The Director of the Public Institution Museums and Galleries of Budva, Lucija Đurašković, called on the Special State Prosecutor's Office to react urgently, due to what she claims is the illegal election of the Council of this cultural institution, and announced the filing of criminal charges.
The Municipal Assembly, with the votes of a new majority from the ranks of Budva Our City, the European Union and the Civic Movement URA, with the support of the Democratic Party of Socialists, elected a new five-member Council of the largest cultural institution in Budva.
"I warn that a person who does not meet the legal requirements from Article 43 of the Law on Culture has been elected as a member of the Council of the Public Institution 'Museums and Galleries of Budva', which explicitly stipulates that a person from among the employees must be elected as a member of the Council, i.e. that by appointing a person who is not employed by a public institution, the actions of the persons responsible for proposing the appointment of members of the Council of this public institution, who proposed the appointment of a person who does not meet the legal requirement, as well as the actions of the President of the Municipal Assembly, will constitute the essential elements of the criminal offense of abuse of official position from Article 416 of the Criminal Code of Montenegro. This is because the aforementioned responsible persons, by knowingly violating the previously cited imperative provision of the Law on Culture, unlawfully exploit their official position and powers by proposing a person who does not meet the legal requirement and, through such actions, obtain an unlawful material benefit for the illegally elected member of the Council in the amount of the compensation he will receive as a member of the Council. "Given that the President of the Assembly, despite my warning, put an illegal proposal to the vote, and a person who does not meet the legal requirements was elected, I call on the Special Prosecutor's Office to react urgently and, by taking swift action, send a clear message to those in power that any gross violation of the Law will be most severely sanctioned, so that they would never again think of grossly violating the Law. In any case, criminal charges will be filed at several addresses," Đurašković told "Vijesti".
On the eve of yesterday's parliamentary session, the Public Institution Museums and Galleries of Budva sent an urgent request to Prime Minister Milojko Spajić, the Ministry of Culture and Media, the Ministry of Public Administration, and the President of the Parliament of Montenegro, Andrija Mandić, to urgently react and prevent, as they determined, the illegal election of the new Council of this largest cultural institution in Budva.
"We would like to inform you that the Municipality of Budva has been trying to appoint the Council of the Public Institution Museums and Galleries of Budva illegally on several occasions. Namely, on the agenda of the 5th session of the Budva Municipal Assembly, which will be held on April 2, members of the Council of the Public Institution Museums and Galleries of Budva were proposed. However, among the proposed members of the Council of the Public Institution Museums and Galleries of Budva, no member of the Council from among the employees of the Public Institution Museums and Galleries of Budva was proposed, although Article 43 of the Law on Culture stipulates that the Council of the Public Institution has a president and four members, one of whom is from among the employees of the public institution. Also, Article 13 of the Statute of the Institution No. 690 of 08.07.2014 prescribes the procedure and method of determining candidates from among the employees for appointment to the management body, i.e. the Council of the Institution, while Article 16 prescribes the method of representing employees by the same," the letter states.
As added, a member of the Council of a public institution founded by the state, in addition to a member of the Council from among employees, shall be appointed an established creator or an established expert in a field of importance for the development of culture.
"A member of the Council of a public institution founded by the Municipality, in addition to a member of the Council from among the employees, shall be appointed as a creator or expert in a field of importance for the development of culture. Furthermore, Article 22 of the Statute stipulates that until the election of a new director, the function shall be performed by the previous director, while Article 25 stipulates that if the Council adopts an act or decision that, in the opinion of the director, is contrary to the Law or regulations of the founder, the director cannot implement it, and if the Council, even after a warning, maintains its decision, the director shall suspend the implementation of that decision, or act of the Council, until the competent authority makes a decision. We hereby address you with the aim of taking all necessary actions within your jurisdiction, in order to prevent violations of the Law on Culture and the Statute of the Public Institution Museums and Galleries of Budva, all in order to protect the interests of employees," the letter states.
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