Borovinić Bojović resigns from councilor position: Deputy Prime Minister acted in accordance with ASK's opinion

The Agency for the Prevention of Corruption (ASK) assessed that the Deputy Prime Minister for Health and Social Welfare Jelena Borovinić Bojović cannot perform the function of a councilor in the Capital City Assembly, but can conclude a contract for additional work with the Clinical Center of Montenegro (KCCG), but also with another employer, up to one half of full-time working time.

She told "Vijesti" yesterday that she would submit her resignation as a councilor within the legally prescribed deadline, "as is understood." "Vijesti" subsequently had access to the document in which Borovinić Bojović submitted her resignation as a councilor in the Capital City Assembly:

"I am informing the Capital City Assembly Service that I am resigning from my position as a councilor in the Capital City Assembly due to the incompatibility of functions," the document states.

She was elected Deputy Prime Minister on July 23, as part of the Prime Minister's cabinet reshuffle. Milojko SpajićUntil then, she was the president of the Capital City Assembly, and in the Podgorica parliament, she was part of the New Serbian Democracy (NSD) parliamentary group.

She requested an opinion from ASK on whether, after taking up her new position, she can be engaged under a contract for additional work at KCCG and whether she is obliged to resign from her position as a councilor.

When it comes to the councilor position, ASK referred to Article 104 of the Constitution, which stipulates that the Prime Minister and members of the Government cannot hold a parliamentary or other public office, nor perform any other professional activity.

The opinion states that the position of Deputy Prime Minister is also the position of a member of the Government, which is why the constitutional ban directly applies to Borovinić Bojović.

"On the other hand, the function of councilor in the Capital City Assembly represents another public function, which represents a constitutional incompatibility for the simultaneous performance of the aforementioned functions," the Agency stated.

ASK concluded that Borovinić Bojović, as Deputy Prime Minister, cannot simultaneously hold the position of councilor in the Capital City Assembly.

The Anti-Corruption Law stipulates that a public official who accepts another incompatible position must resign from his previous position within 30 days. If he fails to do so, his previous position is deemed to have ceased on the day he begins to hold the new position.

The Agency also reminded that its opinions on restrictions on the exercise of public functions are binding on public officials.

The Agency, in its opinion dated August 3, signed by the Director Kristina Braletić, stated that Borovinić Bojović can conclude a contract for additional work in accordance with the Labor Law.

"An employee who works full-time may conclude a contract for additional work with the same or another employer, up to one half of full-time working hours," the Agency quoted a legal provision.

The opinion states that Borovinić Bojović has been professionally performing the function of Deputy Prime Minister since July 23, while her rights and obligations from her employment at the KCCG are suspended.

ASK stated that, therefore, the provisions of the Law on Health Care that regulate additional work of health workers employed full-time in a health institution cannot be applied to it.

"Since the appointed public official in this specific case professionally performs the function of Vice-President of the Government of Montenegro, while her rights and obligations arising from her employment at the Clinical Center of Montenegro are suspended, the cited provisions of the Law on Health Care cannot be applied to her," the opinion states.

The agency then stated that the Labor Law applies to Borovinić Bojović, according to which he can conclude a contract for additional work with the same or another employer, up to one half of full-time working hours.