In accordance with the powers vested in me by paragraphs 8, 10, 11, 13, 36 and 37 of the Final Award of March 5, 1999 of the Arbitral Tribunal for the Dispute over the Inter-Entity Boundary in the Brcko Area, and in particular the powers vested within me to regulate the appointment of the Brcko District Chief of Police, stated in paragraph 6 of the August 18, 1999 Annex to the Final Award;
Recalling that under Articles 11a and 11b of the Law on Police of Brcko District (as amended) (“the Law on Police”), it is the responsibility of the Independent Board for Selection and Review of the Work of the Chief of Police (“the Board”) to select and propose to the Mayor a candidate to be appointed as Chief of Police, whereupon, under Article 11b(4) of the Law on Police, the Mayor shall, without delay, ask for the approval of the Assembly for the appointment of the candidate so proposed;
Further recalling that pursuant to these provisions, on July 20, 2006, the District Assembly appointed the members of the Board;
Further recalling that the previous Chief of Police of Brcko District, Mr. Milenko Milicevic, resigned from the position in August 2006, in order to take up a position with SIPA;
Further recalling that on August 31, 2006, the Board made a decision to issue a public vacancy notice for the position of Chief of Police, for the purpose of appointing a new Chief of Police to replace Mr. Milicevic; that vacancy notice was issued on September 14, 2006, and was stated to be open until October 18, 2006;
Further recalling that the Board received nineteen applications, of which the Board determined that six candidates met the requirements of the vacancy notice, and it subsequently interviewed and tested five of those six candidates (one did not attend for interview), ranked them and voted upon them, and on December 1, 2006, the Board made a decision to propose a candidate as the Chief of Police, and sent that decision to the Mayor, who immediately forwarded it to the District Assembly for approval;
Noting that this candidate did not in fact meet all the technical requirements of the vacancy notice, and therefore is formally disqualified from candidacy for the position of Chief of Police;
Further noting from the Board’s papers, delivered to my office by Mr. Mujkanovic, Chairman of the Board, that the candidate ranked second highest by the Board was Mr. Goran Lujic;
Having carefully considered all the Board’s papers, and it appearing to me from the contents of those papers that Mr. Lujic is the most qualified of the remaining four candidates for the position of Chief of Police;
Further noting that the Chief of Police must be able to command confidence amongst all communities in the District;
Concerned about the ongoing delay in the appointments process, in that it has now been more than five months during which time the District has not had a Chief of Police, and it is therefore important that the position of Chief of Police be filled without delay, so that lingering uncertainty over the future management of the Police can be resolved, and the District Police can focus on combating crime and executing its legal duties;
Grateful to Mr. Fahrudin Selimovic, Deputy Chief of Police, for creditable service and hard work as acting Chief of Police since August 2006;
Determining that in all the circumstances, it is therefore in the best interests of the District, and the District Police, that I now make the appointment of the new Chief of Police, and the appointee should be Mr. Goran Lujic;
I therefore order that:
1. Mr. Goran Lujic is hereby appointed as the Chief of Police of Brcko District. This appointment is effective from the date of this Supervisory Order, as of 12 noon.
2. Mr. Lujic shall take up his appointment under the terms and conditions, and with all the powers, privileges, duties and responsibilities as if he had been appointed in accordance with the provisions of Articles 11, 11a, 11b and 11c of the Law on Police of Brcko District. All prevailing laws and regulations applicable to the Chief of Police of Brcko District shall apply to Mr. Lujic during the term of his appointment.
3. This Supervisory Order has immediate effect and shall be published without delay in the Official Gazette of the Brcko District. The Government, Assembly and Courts of the Brcko District shall undertake all necessary measures to ensure its implementation.
4. This Supervisory Order is published in both English and the official languages of Bosnia and Herzegovina . In the event of inconsistency, the English language version is authoritative for all purposes.
Dr. Raffi Gregorian
Supervisor of Brcko
Principal Deputy High Representative