Representative of the company "Gradski sabrojka", lawyer Marko Milosevic submitted to the mayor of Podgorica Oliveri Injac report against an unknown person, employed in the Secretariat for Transport, claiming that this person violated official duties more seriously, because he refuses to pay debts to a former private transporter.
Milošević in the application that he is the owner of "Gradski sabrojac" Haris Alivodic, upon an official inquiry about the status of the payment of money owed to him by the Capital City, received an unsigned email from the Secretariat of Transport "whose content is extremely unprofessional, while the actions of the competent authorities are completely illegal".
"Namely, the NN official of the Secretariat for Transport informed my employer as follows: 'As is known, you have submitted lawsuits to the court authorities for the aforementioned, and as the Secretariat for Transport respects the institutions of the system, we will also wait for the decision of the competent court this time and certainly we will respect it,'" it is stated in the application submitted by Milošević to Injac.
Milošević requests that the unknown person be found and that "disciplinary proceedings be initiated against him, at which he will be heard, and to which the applicant will also refer, all in order to determine whether the actions of the reported person contain elements of a serious breach of official duty".
Alivodić recently told "Vijesta" that the Capital City owed him money for months on several grounds, and that because the city authorities ignored their obligations, he had to initiate several court proceedings, and that to this day he has not been paid the funds from the students' monthly tickets for March and part of April.
The Secretariat for Traffic replied to the newsroom that "the administrative procedure initiated by Mr. Alivodić is ongoing."
"Due to the course of the procedure itself, we will not make a statement. The budget rebalancing provided funds and they are kept for eventual claims. Mr. Alivodić is not in a court case with the capital, but with the company Putevi doo, so we cannot give you more information on that topic", the Secretariat answered the questions of "Vijesti".
Lawyer Milošević also refers to the ongoing proceedings in the application.
"I would also like to point out that it is known that my employer has filed lawsuits with the judicial authorities, however, in the specific case, these are lawsuits due to the silence of the administration, and due to the non-action of the second-instance authority in proceedings based on appeals filed against decisions approving the payment of financial resources to my employer for the performance of the line transportation of primary and secondary school students in the territory of the Capital City of Podgorica. In addition to the lawsuits filed for the administration's silence, the second-instance authority was obliged, in accordance with the Law on Administrative Procedure, to issue and deliver a decision to the party as soon as possible, and no later than within 45 days from the receipt of the appeal, and not, as states for the time being the NN official of the Secretariat for Transport and this time they will wait for the decision of the competent court", says the application of Milošević, which the editorial office had access to.
He specifies that, by waiting for the decision of the competent court in proceedings of silence of the administration, unnecessary costs are created for the Capital City.
"...Which are borne precisely by the citizens of Montenegro, and the official duty is obviously carried out negligently, which results in the inability of my employer to exercise his rights, with more severe consequences for my employer, but also for the citizens, due to the costs of administrative disputes caused by administratively negligent and illegal actions of the acting authorities", says Milošević.
The lawyer reminds that the Decision on scheduled urban and suburban passenger transportation specifies the obligation of the Capital City to provide funds intended for free transportation of users every fiscal year, from a special budget item - Subsidies for users of scheduled passenger transportation.
"Furthermore, it is prescribed that the line transport of passengers can be carried out by a company or a legal entity registered for the performance of this type of transport, which meets the conditions established by law, on the basis of the contract concluded by the carrier and the Capital City, after a procedure has been carried out according to a public advertisement, in accordance with by the law governing public procurement, while exceptionally if a group of lines remains uncovered even after another public call, the Secretariat for Transport will temporarily assign it to the interested carrier by decision until a new public call is carried out," he states in the application.
He adds that the business entity "City Transport" is a utility operator, so the capital city of Podgorica - the Secretariat for Transport is obliged to pay financial resources for the regular transportation of primary and secondary school students on the territory of the capital city of Podgorica for the months in which it was carried out specified transportation.
Alivodić recently told "Vijesta" that the capital owes him for the transportation of students during March and part of April, and that payments in the period from last September to February of this year are also disputed.
He explained that the payments were calculated as assessed by the Secretariat for Transport, and that he appealed most of those decisions.
Since April 19, "Gradski sabražba" buses do not run through Podgorica. TP
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"Roads" without answers
When it comes to monthly tickets for adult workers, Alivodić previously said that he only recently found out how much the city owed him on that basis, and that the company "Roads" paid him part of it, in the amount of almost 23.000 euros.
He also said that the capital city believes that it also owes "Roads".
"It is true that it was written in the decision on the introduction of the electronic ticket that we will agree on a commission of three percent for the Roads." However, we have never initialed any document on the basis of which the City would charge for it," said Alivodić at the time.
"Roads" did not answer the editorial office's questions about whether they are in court proceedings with "City Transport" and why, as well as how much that company owes the city company and for what period.
They did not answer whether, when and what kind of document was signed, and that it states the obligation of "City Transport" to pay "Roads" a commission of three percent.
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