In accordance with paragraphs 10 and 37 of the Brcko Final Arbitral Award of March 5, 1999, and paragraph 3 of the Annex to Final Award of August 18, 1999;
Recalling the Supervisory Order of March 8, 2000, and Addendum to the Supervisory Order of May 26, 2000, appointing members of the Interim Government of the Brcko District of Bosnia and Herzegovina;
Having in mind that the Addendum to the Supervisory Order on the Appointment of Members of the Interim Government of the Brcko District of Bosnia and Herzegovina of May 26, 2000, provided for the appointment of Mr. Osman Osmanovic as Head of the District Revenue Agency until elections are held for the Assembly of the Brcko District of Bosnia and Herzegovina;
Having in mind furtherthat by the Second Addendum to the Supervisory Order of February 22, 2005, Mr. Osman Osmanovic was re-appointed to the position of the Director of the District Revenue Agency to serve until May 31, 2005, and that by the Third Addendum to the Supervisory Order of May 24, 2005, Mr. Osman Osmanovic was again re-appointed to the position of the Director of the District Revenue Agency to serve until December 31, 2005, and that by the Fourth Addendum to the Supervisory Order of January 13, 2006, Mr. Osman Osmanovic was again re-appointed to the position of the Director of the District Revenue Agency to serve until June 30, 2006;
Noting the recommendations of the professional consultancy firm Deloitte, contained in its report of October 20, 2004, that the District Revenue Agency, the Department of Budget and Finance and the Tax Administration Office be restructured and reorganized, subject to an expert analysis and recommendation, and that an expert, “Oscar” Zagreb, was appointed on December 15, 2005, for this purpose;
Further noting that “Oscar” Zagreb has prepared a report entitled “Design and Organizational Structure of Government Institutions of Brcko District”, dated June 17, 2006 (“the Report”), proposing restructuring of the District Government, including terms of the proposed reorganization of the District Revenue Agency, the Department of Budget and Finance and the Tax Administration Office, into a single District Finance Management Unit;
Believing that the recommendations on the District Finance Management Unit, contained in the Report, should now be implemented straight away; that the position of Director of the District Revenue Agency will be abolished as a result; and that Mr. Osmanovic should therefore remain in his current position only until such time as those recommendations are implemented;
With the aim of supporting ongoing reform of public administration within Brcko District;
I hereby order that:
1. No later than September 1, 2006, the Mayor shall open vacancy notices for the positions of Director of the Finance Management Unit and Head of the Treasury Department, with terms of reference consistent with the Report. Those vacancy notices shall set a deadline for applications of no later than September 30, 2006.
2. Following closure of the aforementioned vacancy notices, all procedures necessary for selection of candidates for these positions shall be concluded no later than October 30, 2006, and the Mayor shall sign decisions appointing the selected candidates no later than November 7, 2006.
3. No later than September 30, 2006 , the Mayor shall forward to the Assembly draft legislation necessary to implement the recommendations on the District Finance Management Unit contained in the Report.
4. No later than September 30, 2006, the Mayor shall settle an organizational and budgetary plan to implement the recommendations on the District Finance Management Unit, contained in the Report, and shall immediately implement that plan once it has been settled.
5. Mr. Osman Osmanovic is re-appointed to the position of the Director of the District Revenue Agency with effect from July 1, 2006, and shall carry out his duties in accordance with the Statute and the laws of the Brcko District of Bosnia and Herzegovina, until such time as the Mayor has appointed candidates to the positions referred to in paragraph 1 above. Once those appointments have been made, and in any event on November 7, 2006 at the latest, Mr. Osmanovic’s appointment as Director of the District Revenue Agency shall immediately cease.
6. The Mayor of Brcko District is directly responsible for implementation of this Supervisory Order, and for any failure to do so.
7. Nothing in this Order prevents Mr. Osmanovic from applying for the positions referred to in paragraph 1 of this Order, or any other position in the District Government.
This Supervisory Order has immediate effect and shall be published without delay in the Official Gazette of the Brcko District. The Government and Assembly of the Brcko District shall undertake all necessary measures to ensure its implementation.
Susan R. Johnson
Supervisor of Brcko
Deputy High Representative
