From Zubac to Galić: Government 10 years without amending law that would speed up dismissal of directors and deputies of police agencies

Written by: Amra Vrabac

Deputy Director of the State Investigation and Protection Agency (SIPA) Zoran Galić has been on the run since July 8 and is in neighboring Croatia.

Due to legal provisions, at this moment the dismissal of Zoran Galić seems like an impossible scenario. He first tried to arrange sick leave, and when that failed, he requested annual leave through his lawyers. After SIPA Director Darko Ćulum did not approve that request, Zoran Galić's legal team sent a request to the Independent Board and the Council of Ministers of Bosnia and Herzegovina for his removal because he had met the conditions for retirement. Galić is seeking removal with the date of July 8, when he became unavailable to the judicial authorities of Bosnia and Herzegovina and avoided arrest on suspicion of corruption while he was Director of the Border Police of Bosnia and Herzegovina.

In the case of Zoran Galić, the Law on SIPA and the Law on Police Officers apply. It is true that the only body competent to initiate the dismissal of the director and deputy is the Independent Board. However, there are clearly prescribed conditions that must be met for the Independent Board to propose dismissal to the Council of Ministers of Bosnia and Herzegovina.

“The Independent Board proposes the dismissal of heads and deputy heads of police bodies of Bosnia and Herzegovina, for whose selection it is competent, if they have committed a criminal offense, or if they commit a serious breach of official duty, except for criminal offenses in the area of traffic safety,” states the competencies of the Independent Board.

What is happening in Galić's case?

No indictment has been filed against him, nor is there a final verdict. The Prosecutor's Office of Bosnia and Herzegovina has requested the issuance of a red notice, but these are not legally prescribed factors for dismissal.

If we recall the case of former SIPA Director Goran Zubac, he performed his duties for months even after the indictment was raised, and was dismissed only after his verdict was final. From the confirmation of the indictment to the final verdict, more than a year passed, and Zubac exercised his employment rights because there were never enough votes to suspend him. Even then, the Independent Board failed because there were not enough votes to suspend Zubac. The Council of Ministers of Bosnia and Herzegovina dismissed him in August 2015.

In the ten or so years since the Zubac case, the government at the state level has not changed the laws that would enable the efficient dismissal of heads and deputy directors of state police agencies, in order to prevent them from continuing to live at the expense of the state while being suspected of serious crimes, awaiting indictment or verdict, and damaging the reputation of the police agency.

The Independent Board in the case of Zoran Galić could have initiated disciplinary proceedings, but that would have opened two problems. The first is that it would amnesty his absence from work since July 8, for which there is no justification, and waiting for his statement would buy him more time. If he were under disciplinary proceedings or suspension until the process ends, he would be entitled to a larger portion of his salary.

The Independent Board, in its act to the Ministry of Security of Bosnia and Herzegovina, also left the option of removal precisely because the disciplinary proceedings could drag on for several months.

However, the Law on Police Officers leaves the possibility that the Labor Law in the institutions of Bosnia and Herzegovina can also be applied. And that law clearly specifies in which cases the employment contract can be terminated: if the employee is unjustifiably absent from work for five consecutive working days, or seven working days with interruptions within six months. Galić's position for the month of July has been vacant since July 8, because he did not provide evidence of his absence. Although it was possible for him to request unpaid leave of up to 30 days, Galić did not do so, but ultimately seeks removal.

On the other hand, in the Law on SIPA, the word “dismissal” does not exist, but exclusively removal. And here the conditions for the same are clearly prescribed: The Council of Ministers removes the director and deputy director according to the conditions and procedures carried out by the Independent Board.

(5) The director and deputy director may be removed from office before the end of their term:
a) at their personal request;
b) if a final decision imposes a disciplinary measure for a serious breach of work duty;
c) if convicted of a criminal offense, except for a criminal offense in the area of traffic safety;
d) if it is determined that they are an active member of a political party;
e) if, based on the opinion of a competent health institution, it is determined that they are permanently unable to perform the duty.

Therefore, the Independent Board did not initiate disciplinary proceedings, so no disciplinary measure was imposed on him; Galić has not been convicted of a criminal offense; it has not been determined that he is an active party member, although he attended HDZ gatherings; and his health condition is unclear.

The Independent Board, due to its structure in which three members are close to the HDZ, apparently has difficulty acting lawfully in this case, so everything has been transferred to the Council of Ministers of Bosnia and Herzegovina. However, the law is clear. The Council of Ministers of Bosnia and Herzegovina is not competent for dismissal, and if it acted outside the Independent Board, it would open the possibility for Galić to file a lawsuit that he would certainly win in his favor.

Minister of Security Nenad Nešić specified that at this moment they can only act on the request for removal submitted by Galić if the Independent Board does not submit a request for dismissal.

However, legal experts should still give their opinion on whether the conditions are met to terminate Galić's employment contract due to non-compliance with the provisions of the Labor Law. This would prevent Galić from benefiting from this state agency and the budget of Bosnia and Herzegovina while he is on the run from criminal proceedings.

The Council of Ministers of Bosnia and Herzegovina held two emergency sessions due to this case, but ministers from the Bosniak ranks insist on dismissal, not removal, so they did not vote for the proposed removal under which Galić would receive certain benefits.

Tomorrow will mark the second month since Galić has been on the run, and the competent authorities are unable to resolve this unprecedented disgrace.