
unlawful binding regulations or another law or regulation or
specific paragraph thereof shall be considered to be repealed.
The Minister for Environmental Protection and Regional
Development shall issue a notice regarding such in the official
gazette Latvijas Vēstnesis.
[30 October 1997; 21 December 2000; 17 February 2005; 17
July 2008; 17 June 2010; 16 December 2010; 31 January
2013]
Chapter V
Standing Committees
Section 50. Councils shall elect, from among the
councillors of the council, standing committees that shall:
1) prepare issues for examination at council meetings;
2) provide opinions on questions within the competence of the
committee;
3) monitor the work of the local government institutions in
accordance with the procedures laid down by the local government
by-laws;
4) examine draft budgets of local government institutions, and
submit them to the finance committee;
5) approve and monitor expenditure estimates of local
government institutions;
6) perform other duties in conformity with the local
government by-laws.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008]
Section 51. The local government shall form a finance
committee and a social, education and culture issues committee.
Municipality local government may establish a territorial
committee.
[17 February 2005; 17 July 2008]
Section 52. If not less than one quarter of the
residents registered in the relevant local government
administrative territory are foreigners or stateless persons, the
local government council may establish a foreigner and stateless
person affairs committee.
Other standing committees shall be established by local
government councils in accordance with the local government
by-laws.
[13 November 1997; 21 December 2000; 17 July 2008]
Section 53. On the proposal of the foreigner and
stateless person affairs committee, the local government council
shall determine the issues for the examination of which
foreigners and stateless persons are invited to committee
meetings.
[13 November 1997; 21 December 2000; 17 July 2008]
Section 54. The number of representatives in the list
of candidates for a member of a local government council in the
committee shall be determined, to the extent possible, in
proportion to the number of members elected from the list of
candidates for a member of a local government council.
The number of committee members shall not be less than
three.
[8 June 1995; 13 November 1997; 21 December 2000; 17
February 2005; 17 July 2008; 8 October 2020; 16 June
2021]
Section 55. Each councillor shall be a member of at
least one council committee.
[8 October 2020]
If during his or her term of office a councillor is relieved
from working in a committee, members of the relevant list of
candidates for a member of a local government council may
nominate a new committee member.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008; 8 October 2020; 16 June 2021]
Section 56. Committee meetings shall be open, except
for the cases when the issue needs to be examined in a closed
committee meeting or in part thereof to protect the information
referred to in Section 26, Paragraph two of this Law.
A committee meeting may take place if more than half of the
members of the committee participate. The committee chairperson
may determine that video conferencing (a real-time image and
sound transmission) is used during the committee meeting if such
possibility is provided for in local government by-laws and
if:
1) a committee member is located elsewhere during the meeting
and is unable to arrive at the location of the committee meeting
due to a health condition or official travel;
2) an emergency situation has been declared in the relevant
territory or gathering restrictions have been imposed by the
State.
A committee member shall be considered present at the
committee meeting and is entitled to participate in the voting
without being present at the location of the meeting if he or she
has registered for participation in the committee meeting in
accordance with the procedures laid down in local government
by-laws, a technical possibility to participate in the meeting
via video conferencing and electronic voting online has been
ensured to him or her.
Decisions shall be taken by a majority vote of the committee
members present. In the event of a tied vote, the vote of the
committee chairperson shall be decisive.
All councillors of the relevant council shall be notified of
the time, place, and agenda of committee meetings in accordance
with the procedures laid down in the local government
by-laws.
Minutes shall be taken of committee meetings. The minutes
shall be signed by the committee chairperson and all committee
members present.
Organisational and technical services for committees shall be
provided by local government administration employees.
[8 October 2015; 8 October 2020]
Section 57. Extraordinary committee meetings shall be
convened at the request of the chairperson of the committee or of
the council or of one third of the committee members.
Extraordinary meetings shall be convened within 24 hours after
receipt of a request.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008]
Section 58. The chairperson of a committee, except for
the chairperson of the finance committee, shall be elected from
among the committee members, and also relieved from the
performance of duties, by the relevant committee. The chairperson
of a committee and his or her vice-chairperson shall not be the
head of an institution or capital company of the local government
or a division thereof the work of which, in accordance with the
local government by-laws, is supervised by the relevant
committee.
The chairperson of a committee shall prepare, convene, and
chair committee meetings and shall ensure that decisions of the
committee are recorded in the minutes, and also monitor the
implementation of the decisions of the committee.
Members of a committee have the right to submit to the
committee chairperson issues to be examined at committee
meetings, and the duty of the chairperson is to inform committee
members thereof.
[17 February 2005; 31 January 2013 / Amendments to
the second sentence of Paragraph one shall come into force on 1
July 2013. See Paragraph 33 of Transitional
Provisions]
Section 59.
[31 January 2013]
Section 60. A finance committee shall be chaired by the
council chairperson.
Finance committees shall:
1) provide opinions on draft budgets;
2) provide opinions on amendments to the budget, and also on
priorities in the division of resources if the revenue part of
the budget is not realised;
3) provide opinions on projects that involve the expenditure
of budget resources, and also on draft decisions of the council,
if the execution of such decisions involves unforeseen budget
expenditures or amendments to the revenue part of the budget;
4) provide proposals regarding the management of local
government property;
5) provide proposals and opinions on alienation of local
government immovable property;
6) [13 November 1997];
7) perform other duties specified in Section 50 of this Law
and in local government by-laws.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008]
Section 60.1 A municipality local government
council may establish a territorial committee for the
co-ordination of activities of the rural territory or town
administration.
The territorial committee shall prepare draft decisions for
the review at the council meeting regarding:
1) issues related to the administration of separate
territorial units of the municipality;
2) operational issues of rural territory or town
administrations, including financial and personnel policy as well
as material and technical issues;
3) the improvement of the local government service quality
provided in the territorial units of the municipality;
4) the establishment of new local government structural units
or workplaces in rural territory or town administrations;
5) the development of an annual operational plan of rural
territory or town administrations;
6) other issues related to the activities of administrations
of rural territories or cities.
[17 July 2008]
Section 61. For the performance of specific functions
of a local government or for the administration of the
administrative territory of a local government, a council may
form boards, commissions or working groups from among the
councillors of the council and residents of the relevant local
government. In order to promote a sustainable and balanced
development of the entire territory of the local government, the
municipality local government council may establish a board of
administration of the municipality which is managed by the
chairperson of the municipality council and includes
vice-chairpersons of the municipality council and chairpersons of
all permanent council committees. The board of administration
shall, in conformity with the by-laws of the local government,
co-ordinate the opinions of the committees and shall prepare
proposals for the taking of the decisions of the municipality
council.
The need to form such boards, commissions, and working groups
shall be determined by specific laws or council decisions, and
the specialists may be invited to work in such for whom
remuneration for work shall be paid from local government
revenue.
Boards, commissions, and working groups shall act in
accordance with the by-laws approved by the council.
A local government council shall approve the administrative
commission of a local government in the composition of at least
five persons to conduct administrative offence proceedings and
also to perform the tasks specified in the Law on Application of
Compulsory Measures of a Correctional Nature to Children. A local
government council may set up sub-commissions of the
administrative commission of a local government. The
administrative commission and the sub-commission of a local
government shall have a quorum if not less than half of its
composition is present. The decision of the administrative
commission of a local government may be appealed to a district
(city) court.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008; 5 December 2019 / Paragraph four shall come
into force on 1 July 2020. See Paragraph 35 of
Transitional Provisions]
Section 61.1 For the purposes of
consultation, on the basis of an initiative of an inhabitant of
the local government, the council or the chairperson thereof, and
based upon a council decision, there may be organised public
discussions regarding local government autonomous competence
issues.
Public discussions must be organised for:
1) amendments to the administrative territorial boundaries of
the local government;
2) the local government development programme and spatial
planning.
Public discussions shall not be organised for the local
government budget, local government paid services, rates of taxes
and fees, and also for the appointment local government officials
to positions and the removal therefrom.
[17 February 2005; 17 July 2008]
Section 61.2 The length of public
discussions shall not be less than three weeks.
Local government residents and representatives of the mass
media during the course of the public discussion shall be
guaranteed access to not only the document under discussion, but
also all the local government decisions associated with such
document.
Everyone has the right to express his or her views orally and
in writing in respect of the issue under public discussion.
The local government has a duty to compile the views expressed
and to publish on the website of the local government council and
in the local newspaper or free publication an informative notice
(summary) regarding the results of the discussion.
The local government has a duty to publish on the website of
the local government council and in the local newspaper or free
publication the decision taken by the council in which the
results of the public discussion have been utilised.
[17 February 2005; 17 July 2008; 17 June 2010]
Section 61.3 Local governments are entitled
to organise a local government referendum in accordance with the
procedures laid down in the law.
[17 July 2008 / Section shall come into force
concurrently with the law on local government referendums.
See Paragraph 23 of Transitional Provisions]
Chapter
VI
Council Chairperson
[13 November 1997; 21 December
2000; 17 February 2005; 17 July 2008]
Section 62. The mandate of the chairperson and
vice-chairperson of a council shall be in effect from the moment
of election. The council chairperson shall:
1) manage the work of the council, coordinate the examination
of issues in committees;
2) represent the local government in relations with the State
and other local governments;
3) represent the council in court without special
authorisation;
4) in the name of the council issue powers of attorney, sign
contracts and other legal documents;
5) manage the work of the finance committee;
6) issue binding instructions to local government
administration employees;
7) propose the examination of issues in the council and
committees;
8) prepare submissions from officials of State institutions
for examination at council meetings;
9) be responsible for the execution of court judgments in
which one of the parties is the council;
10) may propose the dismissal from the position held by the
local heads of State administration institutions or officials
from such institutions within the relevant administrative
territory;
11) perform other duties provided for in laws, Cabinet
decisions, by-laws of the relevant local government, and
council decisions.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008]
Section 63. The office of a council chairperson shall
be remunerated.
A council may take decisions on the determination of other
remunerated positions of the council.
The monthly salary and amount of supplement for the council
chairperson shall be determined by the council.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008; 17 June 2010]
Section 64.
[16 June 1998]
Section 65. The chairperson of a local government
council may be removed from office, if it is requested by at
least one third of the councillors of the council.
If the council chairperson fails to fulfil the duties
specified in law or in by-laws of the relevant local government,
to execute council decisions and court decisions, fails to
observe the law or Cabinet regulations, the Minister for
Environmental Protection and Regional Development has the right
to request removal of the council chairperson from office.
The chairperson shall be considered removed from office if
more than half of the total number of elected councillors of the
council voted for removal.
In cases when a proposal has been received regarding the
removal from office of the council chairperson, the chairperson
shall convene an extraordinary council meeting not later than
within two weeks from the day the proposal was received, unless a
regular council meeting is to take place within this time period.
If the council chairperson has not convened a meeting within the
specified time, the vice-chairperson shall do so.
Examination of the issue at the meeting shall be chaired by
the vice-chairperson of the council.
[8 June 1995; 30 October 1997; 13 November 1997; 21
December 2000; 17 February 2005; 17 July 2008; 16 December 2010;
31 January 2013]
Section 66. The chairperson or vice-chairperson of a
council may resign from office by notifying the council in
writing. In such case the chairperson or vice-chairperson of the
council shall continue to fulfil his or her duties until the next
council meeting at which time his or her term of office shall
terminate regardless of whether a new council chairperson or
vice-chairperson is elected at the meeting.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008]
Section 67.
[31 January 2013 / See Paragraph 33 of Transitional
Provisions]
Chapter
VII
Local Government Administration
[17 February 2005]
Section 68. Upon the proposal of the council
chairperson, the council shall appoint an executive director who,
in accordance with the procedures laid down in the local
government by-laws, shall be responsible for the work of the
local government institutions and the local government capital
companies.
The executive director shall ensure continuity in the work of
the local government institutions and the local government
capital companies in the case of a change of council.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008; 31 January 2013 / Amendments to Paragraph one
regarding deletion of the second sentence shall come into force
on 1 July 2013. See Paragraph 33 of Transitional
Provisions]
Section 69. The local government executive director
shall:
1) organise the implementation of binding regulations and
other laws and regulations issued by the council;
2) issue orders to the heads of local government
institutions;
3) prepare proposals to the council regarding the revocation
of unlawful or ineffective decisions of the relevant local
government institutions;
4) propose to the council the appointment to office or removal
from office of the heads of local government institutions, and,
in accordance with the procedures specified in the by-laws of the
council, hire and dismiss local government administration
employees;
5) submit proposals to the council regarding the formation,
reorganisation, and liquidation of the local government
institutions and the local government capital companies;
6) in accordance with the procedures and within the scope
stipulated by the council, act with local government property and
financial resources, and conclude economic transactions with
legal persons and natural persons;
7) organise the formulation of the draft territorial
development plan, the territorial planning draft and the draft
budget, and also the preparation of the economic and annual
public reports;
8) perform other duties provided for in the by-laws of the
relevant local government and the council decisions.
[31 January 2013 / See Paragraph 33 of Transitional
Provisions]
[8 June 1995; 13 November 1997; 21 December 2000; 17
February 2005; 17 July 2008; 31 January 2013]
Section 69.1 In order to ensure the
accessibility of the services provided by a local government in
municipality rural territories and municipal towns, the local
government council shall establish a rural territory or town
administration.
A rural territory administration need not be established if
the administrative territory of the municipality includes only
one rural territory or there are less than 500 permanent
inhabitants in the rural territory, in such case establishing a
joint administration with the neighbouring territorial unit.
A rural territory or town administration need not be
established in such territorial unit of the municipality in which
the administrative centre of the municipality is located, if the
accessibility of the services provided by the local government
therein is ensured by other administrative entities of the local
government which are located in the administrative centre of the
municipality.
The rural territory or town administration shall ensure at
least the following services:
1) issue statements according to the competence of the local
government and provide information on the issues within the
competence of the local government;
2) accept payments for the taxes and fees specified by the
State the collection of which has been assigned to the local
government and also the payments for fees specified by the
council and payments for the services provided by the local
government;
3) disburse social benefits of the local government;
4) accept submissions of the natural persons residing in the
relevant territory and of the legal persons registered therein
and organise the provision of replies to the relevant
persons;
5) ensure that information on the decisions taken by the
council is available.
The local government council may establish the administration
of the association of units of the territorial division (rural
territory or rural territory and town), if the territorial
division of the municipality specified in the by-laws of the
local government includes an association of units of the
territorial divisions, ensuring the services referred to in
Paragraph four of this Section in each unit of the territorial
division forming the association. The conditions included in this
Law for the rural territory or town administration, its head and
his or her deputy shall be applicable to the administration of
the association of units of the territorial division, its head
and his or her deputy.
[16 June 2021]
Section 69.2 Rural territory or town
administration shall be managed by the manager of the rural
territory or town administration (hereinafter - the
administration manager). Subordination of the administration
manager shall be determined by the by-laws of the local
government.
The administration manager:
1) shall be responsible for the organisation of work of local
government authorities that are included in the administration
and for the approval of the by-laws of local government
structural units in the municipality local government council,
and also if it has been provided for in the by-laws of the local
government, shall appoint to and remove from the office the
employees of administration;
2) shall be responsible for the accessibility and quality of
the local government services and information to be submitted in
the administration;
3) shall submit the annual request of financial resources
necessary for the functioning of the administration to the
executive director for further development;
4) within the framework of the competence specified, shall
operate with the financial resources granted and shall be
responsible for the use thereof;
5) shall carry out other duties provided for in the by-laws of
the relevant local government and council decisions.
[31 January 2013 / See Paragraph 33 of Transitional
Provisions]
[17 July 2008; 31 January 2013]
Chapter
VIII
Control of Local Government Financial and Economic Activity
[21 December 2000; 17 February
2005]
Section 70. [18 October 2020]
Section 71. For the performance of financial audits,
the council shall conclude an audit services contract with a
sworn auditor or a commercial company of sworn auditors the
remuneration of which shall be paid for from the funds provided
for in the budget of the relevant local government.
According to the instructions of the State Audit Office, the
financial audit shall also include other issues related to the
use of funds and actions of a local government if the State Audit
Office has informed the Latvian Association of Sworn Auditors
thereof until 30 March of the reporting year.
The Ministry of Environmental Protection and Regional
Development is entitled to involve specialists for the
performance of an extraordinary financial audit of a local
government.
[21 December 2000; 17 February 2005; 17 July 2008; 16
December 2010; 8 October 2020]
Section 72. Councils shall ensure the preparation of an
annual public report and a notice regarding its publication.
The local government annual public report shall include
information regarding:
1) the implementation of the budgets of two previous years and
the accepted budget of the current year, including regarding the
amount of obligations and guarantees;
2) the valuation of local government immovable property for
the last two years;
3) the value of local government capital and expected changes
in it;
4) the measures performed in the previous two years, and also
those planned for the current year in implementing the
territorial development plan, including regarding:
a) public investments in the infrastructure of the
administrative territory of the local government,
b) private investment in the administrative territory of the
local government,
c) the participation of residents and legal persons in
discussion and improvement of the local government territorial
development programme and territorial planning;
5) the sworn auditor's report on the annual financial
statement;
6) the council decision on the annual economic report of the
previous year;
7) the audit opinions of the State Audit Office and the
measures taken by the council to rectify discovered
deficiencies;
8) the participation of the local government in co-operation
projects;
9) the measures taken to improve the management of local
government;
10) the measures taken in order to promote the awareness of
residents regarding the activities of the local government and
the possibilities for their participation in the discussion of
decisions;
11) the granting of financial resources to associations and
foundations by indicating the amount and objective of the
financial allocation for each association and foundation.
Local governments may also add other information to the annual
public report.
[21 December 2000; 17 February 2005; 17 July 2008; 8
October 2020]
Section 73. A council may establish an audit commission
which shall operate in accordance with the by-laws approved by
the council.
[21 December 2000; 17 February 2005; 17 July 2008]
Section 74. The State Audit Office shall, within the
scope of its competence, supervise the actions of local
governments with financial means and property.
[21 December 2000; 17 February 2005]
Section 75.
[21 December 2000]
Chapter
IX
Economic Basis
Section 76. The economic basis of local governments is
property, including financial resources, which is composed
of:
1) tax payments of legal and natural persons into the local
government budget;
2) State budget grants and earmarked grants;
3) credits;
4) local fees and other payments into the local government
budget;
5) fines that are transferred into the local government
budget;
6) revenue from the management of local government property
and from the economic activity of local government
undertakings;
7) voluntary payments of legal persons and natural persons for
the achievement of specific goals;
8) other revenue.
[21 December 2000; 17 February 2005]
Section 77. Local government property shall be
segregated from State property and the property of other holders
of rights. A local government uses its property and shall act
with it in accordance with the procedures laid down in law.
Local government property shall be used to satisfy the needs
of residents of the relevant administrative territory either by
giving it for public use (roads, streets, public squares, parks),
or by establishing institutions and local government capital
companies that ensure the rights of residents and provide them
with necessary services (administration institutions, social and
health care, educational, cultural, sport and other
institutions).
[17 February 2005]
The local government may utilise that part of the property,
that is not necessary for the abovementioned purposes, to obtain
revenue by economic means for satisfying the needs of residents,
or also, in accordance with the procedures laid down in law, to
privatise or alienate such.
Property disputes between the State, other legal persons,
natural persons and local governments shall be decided in
court.
If a local government official has caused losses to the local
government in the performance of the duties of his or her
position with intent or by gross negligence, he or she has an
obligation to compensate such losses.
The Ministry of Environmental Protection and Regional
Development may also bring a claim for compensation to a court.
In such case, the Ministry of Environmental Protection and
Regional Development is released from the payment of State fees,
but the acquired funds shall be included in the budget of the
relevant local government.
[17 February 2005; 16 December 2010]
Section 78. Local governments have the right of first
refusal, if immovable property in the local government
administrative territory is being alienated and such is necessary
to perform the local government functions specified in law, by
taking into account the use of the territory permitted (planned)
in the territorial planning, laws and regulations, development
planning documents and other documents that substantiate the
necessity of the relevant immovable property for the
implementation of the local government functions.
The right of first refusal shall not apply to:
1) immovable property acquired by the State;
2) immovable property acquired by foreign states for the needs
of their diplomatic or consular institutions;
3) property to be privatised by the State and local
governments;
4) production facilities with all their equipment;
5) immovable property that is transferred from one person to
another without remuneration or by way of exchange;
6) immovable property from which a part has been alienated and
which property remains under joint ownership of the seller and
purchaser;
7) immovable property that is being sold by voluntary or
mandatory auction;
8) immovable property in relation to which third persons have
the right of first refusal or pre-emption based on law, contract,
or will;
9) residential property, including a flat, the ownership of
which has been acquired up to the privatisation of the
residential building.
A local government that has acquired the immovable property on
the basis of first refusal may, within five years, sell it only
by open auction.
The procedures and time periods for exercising the right of
first refusal shall be determined by the Cabinet.
[5 February 1997; 21 December 2000; 17 June 2010]
Section 79. Local governments have the right to make a
proposal to Cabinet regarding the compulsory alienation of
immovable property in favour of the relevant local government, in
accordance with the procedures laid down in law, if such property
is necessary for public use, that is, roads, streets, public
squares, footpaths, trestles, and also for the construction of
harbour berths. The procedures for the alienation of property
shall be determined by a separate law.
Section 80. The preparation of local government budgets
and management of finances, and also the rights of local
governments to make their own revenue, shall be determined by
separate laws.
[17 February 2005]
Chapter X
District Council
[17 July 2008]
Chapter
XI
Local Governments and the Cabinet
Section 86. The Cabinet shall coordinate with local
governments all issues that affect the interests of all local
governments:
1) draft laws and draft Cabinet regulations that pertain to
local governments;
2) the amounts of grants and earmarked grants to be provided
to local governments for the current financial year;
3) the procedures for the equalisation of local government
financial resources, unless specified in law;
4) [5 February 1998];
5) sources of financing for the functions specified in Section
8 of this Law;
6) other issues on local government activities regarding which
the Cabinet has agreed to with local governments each year prior
to the start of the financial year.
Local governments shall be represented in the coordination
process by a local government association that has been
established in accordance with the requirements of Section 96 of
this Law.
The Minister of the relevant sector shall represent the
Cabinet in the coordination process or a person authorised by the
Minister.
The procedures by which the Cabinet shall coordinate with
local governments the issues referred to in Paragraph one of this
Section shall be determined by the Cabinet.
[8 June 1995; 5 February 1998; 5 June 2003; 17 February
2005; 17 July 2008 / Amendments to Paragraph two in
respect of the words "a local government association" shall come
into force on 1 September 2009. See the norm governing the
time of coming into force of the Law of 17 July 2008]
Section 87. Issues that affect the interests of
particular local governments and are not to be examined in
accordance with the procedures laid down in Section 86 of this
Law shall be examined by the Cabinet in accordance with Cabinet
Rules of Order.
On such issues, the relevant local government shall be
represented by the council chairperson or a person authorised by
the chairperson.
[8 June 1995; 17 February 2005; 17 July 2008]
Section 88. The results of discussions regarding the
issues referred to in Section 86 of this Law shall be formulated
in the form of minutes.
The Cabinet, in sending to the Saeima draft laws that
relate to local governments, shall attach to it a copy of the
minutes of the Cabinet committee meeting in which the issues
coordinated with local governments and differences of opinion
have been recorded.
The discussion minutes on differences of opinion regarding
issues that are within the competence of the Cabinet or
ministries shall be examined by Cabinet.
[8 June 1995]
Section 89. If Cabinet regulations or other laws and
regulations that regulate the activities of local governments are
contrary to the Constitution, this Law or other laws, local
governments may propose revocation of such in accordance with the
procedures laid down in law.
Section 90. Proposals to amend laws shall be submitted
to Cabinet by the local government associations or by individual
local governments.
[17 July 2008 / Amendments to Paragraph two in
respect of the words "a local government association" shall come
into force on 1 September 2009. See the norm governing the
time of coming into force of the Law of 17 July 2008]
Chapter
XII
Dismissal of a Council and its Chairperson
[13 November 1997; 21 December
2000; 17 February 2005; 17 July 2008]
Section 91. The Saeima may dismiss a council if
it:
1) repeatedly fails to observe or violates the Constitution,
laws, and Cabinet regulations, or fails to execute court
judgments;
2) repeatedly takes decisions and performs activities on
issues that are within the competence of the Saeima, the
Cabinet, ministries, other State administration institutions, or
the courts;
3) has not elected a chairperson, vice-chairperson, or
standing committees of the council within two months after the
first meeting or after resignation of the relevant officials or
authorities;
4) is unable to take decisions because at three successive
meetings more than half of the total number of councillors of the
relevant council have not participated.
[21 December 2000]
[8 June 1995; 13 November 1997; 21 December 2000; 17
February 2005; 17 July 2008]
Section 92. A council shall be dismissed by means of a
law, the draft of which the Cabinet shall submit to the
Saeima.
A draft law regarding dismissal of a council shall be
submitted by the Cabinet upon its own initiative or upon proposal
of the Prosecutor General.
The Saeima, in adopting a law regarding dismissal of a
council, shall appoint, upon proposal of the Cabinet, a temporary
administration in the relevant administrative territory and shall
determine the time period within which elections for a new
council shall be held. The term of office of a temporary
administration and a newly elected council shall be determined by
the Law on the Election of Local Government Councils.
A temporary administration shall perform the functions of the
council provided for in laws and shall act until the day of the
first meeting of the newly elected council.
[21 December 2000]
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008; 19 December 2019; 16 June 2021]
Section 93. If the council chairperson fails to fulfil
the duties specified by the laws, the Minister for Environmental
Protection and Regional Development, after the receipt of an
explanation of the chairperson of the relevant council, may with
a substantiated order relieve the chairperson from performing the
duties of office. The order shall be published in the official
gazette Latvijas Vēstnesis within three days after it is
taken. The council chairperson shall be considered relieved from
performance of the duties of office from the day when the order
of the Minister for Environmental Protection and Regional
Development regarding the removal from office of the council
chairperson is published in the official gazette Latvijas
Vēstnesis.
The council chairperson has the obligation to submit, within
seven days from receipt of a request from the Minister for
Environmental Protection and Regional Development, a written
explanation regarding the reasons for the violations of the
Constitution, laws and Cabinet regulations that have been
permitted to occur, or for the failure to execute a court
judgment. Failure to submit an explanation within the specified
term shall be considered as refusal to submit an explanation.
The council chairperson has the right, within 30 days after
publication of the order of the Minister for Environmental
Protection and Regional Development, to file a submission in
court regarding revocation of the order of the Minister for
Environmental Protection and Regional Development. If the council
chairperson has not exercised these rights, the chairperson,
after expiry of the term of 30 days, shall be considered
dismissed. If the court rejects the submission of the council
chairperson, the council chairperson shall be considered
dismissed from the day when the court judgment comes into
effect.
If the order of the Minister for Environmental Protection and
Regional Development is revoked by a court judgment, the council
chairperson shall receive the monthly salary of a council
chairperson for the time period that the chairperson was relieved
from the performance of the duties of office.
[8 June 1995; 30 October 1997; 13 November 1997; 21
December 2000; 17 February 2005; 17 July 2008; 17 June 2010; 16
December 2010; 31 January 2013]
Section 94. The council chairperson removed from office
in accordance with the procedures of Section 93 of this Law may
not be re-elected as a chairperson during the current term of the
council.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008]
Section 94.1 If a local government council
or other local government authorities do not fulfil or violate
the Constitution, laws, Cabinet regulations or also do not fulfil
court judgments, the Minister for Environmental Protection and
Regional Development may request an explanation from the council
chairperson.
The chairperson of the local government council has a duty,
within 20 days after having received the request from the
Minister for Environmental Protection and Regional Development,
to provide a written explanation regarding the violations of the
Constitution, laws and Cabinet regulations allowed by the council
or other local government authorities or also the reasons for not
fulfilling the court judgment.
[17 February 2005; 17 July 2008; 16 December 2010]
Chapter
XIII
Co-operation among Local Governments
Section 95. In order to perform tasks in which all or
several local governments have an interest, local governments
have the right to cooperate as well as to establish local
government associations or to join such associations.
Local government co-operation agreements shall be entered into
within the limitations of local government budget, if a relevant
decision has been taken by the council, or also if the procedures
for entering into such are specified in the local government
by-laws.
Local governments may establish associations whose regulations
for founding, registration, activities and liquidation are
determined by this Law and the Associations and Foundations
Law.
A decision on the founding of a local government association
or joining such and also terminating membership in a local
government association shall be taken by the relevant local
government council.
Local governments, in associations founded by them, shall be
represented by the chairperson of the relevant council or by a
person authorised by the chairperson.
[17 July 2008 / Amendments to Paragraphs one, three,
four and five in respect of local government associations shall
come into force on 1 September 2008. See the norm
governing the time of coming into force of the Law of 17 July
2008]
Section 96. A local government association in which, in
accordance with procedures laid down in law and its articles of
association, more than half of all State city local governments
and also more than half of all municipality local governments
have joined as members, is entitled to represent local
governments in their discussions with the Cabinet.
[17 July 2008; 16 June 2021]
Section 97. Local governments and associations
established by them may cooperate with the local governments of
other states and associations thereof, if such cooperation is not
contrary to legislative enactments of the cooperating states and
conforms to mutual agreements concluded among such states.
[17 July 2008 / Amendments in respect of the word
"associations" shall come into force on 1 September 2008.
See the norm governing the time of coming into force of the
Law of 17 July 2008]
Section 98. Local governments, under the supervision of
which are not the necessary infrastructure objects, have an
obligation to enter into agreements with other local governments
in order to ensure the performance of functions specified in law.
The procedures for settling mutual accounts shall be determined
by the Cabinet.
[13 November 1997; 9 December 1999]
Section 99. In order to resolve common tasks, local
governments may, upon mutual agreement, establish joint
institutions. Such institutions shall operate on the basis of
by-laws approved by the relevant councils. The by-laws shall
specify the competence of the local government joint institution
(hereinafter - the joint institution), the procedures for the
financing, supervision, liquidation thereof, and also the
procedures by which withdrawal from the joint institution takes
place, and other issues regarding activities of the local
government joint institution.
[17 July 2008]
Section 99.1 The local governments that
established this institution shall implement the supervision of
the joint institution through the supervisory council. If local
governments establish several joint institutions, one supervisory
council may be established for the supervision.
The supervisory council shall consist of at least three
members, but not less than the number of local governments
forming the joint institution. Each local government shall
delegate the vice-chairperson of the council for the work in the
supervisory council, and also other officials at its
discretion.
The work of the supervisory council of the joint institution
shall be managed by the chairperson of the supervisory council.
Duties of the chairperson of the supervisory council shall be
fulfilled by the vice-chairperson of the largest local government
council according to the number of inhabitants, if local
governments do not agree otherwise.
The supervisory council shall act in accordance with the
by-laws approved by the relevant local government councils in
which the competence and the procedures for activities of the
supervisory council as well as the procedures for the selection
of the chairperson of the council, the rights and obligations of
the members of the council and the procedures for the replacement
shall be regulated.
[17 July 2008]
Section 99.2 The supervisory council
shall:
1) determine the action plan and the annual budget of the
joint institution;
2) determine the monthly salary of the manager of the joint
institution;
3) appoint to and remove from office, and also apply
disciplinary measures to the manager of the joint
institution;
4) evaluate the results of activities of the joint
institution;
5) fulfil other duties laid down in laws and regulations.
The supervisory council is entitled to request and receive
information on the activity of the joint institution.
[17 July 2008]
Section 99.3 The joint institution shall act
in the field of public and private rights in the name of the
relevant legal persons governed by public law.
Movable property may be in the ownership, possession, or use
of the joint institution. Immovable property may be in the
possession or use of the joint institution.
The joint institution shall have an independent budget.
[17 July 2008]
Section 99.4 If the by-laws of the local
government or another external legal act does not specify the
obligation to contest the administrative act or the actual action
of the joint institution, the administrative acts and actual
action of the joint institution may be appealed to a court.
Local governments that established the joint institution
shall, in proportion to the number thereof, be responsible for
the losses caused by the joint institution in the field of public
or private rights, if local governments do not agree
otherwise.
[17 July 2008]
Section 100. A cooperative association is an
institution that is established by local governments by entering
into a cooperation agreement. In order to enter into a
cooperation agreement, each local government council shall take a
decision on the entering into of a cooperation agreement.
A cooperation agreement shall indicate:
1) the purpose of cooperation;
2) the form of cooperation;
3) the financial and property participation of each local
government in the achievement of the common purpose;
4) the procedures for the establishment of a cooperation
council and its competence, if the relevant local government
councils consider the establishment of such council is
necessary;
5) the procedures for the termination of the cooperation
agreement;
6) other issues which the relevant local government councils
consider as necessary.
A cooperation council shall not take decisions which are
within the exclusive competence of a local government
council.
[21 December 2000; 17 July 2008]
Transitional
Provisions
1. Rural territory and city local governments shall register
the permanent residence of residents until this function is taken
over by the Ministry of the Interior.
2. [5 February 1998]
3. All officials appointed by the previous local government
and all employees of local government institutions and
undertakings have the right to continue employment regardless of
a change of city council (rural territory council). A name change
of a local government decision-making body shall not be a basis
for dismissing a local government employee.
4. [5 February 1998]
5. [5 February 1998]
6. [5 February 1998]
7. [5 February 1998]
8. [5 February 1998]
9. [5 February 1998]
10. On the day this Law comes into force the following laws
are repealed:
1) On City Local Governments (Latvijas Republikas Augstākās
Padomes un Valdības Ziņotājs, 1991, Nos. 25/26, 39, 42; 1992,
No. 1; 1993, No. 7; Latvijas Republikas Saeimas un Ministru
Kabineta Ziņotājs, 1993, No. 33; 1994, No. 3);
2) On Parish Local Governments (Latvijas Republikas
Augstākās Padomes un Valdības Ziņotājs, 1991, Nos. 25/26, 39,
42; 1992, No. 1; 1993, No. 7; Latvijas Republikas Saeimas un
Ministru Kabineta Ziņotājs, 1993, No. 33; 1994, No. 3);
3) On District Local Governments (Latvijas Republikas
Augstākās Padomes un Valdības Ziņotājs, 1992, No. 8/9; 1993,
No. 7; Latvijas Republikas Saeimas un Ministru Kabineta
Ziņotājs, 1993, No. 33; 1994, No. 3);
4) On the Capital City Rīga Local Government (Latvijas
Republikas Augstākās Padomes un Valdības Ziņotājs, 1992, No.
26; 1993, No. 7; Latvijas Republikas Saeimas un Ministru
Kabineta Ziņotājs, 1993, No. 33; 1994, No. 3);
5) Chapters two, four and five of the Law on Additions and
Amendments in Some Laws of the Republic of Latvia to Ensure
Preservation of Personnel Documents (Latvijas Republikas
Augstākās Padomes un Valdības Ziņotājs, 1993, No. 22/21).
11. On the day this Law comes into force, the decision of the
Supreme Council of the Republic of Latvia On By-laws Regarding
Audit Commissions of People's Deputy Councils of Districts,
Cities, City Districts and Parishes (Latvijas Republikas
Augstākās Padomes un Valdības Ziņotājs, 1992, No. 6/7) is
repealed.
12. On the day this Law comes into force, the following
decisions of the Presidium of the Supreme Council of the Republic
of Latvia are repealed:
1) On the Application of Section 30, Paragraph five of the Law
of the Republic of Latvia of 24 April 1991 On City Local
Governments and, Section 30, Paragraph five of the Law of the
Republic of Latvia of 24 April 1991 On Parish Local Governments
(Latvijas Republikas Augstākās Padomes un Valdības
Ziņotājs, 1991, No. 29/30);
2) On the Application of Specific Sections of the Laws of the
Republic of Latvia On Parish Local Governments, On City Local
Governments, On District Local Governments (Latvijas
Republikas Augstākās Padomes un Valdības Ziņotājs, 1992, No.
17);
3) On the Application of the Law of the Republic of Latvia of
10 June 1992 On the Capital City Rīga Local Government
(Latvijas Republikas Augstākās Padomes un Valdības
Ziņotājs, 1992, No. 29/31);
4) On the Application of Specific Sections of the Laws of the
Republic of Latvia On Parish Local Governments, On City Local
Governments, On District Local Governments and On the Capital
City Rīga Local Government (Latvijas Republikas Augstākās
Padomes un Valdības Ziņotājs, 1993, No. 18/19).
13. [21 December 2000]
14. The newly established district council shall:
1) [21 December 2000];
2) continue to maintain institutions supervised by the
district local government, and supervise district local
government undertakings until they are transferred to rural
territory or city local governments or to other holders of
rights, or until they are reorganised. The discontinuance of the
activities of medical treatment, educational, cultural,
children's and social institutions shall be allowed only if the
relevant services to residents are ensured by another institution
or by other means;
3) ensure the operation of the civil defence system until such
function is taken over by the State;
4) perform other functions specified for district local
governments in other laws until amendments are made in relevant
laws, if in accordance with Section 15 of this Law the relevant
function is not to be handed over to a rural territory or city
local government.
[13 November 1997; 21 December 2000]
15. [21 December 2000]
16. [21 December 2000]
17. [21 December 2000]
18. [16 June 1998]
19. Amendments to Section 5 and Section 20, Paragraph one
(regarding the election of an audit commission); Section 21,
Paragraph two, Clause 2 (regarding an annual public report);
Section 26, Paragraph five (regarding the public accessibility of
decisions of an audit commission); Section 28, Paragraph one,
Clause 2 and Section 33, Paragraph one, Clause 2 (regarding the
submission of draft decisions of an audit commission); Section
35, Paragraph two (regarding the chairperson of an audit
commission); Section 36, Paragraph two (regarding the chairperson
of an audit commission); Section 38, Paragraph one (regarding
members of an audit commission); Section 65, Paragraph one,
Clause 3 and Section 69, Paragraph one, Clause 7 (regarding an
annual public report); the title and text of Chapter VIII and
Section 82, Paragraph two (regarding an annual public report);
Section 82.1, Paragraph one, Clause 2 (regarding an
annual public report); Section 85.1 and the title of
Chapter XII (regarding the dismissal of an audit commission);
Section 91, Paragraphs one and two (regarding an audit
commission) and Section 92, Paragraphs one, two, and five
(regarding an audit commission) of the Law shall come into force
on 11 March 2001.
[21 December 2000]
20. Up to the day of the coming into force of new Cabinet
regulations, but not later than by 1 January 2004, Cabinet
Regulation No. 460 of 24 December 1996, Procedures by which the
Cabinet shall Co-ordinate with Local Governments Issues, which
Involve Local Government Interests, shall be applied insofar as
it is not in conflict with this Law.
[5 June 2003]
21. City councils (rural territory councils) shall, by 1
September 2005, adopt a local government by-law in conformity
with the provisions of Section 24 of this Law.
[17 February 2005]
22. The Cabinet shall, by 1 November 2008, draw up and submit
to the Saeima draft laws regarding amendments necessary to
other laws for the coordination thereof with this Law. The
Cabinet shall, by 1 May 2012, draw up and submit to the
Saeima a draft law regarding local government
referendums.
[17 July 2008; 17 June 2010; 15 December 2011]
23. Section 61.3 of this Law shall come into force
concurrently with the law on local government referendums.
[17 July 2008]
24. If during the administrative territorial reform one
municipality is created in the territory of a district local
government, the relevant municipality shall ensure the fulfilment
of competence of the district council, observing the organisation
of the work of local government specified by this Law.
[17 July 2008 / Clause shall come into force on 1
September 2008. See the norm governing the time of coming
into force of the Law of 17 July 2008]
25. If during the administrative territorial reform two
municipalities are created in the territory of district local
government, the district council shall, by 1 July 2009, continue
to work in the composition which was prior to the creation of
municipalities.
[17 July 2008 / Clause shall come into force on 1
September 2008. See the norm governing the time of coming
into force of the Law of 17 July 2008]
26. Within a year after the first meeting of the newly created
municipality council, the municipality council shall evaluate the
adopted biding regulations of the former local governments
forming the municipality and shall adopt new binding regulations
of the municipality. Binding regulations of the former local
governments forming the municipality shall be in force until the
date of the coming into force of the binding regulations of the
municipality, except for the binding regulations in spatial
planning matters and amendments to the budget.
[17 July 2008]
26.1 If a municipality council has not revoked or
recognised as repealed the binding regulations adopted by former
local governments (of rural territories, cities) forming the
municipality, except for binding regulations in respect of
territorial planning matters, such binding regulations shall be
repealed as of 1 October 2010.
[17 June 2010]
27. Binding regulations of district local governments, except
for binding regulations in spatial planning matters and binding
regulations regarding the approval of the budget of local
governments and amendments to the budget, shall cease to have
effect on 1 July 2009.
[17 July 2008]
28. Local governments, where joint institutions have been
created before 1 July 2009 and that operate, shall ensure the
conformity of operation of these institutions with the provisions
specified in Sections 99, 99.1, 99.2,
99.3, and 99.4 of this Law until 1 November
2009.
[17 July 2008]
29. Local government councils elected in the local government
elections of 2009 shall come together for the first meeting on 1
July 2009. The first meeting of the newly elected council shall
be convened by the chairperson of the municipality electoral
commission.
[17 July 2008 / Clause shall come into force on 1
September 2008. See the norm governing the time of coming
into force of the Law of 17 July 2008]
30. In 2009 the remuneration (salary etc.) specified in
accordance with this Law shall be determined pursuant with the
Law on Remuneration of Officials and Employees of the State and
Local Government Authorities in 2009.
[12 December 2008]
31. The local government binding regulations issued in
accordance with the wording of Section 43, Paragraph one, Clause
11 and that were in force until 1 October 2010, shall remain in
force also after 1 October 2010, unless it is decided otherwise
in accordance with the procedures laid down in the law.
[17 June 2010]
32. The local government shall ensure recording of the council
meetings in audio format and posting on the website of the
council stipulated in Section 37, Paragraph one of this Law not
later than until 1 July 2015.
[31 January 2013; 19 June 2014]
33. Amendments to this Law regarding the rewording of Section
38, the supplementation of the second sentence of Section 58,
Paragraph one after the words "chairperson of a committee" with
the words "and his or her vice-chairperson", and also amendments
to this Law regarding the deletion of Section 67, the second
sentence of Section 68, Paragraph one, of Section 69, Paragraph
two and Section 69.2, Paragraph three shall come into
force on 1 July 2013.
[31 January 2013]
34. The municipality council shall fulfil the requirement
referred to in Section 45, Paragraph five of this Law regarding
determining of the place for the publication of binding
regulations by 30 June 2016.
[8 October 2015]
35. Amendment regarding the supplementation of Section 61 of
this Law with Paragraph four shall come into force concurrently
with the Law on Administrative Liability.
[5 December 2019]
36. Amendments to Section 45, Paragraph five of this Law
regarding the supplementation of the first sentence with the
words "and also municipal" and regarding the deletion of the
second, third, fourth, and fifth sentence shall come into force
on 1 January 2022.
[16 June 2021]
The Law shall come into force on 9 June 1994.
The Law has been adopted by the Saeima on 19 May
1994.
Acting for the President,
Chairperson of the Saeima A. Gorbunovs
Rīga, 24 May 1994
1 The Parliament of the Republic of
Latvia
Translation © 2021 Valsts valodas centrs (State
Language Centre)