BOSNIA AND HERZEGOVINA

FEDERATION OF BOSNIA AND HERZEGOVINA

HERZEGOVINA-NERETVA CANTON

CITY OF MOSTAR

CITY COUNCIL

Number: 01-402-1047/05

Mostar, 23^rd November 2005

By virtue of Article 50. paragraph 3. of the Law on organization of the governing bodies in Federation of Bosnia and Herzegovina («Official Gazette of the Federation of Bosnia and Herzegovina» numbered 35/05) and the Article 28. of the Statute of the City of Mostar («City Official Gazette of the City of Mostar», numbered 4/04) the City Council of the City of Mostar, at its thirteenth session held on 23.11.2005. made a

DECISION

ON ESTABLISHMENT OF THE AGENCY «STARI GRAD»

I.       Basic provisions

Article 1.

Bearing in mind the Convention of the World Heritage and the Operational Guidelines for the Implementation of the Convention of the World Heritage (February 2005) for carrying out certain expert and other assigments in the field of the regular preservation of the world heritage «zone of the Old bridge in the old city part of Mostar» and in full implementation of the measures prescribed recently by means of an adopted administrative plan (UNESCO) and the application of those approaches in the wider setting of the old city part (scientific and archaeological investigation, restauration, new utilization and the constant supervision), AGENCY «STARI GRAD» is established (hereinafter referred to as: Agency).

Agency is a legal entity and it enjoys the status of a city governing organization.

The seat of the Agency is in Mostar – Marshall Tito Street, in the park dedicated to Mostar poet Aleksa Santic.

Article 2.

Agency has its own giro account.

Agency has its own seal, in conformity with law and the decision on the seal of the City of Mostar.

Memorandum and other documents of the Agency are written in English language too.

Article 3.

Agency carries out expert and other assignments in the field of physical planning (92.552 – «Cultural heritage protection»; 72.300 «Data processing» and 72.400 «Setting up and management of databases»), in particular:

• Protection of the cultural-historical and the natural heritage of Mostar
• Regular preservation and the protection of property in the «zone of the Old Bridge in the old city part of Mostar», as a new world heritage;
• Implementation of the management plan as well as other expert assignments and responsibilities regulated in the Convention on World Heritage and the Operational Guidelines for Implementation of the Convention of the World Heritage (February 2005) and other documents which regulate the regular preservation of the world heritage;
• Cooperation with city agencies and the city governing organizations in the strategic planning process and the planning of the «zone of the Old Bridge in the old city part of Mostar»
• Coordination of activities with the city agencies in the field of urban design and maintenance of the «zone of the Old Bridge in the old city part of Mostar»
• Preparation of proposals, development programs and policies, as well as economic, cultural, educational and other activities with a view to revitalize the «zone of the Old Bridge in the old city part of Mostar»
• Promotion of the «zone of the Old Bridge in the old city part of Mostar» as a cultural centre through cooperation with cultural, educational, touristic and related institutions;
• Setting up and maintenance of an electronic spatial database and its inclusion into the unified city spatial information technology system;
• Carrying out of the other expert assignments in the field it was established for.

II.    Internal organization

Article 4.

Internal organization of the Agency is determined by means of a rule book on internal organization.

The rule book on internal organization spells out in particular:

• organizational units and their competence
• systematization of positions which comprises: names of the positions, description of the assignments, conditions for realization of the assignments, type of activity, name of the group these assignments belong to, complexity of the assignments and other factors;
• management manner
• programming and planning of the assignments
• authorizations and the responsibilities of the executive civil servants in the realization of the assignments;
• number of trainees who are employed and the conditions for the reception of the trainees
• other issues regulated with a special regulation

Article 5.

The rule book on internal organization in Article 4. of this Decision is passed by the mayor, with the consent of the City Council.

Individual company documents to decide on rights, obligations and responsibilities of civil servants and salaried employees and other individual relations are passed by the director of the Agency.

III.  Management and executive civil servants

Article 6.

Director of the Agency runs the operation of the Agency, in conformity with the rule book on internal organization and this decision, and he is personally responsible for implementation of the function, as well as for the operation of the Agency.

A person having university education level, at least 5 years of employment record in the field of cultural-historic heritage, examination of vocational ability passed and meeting other conditions regulated by law may be appointed director (of the Agency).

Article 7.

Director of the Agency is an executive civil servant.

Mayor appoints the director of the Agency in conformity with the Law on Civil Service in the Federation of Bosnia and Herzegovina («Official Gazette of F BiH», numbered 29/03).

IV.Carrying out of the assignments and labour relations

Article 8.

Basic activity assignments in the Agency are carried out by civil servants with university education level, and supplementary assignments of the main activity and assignments within auxiliary activity are carried out by salaried employees having two-year post-secondary school qualifications, secondary school education level and lower educational background.

Type, complexity and the contents of the assignments and conditions for their accomplishment are regulated with a special regulation in conformity with federal law regulating labour legal status of the civil servants and salaried employees.

Article 9.

Position, rights, obligations and responsibility, as well as salaries and other substantial rights stemming from the labour relations and with regard to the labour relations of the civil servants and salaried employees of the Agency is regulated by general and individual company documents in compliance with special federal laws on labour-legal status of the officials, namely the salaried employees.

General company documents in the paragraph 1. of this Article are published in the «Official Gazette of the City of Mostar».

V.   Relation of the Agency toward the City Council and the mayor

Article 10.

Agency is responsible to the City Council and the mayor for its operation and the status in the field it was established for, in addition to the legal, full, efficient and professional accomplishment of the assignments within its competence.

Agency is authorized and obliged to submit certain issues within its competence and to provide recommendations in relation to enforcement of the laws and other regulations to the City Council for its discussion.

On request of the City Council, the Agency is obliged to submit reports on its operation, on the status in the field and on enforcement of the laws and other regulations, to answer questions of the City Council and to prepare certain decisions and other regulations, as well as analytic, informative and other materials in line with the City Council program of operation, namely, on its request.

Article 11.

The relationship toward the mayor, as the executive power agency is based on the obligation of the carrying out of the demands and guidelines, which are regulated by the mayor in conformity with the constitution and law, as well as responsibilities for the status in the field of its competence.

Article 12.

With a view to law enforcement and other regulations by the agency, mayor may entrust it with accomplishment of certain assignments, which the Agency is obliged to peform.

Article 13.

Mayor has the right and the responsibility to consider repeatedly operation of the Agency and to examine the status in the field of its competence and to institute proceedings for removal of the executive official if he deems that the assignments within the competence of Agency are not carried out regularly and in a way stipulated by law and if detrimental consequences emerged or if they may emerge with regard to the rights and obligations of the citizens, legal entities and other entities or consequences in legal interests.

VI.Relationship of the agency towards the governing bodies and legal entities

Article 14.

Agency cooperates with governing bodies of the City of Mostar and the legal entities on the issues within its competence which are important of the operation of the Agency or they are of interest to the operation of the governing body or the legal entity in question.

On request of the Agency, governing bodies and legal entities are obliged to provide data, information and other documentation within their activity in compliance with law, if those data, information and documentation are important for the carrying out of the assignment in the competence of the Agency.

VII.         Relationship of the Agency toward public

Article 15.

On request of the legal entities in the field of media and other means of public information, the Agency is obliged to provide notices and provide data on individual issues within its competence, which are of immediate interest for the operation of the public media.

The Agency shall refuse to provide the data which constitute a state, military, official or a business secret, which is carried out in a way regulated by the regulations on protection of those secrets.

Provision of the data, in compliance with the provision in the paragraph 1. of this Article, is carried out in a manner regulated by Freedom of Information Act in Federation of Bosnia and Herzegovina («Official Gazette of Federation of Bosnia and Herzegovina», numbered 32/01) and the regulations passed by virtue of that Act.

VIII.       Capital goods of the Agency

Article 16.

Capital goods of the Agency are ascertained in the budget of the City, in the amount enabling the accomplishment of assignments within the competence of the Agency, taking into account the nature and the size of the job, number of performers and other conditions necessary for efficient accomplishment of assignments within its competence.

The income which Agency gains with its activity will constitute the budgetary funds of the City and they will be utilized for purposes stipulated by law, city budget and other regulations.

Article 17.

Capital goods of the Agency are:

• funds for (reimbursement of) salaries
• funds for material costs
• funds for special purposes
• funds for equipment

Executive authority for utilization of the funds from the paragraph 1. of this Article, in conformity with law, by virtue of the regulation of the City Council and other regulations as well, is the director of the Agency.

IX.           Office and archive business running

Article 18.

Agency is obliged to run office and archive business within its competence.

Office and archive business is run in a way stipulated with special federal regulations which relate to the office and archive business of the governing bodies, governing organizations and other legal entities.

X.  Transitional and final provisions

Article 19.

City Institute for Protection of the Cultural-Historical and Natural Heritage Mostar and Unit for Coordination of the Project of Old Bridge Reconstruction (PCU) shall cease its operation with entry of this Decision into force.

The Agency is legal succesor of the entities from the previous paragraph.

City Institute for Protection of the Cultural-Historical and Natural Heritage Mostar and Unit for Coordination of the Project of Old Bridge Reconstruction (PCU) are obliged to deliver all the official documents, papers and all the other official documentation to the Agency accompanied by the takeover minutes.

Article 20.

Agency takes over all the officials and salaried employees who were employed with the institutions in the Article 19. of this Decision till employment termination date of those legal entities.

Further labour-legal status of the officials and salaried employees from the previous paragraph, will be decided on the basis of the Rule book on internal organization in Article 4. of this Decision, in conformity with Law on Civil Service in Federation of Bosnia and Herzegovina, and the possible issue of excess employees will be solved in conformity with law and other regulations.

Article 21.

Authorized persons of the former legal entities in the Article 19. of this Decision are obliged to submit a request to strike off a court register.

Article 22.

Decision on establishment of Agency «Stari grad» Mostar (City Official Gazette of the City of Mostar, numbered 1/05), Decision on establishment of Unit for Coordination of the Project of Old Bridge Reconstruction (PCU), numbered 01-530/2000 dated 11.04.2000 and the Decision on assuming rights and obligations of the founder over «City Institute for Protection of the Cultural-Historical and Natural Heritage of Mostar» (City Official Gazette of the City of Mostar, numbered 15/04) cease to be valid with the entry of this Decision into force.

Article 23.

This Decision enters into force 8 (eight) days after publication in the «Official Gazette of the City of Mostar»).

City Council President

Murat Coric