The Secretariat for Rural Development of the Municipality of Bijelo Polje rejected the request of councilor Marko Đukić for free access to information in order to obtain data on the members of the Commission for the Evaluation of the Study, which decided in the procedure related to the exploitation of the quarry in the Poda settlement, which is managed by the company "Imperial".
In his request, the Democratic councilor requested documentation on the qualifications, work experience, job descriptions, and professional exams passed by the commission members, in order to verify whether they meet the legal requirements for performing that function.
Đukić claims that this violates the Law on Free Access to Information.
Due to the construction of a quarry in Podi, the residents of that and surrounding villages repeatedly blocked roads, outraged by what they said was the illegal construction of the quarry, which was followed by a criminal complaint to the Basic State Prosecutor's Office, in which they claim that the company "Imperial" owned by Vojislav Smolović, brother of the Mayor of the Municipality Petar Smolović, illegally obtained concessions and that the Municipality illegally issued a study on the environmental impact assessment.
Due to suspicions that the local Secretariat was not competent to issue permits, Secretary Armin SIjarić was questioned as a suspect for abuse of office, and he claimed that all legal procedures had been followed.
The Secretariat rejected the councilor's request, citing the protection of personal data and the need for the consent of the committee members for submitting their data.
Councilor Đukić claims that this violates the Law on Free Access to Information, which stipulates that everyone has the right to obtain information related to the work of government bodies, especially when it comes to exercising public authority and making decisions of public interest.
"This commission has thus taken over the jurisdiction of the State Environmental Protection Agency, which is not in accordance with the law," said Đukić, reminding that the prosecution is also interested in the matter.
The decisions made by the commission allowed the quarry in Podi to continue operating, which has negative consequences for the environment and human health in nearby Srđevac.
He emphasized that when a councilor requests information about who makes the commission that makes such decisions, and the government body hides that information, then it is clear that the problem is not in "personal data protection", but in the protection of illegal decisions - crime.
"The law explicitly stipulates that, even when there is a restriction, 'partial access to information' must be allowed, but here the request was completely denied in order to prevent any control and conceal illegal activity.
"This solution not only violates the Law on Free Access to Information, but also directly attacks the role of the Assembly, the public's right to know and the right of the citizens of Srđevac to live in a healthy environment. If the local government can hide who makes decisions, according to what qualifications and in whose interest, then it is clear that transparency has been reduced to an empty word," said Đukić.
The decision of the Secretariat for Rural Development states that Đukić requested copies of diplomas, work records, job certificates, job descriptions and evidence of passed professional exams for six members of the commission: Jelena Vuković, Sandra Ljumović, Danka Orović, Tatjana Perić, Slobodan Radović and Danijela Lazarević.
The decision adds that the requested data is personal data and part of personnel records, which by law can only be provided to third parties with the consent of the persons to whom they relate.
"Since the commission members did not give their consent, the request was rejected. The Secretariat referred to the Law on Local Self-Government and the Law on Personal Data Protection, stating that there is no legal basis for providing copies of employees' personal documents without their permission," the Secretariat's decision states.
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