Lack of state comptroller means would-be-whistleblowers can’t get legal protection, office says

Ten government employees who have submitted complaints to the State Comptroller’s Office about alleged corruption in government ministries and agencies in which they work have been refused protection under Israel’s whistleblower laws over the past month because there is no current serving state comptroller.

There have been 10 such complaints since previous state comptroller Matanyahu Englman stepped down at the beginning of July, Channel 12 news reports.

The State Comptroller’s Office confirms the report to The Times of Israel.

Government employees who wish to complain about corruption in their ministry or agency can get protection from dismissal and other retaliatory measures if the state comptroller, in his role as public complaints ombudsman, issues such an order after a complaint has been filed and reviewed.

Under the 1958 State Comptroller Law, only the ombudsman themself is empowered to grant such protection, however, and the State Comptroller’s Office says they are therefore currently powerless to accept such complaints.

On June 3, the Knesset elected Michael Rabello, Prime Minister Benjamin Netanyahu’s longtime lawyer and adviser — as the next state comptroller, but the High Court of Justice annulled the election due to violations of the legal requirement for a secret ballot by at least six coalition MKs.

The court ruled that the Knesset should call a new election quickly, but Netanyahu and the government have since decided not to re-do the vote before the upcoming general election on October 27.

In practice, this means that any state employees who wish to report government corruption between now and the elections will be unable to get protection against dismissal or other reprisals.

On Monday, Knesset Speaker Amir Ohana told Galei Yisrael Radio “I am proud that I did not obey the High Court ruling,” opining that the court had no authority to intervene.