Council of Ministers of BiH still keeps Galić in his position, Labor Law in BiH institutions stipulates when to terminate employment

By Amra Vrabac

Deputy Director of the State Investigation and Protection Agency (SIPA) Zoran Galić is still in his position at that police agency, although he has been on the run from BiH justice since July 8 and is currently in Croatia. The BiH Prosecutor's Office suspects Galić of abuse of office and receiving gifts while he was the Director of the BiH Border Police. Galić knew that the Prosecutor's Office wanted to question him, and when he heard that an arrest operation was being prepared, he fled Bosnia and Herzegovina.

The BiH Court has also approved the issuance of an Interpol Red Notice for Galić, and the BiH Council of Ministers, composed of HDZ, SNSD, DNS, and the Trojka parties, has not yet removed him from his position because there is no consensus within the BiH Council of Ministers on whether to dismiss him or relieve him of his duties at his own request.

Galić initially tried to obtain sick leave from Croatia, but he did not succeed. Then, through his lawyers, he requested annual leave, but the director of SIPA, Darko Ćulum, did not grant this request. Since July 8, Galić has had no legal basis for his absence from work.

His legal team then submitted a request for relief from duty due to the realization of retirement rights, effective July 8. However, ministers of Bosniak nationality do not want to agree to such a relief and allow Galić to also receive a large financial compensation for retiring.

In Zoran Galić's case, the Law on SIPA and the Law on Police Officers apply. And it is true that the only competent body for initiating the dismissal of the director and deputy is the Independent Body. However, there are clearly defined conditions that must be met for the Independent Body to propose dismissal to the BiH Council of Ministers, which claims to have proposed it.

“The Independent Body proposes the dismissal of heads and deputy heads of BiH police bodies, for whose election 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,” the competences of the Independent Body state.

However, in the letter it submitted to the BiH Council of Ministers, the Independent Body did not state a clear legal basis on which he can be dismissed, which has prevented the BiH Council of Ministers from making any decision.

In Zoran Galić's case, the Independent Body could have initiated disciplinary proceedings, but this would have opened up two problems. The first is that they would have amnestied his absence from work since July 8, for which he has no justification, and by waiting for a statement, they would have bought him more time. If he were under disciplinary proceedings or suspension until the process was concluded, he would be entitled to a larger part of his salary.

In its communication to the BiH Ministry of Security, the Independent Body also left open the option of relief, precisely because disciplinary proceedings could drag on for several months.

However, the Law on Police Officers allows for the Law on Labor in BiH Institutions to be applied. And that law clearly specifies the cases in which an employment contract can be terminated, namely: if the employee has been unjustifiably absent from work for five consecutive working days, or seven working days with interruptions within a six-month period. Galić's time sheet for July remained empty from July 8, as he did not provide proof of his absence. Although it was possible for him to request unpaid leave for 30 days, Galić did not do so, and in the end, he is seeking relief from duty.

On the other hand, the Law on SIPA does not contain the word “dismissal” but exclusively “relief.” And the conditions for it are clearly prescribed: the Council of Ministers relieves the director and deputy director according to the conditions and procedures carried out by the Independent Body.

(5) The director and deputy director may be relieved of duty before the end of their term:
a) at their personal request;
b) if a final decision has imposed a disciplinary measure on them for a serious breach of duty;
c) if they are 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 the competent health institution, it is determined that they are permanently unable to perform their duties.

Therefore, the Independent Body has not initiated disciplinary proceedings, meaning no disciplinary measure has been imposed on him, Galić has not been convicted of a criminal offense, it has not been determined that he is an active member of a party, although he attended HDZ rallies, and his health status is also unclear.

Due to its structure, in which three members are close to the HDZ, the Independent Body clearly has difficulties acting lawfully in this case, so everything has been transferred to the BiH Council of Ministers. However, the law is clear. The BiH Council of Ministers is not competent for dismissal, and if it were to act outside the Independent Body, it would open up the possibility for Galić to file a lawsuit, which he would surely win.

Minister of Security Nenad Nešić specified that at this moment they can only act on Galić's request for relief if the Independent Body does not submit a request for dismissal. The Independent Body is of the opinion that they have already made a decision regarding Galić's dismissal and will not reopen this issue.

Now it is up to legal experts to provide an opinion to the BiH Council of Ministers on whether the conditions are met to terminate Galić's employment contract due to non-compliance with the provisions of the Law on Labor in BiH Institutions. This would prevent Galić from realizing benefits from this state agency and the BiH budget while he is on the run from criminal proceedings, and save BiH from disgrace.