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UNMIK/PR/619 Local Municipal Authorities Cannot Appoint Directors of Municipal Companies PRISTINA - UNMIK Pristina Region is in complete agreement with the Pillar IV Department of Public Utilities that the competency to appoint the directors of public utility municipal companies, including Higjeno Teknika, does not lie entirely with the local municipal authorities. While the latter are entrusted with relevant responsibilities, these responsibilities are implemented as long as they do not contradict specific laws regulating specific fields of activity. The provisions set forth in UNMIK Regulation 2000/49 should be primarily considered with reference to Public Utilities related issues. In particular, in accordance with PUD guidelines issued within the framework of UNMIK Regulation 2000/49 a supervisory board operating under the PUD oversight is the only body responsible for the appointments of directors in public utilities companies. As to the particular case of the appointment of Mr. Shefki Gashi by the Municipality as Director of Higjeno Teknika, there appears to be a violation of the provision set forth in Regulation 2000/45 article 17 point 4 that explicitly prohibits the employment of members of the Municipal Assembly in any supervisory position by the Municipality. Furthermore, the appointment procedures followed on this occasion do not comply with article 30 point 5 of the same Regulation. We anticipate the issuance of an Executive Order by SRSG ensuring that the appropriate procedure be followed as well as reinforcing the authority of the Department of Public Utilities in the realm of provision of public utilities services. Any attempt by individuals or the Municipality to illegally occupy this position could result in disciplinary actions. UNMIK Pristina Region calls upon local authorities to abide by the relevant Regulations and extend their support and co-operation so as to reach our mutual goals in harmony rather undertaking actions which are contradictory to the interest of the people of Kosovo.
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