LAW
ON GOVERNMENT OF BRCKO DISTRICT
OF BOSNIA AND HERZEGOVINA
CHAPTER 1
GENERAL PROVISIONS
Article 1
(Subject of the Law)
This Law shall define organization, competence, manner of work, term of the Government of Brcko District of BiH (hereinafter: the Government) and members of the Government as well as rights and obligations of the Government members.
Article 2
(Function of the Government)
(1) The Government shall have executive powers in the Brcko District of Bosnia and Herzegovina (hereinafter: the District), in accordance with the Statute of the District (hereinafter: the Statute) and the Laws.
(2) Members of the Government shall perform their duties in accordance with the Statute, laws and the Code of Ethics.
Article 3
(Composition of the Government)
The District Government shall be composed of Mayor, Deputy Mayor, Chief Coordinator and Heads of Departments.
Article 4
(Seat of the Government)
The seat of the Government shall be the town of Brcko.
Article 5
(Seals)
(1) Mayor shall have a round seal containing the text: “Bosnia and Herzegovina, Brcko District of Bosnia and Herzegovina “Mayor”, in round print in Cyrillic and Latin alphabets, and with the coat of arms of Bosnia and Herzegovina imprinted in the middle of the seal.
(2) Government shall have a round seal containing the text: “Bosnia and Herzegovina, Brcko District of Bosnia and Herzegovina “Government”, in round print in Cyrillic and Latin alphabets and the coat of arms imprinted in the middle of the seal.
(3) The Departments shall have a round seal containing the text: “Bosnia and Herzegovina, Brcko District of Bosnia and Herzegovina”, in round print in Cyrillic and Latin alphabets, with title of Department in the middle of the seal and imprinted coat of arms of Bosnia and Herzegovina.
(4) All enactments passed by the Government shall be certified with the Government’s seal and signed by the Mayor.
(5) All official documents by the Mayor, Deputy Mayor and Chief Coordinator shall be certified with the Mayor’s seal and those by the heads of the departments shall be certified with the seal of the Department.
Article 6
(Cooperation with the Institutions of BiH and the Entities)
The cooperation of the Mayor and Government with the institutions of Bosnia and Herzegovina and the Entities shall be based on rights, duties and responsibilities determined by the Constitution and the laws of BiH as well as the Statute and the laws of the District.
Article 7
(Cooperation with Other Bodies and Institutions of the District)
The Government shall cooperate with the District Assembly (hereinafter: the Assembly), Courts and other bodies and institutions of the District in accordance with the laws and regulations led by public interests of the District residents.
Article 8
(Transparency of Work)
The Government shall be obliged to enable public to have an insight into its work in accordance with the law regulating free access to information of public interest and the Rules of Procedure of the Government and other bylaws.
Article 9
(Publishing of Government Enactments)
Enactments of the Government shall be published in the “Official Gazette of Brcko District of BiH” if stipulated by this law or other regulation or if the Government decides so in the process of enactment thereof.
CHAPTER II
GOVERNMENT
Article 10
Competences
The Government shall have the following competences:
a) shall implement the District policy and implement the laws, other regulations and general enactments in accordance with the Statute of the District;
b) shall approve draft laws and other regulations to be proposed by the Mayor to the Assembly for adoption;
c) shall pass the budget proposal;
d) shall pass enactments on criteria and manner of allocating grants
e) shall vote on draft laws, other regulations or general enactments proposed to the Assembly by other proponent;
f) shall pass legal enactments in order to ensure the implementation of the laws;
g) shall approve the Government work report and work program;
h) shall form working bodies within its competence;
i) shall perform other duties in accordance with the Statute and the laws.
Article 11
Enactments of the Government
(1) The Government shall pass decisions, books of rules and conclusions.
(2) The decision shall stipulate measures and shall regulate other issues within the Government competence.
(3) The book of rules shall elaborate on provisions of the laws and other regulations in order to ensure the implementation thereof.
(4) The conclusion shall define specific measures as well as tasks to be carried out by the Departments and other administration bodies.
Article 12
(Convening of Sessions)
(1) The Government shall work in sessions convened and chaired by the Mayor.
(2) Government sessions shall be held on a regular basis at least once a week.
(3) The Mayor shall convene the extraordinary session at the request of minimum five members of the Government or when he/she decides it is necessary to do so.
Article 13
(Quorum)
(1) Only Government members shall be entitled to make decisions in Government sessions.
(2) The Government can make decisions if a session is attended by the majority of Government members.
(3) If a Government member is unable to attend the government session, he/she shall be obliged to submit to the Mayor a written justification which contains the reasons for his absence, name of a person replacing him/her with the instruction on a manner of voting regarding individual items on the agenda.
Article 14
(Passing of the Government Enactments)
The Government shall pass enactments:
a) by three fifths majority of votes out of total number of Government members when deciding upon the following:
1. annual budget of Brcko District of BiH or any amendments thereto, including also affirmative votes by: Mayor, Deputy Mayor and Heads of Departments of Administrative Support, Education, Health Care and Public Works;
2. draft laws in the field of education, religion, language and culture, including also affirmative votes by: Mayor, Deputy Mayor and Heads of Departments of Administrative Support, Education, Economic Development, Spatial Planning and Property Affairs and the Department of Displaced Persons, Refugees and Housing Issues;
3. draft laws and other issues which the Assembly decides upon and when passing its Rules of Procedure;
b) by simple majority of votes of the attending members of the Government on other issues within the competence of the Government.
Article 15
(Government Rules of Procedure)
(1) The Government shall pass its Rules of Procedure.
(2) The Rules of Procedure referred to in paragraph (1) of this Article shall regulate in detail the manner of work, decision making and other issues of importance to Government’s work.
CHAPTER III
MAYOR AND MEMBERS OF THE GOVERNMENT
SECTION A
Mayor
Article 16
(Competences of Mayor)
The Mayor shall have the following competences:
a) The Mayor shall represent the District in accordance with the Statute.
b) The Mayor shall chair the Government and shall be responsible for scheduling and chairing of the Government sessions.
c) The Mayor shall be responsible for implementation of Bosnia and Herzegovina and District laws.
d) The Mayor shall report to the Assembly for proper management and administering of the District.
e) The Mayor shall declare appointments, promotions and dismissals of all employees of the Government and Public Administration in accordance with the law except when otherwise regulated by the Statute or the laws.
f) The Mayor shall, on behalf of the Government:
- submit draft laws and provide proposals to the Assembly,
- propose the District budget and submit financial reports to the District Assembly,
- perform other duties in accordance with the Statue and the laws.
g) The Mayor shall have executive powers entrusted to him/her in accordance with the District Laws.
h) The Mayor shall organize the Government and pass an organizational plan.
i) The Mayor shall submit to the Assembly an annual report on Government’s work and shall propose a Government’s work program for the following year.
j) The Mayor shall submit to the Assembly the Reports on Administering and Disposal of District’s Public Property.
k) The Mayor shall submit quarterly and annual reports on budget execution.
l) The Mayor shall be the most senior manager to all employees in
the Government and Public Administration of the District.
m) The Mayor shall provide guidelines and shall harmonize the work of the departments.
n) The Mayor shall declare the state of emergency in cases of life and health hazards, threats to property in the District as well as in other cases stipulated by the law. Measures undertaken during the state of emergency must be in compliance with the Statute, laws and other regulations of the District.
o) The Mayor shall form working bodies within his/her competence.
p) The Mayor shall inform the public and media.
r) The Mayor shall sign the Government enactments.
s) The Mayor shall perform other duties entrusted to him/her by the Statute and laws of the District.
Article 17
(Mayoral Enactments)
(1) The Mayoral enactments shall be the following: decision, book of rules organizational plan, directive, instruction, resolution and order.
(2) A decision shall be a legal enactment which the Mayor shall pass when exercising his/her competences.
(3) A book of rules shall elaborate on provisions of the laws and other regulations in order to ensure the implementation thereof.
(4) An organizational plan shall be an enactment which shall regulate the internal organization of the Mayor’s Office and the Government Departments.
(5) A directive shall stipulate the manner of work and performance of duties by administrative bodies, legal persons and citizens in the implementation of the law.
(6) An instruction shall be an enactment passed by the Mayor when performing his/her duties regulating the work of the Government and administration in relation to the application of the law.
(7) A resolution shall be an individual enactment passed by the Mayor when exercising his/her competences deciding upon rights and obligations of the servants and employees as well as in other cases stipulated by the law.
(8) An order shall be a general enactment by which the Mayor, for the sake of implementation of the law, other general enactments of the Assembly or the enactments that he/she passes, shall order or prohibit proceedings in a certain situation of general importance.
Article 18
(Publishing of Mayoral Enactments)
The decision, book of rules, directive and order shall be published in the “Official Gazette of the Brcko District of BiH”.
SECTION B
Government Members
Article 19
(Competences of the Deputy Mayor)
The Deputy Mayor shall have the following competences:
a) shall assists the Mayor in performance of his/her duties and shall represent the Mayor in his/her absence and shall act in lieu of the Mayor if he/she is prevented from doing so;
b) shall have executive powers stipulated in the District laws;
c) shall ensure efficient work of Public Administration and shall issue binding orders in that regard;
d) shall coordinate preparation, presentation, adoption and execution of the budget;
e) shall ensure functioning of the internal control system in bodies and institutions of the District;
f) shall supervise implementation of the main infrastructure projects;
g) shall coordinate fulfilling of obligations and duties of the Government related to strategic investments in the District;
h) shall ensure defining and implementation of the concept and implementation plan of the proactive and long-term cultural policy;
i) shall monitor and ensure independence of proceedings upon the citizens’ complaints;
j) shall conduct continuous political and strategic analysis.
Article 20
(Competences of the Chief Coordinator)
(1) The Chief Coordinator shall be responsible for coordinating activities which require cooperation by several Government Departments and coordinating activities between the Government, Public Administration and other District institutions.
(2) The Chief Coordinator shall assist the Mayor in efficient implementation of the Government’s Policy and ensures efficient management of Government activities in accordance with the Mayoral instructions.
(3) The Chief Coordinator shall be authorized to issue binding orders within his/her competences to the public administration bodies with the Mayor’s approval.
(4) The Chief Coordinator shall work under direct supervision of the Mayor.
Article 21
(Competences of the Heads of Departments)
The Heads of Departments shall have the following competences:
a) shall discuss all issues within the competence of the Government and propose the best solutions to the Mayor
b) shall assist the Mayor in performance of his/her duties;
c) shall propose to the Government draft laws and bylaws;
d) shall implement decisions of the Mayor, Government and Assembly which fall under their competence;
e) shall pass general enactments when stipulated by the law;
f) shall pass administrative enactments and other individual enactments in accordance with the Statute and laws of the District;
g) shall inform the Assembly about all issues within their competence, at the request of the Assembly or the Mayor;
h) shall supervise the work of a Department in accordance with the law and the Mayor’s directives;
i) shall undertake necessary measures in order to ensure efficient and effective achievement of established goals and tasks within the competence of the respective Department;
j) shall perform other duties stipulated by the law or ordered by the Mayor.
Article 22
(Enactments of the Heads of Departments)
The heads of departments in exercising their competences shall pass decisions and books of rules when stipulated by the law as well as individual administrative enactments regulating individual rights and duties of physical and legal persons in accordance with the law and other regulations.
CHAPTER IV
TERM OF THE GOVERNMENT
Article 23
(Selection of the Mayor)
(1) The Mayor shall be selected and dismissed by the Assembly in accordance with the Statute and Assembly Rules of Procedure.
(2) The Mayor shall perform his/her duties during the term of the Assembly which has selected him/her and shall perform duties in accordance with the Statute and the law.
Article 24
(Commencement of the Term)
The term of the Mayor shall commence immediately after the selection and swearing-in i.e. taking the oath of office.
Article 25
(Selection of the Government Members)
(1) The Mayor shall select or dismiss the Government members in accordance with Article 47, Paragraph 1 of the Statute.
(2) When selecting Government members, the Mayor shall be obliged to select a person holding a minimum university degree and with high moral and ethic qualities.
(3) The Mayor shall be obliged to inform the Assembly about his/her decision on selection as well as about the Government members nominees and the nominees shall be obliged to immediately decide whether they accept the Mayor’s decision.
(4) The Mayor’s decision on selection shall become effective upon 15 days from the day the Assembly received the Mayor’s notification regarding decision on selection, provided that the Assembly has not vetoed the Mayor’s Decision.
(5) The Mayor shall determine the date when the appointment shall become effective and the deadline cannot exceed three (3) weeks from the day of his/her notification to the Assembly on the decision on selection.
(6) On the day the appointment becomes effective, the Mayor and the Government members shall take the oath of office.
CHAPTER V
TERMINATION OF THE GOVERNMENT’S TERM
Article 26
(Termination of the Mayor’s Term)
(1) The Mayor’s term shall terminate with the termination of the term of the Assembly which selected him/her in accordance with Article 46, Paragraph 1 of the Statute.
(2) Upon termination of the Mayor’s term, the terms of the Government members shall also terminate.
(3) The Government shall continue to perform its duties until a new Mayor is selected.
(4) Based on the Mayor’s request, the Government members elected by his/her predecessor shall be obliged to remain in their positions until a Decision on new Government members enters into force.
Article 27
(Resignation of the Mayor and Government Members)
(1) Mayor and members of the Government may resign before the termination of their term.
(2) Resignation of the Mayor and the Government members shall be in a written form with a precise date when resignation shall become effective.
(3) The resignation shall become effective not later than 15 days from the day of its submission.
(4) The Mayor shall submit his/her resignation to the Assembly and the Government members shall submit their resignations to the Mayor.
(5) The Mayor shall inform the Assembly about the resignation of a Government member immediately upon resignation submission.
(6) In case of Mayor’s resignation, the Government members shall continue to perform their duties headed by the Deputy Mayor until the new Mayor is selected.
(7) In case of the resignation of a Government member, the Mayor shall select a new Government member within 15 days from the day of resignation submission in accordance with the Statute and this Law.
Article 28
(Resignation and dismissal due to the Conflict of Interest)
(1) The Government members may not assume their duties if there is a conflict of interest stipulated by the Statute or the law.
(2) The Mayor of the Government members shall obligatorily resign if there is a conflict of interest in accordance with the Statute or the law.
(3) The Assembly shall dismiss the Mayor if the conflict of interest existence is established.
(4) The Mayor shall dismiss a Government member when the conflict of interest existence is established.
(5) The resignation or dismissal shall become effective immediately.
Article 29
(Resignation in case of confirmation of indictment)
The Mayor or Government members shall obligatorily resign in case of confirmation of indictment due to a crime for which the law stipulates minimum six months prison sentence.
Article 30
(Mayor’s Removal From Office)
(1) The term of the Mayor shall be terminated with his/her removal from office in accordance with Article 59, Paragraph 1 of the Statute.
(2) Decision on the Mayor’s removal from office shall be passed in accordance with the Statute and shall become effective immediately.
Article 31
(Dismissal of a Government Member)
(1) A Government member shall be dismissed by the Mayor.
(2) The Mayor shall be obliged to dismiss a Government member who by his/her behavior harms the reputation of the District and undertakes actions contrary to the law and moral and ethic standards.
(3) The Assembly may veto the Mayor’s Decision on Dismissal of the Government member in accordance with Article 47, Paragraph 1 of the Statute not later than fifteen days from the day the Mayor notified the Assembly about his/her Dismissal Decision.
(4) If the Assembly has not vetoed the Mayor’s Decision on Dismissal of the Government member within the deadline referred to in Paragraph (3) of this Article, the Decision shall become effective immediately.
(5) When the Decision on Dismissal of the Government member becomes effective, the Mayor shall select a new Government member within 15 days in accordance with the Statute and this Law.
CHAPTER VI
RIGHTS AND OBLIGATIONS OF THE GOVERNMENT MEMBERS
Article 32
(Financial Disclosure)
(1) The Government members shall respectively submit to the Assembly their Annual Financial Disclosure Statements on their total income, sources, assets, and liabilities as well as those of their family members to the first degree of kinship .
(2) The Statements referred to in Paragraph 1 of this Article shall be considered public documents and the Assembly shall provide them for public review in accordance with the law.
(3) The form and contents of the financial disclosure statement shall be determined by the Government at the proposal of the District Finance Directorate.
Article 33
(Salary)
(1) The Mayor shall be entitled to a monthly gross salary the amount of which shall be determined by multiplying the lowest salary in the District administrative bodies, as base salary, by the coefficient of 8.615.
(2) Deputy Mayor shall be entitled to a monthly gross salary the amount of which shall be determined by multiplying the lowest salary in the District administrative bodies, as base salary, by the coefficient of 8.339.
(3) Chief Coordinator shall be entitled to a monthly gross salary the amount of which shall be determined by multiplying the lowest salary in the District administrative bodies, as base salary, by the coefficient of 8.197.
(4) The Government Heads of Departments shall be entitled to a monthly gross salary the amount of which shall be determined by multiplying the lowest salary in the District administrative bodies, as base salary, by the coefficient of 7.599.
(5) The salaries referred to in Paragraphs 1 – 4 shall be subjected to income tax.
Article 34
(Compensations and Financial Aid)
The Government members shall be entitled to compensations and financial aid stipulated in the Law on Salaries of the Employees in Administrative Bodies.
Article 35
(Interim Financial Compensation Upon Completion of a Term)
(1) Upon expiration of the term, the Government members shall be entitled to the interim financial compensation on the condition that they held the position for at least one full year.
(2) The Mayor and Government members whose term lasted for:
a) one full year shall be entitled to three monthly salaries of the Mayor and Government members,
b) two full years shall be entitled to four monthly salaries of the Mayor and Government members,
c) three full years shall be entitled to five monthly salaries of the Mayor and Government members,
d) four full years shall be entitled to six monthly salaries of the Mayor and Government members.
(3) The Interim financial compensation shall be a one-off payment in the gross amount.
(4) The Interim financial compensation shall be subjected to income tax.
(5) The provisions of this Article shall not be applied in cases stipulated by Articles 27, 28, 29, 30 and 31 of this Law.
Article 36
(Annual Leave)
The Government members shall be entitled to thirty (30) working days of annual leave in a calendar year.
CHAPTER VII
TRANSITIONAL AND FINAL PROVISIONS
Article 37
(Bylaws)
The regulations for implementation of this Law shall be passed within 30 days from the day this Law enters into force.
Article 38
(Cessation of the Application of the Laws)
On the day this Law enters into force, the Law on Executive Authority of Brcko District of BiH (“The Official Gazette of Brcko District of BiH” No.: 5/01, 9/01, 12/01, 16/01, 17/02, 8/03, 14/03, 31/04 and 40/05) and the Law on Members of the Government of Brcko District of BiH (“The Official Gazette of Brcko District of BiH”, No.: 34/04 and 40/05) shall be put out of force.
Article 39
(Entering Into Force)
This Law shall enter into force on the eighth day from the day of its publishing in the “Official Gazette of Brcko District of BiH.”
