The translation of this document is outdated.
Translation validity: 22.02.2020.–01.11.2020.
Amendments not included:
08.10.2020.
Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
8 June 1995 [shall come
into force from 6 July 1995];
23 May 1996 [shall come into force from 1 June
1996];
5 February 1997 [shall come into force from 6 March
1997];
30 October 1997 [shall come into force from 27 November
1997];
13 November 1997 [shall come into force from 26 November
1997];
5 February 1998 [shall come into force from 4 March
1998];
16 June 1998 [shall come into force from 10 July
1998];
14 October 1998 [shall come into force from 4 November
1998];
9 December 1999 [shall come into force from 12 January
2000.];
15 June 2000 [shall come into force from 14 July
2000];
21 December 2000 [shall come into force from 19 January
2001];
6 June 2002 [shall come into force from 5 July
2002];
5 June 2003 [shall come into force from 10 July
2003];
17 February 2005 [shall come into force from 18 March
2005];
17 July 2008 [shall come into force from 1 July
2009];
12 December 2008 [shall come into force from 1 January
2009];
16 June 2009 [shall come into force from 1 July
2009];
1 December 2009 [shall come into force from 1 January
2010];
17 June 2010 [shall come into force from 1 October
2010];
16 December 2010 [shall come into force from 1 January
2011];
15 December 2011 [shall come into force from 1 January
2012];
31 January 2013 [shall come into force from 21 February
2013];
19 June 2014 [shall come into force from 28 June
2014];
8 October 2015 [shall come into force from 6 November
2015];
5 December 2019 [shall come into force from 14 December
2019];
19 December 2019 [shall come into force from 22 February
2020].
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.
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The Saeima 1
has adopted and
the President has proclaimed the following Law:
On Local Governments
Chapter I
General Provisions
Section 1. This 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 city or municipality councils and their
institutions, as well as of the chairpersons of city or
municipality councils, the relations of local governments with
the Cabinet and ministries, as well as 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 -
city or municipality council - and authorities and institutions
established by them, ensures the performance of the functions
prescribed by law, as well as the performance of tasks assigned
by Cabinet according to the procedures specified by 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 city or
municipality council [hereinafter - city or municipality 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 by law, monitor the lawfulness of the
activities of local governments and determine that a local
government city or municipality 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 city
or municipality 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 by 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 by this Law (Section 10);
5) administration tasks the performance of which in accordance
with the procedures laid down by 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 city or
municipality council of the relevant local governments shall take
a decision regarding 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 city or municipality council, which by law has been
assigned the performance of these functions, 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 city or municipality council and are specified in
Section 21 of this Law, as well as the functions transferred to
local governments in accordance with the procedures laid down by
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 according to the procedures specified 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 agree, 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 by law, to:
1) establish local government institutions, founding societies
or foundations and capital companies, as well as investing their
own resources in capital companies;
2) acquire and alienate movable and immovable property,
privatise facilities owned by local governments, conclude
transactions, as well as 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 by law, have the duty
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,
utilise 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, utilise 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 prescribed by law shall issue binding
regulations.
[8 June 1995; 5 February 1997; 13 November 1997; 21
December 2000; 17 February 2005]
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 utilisation of public-use
forests and waters if it is not specified otherwise by law;
4) to provide for the education of residents (ensuring the
specified rights of residents to acquire primary 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 poor families and socially vulnerable
persons, ensuring places for old people in old-age homes,
ensuring places for orphans and children 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 about 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 elections of city or
municipality councils;
18) to participate in ensuring civil defence measures;
19) to organise public transport services;
20) [17 July 2008];
21) to organise continuing 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 According to the procedures
specified 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 institutions, foreign
diplomatic missions and consular institutions, as well as
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, as well
as 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
City or Municipality Council
[21 December 2000; 17 February
2005; 17 July 2008]
Section 18. City or municipality councils shall be
composed of elected councillors.
The number of councillors to be elected in city or
municipality councils shall be determined by the Law on Elections
of the Republic City Council and Municipality Council.
The rights and responsibilities of councillors of city or
municipality councils shall be specified by this Law and the Law
on the Status of Councillors of City Councils and Municipality
Councils.
Councillors of city or municipality councils shall receive
remuneration for participation at meetings of city or
municipality councils and committees, and for the performance of
other duties of councillors.
[21 December 2000; 17 February 2005; 17 July 2008]
Section 19. The first meeting of a newly elected
council shall be convened by the chairperson of the city or
municipality electoral commission within the time period laid
down in the Law on Elections of the Republic City Council and
Municipality Council. The term of office of the previous city or
municipality council shall terminate with the first meeting of
the newly elected city or municipality council.
Until election of the chairperson of a city or municipality
council, the chairperson of the electoral commission shall chair
the meeting and sign the decision of the city or municipality
council regarding election of the chairperson of the city or
municipality council.
The chairperson of a city or municipality council shall be
elected from among the councillors of the relevant city or
municipality council. Any councillor of a city or municipality
council has the right to nominate a candidate for the position of
chairperson of the city or municipality council.
The chairperson of a city or municipality council shall be
elected if the candidate has received more than half of the votes
of the elected councillors of the city or municipality
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 in the second round receives more
votes.
If no candidate in the third round receives the necessary
number of votes for election, new elections shall be held for a
chairperson of the city or municipality council.
[8 June 1995; 13 November 1997; 21 December 2000; 17
February 2005; 17 July 2008; 31 January 2013]
Section 20. After election of the chairperson of a city
or municipality council, a vice-chairperson and standing
committees shall be elected from among the councillors of the
city or municipality council. A chairperson of a city or
municipality council may have several deputies.
The vice-chairperson of a city or municipality council shall
be elected by a majority vote of the city or municipality council
councillors present, observing 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. City or municipality councils may examine
any issue that is under the supervision of the relevant local
government; in addition, only city or municipality councils
may:
1) approve local government by-laws;
2) approve the local government budget, budget amendments and
reports of implementation of the budget, as well as 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) specify the official symbols of the city, municipality or
rural territory, co-ordinating such with the Latvian State
Heraldry Commission;
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
chairperson of the city or municipality council, 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 chairperson of the city
or municipality council, 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 prescribed by 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 prescribed by 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, as well as
local government ownership acquisition of immovable property;
18) [17 June 2010];
19) determine procedures for transactions with local
government movable property, as well as 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 chairperson of the city or
municipality council;
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, as well as 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 laid down by the
Central Electoral Commission;
26) elect and release (remove) chief judges and members
Orphan's courts;
27) take decisions in other cases provided for in law.
The activities and decisions of city or municipality councils
shall be maximally efficient.
The Rīga City Council may delegate to a local government
institution 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]
Chapter IV
Organisation of the Work of City or Municipality Councils
[13 November 1997; 21 December
2000; 17 February 2005; 17 July 2008]
Section 22. The work of city or municipality 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 city or
municipality councils shall be determined by by-laws of the
relevant local government, 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 duties of residents in the
territorial administration, as well as 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 city or municipality council committees, their
numerical composition, competence and organisation of
activities;
4) the organisational and technical servicing of the city or
municipality 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 persons may become
acquainted with the decisions taken by local governments,
contracts entered into and the minutes of city or municipality
council meetings;
7) the procedures for the dispute of administrative acts
issued by the local government administration;
8) the procedures by 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
chairperson of a city or municipality council records and
documents shall be organised for transfer to the new chairperson
of the city or municipality council;
11) the procedures for organising public discussion;
12) other issues, which relate to the activities of the city
or municipality 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 the adoption of the local
government by-law it shall freely accessible in the local
government city or municipality council building and rural
territory or city 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 city or municipality council
shall be managed by its chairperson. The vice-chairperson of the
city or municipality council shall act for the chairperson of the
city or municipality council during his or her absence, as well
as perform duties assigned by the chairperson of the city or
municipality council or which are specified in relevant local
government by-laws.
If the chairperson of the city or municipality council has
been discharged from office or has resigned from performing the
duties of office, the vice-chairperson of the city or
municipality council shall perform the duties of the chairperson
of the city or municipality council until the election of a new
chairperson of the city or municipality council.
The implementation of city or municipality council decisions
shall be ensured by officials elected or appointed by the city or
municipality council, and by local government institutions and
the employees thereof, as well as capital companies.
Organisational and technical services for the city or
municipality council shall be provided by local government
administration employees.
In case of a change of a city or municipality 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. Decisions of city or municipality councils
shall be taken at meetings.
Meetings of city or municipality councils shall be public if
not otherwise specified in law.
Decisions of city or municipality councils and the minutes of
city or municipality council meetings shall be publicly
accessible. Decisions of city or municipality councils 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 decisions of city or municipality councils and
the minutes of city or municipality 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]
Section 27. The chairperson shall convene regular
meetings of the city or municipality council not less than once a
month, specifying the time and location of meetings and
announcing the agenda.
Councillors of a city or municipality council shall be
notified of the time, location and agenda of regular meetings, in
accordance with procedures specified in the local government
by-laws.
Notification regarding the time, location and agenda of
regular meetings of a city or municipality council shall be
posted in a visible location in or at the city or municipality
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 meetings of city or
municipality councils shall be convened by the chairperson on his
or her own initiative. The chairperson of a city or municipality
council 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 city or municipality
council.
In convening an extraordinary meeting of the city or
municipality council the chairperson shall determine the time and
location of the meeting and shall announce the agenda.
Extraordinary meetings of city or municipality councils shall
be convened not later than within three days from the day of
receipt of a request, except in 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 city or
municipality 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 city or municipality
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 city or municipality 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 a duty to inform the
Minister for Environmental Protection and Regional Development
regarding the place and time of the meeting.
The extraordinary meeting shall be held according to the
procedures specified 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. Meetings of city or municipality councils
shall be chaired by the chairperson or the vice-chairperson of
the city or municipality council.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008]
Section 30. Draft decisions of a city or municipality
council, opinions regarding them and information materials shall
be available to all councillors of the city or municipality
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. City or municipality 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 city or municipality 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 city or municipality council in the sequence
indicated in the announced agenda. Such sequence may be altered
by a decision of the city or municipality council.
The agenda of an extraordinary meeting may not be amended by
the city or municipality council.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008]
Section 33. City or municipality council meetings shall
examine draft decisions submitted by:
1) the chairperson of a city or municipality council;
2) committees of a city or municipality council;
3) councillors of a city or municipality 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 chairperson of a
city or municipality council.
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 city or municipality council and
harmonised with local government institutions or their
employees.
The chairperson of a city or municipality council, 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. Meetings of city or municipality councils
may take place if more than half the councillors of the city or
municipality council participate. If a councillor of a city or
municipality council is located elsewhere during the meeting and
is unable to arrive at the location of the meeting of the city or
municipality council due to a health condition or official
travel, the chairperson of the city or municipality council may
determine that video conferencing (a real-time image and sound
transmission) is used during the meeting of the city or
municipality council if such possibility is provided for in local
government by-laws and the absent councillor of the city or
municipality council has registered for participation in the
meeting of the city or municipality council in accordance with
the procedures laid down in local government by-laws.
A councillor of a city or municipality council shall be
considered present at the meeting of the city or municipality
council and is entitled to participate in the voting without
being present at the location of the meeting if 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 city or municipality 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
city or municipality 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 city or
municipality council for re-examination, observing the provisions
of Section 33 of this Law.
[8 October 2015]
Section 35. If the number of councillors of a city or
municipality council mentioned in Section 34 of this Law are
absent from a regular meeting of the city or municipality
council, the chairperson of the city or municipality council
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 city or municipality council
referred to in Section 34 of this Law are absent from the city or
municipality council repeat meeting, the chairperson of the city
or municipality council 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 meeting of the
city or municipality council.
[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 city or municipality council are absent from a city or
municipality council extraordinary meeting, the chairperson of
the city or municipality council 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 city or municipality council councillors
mentioned in Section 34 of this Law are absent from the city or
municipality council repeat extraordinary meeting, the
chairperson of the city or municipality council 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 city or municipality council.
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, as well as 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 city or municipality council councillors does
not agree to the record in the minutes, he or she has the right
in the next regular city or municipality council meeting to
request 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 the fifth
working day after the meeting indicating the date of signing.
Decisions taken by the city or municipality council shall be
signed by the chairperson of the meeting.
If the city or municipality council meeting has adopted an
administrative act, 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]
Section 38. The procedures for carrying out commercial
activity, acquiring income, combination of offices and
restrictions thereof of the chairperson of a local government
city or municipality council, his or her vice-chairperson,
councillor, executive director and his or her deputy, and also
the head of a rural territory or city 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 city or municipality council may not:
1) hold the position of the executive director and deputy
executive director, the head of a rural territory or city
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 city or municipality
council;
b) verification of lawfulness and expediency of the decisions
taken by the city or municipality council;
c) control and supervision of the execution of decisions taken
by the city or municipality 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 institution laid
down in the law On Prevention of Conflict of Interest in
Activities of Public Officials, the chairperson of a local
government city or municipality 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 city or municipality 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 city or municipality council,
vice-chairperson, executive director, deputy executive director,
head of a rural territory or city administration or deputy head
of a rural territory or city 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 city or municipality
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 city or municipality councils shall comply with
the Constitution, this Law and other laws, as well as with
Cabinet regulations.
[17 February 2005; 17 July 2008]
Section 42. City or municipality 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 city or
municipality council shall be compensated from the local
government budget.
Chairperson of the city or municipality council shall be
responsible as a member of collegial authority for the efficiency
and the lawfulness of the decision of the city or municipality
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. City or municipality 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 republic city or municipality
territory;
2) regarding the protection and maintenance of public use
forests and waters, as well as of natural and cultural objects of
the republic city or municipality that requires special
protection;
3) regarding trading in public places, as well as 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 republic
cities or municipalities, 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 of
the republic city or municipality;
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 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.
City or municipality 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 city or municipality 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]
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 regarding the planned
affect of the draft on the local government budget,
entrepreneurship environment in the local government territory,
administrative procedures and consultations with private persons
are provided.
In drawing up draft binding regulations regarding local
government fees, the information regarding the planned affect 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, as well as 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-law 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
city or municipality council building and rural territory or city
administrations.
[17 June 2010]
Section 44. Republic city or municipality councils are
entitled to issue binding regulations and provide for
administrative liability for violating them, if such is not
provided for in law, 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 law and Cabinet
regulations.
[8 June 1995; 13 November 1997; 5 February 1998]
Section 45. Binding regulations in force are binding to
any natural person and legal person in the relevant
administrative territory.
The city or municipality council shall 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 city or municipality 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 city or municipality council
does not agree entirely with the opinion or any part thereof, the
city or municipality 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 city council and explanatory
memorandum thereof shall be published in the official gazette
Latvijas Vēstnesis. The binding regulations of the
municipality council and explanatory memorandum thereof shall be
published in the official gazette Latvijas Vēstnesis. The
municipality council shall adopt binding regulations which
prescribe the place for the publication of binding regulations.
The binding regulations which prescribe the place for the
publication of binding regulations shall be published in the
official gazette Latvijas Vēstnesis. The municipality
council shall change the place for the publication of binding
regulations not more than once a year.
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 building of
the municipality council or city administrations.
[31 January 2013]
[17 July 2008; 17 June 2010; 16 December 2010; 31 January
2013; 8 October 2015 / See Paragraph 34 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 issues, which shall come into effect
in accordance with the provisions of the Spatial Planning
Law.
[17 February 2005; 17 July 2008 / Amendments in
respect of supplementing 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 city or municipality council
building and rural territory or city 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 a
three-day period.
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 city or municipality council if the law does not
provide for other procedures.
Administrative acts issued by city or municipality 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 by 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. Decisions of city or municipality councils
shall be signed by the chairperson within five working days from
the day of their adoption.
If the chairperson of a city or municipality council refuses
to sign decisions within this time period, the chairperson has
the duty to convene an extraordinary city or municipality council
meeting at which the relevant decision shall be reviewed.
Only the chairperson of a city or municipality council is
entitled to refuse to sign decisions of the city or municipality
council and to convene an extraordinary meeting of the city or
municipality council regarding review of the issue. The
chairperson of a city or municipality council may not exercise
such rights with respect to a decision of the city or
municipality council by means of which an order of the
chairperson of the city or municipality council is revoked, or
also by means of which the chairperson of the city or
municipality council is removed from office in accordance with
procedures laid down in Section 65 of this Law.
Chairperson of the city or municipality council 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 regulatory enactment or specific paragraphs
of such issued by a city or municipality council, except 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 normative enactment that
are to be revoked as unlawful, or shall indicate that the binding
regulations or other regulatory enactment 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 city
or municipality council, who shall be responsible for its
implementation.
The chairperson of the city or municipality council shall
convene, within two weeks after receipt of an order from the
Minister for Environmental Protection and Regional Development,
an extraordinary meeting of the city or municipality council in
which shall be examined the issue regarding revocation of the
relevant binding regulations or other regulatory enactment 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 meeting of the city or
municipality council.
If the city or municipality council fails to take a decision
to revoke the relevant binding regulations or other regulatory
enactment 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 city or municipality council binding regulations or other
regulatory enactment or specific sections thereof, shall remain
in force until the proclamation of the judgment of the
Constitutional Court.
The city or municipality 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 it within two months following the day
of receipt of the opinion of the Ministry of Environmental
Protection and Regional Development has not fulfilled the duty to
take a decision determined in Section 45, Paragraph four of this
Law in which a substantiation is provided why the city or
municipality council does not agree with that specified in the
opinion of the Ministry of Regional Development and Local
Government Matters.
If the city or municipality council or its chairperson fails
to implement the provisions of Paragraph two or three of this
Section, the unlawful binding regulations or another legal act 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. City or municipality councils shall elect,
from among the councillors of the city or municipality council,
standing committees that shall:
1) prepare issues for examination at meetings of the city or
municipality council;
2) provide opinions on questions within the competence of the
committee;
3) monitor the work of the local government institutions, in
accordance with 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 city or municipality council may establish a
foreigner and stateless person affairs committee.
Other standing committees shall be established by local
government city or municipality 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 city or
municipality 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 a
committee from each political party or voter association shall be
determined, to the extent possible, in proportion to the number
of councillors elected from each political organisation or voter
association.
The number of committee members shall not be less than three.
The number of members of a committee shall not exceed one half
the total number of city or municipality council councillors,
except for the finance committee.
[8 June 1995; 13 November 1997; 21 December 2000; 17
February 2005; 17 July 2008 / Amendments to Paragraph one
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 55. Each councillor shall be a member of at
least one city or municipality council committee.
A committee member may terminate his or her activities in a
committee only if the city or municipality council, after
receiving a written submission from the committee member, has
taken a decision regarding the release of such member from the
performance of duties.
If during his or her term of office a councillor is relieved
from working in a committee, councillors of the relevant
political party or voter association may nominate a new committee
member.
[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 56. Meetings of committees shall be open
meetings.
A committee meeting may take place if more than half the
members of the committee participate. If a committee member is
located elsewhere during the meeting and is unable to arrive at
the location of the meeting of the committee due to health
condition or official travel, the committee chairperson may
determine that video conferencing (a real-time image and sound
transmission) is used during the meeting of the committee if such
possibility is provided for in local government by-laws and the
absent committee member has registered for participation in the
meeting of the committee in accordance with the procedures laid
down in local government by-laws.
A committee member shall be considered present at the meeting
of the committee and is entitled to participate in the voting
without being present at the location of the meeting if 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 city or municipality 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]
Section 57. Extraordinary committee meetings shall be
convened at the request of the chairperson of the committee or of
the city or municipality 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 the
chairperson of the finance committee, shall be elected from among
the committee members, as well as 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, as well as 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 regarding such.
[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
chairperson of the city or municipality council.
Finance committees shall:
1) provide opinions regarding draft budgets;
2) provide opinions regarding amendments to the budget, as
well as regarding priorities in the division of resources if the
revenue part of the budget is not realised;
3) provide opinions regarding projects that involve the
expenditure of budget resources, and also regarding draft
decisions of the city or municipality 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 regarding 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 municipality or city or
municipality council.
The territorial committee shall prepare draft decisions for
the review at the city or municipality council meeting
regarding:
1) issues related to the administration of separate
territorial units of the municipality;
2) operational issues of rural territory or city
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 city administrations;
5) the development of an annual operational plan of rural
territory or city administrations;
6) other issues related to the activities of administration 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 city or
municipality council may form boards, commissions or working
groups from among the councillors of the city or municipality
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 city or
municipality council committees. The board of administration in
conformity with the by-law of the local government shall
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 city or municipality
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 city or municipality
council.
A local government city or municipality 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 city or municipality
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 city or municipality council or the
chairperson thereof, and based upon a city or municipality
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, as well as 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 city or
municipality 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 city or municipality council and in the
local newspaper or free publication the decision taken by the
city or municipality 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 according to the
procedures specified by 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
Chairpersons of City or Municipality Councils
[13 November 1997; 21 December
2000; 17 February 2005; 17 July 2008]
Section 62. The mandate of the chairperson and
vice-chairperson of a city or municipality council shall be in
effect from the moment of election. The chairperson of a city or
municipality council shall:
1) manage the work of the city or municipality council,
co-ordinate the examination of issues in committees;
2) represent the local government in relations with the State
and other local governments;
3) represent the city or municipality council in court without
special authorisation;
4) in the name of the city or municipality 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 city or
municipality council and committees;
8) prepare submissions from officials of State institutions
for examination at meetings of the city or municipality
council;
9) be responsible for the execution of court judgments in
which one of the parties is the city or municipality 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
decisions of the city or municipality council.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008]
Section 63. The office of chairperson of a city or
municipality council shall be remunerated.
A city or municipality council may take decisions regarding
the determination of other remunerated positions of the city or
municipality council.
The monthly salary and amount of supplement for the
chairperson of a city or municipality council 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 city
or municipality council may be removed from office, if it is
requested by at least one third of the councillors of the
council.
If the chairperson of a city or municipality council fails to
fulfil the duties specified in law or in by-laws of the relevant
local government, to execute decisions of the city or
municipality council 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 chairperson of a city or municipality council from
office.
The Chairperson shall be considered removed from office if
more than half of the total number of elected councillors of the
city or municipality council voted for removal.
In cases when a proposal has been received regarding the
removal from office of the city or municipality council
chairperson, the chairperson shall convene an extraordinary
meeting of the city or municipality council not later than within
two weeks from the day the proposal was received, unless a
regular city or municipality council meeting is to take place
within this time period. If the chairperson of the city or
municipality council 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 city or municipality 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
city or municipality council may resign from office by notifying
the city or municipality council in writing. In such case the
chairperson or vice-chairperson of the city or municipality
council shall continue to fulfil his or her duties until the next
meeting of the city or municipality council meeting at which time
his or her term of office shall terminate regardless of whether a
new city or municipality 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. On the proposal of the chairperson of a
city or municipality council, the city or municipality 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 city or municipality
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 city or municipality
council;
2) issue orders to the heads of local government
institutions;
3) prepare proposals to the city or municipality council
regarding the revocation of unlawful or ineffective decisions of
the relevant local government institutions;
4) propose to the city or municipality 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 city or municipality council, hire and dismiss
local government administration employees;
5) submit proposals to the city or municipality 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
prescribed by the city or municipality 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, as well as 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 decisions of the city or
municipality council.
[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 towns in which the local
government administrative centre is not located, the local
government city or municipality council shall establish a rural
territory or city administration.
The rural territory or city administration shall:
1) ensure the issue of notices within the competence of the
local government and provide information regarding issues within
the competence of the local government;
2) accept payments for the taxes and fees specified by the
State, the collection which has been given to the local
government, as well as the payments for fees specified by the
municipality council and payments for the services provided by
the local government;
3) ensure the payments of local government social assistance
according to the procedures specified in the Social Services and
Social Assistance Law;
4) accept submissions, complaints and proposals from the
residents living in the relevant territory and legal person
registered therein, organise the preparation of replies to
submitters;
5) register civil status documents, renew and amend the civil
status document register and repeatedly issue marriage, birth or
death certificates according to the procedures specified in the
law On Civil Status Documents;
6) ensure access to information regarding the decision taken
by the council.
The local government city or municipality council may
establish several rural territory or city administrations in one
rural territory of the municipality or town. With the permission
of the Minister for Environmental Protection and Regional
Development, a common rural territory or city administration may
be established in the relevant municipality town or municipality
rural territory or in two municipality rural territories.
[17 February 2005; 17 July 2008; 16 December 2010]
Section 69.2 Rural territory or city
administration shall be managed by the manager of the rural
territory or city administration (hereinafter - the
administration manager). Subordination of the administration
manager shall be determined by the by-law of the local
government.
The administration manager:
1) shall be responsible for the organisation of work of local
government institutions 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, as
well as if it has been provided for in the by-law 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-law of
the relevant local government and decisions of the city and
municipality council.
[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. City or municipality councils shall ensure
the performance of financial audits in order to:
1) control the use of local government financial means in
conformity with approved budgets and estimates;
2) examine the lawfulness and appropriateness of the
activities of the heads and officials of local government
institutions and capital companies;
3) control whether local government financial means, movable
and immovable property is managed in conformity with the
decisions of the city or municipality council and the interests
of residents.
[21 December 2000; 17 February 2005; 17 July 2008]
Section 71. For the performance of financial audits,
preparation of audit reports and submission of an opinion
regarding the financial year report, city or municipality
councils shall, not less than once a year, invite auditor
companies or sworn auditors, the remuneration of which shall be
from funds provided for in the budget of the relevant local
government.
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]
Section 72. City or municipality 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 two previous years budgets 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, as well
as 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 opinions of the sworn auditor regarding the economic
activities of the local government, as well as the local
government annual economic report for the previous year;
6) the decision of the city or municipality council regarding
the annual economic report of the previous year;
7) the audit opinions of the State Audit Office and the
measures taken by the city or municipality 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.
Local governments may also add other information to the annual
public report.
[21 December 2000; 17 February 2005; 17 July 2008]
Section 73. A city or municipality council may
establish an audit commission, which shall operate in accordance
with by-laws approved by the city or municipality council.
[21 December 2000; 17 February 2005; 17 July 2008]
Section 74. The State Audit Office within the scope of
its competence shall 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 procedures laid down by law.
Local government property shall be utilised 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 aforementioned purposes, to obtain
revenue by economic means for satisfying the needs of residents,
or also, in accordance with procedures laid down by 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 in the performance of the
duties of his or her position with intent or by gross negligence
has caused losses to the local government, he or she has duty 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 prescribed by 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 a period of 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 procedures laid down by law, if such property is
necessary for public use, that is, roads, streets, public
squares, footpaths, trestles, as well as 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, as well as 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 co-ordinate 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) procedures for 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 co-ordination
process by a local government association that has been
established in compliance with the requirements of Section 96 of
this Law.
The Minister of the relevant sector shall represent the
Cabinet in the co-ordination process or a person authorised by
the Minister.
The procedures by which the Cabinet shall co-ordinate 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 procedures laid down by 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 chairperson of its city or municipality
council, 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
co-ordinated 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
procedures laid down by 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 City or Municipality Council and its
Chairperson
[13 November 1997; 21 December
2000; 17 February 2005; 17 July 2008]
Section 91. The Saeima may dismiss a city or
municipality 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) within a two-month period after the first meeting or after
the resignation of relevant officials or institutions has not
elected a chairperson, vice-chairperson or standing committees of
the city or municipality council;
4) is unable to take decisions because at three successive
meetings more than half the total number of councillors of the
relevant city or municipality 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 city or municipality 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 city or municipality
council shall be submitted by the Cabinet pursuant to its own
initiative or pursuant to the proposal of the Prosecutor
General.
The Saeima, in adopting a law regarding dismissal of a
city or municipality council, shall appoint pursuant to the
proposal of the Cabinet a temporary administration in the
relevant administrative territory and shall determine the time
period within which elections for a new city or municipality
council shall be held. The term of office of a temporary
administration and a newly elected city or municipality council
shall be determined by the Law on Elections of the Republic City
Council and Municipality Council.
A temporary administration shall perform the functions of the
city or municipality council provided for in laws and shall act
until the day of the first meeting of the newly elected city or
municipality council.
[21 December 2000]
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008; 19 December 2019]
Section 93. If the chairperson of a city or
municipality council 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 city or municipality 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 chairperson of the city or municipality
council shall be considered relieved from performance of the
duties of office from the day that the order of the Minister for
Environmental Protection and Regional Development regarding the
removal from office of the city or municipality council
chairperson is published in the official gazette Latvijas
Vēstnesis.
The chairperson of the city or municipality council has the
duty 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 chairperson of the city or municipality council 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 chairperson of the city or municipality
council has not utilised these rights, the chairperson, after
expiry of the two-week term, shall be considered dismissed. If
the court rejects the submission of the chairperson of the city
or municipality council, the chairperson of the city or
municipality council 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
chairperson of the city or municipality council shall receive the
monthly salary of chairperson of the city or municipality council
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 chairperson of a city or municipality
council removed from office in accordance with the procedures of
Section 93 of this Law may not be re-elected chairperson during
the current term of the city or municipality council.
[13 November 1997; 21 December 2000; 17 February 2005; 17
July 2008]
Section 94.1 If a local government city or
municipality council or other local government institutions 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 chairperson of the city or municipality
council.
The chairperson of the local government city or municipality
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 city or municipality council or other local
government institutions 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 co-operate 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 city or municipality 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 regarding 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 city or municipality council.
Local governments, in associations founded by them, shall be
represented by the chairperson of the relevant city or
municipality 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 by law and its articles of
association more than half of all republic city local
governments, as well as 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]
Section 97. Local governments and associations
established by them may co-operate with the local governments of
other states and associations thereof, if such co-operation is
not contrary to legislative enactments of the co-operating 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 a duty
to enter into agreements with other local governments in order to
ensure the performance of functions prescribed by 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 a
by-law approved by the relevant city or municipality councils.
The by-law shall specify the competence of the local government
joint institution (hereinafter - joint institution), the
procedures for the financing, supervision, liquidation thereof,
as well as 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 city or municipality council
for the work in the supervisory council, as well as 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
city or municipality council according to the number of
inhabitants, if local governments do not agree otherwise.
The supervisory council shall act in accordance with the
by-law approved by the relevant local government city or
municipality 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 duties 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, as well as 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 regarding 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-law of the local
government or another external legal act does not specify the
duty 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 co-operative association is an
institution that is established by local governments by entering
into a co-operation agreement. In order to enter into a
co-operation agreement, each local government city or
municipality council shall take a decision regarding the entering
into of a co-operation agreement.
A co-operation agreement shall indicate:
1) the purpose of co-operation;
2) the form of co-operation;
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 co-operation
council and its competence, if the relevant local government city
or municipality councils consider the establishment of such
council is necessary;
5) the procedures for the termination of the co-operation
agreement;
6) other issues which the relevant local government city or
municipality councils consider as necessary.
A co-operation council shall not take decisions which are
within the exclusive competence of a local government city or
municipality 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); and
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. 20/21).
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. By 1 November 2008 the Cabinet shall draw up and submit to
the Saeima draft laws regarding amendments necessary to
other laws for the co-ordination thereof with this Law. By 1 May
2012 the Cabinet shall 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 these institutions with the provisions specified in
Sections 99, 99.1, 99.2, 99.3
and 99. 4of 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 city or
municipality 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 determined by 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 rewording of Section 38,
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", as well as amendments to this
Law regarding 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]
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 © 2020 Valsts valodas centrs (State
Language Centre)