President of the club of councilors of the New Serbian Democracy Mitar Susic and councilor of the Europe Now Movement (PES) in the Assembly of the Capital City Tamara Tapuskovic at the same time, they also hold positions in the boards of directors of state-owned companies and institutions, which is contrary to the Law on Prevention of Corruption.
That regulation prohibits certain categories of public officials, including councilors, from holding another function in management structures, that is, from being directors or members of the management of state and municipal enterprises and institutions.
In case this happens - the Law is clear, he is obliged to resign from the previous one within 30 days from the start of the second function.
In addition to the board function, Šušić has been a member of the Board of Directors of ToMontenegro since January this year, and Tapušković of the Clinical Center of Montenegro (KCCG) since December last year. In the regular report on assets for last year, the head of the club of councilors did not have the obligation to report remuneration for work in OD ToMontenegro, but reported 1.800 euros of income based on councilorship. Tapušković did not report compensation for work in OD, where she represents the interests of the founders, that is, the Government of Montenegro.
The Agency for the Prevention of Corruption does not answer the question of whether proceedings have been initiated against Šušić and Tapušković and what has been decided.
The agency, on the other hand, has several decisions on its internet presentation, according to which officials - councilors and councilors, who were simultaneously on the boards of directors of state or municipal companies and institutions, violated the umbrella anti-corruption regulation.
Answering the question of "Vijesti" whether he is aware that the Law on Prevention of Corruption stipulates that he cannot be a member of the Assembly of the Capital City and a member of the Board of Directors of TO Montenegro at the same time, Šušić said that this is not true.
"I think you also misread/interpreted the law," said Šušić, adding that the Agency for the Prevention of Corruption did not sanction him for that and that "there is nothing to do with it."
The law now in Article 14, i.e. in Article 12 in January when Šušić was appointed to the Board of Directors of ToMontenegro, prescribes that "exceptionally, a public official, except for the President of Montenegro, deputy, councilor, member of the Government of Montenegro (hereinafter: the Government), a judge of the Constitutional Court of Montenegro, a judge, head of the state prosecution, state prosecutor, chief special prosecutor and special prosecutor may be the president or a member of the management body and supervisory body of a company or a legal entity that is state-owned, that is, a public institution in a company or a legal entity that is state-owned, that is, a public institution in which the state, that is, a municipality is the owner".
Asked to clarify Articles 13 and 14 of the Law on Prevention of Corruption, which stipulate that certain categories of officials, including councilors, cannot be presidents or members of the management bodies of state and municipal companies, Šušić said that "Article 14, paragraph four of the aforementioned Law defines which functions or tasks the councilor cannot perform".
This position prohibits councilors from performing the functions of municipal president, vice president of the municipality, chief administrator, secretary of the secretariat, head of special services, member of the board of directors and management board, executive director of business companies and public institutions founded by the municipality, member of the council and director of the local public broadcaster and tourist organizations as well as other jobs within the functions appointed by the Municipal Assembly.
"Among other things, it was stated that 'a councilor can perform duties... except for... a member of the board of directors... of companies founded by the municipality'. Accordingly, I believe that there are no barriers for a councilor to perform the work of a member of the management body of a company that is not owned by the municipality," said Šušić.
Šušić, answering the question of "Vijesti" whether, according to his interpretation, MPs or ministers can also be members of governing bodies that are owned by the state, said that, according to his interpretation, paragraph four of Article 14 of the Law on Prevention of Corruption deals with to "only councilors".
"It is not relevant for deputies and ministers," he said, avoiding to clarify the part of that article that applies equally to deputies and councilors.
Tapušković did not answer the questions of "Vijesti".
In the report on assets and income, Šušić declared both positions, while Tapušković stated that she is a member of the Board of Directors of the Clinical Center, but does not mention that she is also a PES councilor in the Assembly of the Capital City
Earlier, the agency made several decisions, according to which citizens' representatives in local parliaments violated the law because they were also on the boards of directors of state-owned enterprises.
Thus, in August 2019, the Agency decided that Ammar Borančić, then a councilor in the Bar Municipality Assembly, was violating the Law, because he was on the Board of Directors of the state railway company Montekargo.
Previously, during 2018, the Agency made two decisions, according to which two councilors from Pljevlja at the time - Nataša Marković and Vlade Milinković - were in violation of the Law because they were at the same time in the Board of Directors of the Coal Mine.
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