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Draft
Statute of the City of Sarajevo
Sarajevo, 27 March 1997
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CHAPTER I : COMMON PROVISIONS
Article 1 Principles
- This Statute regulates the right and obligation to decide on the
interests and needs of citizens of the City of Sarajevo and the
City-Municipalities, the reflection of the multi-ethnic structure of
Sarajevo within the bodies of the City of Sarajevo, the scope of the
local self-government, the organisation, the inner structure and
competence of the City of Sarajevo and City-Municipalities, the
participation of citizens in affairs of local self-government, the
financing of the City and the City-Municipalities, as well as other
important issues, rights, obligations and responsibilities referring to
the City of Sarajevo and the City-Municipalities.
- In performing their tasks, the City of Sarajevo and the
City-Municipalities are obliged to respect the basic rights of all
people, as well as their fundamental freedoms according to Chapter II of
the Constitution of the Federation of Bosnia and Herzegovina, to grant
equal rights to all inhabitants taking into consideration their
national; religious and cultural identity, and to foster their peaceful
coexistence.
Article 2 Self-Government
The City of Sarajevo and the City-Municipalities foster the welfare of
its inhabitants in free self-government through their organs elected by
the citizens.
Article 3 Legal position
- The City of Sarajevo (hereafter: the City) is a legal entity, formed
in accordance with the provisions of Chapter VI.B of the Constitution of
the Federation of Bosnia and Herzegovina. It can, on its own behalf,
make commitments and take on commitments; charge and be charged in
Court.
- The City and the City-Municipalities have their own seals. Until the
competent organs decide otherwise, the seal with the text "Bosnia and
Herzegovina", "Federation of Bosnia and Herzegovina", "Sarajevo Canton"
and the addition "The City of Sarajevo" is used. The City-Municipalities
have the seal which apart from name "Federation of Bosnia and
Herzegovina", "Sarajevo Canton" and "The City of Sarajevo" carries the
names of the City-Municipalities according to Article 5 of this Statute.
Article 4 Name
The name of the City is: "The City of Sarajevo".
Article 5 Territory of the City
- The City of Sarajevo encompasses the municipalities: Centar, Novi
Grad, Novo Sarajevo and Stari Grad (hereafter: the city municipalities)
with their territories.
Article 6 Tasks of the City
- The City has the right and obligation to provide the necessary public
institutions and facilities for its citizens, within its financial,
personnel and material abilities.
- The City is competent for:
- City finances ,
- Urban planning/local land use ,
- Public services/infrastructure (such as water, sewage, garbage collection, heating, gas, markets, public parks,
fire-brigade, local health services, sports, installations, graveyards),
- Public transport,
- Culture,
- Primary and secondary education,
- Local business,
- Charitable organisations,
- Local radio and television,
- Local tourism,
- Executive aspects of housing policy (such as allocation of apartments, planning, building and maintenance of
publicly owned buildings, decision on the level of rents)
- Other responsibilities assigned to the City by the Canton or municipalities
Article 7 Issues of vital national interest
- Culture, education, religion and national monuments are issues of
"vital national interest". Legislative decisions in the City Council in
an area of "vital national interest" are taken in accordance with
Article 23. of this Statute.
- There are no automatic "vital national interests" in other fields. As
an exceptional rule, in the fields of housing affairs,
infrastructure/public services and local land use, a specific decision
might affect the "vital national interests" of the Bosniacs, Croats and
the group of the Others.
- In such a case, the group concerned has to present convincing
sustained evidence for its "vital national interest" being infringed
upon. On the basis of such evidence, Article 23. shall apply in an
analogous way.
Article 8 National and International Co-operation
The City has the right to join and to enter bilateral co-operation with
national and international associations of cities and municipalities, as
well as with cities and municipalities.
Article 9 Mechanisms of Local Self-Government
The City regulates the issue of the local self-government by means of
decisions by its organs and its citizens.
CHAPTER II: ORGANS OF THE CITY
Article 10 Organs
Organs of the City and the City Council and the Mayor.
Part one: The Council
Article 11 Composition of the City Council
- The City Council is composed of 28 members, who carry the title of
"City Councillor". The Municipal Councils of the four
City-Municipalities shall each nominate 7 delegates to the City Council,
from among the municipal councillors.
- The duration of mandate of the City Councillors shall be the same as
the mandate of the municipal councillors from the municipalities which
form the City.
- Bosniacs, Croats and the group of Others shall each be guaranteed a
minimum of 20% of seats in the City Council, regardless of election
results.
Article 12 Competences of the City Council
- The City Council is the highest organ of the City, and according to
Article 6 of this Statute, it is competent for all important issues of
the City.
- The City Council supervises the entire administration of the City. It
is entitled to have an overview of the implementation of its
resolutions, especially regarding the management of the City revenues
and expenditures. For this purpose, it can, upon the request of a Party
Group or a quarter of its members, form a Committee, which can examine
documentation in the premises of the city administration. The Committee
must submit a report on results of the examination.
- Each City Councillor is entitles to put a motion on all affairs
regarding the City and all the points on the agenda.
- As for the rest, the regular supervision of the City Administration,
running of the Mayor's office and the City Government, is carried out by
means of the exercise of the right to ask questions concerning the
points on agenda at sessions, as well as by means of the written
inquires. The Mayor is obliged to answer the inquires within one-month
deadline at the latest. Apart from this, he must, on his own initiative
, keep the City Council informed about important issues.
Article 13 Independence
The City Councillors perform their duty according to their free
convictions directed only to the welfare of the City, its
City-Municipalities and inhabitants. They are not bound to follow
anybody's orders, instructions or wishes.
Article 14 Conflict of Interest
- No City Councillor can be involved in discussions or decisions on
issues in which the decision could directly favour or harm him or his
family.
- The family in the sense of Paragraph 1 is:
- fiancé(e),
- spouse or former spouse
- relative and in-laws in the direct
- brothers and sisters
- children or brothers and sisters,
- husbands and wives of the brothers and sisters, as well as brothers
and sisters of husband and wives,
- brothers and sisters of the parents.
- According to Paragraph 1, a person hired, except on voluntary basis,
or employed with a remuneration, by someone who in this matter has a
special personal or economic interest, is also excluded from the
participation.
- Paragraphs 1 to 3 do not apply if the City Councillor concerned
participates only as a member of a professional, religious and national
community, whose common interests are related to the matter.
- If there is a doubt whether there is conflict of interest in a
particular case, the City Council decides by a simple majority. Every
City Councillor must consider whether conflict of interests are present
in his case. Before handling an issue, every City Councillor can put
motion in the City Council for passing a decision on whether there is
conflict of interest concerning one or more other City Councillors. If
the motion is not put, or if conflict or interest is not determined
before discussions and voting on an affair, the decision remains valid
also in the case it is later determined that there was conflict of
interest.
Article 15 Secrecy
- The City Councillors are obliged to keep secret in official matters,
which, by their nature or upon explicit decision of the City Council,
should be handled as confidential.
- This is still applicable when they have withdrawn form the City
Council.
Article 16 Determining of Quorum
The basis for determining the quorum is the member of the City
Councillors.
Article 17 Convening the City Council
- The City Council meets for the first time within a two-week period
after the nomination of the City Councillors, and thereupon as often a
necessary, however, at least once every month. It must be convened
without delay whenever one third of the City Council members submit a
written request including the agenda. The request is submitted to the
Chairman of the City Council.
- The City Council is convened for the first session after the
nomination of the City Councillors by the oldest member.
- When convening the session, the Chairman must propose an agenda.
Article 18 Chairman and Vice-Chairmen of the City Council
- At the first session of a new legislative period, the City Council
elects, by simple majority, Chairman among its members, who carries the
title of "Chairman of the City Council", and two Deputies, who carry the
title of "Vice-Chairman of the City Council". Until the Chairman is
elected, the sessions in the City Council are chaired by the oldest
member of the City Council.
- Each Vice-Chairman is elected from a different group than the
Chairman and the other Vice-Chairman.
- The mandate of the Chairman or Vice-Chairman of the City Council
terminates with the expire of the mandate of the City Councillors. The
Chairman and Vice-Chairmen can be dismissed earlier by two-third
majority of votes of the City Councillors. It this case, a by-election
should follow.
Article 19 Tasks, Rights and Obligations of the Chairman
- The Chairman of the City Council represents the City Council.
- The Chairman convenes the City Council in writing with the
announcements of the agenda which he proposes. At least 3 days must pass
between submitting of invitations and the day of session. Issues which
are not on the agenda can be discussed and decided upon only if the
simple majority of the City Councillors agree to it. If this quorum is
not achieved, the Chairman has to propose the point for the agenda of
the next session.
- The Chairman chairs the sessions of the City Council, gives the
floor, takes care that the sessions are carried out in an orderly way
and exercises domestic authority.
- Personnel and material means necessary for performing his duty shall
be put at the disposal of the Chairman by the City of Sarajevo. The
office is run by the Secretary of the City Council. The Secretary and
the office associates are employees of the city administration, and they
are subject to the instructions of the Chairman.
- The Vice-Chairmen support the Chairman in exercising his duties and
represent him in his absence on an alternate basis.
Article 20 Publicity of the Sessions
The sessions of the City Council shall be public and they shall be
announced to the public timely in the proper form. Upon request, the
city Council can exclude the public on particular matters. The request
is discussed and decided upon at a session not open to the public. The
result is announced at a public session. The details are specified by
the Rules of Procedure.
Article 21 Participation of the Mayor and the City Government
- The Mayor and the City Government participate in the sessions of the
City Council, but are not eligible to vote. The Mayor has the right to
speak at any time on any point of the agenda. After being requested, he
is obliged to give the City Council information on all issues discussed.
- On certain points, the Mayor can delegate his rights and obligations,
according to Paragraph 1, to a competent member of the City Government.
- In cases specified in Article 29, paragraphs 3 to 6, the Deputy
Mayors have also the right to speak at any time.
Article 22 Quorum
- The City Council can pass resolutions if more than half of the
elected City Councillors are present, or necessary two-thirds majority
of elected City Councillors when the issues which according to this
Statute demand two-thirds majority are discussed. The Chairman of the
City Council must determine the quorum at the beginning of the session.
It is assumed to exist until the opposite is determined upon the
request.
- If a certain issue has been deferred because of the quorum of the
City Council, and if a session on the same issues is convened anew, it
is considered that there is a quorum in the City Council, regardless of
the number of the present City Councillors. This is not applied in case
of the affairs for which a two-third majority is required according to
this Statute or laws.
Article 23 Voting
- The resolutions are passed by the majority of votes of present
councillors. Voting is conducted by open ballot, unless the opposite is
explicitly determined or if the City Council decides on voting by secret
ballot upon request of one of its members.
- If the issue which is being voted concerns an issue of "vital
national interest" of one of the group of Bosniacs, Croats and the
Others, a majority, including at least 4 City Councillors from the
Bosniacs, Croats and the group of Others, respectively, shall be
required.
- If there is no agreement whether or not a decision is of "vital
national interest" as defined in Articles 7, a commission of three
eminent persons shall take a binding majority decision on the matter
within 24 hours.
- The commission shall be composed of one representative of each
constituent people, to be elected by the Bosniac and Croat members,
respectively, of the City Council at the beginning of each legislative
period, and of an eminent judge, jointly to be chosen by the two elected
members within 48 hours after their election.
- If, within this time frame, they cannot reach agreement on the
election of the third member, the Constitutional Court of the Federation
of Bosnia and Herzegovina shall, within a further period of 48 hours,
choose the third member.
Article 24 Committees
- The City Council forms Committees out of its members, which shall not
be from the same political party, in order to prepare its resolutions.
- The Committees are formed according to proportion of Party Groups'
strength. They nominate as many members of the Committees as they are
entitled and submit the names to the Chairman of the City Council in
writing. If a member of a Committee withdraws from his office, the party
Group concerned nominates a new member. The Committee members can
authorise other City Councillors who belong to their Party Group to
represent them in a particular case.
- the Committees elect the Chairman and the deputy among its members.
- The Chairman of the City Council, as well as the Vice-Chairmen, can
participate in all Committee sessions without the right to vote, and
other City Councillors can participate as listener even in the sessions
closed for the public.
- In principle, the mayor must participate in the sessions of the
Committees. He can authorise a particular member of the City Government
to represent him.
- As for the rest, the provisions concerning the City Council are
accordingly applied to the Committees.
Article 25 Minutes
- The minutes of the essential contents of discussions and resolutions
by the City Council and its Committees shall be taken. It should be
evident from the minutes who was present at the session, which points
were tackled, which resolutions were passed or which elections were
carried out.
- The minute-taker is the Head of the office of the Chairman of the
City Council, in case he is prevented from attending, some other
employee from the office or an associate of the City Administration, who
must be appointed by the Mayor upon the request of the Chairman of the
City Council or the Chairman of the Committee.
- The minutes must be signed by the minute-taker and by the Chairman at
sessions of the City Council, by the Chairman of the Committee at
sessions of the Committees, and delivered to the Mayor, as well as to
all participants in the sessions.
Article 26 Rules of Procedure
The City Council passes its own Rules of Procedure, which regulate its
internal affairs, as well as affairs of the Committees. The Rules of
Procedure particularly refer to the provisions maintaining the orderly
course of the session, to the form of invitations, to the details on
invitation periods, to the seating arrangements, to the formal
procedures at voting and elections, as well as to the general course of
the work. The provisions of the Rules of Procedure must not contradict
this Statute.
Part two: The Mayor
Article 27 Representing the City
- The Mayor represents the City.
- The statement of the City are made by the Mayor. If the City is
thereby bound by law, it is necessary to put them in writing with the
official seal.
Article 28 Tasks of the Mayor
- The Mayor is responsible for the orderly functioning of the city
administration, within the limits of financial means earmarked by the
City Council. He runs the city administration and is superior to all
employees of the City. He appoints them, promotes them taking into
consideration the staff plan and dismisses them from their office in
accordance with laws in force.
- When employing people, the Mayor must see to it that the distribution
of posts will be done in an equitable manner, so as to secure the
special multi-ethnic character of the City also in its administration.
- The Mayor must organise the City Administration as economically and
efficiently as possible, see to orderly functioning of the
Administration, and divide it in individual departments, in accordance
with Article 6 of this Statute. For this purpose, he must issue an
organisational plan and general instructions on duty, in close
consultation with two Deputy Mayors. Article 29, paragraph 4 of this
Statute must be observed.
- The Mayor can assign additional tasks to the individual departments
according to paragraph 3. He has general policy making powers over
departments.
- The Mayor should in particular:
- prepare and implement the resolutions of the City Council;
- solve the issues which are incumbent on him according to this Statute;
- apply the laws and regulations, which should be implemented by the
City;
- produce the Budget Plan and implement it according to the resolutions
of the City Council;
- supervise public institutions and facilities, City enterprises, as
well as the City assets;
- make sure the rights of the inhabitants of Sarajevo, specified in
Article 1 Paragraph 2, are respected;
- ensure the co-operation between the city administration and the
Ombudsmen according to Chapter II B of the Constitution of the
Federation of Bosnia and Herzegovina;
- foster the co-operation of the City-Municipalities. For this purpose,
he has to convene a meeting at least once a month, at which the Chairmen
of City-Municipalities should take part. The results of the meeting
should be recorded in the Minutes on Results.
Article 29 Deputy Mayors
- The Mayor has two Deputies. The two Deputies will represent the mayor
in his absence on an alternate basis. They carry the title of "Deputy
Mayor".
- The Mayor shall constantly inform his Deputies about all current
issues.
- The co-signatures of the Deputy Mayors are necessary on all
proposals, which must be submitted to the City Council to decide upon.
If they do not sign due to their divergent opinions, they are obliged to
substantiate it in writing. The proposal together with the substantiated
divergent opinion in writing must then be forwarded to the City Council
for decision.
- The consent of the Deputy Mayors is necessary for all important
decisions, especially concerning the organisation of the Administration,
issuing of the general instructions on duty, as well as employing and
dismissing the staff. If the consent is not given, the Deputy Mayors are
obliged to substantiate their divergent opinion in writing, and the
matter is presented to the City Council for decision. In such cases, the
Deputy mayors have the right to speak in the City Council. The Deputy
Mayors decide what an important decision is along the lines of this
provision.
- In case urgent decisions should be made due to the nature of the
issue, which cannot wait, the mayor is entitled to reach a decision on
his own, if it is not possible to obtain the consent of the Deputy
Mayors in time. The Deputy Mayors have to be informed about the Mayor's
decision as soon as possible.
- In other case, if it is necessary to make an urgent decision, which
cannot wait, the Mayor has exclusive right also in presence of the
Deputy Mayors in the case of dissent to decide immediately. The City
Council has to be informed about the decision and the divergent opinion
of the Deputy Mayors.
Article 30 Election of the Mayor
- Every citizen of Bosnia and Herzegovina eligible to vote, can be
elected Mayor.
- The election should be carried out at the first session of the City
Council at the beginning of each new term of the office of the City
Councillors.
- Every City Councillor is entitled to nominate candidates.
- Before the election, the nominees are obliged to declare in writing,
that they are available as a candidate and will accept it.
- A majority of more than half of votes from the elected City
Councillors is required to be elected Mayor. If none of the nominees
receives the necessary votes in the first ballot, a second ballot from a
short list of two candidates who polled the largest number of votes is
carried out. If the two candidates on the second place polled the same
number of votes, the decision who will take part in the second election
is reached by drawing of lots, unless one of the candidates renounces.
If this ballot ends in a tie, the Chairman of the City Council reaches
the decision by the drawing of lots.
- Immediately after the election, the elected should declare whether he
accepts his election. If he does not accept it, the election is repeated
among the remaining candidates.
Article 31 Term of Office
The mandate of the Mayor shall last 2 years.
Article 32 Removal from Office
The Mayor can be removed from his office before the expiration of his
mandate by a City Council resolution. The motion should be supported by
more than half of the elected City Councillors. The resolution on the
Mayor's removal from office must be passed at a special session of the
City Council. A two-third majority out of the elected City Councillors
is required.
Article 33 Election of the Deputy Mayors
- Each Deputy Mayor must belong to a different group (Bosniacs, Croats,
or the group of the Others, respectively) than the Mayor and the other
Deputy Mayor. They are elected and removed from office according to the
same procedure applied in the election and removal from office of the
Mayor.
- The mandate of Deputy Mayors shall last 2 years.
Article 34 Inauguration and taking the oath
- After their election, the Mayor and Deputy Mayors are inaugurated in
office at a public session, by taking the oath before the Chairman of
the City Council.
- They receive the Charter on their appointment signed by the Chairman
of the City Council.
Article 35 Incompatibility
If a member of the City Council or one of the four City-Municipalities
Councils is elected Mayor for Deputy Mayor, he must resign his seat
before the inauguration of the office.
Article 36 City Government
- The City Government consists of Mayor, Deputy Mayors and Heads of
Departments. The City Government is an auxiliary organ of the Mayor. The
Mayor is the Head of the City Government.
- In the City Government, Bosniacs, Croats and the group of the Others
shall each receive a guaranteed minimum of 15 to 20 % of positions.
- The Heads of Department are appointed by the Mayor with the consent
of the Deputy Mayors, and they can also be dismissed by him, with the
consent of the Deputy Mayors and in accordance with the law.
- When appointing Heads of Departments, the mayor must respect
Paragraph 2 of this Article. Further on, he must check whether Heads of
Departments are professionally suitable for the tasks they should
fulfil.
Article 37 Tasks of the City Government
- The City Government meets, as a rule, once a week at a session which
must be convened by the Mayor, with an agenda enclosed. The members of
the City Government jointly discuss all the tasks incumbent on the City
Administration and give recommendations concerning preparations and
implementation of the City Council's resolutions to the Mayor for him to
decide upon. Minutes should be taken at the sessions. Details are
specified by the Rules of Procedure produced by the Mayor.
- On the basis of the discussions and in accordance with Paragraph 1,
the Heads of Departments manage their departments independently within
the framework of the Mayor's policy making powers.
Article 38 Compensation
Holders of an office in the City Government should be paid an
appropriate monthly compensation for the time, work and the material
means involved, which should be determined according to the
responsibilities in the office. It is presumed that the office in the
City Government is a full-time engagement. The City Council decides on
the amount of the compensation.
Article 39 Secretary of the City
The Office of the City, run by a Secretary, co-ordinates all preparatory
and executive activities and assists the Mayor. The Secretary, who is
appointed by the Mayor, shall perform his function as full-time employee
and for an unlimited period of time. Details are specified in
instructions on duty issues by the Mayor.
CHAPTER III: CITY MUNICIPALITIES
Article 40 Organs
Organs of the City-Municipalities are the Municipal Council and the Head
of the Municipality.
Article 41 Tasks
The Municipalities within the City are legal entities. They issue their
own Statute. They are responsible for activities in the field of social
affairs, and registry (cadastre), registry of births, marriages, as well
as certain functions that may eventually be transferred from the
Federation Ministry of the Interior, e.g. the registration of persons.
Article 42 Co-operation of the City-Municipalities
- In accordance with the Constitution and the law, the
City-Municipalities have the right to mutual cooperation when performing
the tasks of mutual interest.
- The City of Sarajevo has to be notified about the agreements
according to paragraph 1.
Article 43 Participation of the mayor at the session of the City-Municipal Council
The Mayor of the City must be informed of the sessions of the
City-Municipal Council. He can participate in the sessions or can
authorise a member of the City Government to represent him. Upon the
explicit request he is obliged to participate. He has the right to
speak.
CHAPTER IV: OUTLYING MUNICIPALITIES
Article 44 Co-operation of the outlying Municipalities
- In order to ensure the proper functioning of the City public services
and enterprises, which compraise to a large extent objects situated in
Ilidza and other Municipalities, outlying Municipalities shall be
obliged by legislation not to hinder of to interfere with the operation
of these services and enterprises by the City.
- This shall pertain to public services dealing with water supply,
sewage, public transport and other public services.
- The City undertakes to supply neighbouring Municipalities with such
services as agreed upon. The Municipalities will participate in the
financing of these services to the extent that they profit from them.
CHAPTER V: TRANSITIONAL AND FINAL REGULATIONS
Article 45 Duration of Mandate in the Transitional Period
The Mayor and the City Councillors elected in the transitional period
shall remain in office until the first local elections in the
municipalities which form the City have been carried out.
Article 46 Adoption of the Statute
The Statute shall be adopted at the first session of the City Council by
a two-thirds majority of elected councillors.
Article 47 Public Announcement
Public announcement of this Statute is made in the official gazette.
Article 48 Amendments to the City Statute
- Amendments to Articles 3(1),5,6(2), 7,11,18(2),23(2)-(5),
28(2),33(1),36(2), 41, 44 and 48 shall be adopted a two-third majority
of the City Councillors, including at least 4 City Councillors from the
Bosniaks, Croats and the group of the Others respectively.
- Amendments to other Articles of this Statute shall be adopted by a
two-third majority of the elected City Councillors.
- In light of the practical experience gained with the organisation of
Sarajevo, provisions of the Articles referred to in paragraph 1. of this
Article shall be reviewed by the Federation partners at the end of the
current Cantonal legislative period.
Article 49 Entry into Force
This Statute comes into force by the day of its publication in the
Official Gazette.
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