|
In the exercise of the powers vested in the High
Representative by Article V of Annex 10 (Agreement on Civilian Implementation of
the Peace Settlement) to the General Framework Agreement for Peace in Bosnia and
Herzegovina, according to which the High Representative is the final authority
in theatre regarding interpretation of the said Agreement on the Civilian
Implementation of the Peace Settlement; and considering, in particular, Article
II.1.(d) of the last said Agreement, according to the terms of which the High
Representative shall “[f]acilitate, as the High Representative judges necessary,
the resolution of any difficulties arising in connection with civilian
implementation”;
Recalling paragraph XI.2 of the Conclusions of the Peace
Implementation Conference held in Bonn on 9 and 10 December 1997, in which the
Peace Implementation Council welcomed the High Representative’s intention to use
his final authority in theatre regarding interpretation of the Agreement on the
Civilian Implementation of the Peace Settlement in order to facilitate the
resolution of any difficulties as aforesaid “by making binding decisions, as he
judges necessary” on certain issues including (under sub-paragraph (c) thereof)
measures to ensure implementation of the Peace Agreement throughout Bosnia and
Herzegovina and its Entities which “may include actions against persons holding
public office or officials…who are found by the High Representative to be in
violation of legal commitments made under the Peace Agreement or the terms for
its implementation”;
Noting that the Steering Board, at its meeting held at
Political Directors’ level on 26 September 2003, considered the resolution of
the Mostar question as crucial to the sustainable and peaceful development of
Bosnia and Herzegovina;
Bearing in mindthe special status given to Mostar under the
Dayton Agreement on Implementing the Federation of Bosnia and Herzegovina,
signed on 10 November 1995, and in the Annex thereto which establishes
principles for the Interim Statute for the City of Mostar;
Further bearing in mind that the political authorities at the
“City” and the “City-Municipality” levels have hitherto failed to unify the City
of Mostar under the said Interim Statute, and have, rather, used the
City-Municipalities to create parallel institutions and divide the City;
Mindfulof the need to consolidate the administrative,
functional and legal unity of the City of Mostar in a manner that promotes
efficiency in the delivery of services, guarantees the fundamental rights of all
citizens, ensures the collective rights of the constituent peoples and prevents
dominance by one segment of the population of Mostar;
Acknowledging the work of the Commission for Reforming the City
of Mostar established by the High Representative on 17 September 2003
(hereinafter: “the Commission”);
Welcomingthe efforts undertaken by the political parties
involved in the said Commission which culminated in concrete proposed solutions
to various key issues relating to the reorganization of the City of Mostar;
Convinced that said proposed solutions provide a sound basis
for the establishment of the aforementioned guarantees and safeguards, and,
further contain carefully negotiated power-sharing provisions aimed at enabling
the citizens of Mostar to build a foundation for a progressive future predicated
upon, inter alia, protection of national vital interests;
Encouraged that said proposed solutions emerged from the
broadest possible consensus with respect to the reorganization of the City of
Mostar;
Regretting that the parties involved in the Commission failed
to reach a consensus on two outstanding issues and convinced that the resolution
of said issues would significantly improve applied standards of governance in
the City while maintaining an electoral architecture reflective of the sui
generis circumstances in Mostar arising from profoundly conflicting
interests among its constituent peoples.
Bearing in mind that the Steering Board of the Peace
Implementation Council, at its meeting held in Brussels on 11 December 2003,
‘committed itself to give its full support to the implementation of a solution
to the issue of Mostar based on a single coherent city administration with
effective guaranteed power-sharing mechanisms which prevent any one people
having majority control of the City Council and to act to ensure that
implementation of the plan in the coming months has the necessary political and
economic support”;
Stressing the need to hold democratic elections at local level
in Mostar as well as throughout Bosnia and Herzegovina on the first Saturday of
October 2004 and bearing in mind the need to start preparing those elections;
Having considered, borne in mind and noted all the matters aforesaid, the
High Representative hereby issues the following
DECISION
Enacting the Statute of the City of Mostar
The Statute of the City of Mostar set out hereunder forms an integral part of
this Decision and shall enter into force on March 15, 2004.
The Statute shall be in force on an interim basis until adopted by the City
Council of the City of Mostar in due form, without amendments and with no
conditions attached.
This Decision shall enter into force forthwith and shall be published without
delay in the Official Gazette of the City of Mostar and the Herzegovina-Neretva
Canton.
Sarajevo, 28 January 2004
Paddy Ashdown
High Representative
STATUTE OF THE CITY OF MOSTAR
In accordance with the Constitution of the Federation of Bosnia and
Herzegovina and the Constitution of the Herzegovina-Neretva Canton, the City
Council of the City of Mostar adopts the following Statute:
CHAPTER I: COMMON PROVISIONS
Article 1
Principles
1. This Statute shall regulate the right
and obligation to decide on the interests and needs of the City of Mostar
(hereinafter: the City) and of its citizens, the scope of local self-government,
the organisation and the financing of the City, the participation of the
citizens in affairs of local self-government as well as other issues, rights,
obligations and responsibilities related to the City.
2. In performing its tasks, the City
shall respect the fundamental rights of every individual and the rights of the
Constituent Peoples together with Others in accordance with the Constitutions
and laws, shall grant equal rights and shall promote equal living conditions for
all citizens, taking into consideration their national, religious and cultural
identity, and shall foster their peaceful coexistence.
Article 2
Self-Government
The City shall foster the welfare of its citizens in local self-government
through its bodies and through direct participation of its citizens.
Article 3
Legal Status
1. The City is a legal entity. It may, on
its own behalf, make commitments and undertake commitments, institute or be
subject to legal proceedings in court. The City has property.
2. The City shall be one unit of local
self-government.
Article 4
Name, Seal and Insignia
1. The name of the City is: “The City of
Mostar”.
2. The City has an official seal, the
appearance of which shall be determined by a special decision in accordance with
the law.
3. The City shall have a Coat of Arms, a
flag and other symbols, the appearance of which shall be determined by a special
decision, which shall require a two-third majority of the votes of the elected
City Councilors.
Article 5
Territory of the City
The territory of the City encompasses a single, undivided area according to
the state of the area delineated by the cadastre lines of the skirting areas on
1st January 1991 as modified by the General Framework Agreement for
Peace in Bosnia and Herzegovina signed on 14th December 1995.
Article 6
Unity of the Administration
1. The City shall be a unit of local
administration.
2. The City may delegate certain
administrative and technical tasks to companies, institutions and other legal
persons (hereinafter: legal entities vested with public powers) and shall
supervise them.
3. In order to ensure the unity of the
Administration, the City shall be responsible for the tasks delegated by Bosnia
and Herzegovina, the Federation of Bosnia and Herzegovina or the Canton. The
City shall be reimbursed for the costs involved.
Article 7
City Areas
1. In the City, six (6) City areas shall
be formed and shall correspond to the former City-Municipalities.
2. Branch offices of the City
Administration shall be established in the City areas for the sole purpose of
delivering the maximum range of services to the citizens within their own
neighborhoods.
3. The City areas of the City are
electoral constituencies according to Article 15 of this Statute.
Article 8
Legal entities vested with public powers and Facilities
The City shall establish legal entities vested with public powers and
facilities for its citizens, within its financial, personnel and material
capacities.
Article 9
International and National Co-operation
1. The City may perform its tasks in
co-operation with other cities and municipalities in Bosnia and Herzegovina in
accordance with the law. For this purpose, joint institutions may be established
in order to fulfil tasks of common interest.
2. The City may join international
associations of cities and municipalities, as well as enter into bilateral
co-operation with cities and municipalities of other States.
Article 10
Citizens’ Participation in Local Self-government
1. The City shall regulate issues of
self-government by decisions of its bodies and by referendum.
2. All citizens of the City may take part
in the self-government of the City through direct citizen participation. The
citizens may vote and stand for election in elections for the City Council in
accordance with the law.
3. Citizens may directly participate in
decision-making regarding local tasks falling within the self-government
competencies of the City by referendum, local citizens’ assembly and citizens’
initiative in accordance with the law. The decisions on the announcement
of a referendum shall be adopted in accordance with Article 33, paragraph 3 of
this Statute.
Article 11
Rights and Duties of Citizens
1. The inhabitants of the City have the
right to use all public institutions and facilities in the City, within the
framework of existing regulations and under equal conditions. No one shall be
prohibited from using such public institutions and facilities based upon his/her
national, religious or cultural identity or any other similar grounds.
2. The inhabitants of the City shall
participate in the financing of tasks of the City through taxes, fees and
contributions in accordance with the laws.
3. The provisions of paragraphs 1 and 2
shall apply to the legal entities, with their seat in the City.
Article 12
Supervision
1. The City shall be subject to the
supervision of the institutions of the Federation of Bosnia and Herzegovina and
the Canton, as provided by the laws of the Federation of Bosnia and Herzegovina
and the Canton.
2. The supervision shall in particular
protect the rights of the inhabitants of the City, ensure their realisation and
prevent the bodies of the City from violating the Constitution, laws and this
Statute.
CHAPTER II: BODIES OF THE CITY
Article 13
General Provision
The bodies of the City are the City Council and the Mayor.
Part one: City Council
Article 14
Composition of the City Council
The City Council of the City (hereinafter: City Council) shall consist of 35
Councilors, who are elected through free, democratic and direct elections in
accordance with the Election Law of Bosnia and Herzegovina.
Article 15
Elections for the City Council
1. The Councilors in the City Council
shall be elected in electoral constituencies.
2. The electoral constituencies in the
City shall be the area of the City and six City areas, as defined in Articles 5
and 7 of this Statute and in the map annexed to the Interim Statute published in
the Official Gazette of the City of Mostar of 20 February 1996 (O.G. City of
Mostar, no. 1, 20 February 1996), which forms an integral part of this
Statute.
Article 16
Representation in City Council
A minimum of four (4) representatives of each Constituent People and one (1)
of the Others shall be represented in the City Council.
No Constituent People shall have more than fifteen (15) Councilors.
Article 17
Allocation of Seats
1. Each City area shall elect three (3)
City Councilors. The remaining seventeen (17) Councilors shall be elected in the
area of the City as one electoral constituency (hereinafter: the City-wide
list).
2. At least four (4) candidates of each
Constituent People and one (1) candidate of the Others from the City-wide list,
shall be elected to the City Council.
3. Allocation of seats in the City
Council shall be conducted in accordance with the Election Law of Bosnia and
Herzegovina.
Article 18
Bodies Responsible for the Conduct of Elections
1. The bodies competent for the conduct
of the elections in the City shall be the Election Commission of the City of
Mostar and the Polling Station Committees.
2. Provisions of the Election Law of
Bosnia and Herzegovina regulating the Municipal Election Commissions shall apply
to the appointment, composition and scope of work of the Election Commission of
the City of Mostar.
3. The members of the Polling Station
Committees shall be appointed in accordance with the stipulations of the
Election Law of Bosnia and Herzegovina.
Article 19
Independence of City Councilors
1. The City Councilors perform their duty
according to their free convictions which shall be related only to the welfare
of the City and its inhabitants.
2. The City Councilors are not bound by
orders or instructions other than those provided for by law.
Article 20
Compensation for the City Councilors
For the exercise of their duty, the City Councilors are entitled to receive
salary and allowances as determined by the City Council.
Article 21
Conflict of Interest
1. The City Councilors in the exercise of
their public duty shall act in a responsible and conscientious manner. They
shall not undermine the confidence of the inhabitants of the City and shall
abide by the regulations governing their rights, duties and
responsibilities.
2. The City Councilor shall be subject to
the relevant legislation pertaining to conflict of interest.
Article 22
Confidential Information
1. The City Councilors shall not disclose
any information classified as confidential by an authorised body.
2. The obligations from Paragraph 1 shall
not cease at the end of the mandate of a City Councilor.
Article 23
Clubs
1. City Councilors may form Clubs. The
President of the City Council and the Mayor shall receive notification of the
establishment of a Club. The notification shall include the name of the Club,
the names of its members, and of its chairman.
2. The City Council shall further
regulate this matter in its Rules of Procedure.
Article 24
Caucuses of the Constituent Peoples
1. A caucus of each Constituent People
shall be established in the City Council.
2. The establishment, organisation and
modalities of work of the caucuses referred to in Paragraph 1 shall be further
regulated by the Rules of Procedure of the City Council.
Article 25
President and Vice-Presidents
1. The City Council shall have a
President and two Vice-Presidents. The President and the Vice-Presidents shall
respectively carry the title “President of the City Council” and “Vice-President
of the City Council”.
2. The President and the Vice-Presidents
shall not come from the same Constituent Peoples.
3. The mandate of the President and
Vice-Presidents shall end at the same time as the mandate of the City
Councilors.
Article 26
Election and Dismissal of the President and Vice-Presidents
1. At the first session of the City
Council after the elections, the City Council shall elect the President and the
Vice-Presidents from among the City Councilors. Until such time as the President
is elected, the sessions of the City Council shall be chaired by the oldest City
Councilor.
2. The President of the first session of
the City Council shall call for nominations for the positions of the President
and Vice-Presidents.
3. Each Councilor or club has the right
to propose candidates for the positions of the President and Vice-Presidents of
the City Council. Each caucus of a Constituent People shall nominate by a
majority vote and out of the proposed candidates from its members, one candidate
for election to the positions of the President and Vice-Presidents.
4. Voting on the nominated candidates
shall be conducted for each candidate individually through an open ballot. Each
City Councilor may only vote for one candidate.
5. The candidate who receives the highest
number of votes shall be elected. Should two candidates receive the same number
of votes, the younger one of the two shall be elected President. The two
remaining candidates will be Vice-Presidents.
6. The President may not come from the
same Constituent People as the Mayor of the City. Should this be the case, the
President shall resign from his position and the election of a new President
shall take place in accordance with this Article.
7. The President and Vice-Presidents may
be dismissed by a two-third majority of votes of the elected City Councilors. In
such case, the election of the new President or Vice-Presidents shall take place
in accordance with this Article.
Article 27
Rights and Duties of the President and the Vice-Presidents
1. The President is responsible for the
work of the City Council and shall notify the Mayor about the decisions of the
City Council. The President shall represent the City Council on public
occasions.
2. The Vice-Presidents shall support the
President in the exercise of his/her duties and assume his/her duties in his/her
absence, subject to the approval of the President, unless the President is
prevented from doing so.
3. Personnel and material means that are
necessary for the performance of their duty shall be put at the disposal of the
President and the Vice-Presidents by the City Administration.
4. The President and Vice-Presidents
shall have offices at their disposal, which are managed by a Secretary of the
City Council.
5. The Secretary of the City Council is a
civil servant of the City Administration under the authority of the President.
He/she shall have his/her own staff.
Article 28
Competencies of the City Council
1. The City Council is the highest body
of the City and shall be responsible for all matters falling within its
competencies in accordance with the Constitutions and the law.
2. The City Council shall supervise the
administration of the City, including the Mayor’s Office. City Councilors shall
be entitled to ask questions concerning items on the agenda at sessions, and to
request written inquiries. The Mayor shall answer the inquiries within two
months. Upon his/her own initiative, he/she shall keep the City Council informed
about important issues.
3. The City Council shall be entitled to
have an overview of the implementation of its decisions. For this purpose, it
may, upon the request of a Club or a quarter of all City Councilors, form a
Committee, which may examine documentation in the premises of the City
Administration. Such Committee shall submit a report on the results of the
examination. City Councilors may also at any time examine documentation in the
premises of the City Administration. The City Council shall also adopt or reject
the semi-annual and annual reports on execution of the Budget submitted by the
Mayor pursuant to Article 43 Paragraph 4 item e) of this Statute.
Article 29
Sessions of the City Council
1. The City Council shall meet as often
as necessary and at least once a month. The City Council shall be convened
without delay whenever one third of all City Councilors submits a written
request including an agenda. The request shall be submitted to the President of
the City Council (hereinafter: the President).
2. Every City Councilor is entitled to
propose a motion for all affairs regarding the City on the agenda.
3. At least three days shall pass between
the submission in writing of the invitations and the day on which the session is
held.
4. When convening the session, the
President shall propose an agenda, in consultation with the Vice-Presidents of
the City Council (hereinafter: the Vice-Presidents). The agenda shall be sent
with the invitation for the session. Items may be added to the agenda during the
session upon approval of two-thirds of the elected City Councilors. If those
items do not receive the necessary majority, they shall be included on the
agenda of the next session.
5. The President shall chair the sessions
of the City Council and ensure its conduct in accordance with the Statute and
the Rules of Procedure of the City Council.
6. The City Council shall meet for the
first time within a two-week period following the announcement of the certified
Election results. In such case, the City Council shall be convened by the oldest
member, as determined by the Election Commission of the City of Mostar when the
Election results are announced.
Article 30
Public Nature of the Sessions of the City Council
1. The sessions of the City Council shall
be public and shall be announced to the public in a timely manner.
2. The City Council may on particular
issues decide to hold its session closed to the public. The result of the
session shall be announced to the public. This issue shall be further regulated
by the Rules of Procedure of the City Council.
Article 31
Participation of the Mayor and the Heads of Departments
1. The Mayor and the Heads of Departments
shall participate in the sessions of the City Council without right to vote.
2. The Mayor shall be entitled to address
the City Council during a session at any time on any point of the agenda. Upon
request, he/she shall provide the City Council with all information on all
issues discussed. The Mayor may delegate these duties to one of the Heads of
Departments.
Article 32
Quorum
The City Council can hold sessions and pass decisions if more than half of
the elected members are present. The quorum shall be determined at the beginning
of the session. It is assumed that the quorum exists until the opposite is
determined upon request.
Article 33
Voting
1. The decisions of the City Council of
the City shall be adopted by a majority of votes of the elected City Councilors,
unless this Statute or law prescribes otherwise.
2. Notwithstanding the voting procedure
prescribed in Paragraph 1, the adoption of the following decisions shall require
a 2/3 majority of votes of elected Councilors:
a) Decisions on Urban Plans for the territory
of the City;
b) Amendments to the Statute;
c) Adoption of the Budget and decision on the
execution of the Budget;
d) Decisions on recognition and awards by the
City;
e) Removal of the Mayor, President and Vice
Presidents of the City Council;
f) Decisions on the appearance of the
Coat of Arms, flag and other symbols referred to in Article 4
(3) of this Statute;
g) Decisions on the assignment of names for
streets, squares and bridges;
h) Other matters as determined by this Statute;
3. The decision on the announcement of a
referendum shall require a majority of votes in the City Council including the
majority of votes within each of the Committees of the City Council for
City Areas established in accordance with Article 38 of this Statute.
4. Decisions on distribution of revenues
derived from the use of allocated construction land shall be adopted pursuant to
Article 56 of this Statute.
Article 34
Definition of the Vital National Interest
Vital national interests of Constituent Peoples to be protected in the City
shall be those defined in Article VI.C.6) of the Constitution of the Federation
of Bosnia and Herzegovina.
Article 35
Procedure for the Protection of Vital National Interest
1. If more than one President or
Vice-President claim that a decision comes within the list of vital interests
referred to under Article 34, the adoption of such a decision, shall require a
majority vote within each caucus of the Constituent Peoples represented in the
City Council.
2. The President and the Vice-Presidents
shall decide, within one week, whether a decision comes within the list referred
to under the Article 34.
3. If only one President or
Vice-President claims that a decision falls within the list of vital interest, a
two-third majority of the respective caucus of the Constituent Peoples in the
City Council may declare the issue concerned to be an item within the list of
vital interests.
4. In case a two-third majority of one of
the caucuses of the Constituent Peoples in the City Council decides that a
decision affects a vital national interest, adoption of such a decision shall
require a majority vote within each caucus of the Constituent Peoples
represented in the City Council.
5. If the majority referred to in the
previous Paragraph is not reached, the issue shall be referred to the
Constitutional Court of the Federation of Bosnia and Herzegovina, which shall
take a final decision whether the disputed decision relates to a vital interest
of a Constituent People.
6. In such a case, the Constitutional
Court of the Federation of Bosnia and Herzegovina shall proceed in the manner
provided for in the Article IV.A.18.a) item 5 through 8 of the Constitution of
the Federation of Bosnia and Herzegovina.
7. If the Constitutional Court of the
Federation of Bosnia and Herzegovina decides in favour of a vital interest, the
decision shall fail and the document shall be returned to the proponent for a
new procedure. In that event, the proponent may not re-submit the same text of
the decision.
8. In the event that the Constitutional
Court of the Federation of Bosnia and Herzegovina decides that no vital interest
is involved, the decision shall be adopted by a majority vote.
Article 36
Other Elections in the City Council
1. The Elections in the City Council are
conducted by secret ballot unless provided otherwise in this Statute.
2. Unless this Statute or the law
determines otherwise, the person who receives more than half of the cast votes
shall be elected. If none of the nominees receives the necessary votes in the
first ballot, a second round between the two candidates who succeeded in
obtaining the largest number of votes shall take place. If the two candidates
receive the same number of votes, the younger of the two remaining candidates
shall be elected, unless one of the candidates renounces.
3. The ballot shall clearly identify the
candidate for whom the vote is cast. The ballot shall otherwise be considered
spoiled. Abstentions and spoiled ballots shall not be considered as cast votes
under Paragraph 2 of this Article. Abstentions and spoiled ballots shall however
be counted when establishing the quorum.
4. The Election Committee, consisting of
one member nominated from each of the Club established pursuant to Article 23 of
this Statute, shall collect and count the votes, and determine the Election
results. The Election Committee decides by consensus. When consensus
cannot be reached, the City Council shall decide, by open ballot and after
having heard the Election Committee.
5. If there is more than one seat of the
same kind to be filled through an election, lists of candidates shall be
proposed. The seats shall be allocated in accordance with the Saint Lague’s
formula. This formula may be waived if the City Councilors come to an agreement
on a common list and if the City Council gives its approval by a two-third
majority.
Article 37
Committees
1. The City Council shall establish
Committees of the City Council out of its members in order to prepare its
decisions.
2. The number of members that a Club
referred to in Article 23 of this Statute is entitled to nominate shall be
proportionate to the size of the said Club. The Clubs may nominate as many
members to the Committees as they are entitled to nominate and shall submit the
names to the President in writing. If a member of a Committee withdraws from his
office, the Club concerned shall nominate a new member. The Committee members
may authorise other City Councilors from the same Club to represent them in the
Committee in a particular case.
3. The Committees shall elect a President
and a Deputy from among their members.
4. The President and the Vice-Presidents
of the City Council may participate in all Committee sessions without the right
to vote, and other City Councilors may participate as observers even in sessions
closed to the public.
5. The Mayor shall participate in the
sessions of the Committees without the right to vote. He/she may authorise one
of the Heads of Departments to represent him/her.
6. The number of Committees, their
competencies as well as all other issues not regulated by this Statute shall be
prescribed by the Rules of Procedure in accordance with the general principles
set forth in this Statute.
Article 38
Committees for City Areas
1. There shall be one Committee of the
City Council for each City Area (Komisija Gradskog Vijeca za Gradska Podrucja).
Each Committee of the City Council for City Areas (hereinafter: “Committees for
City Areas”) shall be comprised of the three City Councilors elected from the
territory of the relevant City Area pursuant to Article 17, paragraph 1 of this
Statute.
2. The Committees for City Areas shall
have the following responsibilities:
- Deciding on the
distribution of revenues derived from allocated construction land, in accordance
with Article 56 of this Statute;
- Participating in the
decision on announcement of a referendum, in accordance with Article 33,
paragraph 3 of this Statute.
3. Decisions of the Committees for City
Areas shall be adopted by simple majority.
4. Article 37, paragraphs 3 through 5 of
this Statute will apply to the Committees for City Areas. Issues not regulated
by this Statute shall be prescribed by the Rules of Procedure of the City
Council in accordance with the general principles set forth in this Statute.
Article 39
Minutes
1. The minutes of discussions and
decisions of the City Council and its Committees shall be taken. The minutes
shall indicate the attendees, the issues discussed, the elections carried out
and the decisions adopted.
2. The Secretary of the City Council or
his/her delegate in case he/she is prevented from attending, upon the request of
the President or the Chairman of the Committee, shall be responsible for taking
the minutes of the City Council and its Committees.
3. The minutes shall be signed by the
minute-taker and by the President at sessions of the City Council, by the
Chairmen of the Committees at sessions of the Committees, and delivered to the
Mayor, as well as to all participants in the sessions.
4. The minutes shall be accessible to the
public, except otherwise provided by law or this Statute.
Article 40
Rules of Procedure
1. The City Council shall adopt its own
Rules of Procedure, which shall regulate the work of the City Council.
2. The Rules of Procedure shall in
particular regulate the maintenance of orderly course of sessions, the form of
invitations, the details on invitation periods, the sitting arrangements, the
formal voting procedures and the elections, as well as the method of work.
3. The provisions of the Rules of
Procedure shall be in accordance with this Statute.
Article 41
Challenge of Decisions
1. If a decision of the City Council is
deemed to violate the laws in force or jeopardises the welfare of the City, the
Mayor shall challenge it within three days.
2. The Mayor shall formulate the
reasoning underlying his/her challenge. The challenge shall have suspensive
effect.
3. The City Council shall vote again on
the disputed decision at a newly convened session within three weeks. If the
City Council confirms its decision:
a) the decision shall be final and shall be
implemented if the dispute refers to a decision which in the Mayor’s opinion
violates the welfare of the City;
b) the Mayor shall challenge the decision by
submitting it to the supervising authority if the dispute refers to a decision,
which in the Mayor’s opinion, violates the laws in force. Such submission shall
be made within a week from the confirmation of the decision. The law applicable
to such procedure shall be followed.
Part two: Mayor
Article 42
Representing the City
1. The Mayor shall represent the
City.
2. The Mayor is the bearer of the
executive authority.
3. The decisions of the City Council are
implemented by the Mayor. Decisions of the City generating rights and duties
shall be issued in writing with the official seal of the City.
Article 43
Tasks of the Mayor
1. The Mayor shall be responsible for the
proper functioning of the City Administration, within the limits of the budget
adopted by the City Council. The Mayor is responsible for the work of the City
Administration and is superior to all civil servants and employees of the City
Administration. He/she shall appoint them, promote them taking into
consideration the staffing plan and dismiss them from their office in accordance
with law unless otherwise provided by this Statute. When appointing civil
servants and hiring employees, the Mayor shall ensure that the structure of the
civil service, as well as the structure of employees, is generally
representative of the composition of the population of the City, in accordance
with the Constitution and the relevant
laws.
2. The Mayor shall organise the City
Administration as economically and efficiently as possible, and shall divide it
into individual Departments. For this purpose, he/she shall prepare the Rulebook
on internal organization and general instructions on duty, which are approved by
the City Council. The Rulebook on internal organization shall envisage up to six
(6) Departments.
3. The Mayor has general policy making
powers over the Departments.
4. The Mayor shall in particular:
a) prepare and implement the decisions of the City Council;
b) solve the issues which are incumbent on him/her according to this
Statute;
c) apply the laws and regulations, which should be implemented by the City
upon instruction of the Canton or the Federation of Bosnia and Herzegovina;
d) prepare the budget plan, propose it to the City Council and implement it
according to the decisions of the City Council;
e) submit semi-annual and annual reports on the execution of the Budget
to the City Council. The semi-annual report shall contain, inter
alia, a comparative overview of the determined and actual revenues and
expenditures, and the proposed measures for improving the situation.
Pursuant to a request made by the City Council, more frequent reports may be
considered.
f) supervise the public institutions owned by the City and the
City-owned enterprises in accordance with the law;
g) ensure the co-operation between the City Administration and the Ombudsmen.
Article 44
Election of the Mayor
1. Only Councilors elected to the City
Council may be elected as Mayor.
2. The election of the Mayor shall be
carried out at the first session of the City Council after the Elections.
3. Every City Councilor shall be entitled
to nominate candidates from amongst elected Councilors.
4. Before the elections, the nominees
shall declare in writing that they accept their candidacy.
5. A majority of two-thirds of the
elected City Councilors shall be required to elect a Mayor. If none of the
candidates receives the necessary votes in the first round, a second round will
take place between the two candidates who obtained the largest number of votes
in the first round. If, due to a tie between candidates in the first round, it
is impossible to determine which two candidates received the highest number of
votes, a separate round will be organised between these candidates in order to
select the candidate(s) who will qualify for the second round. If none of the
remaining two candidates receives a two-third majority in the second round, a
third round shall take place. In the third round, a simple majority of the
elected City Councilors shall be required to elect a Mayor from the remaining
two candidates. If the remaining two candidates obtain the same number of votes
in the third round, the younger one of the two shall be elected as Mayor.
6. Immediately after the elections, the
elected nominee shall declare whether he/she accepts his/her election. If he/she
does not accept it, the elections shall be repeated in accordance with the
procedure prescribed in this Article.
Article 45
Removal from Office
1. The Mayor may be removed from office
before the end of his/her mandate by a City Council decision.
2. The motion shall require the support
of more than half of the elected City Councilors.
3. The decision on the removal of the
Mayor shall be passed at a special session of the City Council. A two-third
majority of the elected City Councilors is required.
Article 46
Inauguration and Attestation
1. After his/her election, the Mayor is
inaugurated in Office at a public session, and shall, by taking an oath,
undertake to conscientiously fulfil his/her duties.
2. He/she shall receive a certification
of appointment (Povelju) on his/her Appointment signed by the President.
Article 47
Incompatibility
When elected, the Mayor shall resign from his/her seat in the City
Council.
Article 48
Heads of Departments
The Heads of Departments shall be civil servants. The Heads of Departments
shall be appointed and dismissed by the Mayor in accordance with the law.
Article 49
Tasks of the Heads of Departments
1. The Heads of Departments shall meet at
a session, which shall be convened by the Mayor on a regular basis. When
convening a session, the Mayor shall enclose the agenda. The Heads of
Departments shall jointly discuss all the tasks incumbent on the City
Administration and make recommendations concerning the preparation and the
implementation of the City Council’s decisions for decision by the Mayor.
Minutes shall be taken at the session in accordance with the requirements
prescribed in this Statute. The aforesaid shall be further regulated by the
Rulebook on internal organization of the City Administration.
2. On the basis of the discussions and in
accordance with Paragraph 1, the Heads of Departments independently manage their
Departments within the framework of the Mayor’s policy-making powers.
Article 50
Compensation for the Mayor
For the exercise of his/her duty, the Mayor is entitled to receive salary and
allowances as determined by the City Council.
Article 51
The Chief Advisor of the City
1. The Mayor shall be entitled to a
Secretariat, which co-ordinates all preparatory and executive activities of the
entire City Administration, and assists the Mayor.
2. The Secretariat shall be managed by
the Chief Advisor of the City (hereinafter: “the Chief Advisor”), who is
appointed by the Mayor, after consultations with the Caucus of the Constituent
People to which the proposed candidate belongs with the consent of the City
Council.
3. The Chief Advisor shall participate in
all important administrative issues. Details shall be specified in instructions
on duty issued by the Mayor.
4. The Chief Advisor shall not come from
the same Constituent People as the President and the Mayor.
5. When appointed, the Chief Advisor
shall resign from his/her seat in the City Council.
CHAPTER III: BUDGET, PUBLIC COMPANIES AND INTERNAL
CONTROL
Article 52
Budget
1. The City has one single and unified
Budget where all revenues and expenditures shall be presented. The preparation,
adoption and execution of the Budget of the City shall be carried out in
accordance with the provisions of the Law on Budgets of the Federation of
Bosnia and Herzegovina, as well as other applicable laws.
2. Revenues of the Budget of the City
shall include, without limitations, direct and additional revenues, fees, tax
revenues, non-tax revenues and capital revenues. Revenues shall also include
revenues which belong to the City in line with the law and regulations of Bosnia
and Herzegovina, of the Federation of Bosnia and Herzegovina and of the Canton.
3. The Budget is a financial register of
plans and policy of the executive authority of the City.
4. The executive authority of the City
shall ensure that:
a) The Budget and its execution enable continuous realization of the tasks of
the City;
b) The execution of the Budget is correct and lawful, economical, efficient,
cost-effective and transparent;
c) All revenues shall be allocated in the Budget and registered through
sources from which they were collected, and that all expenditures defined in the
Budget are in balance with revenues.
5. In accordance with the Budget calendar
of the Federation of Bosnia and Herzegovina, the executive authority of the City
shall annually prepare and submit to the City Council the draft Budget, which
must contain an explanation for deliberation and adoption.
The draft Budget, among other things, shall contain:
a) A detailed projection of all revenues and expenditures;
b) Revenues and expenditures of every single budgetary beneficiary, in line
with the law and valid budgetary classifications;
Explanatory material relating to the Budget
shall include:
a) Detailed legislative bases for all revenues and expenditures which are
planned in the Budget for the following budgetary year;
b) Priorities and policies which determine development of the Budget,
prognosis of significant trends of revenues and expenditures, summary of current
debt obligations, relation between current debt and legal deadlines, as well as
reflection of such status to the current budgetary state and obligations, plan
of debt payment, description of process of collection of revenues of the Budget,
evaluation of the relations between revenues and expenditures of the Budget, and
guidelines for expenditures for the following budgetary year;
c) Review (itemised) of all budgetary beneficiaries, which would list all
employees who are on the payroll of the Budget of the City;
d) Highlights of the City Council’s remarks rendered on the annual report on
the execution of the previous year and corrective actions taken.
6. The City Council shall adopt the
Budget and the Decision on execution of the Budget of the City at the same time.
The decision on execution of the Budget closely defines issues such as
harmonization and uniformity of disbursement of public revenues, priorities,
method of submitting of report on execution, as well as other issues of
importance for the expenditures of budgetary means and the realization of
functions of the City.
Article 53
Public Companies
1. The City may establish, support, take over or extend public
companies if this is in the interest of its citizens. To this end, the City
needs to ensure that the company in question is capable of discharging the
required functions adequately and that it is proportional in size to the
economic viability of the City, as well as its requirements.
Article 54
Representation in Public Companies
1. In companies in which the City is the
sole shareholder, the supervisory board shall consist of representatives elected
by the City Council in accordance with the Law on Ministerial and Other
Appointments of the Federation of Bosnia and Herzegovina. The statute of the
company shall regulate the number of representatives.
2. If the City participates in a company,
the appointment principles prescribed in the previous paragraph shall apply to
the City representatives to be appointed to the supervisory board, where
applicable.
3. Companies referred to in Paragraph 1
and Paragraph 2, where applicable, shall be organised and shall operate in
accordance with the laws applicable to public companies.
Article 55
Internal Control
1. Internal Control is an independent and
objective appraisal function of control over the financial, material and
accounting business of the budget users, as well as over the legality and the
appropriateness of the use of budget resources, in order to ensure a proper,
economic, efficient and effective use of resources.
2. The Office of Internal Control has
direct access to the relevant department in charge of finance, the City
Administration, the institutions of the City and all other budget users.
3. The Office of Internal Control shall
be managed by the Chief of Internal Control.
4. The Chief of Internal Control shall be
responsible to the City Council for his/her and the work of the Office.
5. The Chief of Internal Control shall be
appointed and dismissed upon recommendation of the Finance and Budget Committee
with the approval of the City Council. The selection of the Chief of Internal
Control needs to be transparent and merit-based. The Chief of Internal Control
has to possess relevant qualifications and proven experience in auditing.
6. The Mayor may remove the Chief of
Internal Control only with the consent of a two-third majority of the elected
City Councilors.
7. The internal organization of the
Office of Internal Control shall be determined in the Rulebook on Internal
Organisation.
8. The Office of Internal Control
conducts regular internal controls of all City institutions, and should prepare
and submit a quarterly analysis on the execution of the Budget to the Mayor in
order to assist him/her in the preparation of the reports referred to in Article
43, Paragraph 4, item e) of this Statute. The said quarterly analysis
shall also be presented to the City Council. Such analysis shall contain,
inter alia, a comparative overview of the determined and actual revenues
and expenditures, as well as the proposed measures for improving the situation.
Recommendations and proposed measures for improvement that are made by the
Office of Internal Control must be swiftly implemented upon presentation if they
are in the framework of the paragraph 9 and 12 of this Article.
9. In particular, the Office of Internal
Control presents an opinion on the annual report on the Budget execution
presented by the City executive. Such report scrutinizes, inter
alia:
a) If the Budget plan has been adhered to;
b) If all financial transactions are properly recorded and accounted for;
c) If all revenues and expenditures have been undertaken in accordance with
rules and regulations;
d) If the documents are complete and correct.
10. In addition to the annual report on the Budget execution, the
Office of Internal Control scrutinizes on a continuous basis all accounts in
order to ensure that the statement of accounts presents accurately the financial
position of the City and its revenues and expenditures for the year in question
and complies with all legal requirements.
11. On a continuous basis, the Office of Internal Control
supervises all accounts. In case of electronic data processing, it must control
the mechanisms before they enter into operation.
12. The Mayor, City Chief Advisor, Head of the relevant
department in charge of finance or the City Councilors can assign other tasks to
the Chief of Internal Control as deemed necessary, relating to the scrutiny of
tenders, to the proper and economic functioning of the Administration or to the
City’s involvement in public companies.
CHAPTER IV: LAND DEVELOPMENT AND CONSTRUCTION LAND
Article 56
Distribution of Allocated Construction Land Revenues
1. Decisions on the distribution of
revenues derived from compensations for allocated city construction sites, for
the development of city construction land plots, and for the use of allocated
construction sites (hereinafter: Land Allocation Compensation) within the City
shall be determined pursuant to procedures established by this Statute in
accordance with applicable laws.
2. Revenues referred to in Paragraph 1
shall be redistributed for the benefit of City Areas from which the revenue is
derived in the amount of 80%, and for the benefit of the City as a whole in the
amount of 20%.
3. Revenues derived from Land Allocation
Compensation shall be used for paying expenses of further land development, the
production of planning documentation, and as prescribed by the Law.
4. Decisions on the distribution of
revenues derived from Land Allocation Compensation within the former Central
Zone shall be determined by the City Council in accordance with applicable laws.
The aforementioned revenues shall be reinvested into the former Central Zone in
the amount of 80%.
5. Decisions on the distribution of
revenues derived from Land Allocation Compensation within each City Area shall
be determined by the relevant City Area Committee for a City Area, in accordance
with Article 38 of this Statute.
6. Each Committee for a City Area shall
forward to the City Council a report on pending, denied and adopted decisions on
the use of revenues for further land development at the end of each month.
The City Council shall endorse, by a majority of votes of elected Councilors,
the report of each Committee within 15 days of its submission. Should the
City Council fail to do so, the report of each Committee, and the decisions
contained therein, shall become valid and fully enforceable on the
16th day after its submission.
7. Each Committee for a City Area shall
submit, every six months, a report outlining all revenues derived from Land
Allocation Compensation, as well as the distribution of such revenues and
detailing beneficiaries of such distribution to the Chief of Internal Control.
The Chief of Internal Control will present annually an analysis of the revenues
derived and their use, highlighting any identified irregularities, to the City
Council.
CHAPTER V: FINAL REGULATIONS
Article 57
Publication and Entry into Force
This Statute shall be published in the Official Gazette of the City of Mostar
and Herzegovina-Neretva Canton. This Statute shall enter into force on the
15th March 2004.
Article 58
Amendments to the Statute
This Statute can be amended by a majority of two-thirds of the elected City
Councilors.
|
