C o u n c il o f R a d io a n d T e levision o f M o n tenegro STATUTE OF RADIO AND TELEVISION OF MONTENEGRO Podgorica, april 2003. godine
Pursuant to the Article 15 of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro, ( Official Gazette of the Republic of Montenegro No. 51/02 and 62/02, at the session from April 14th 2003, the RTCG Council adopted STATUTE OF RADIO AND TELEVISION OF MONTENEGRO I. BASIC PROVISIONS Article 1 The founder of the Public Enterprise Radio and Television of Montenegro shall be the Republic of Montenegro. The rights of the founder on behalf of the Republic of Montenegro shall be exercised by the Council of Radio and Television of Montenegro, in compliance with law. Public Enterprise "Radio and Television of Montenegro" shall have the status of legal entity and shall be entered into the court register. Article 2 Public Enterprise "Radio and Television of Montenegro" shall perform the activity of the public broadcasting services of the Republic in compliance with the provisions of the Media Law, Broadcasting Law and Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro, and this Statute. Article 3 The main activity of Public Enterprise Radio and Television of Montenegro shall be the production and broadcasting of radio and television programmes of importance to the citizens of Montenegro. Through its activities, Public Enterprise Radio and Television of Montenegro shall achieve public interest, observe the interests of the public and be accountable to the public. Public Enterprise Radio and Television of Montenegro shall independently decide upon the internal organization, manner of work, programming contents and time of their broadcasting. No change of the main activity of Public Enterprise Radio and Television of Montenegro shall be done without the consent of the Parliament of the Republic of Montenegro. 1
II. NAME, SEAT, SIGN, SEAL AND STAMP Name Article 4 The name of the Public Enterprise shall be Radio and Television of Montenegro. The abbreviation of the Public Enterprise shall be RTCG. Seat Article 5 The seat of RTCG shall be in Podgorica. The RTCG Council shall decide upon the change of the RTCG seat. Sign Article 6 The RTCG shall have its sign. The RTCG sign shall be determined by the RTCG Council. Seal and stamp Article 7 In dealing with legal matters, both seal and stamp shall be used, in addition to the signature of the authorized person. The seal shall be round, 35 mm in diameter and contain the full name of the Public Enterprise, seat and sign of the RTCG. The stamp shall be rectangular, it shall contain the full name of the Public Enterprise, seat and sign of the RTCG, as well as the space for the entry of a document number and date of registration. Article 8 The decisions regarding the appearance and manner of use of the seal and stamp, protection of the intellectual property and persons accountable for keeping shall be adopted by the RTCG Council. 2
III. REPRESENTATION OF RTCG Article 9 The RTCG shall be represented by the RTCG Director General. The RTCG Director General shall represent the RTCG within the framework of authorisations prescribed by the law and this Statute. Director of Radio of Montenegro and Director of Television of Montenegro shall act on behalf and represent Radio of Montenegro and Television of Montenegro, respectively within the framework of prescribed authorisations. Other persons shall represent the RTCG only on the basis of written authorisation of the RTCG Director General. The RTCG assets shall be owned by the state. IV. RTCG ASSETS Article 10 The RTCG assets shall consist of the ownership rights over movable assets and real estate, financial resources, securities and other property and production rights. The RTCG shall be liable for its commitments with all of its assets. The Republic of Montenegro shall have joint, several and unlimited liability for the commitments of RTCG. Article 11 The RTCG shall not burden or sell, without the consent of the RTCG Council, any real estate or other assets with a value exceeding 200,000.00. The RTCG shall not be privatised without the consent of the Parliament of the Republic of Montenegro. V. RTCG ACTIVITIES Main activity Article 12 RTCG shall perform its main activity through the production and broadcasting of radio and television programmes in compliance with the Article 3 of the Law on Public Broadcasting Services "Radio of Montenegro" and Television of Montenegro. 3
Business operations Article 13 The RTCG business operations shall be the following: production and broadcasting of radio and television programmes; production and broadcasting of other (special) radio and television programmes broadcast by means of satellite, Internet, teletext, cable, in the RDS system or in other way; production and sale of audio-visual works (films, shows, TV series, etc.) production and broadcasting of advertisements; recording, renting and sale of video and audio material; production and sale of sound and picture repositories; organising, preparation and broadcasting of public events; public performance of musical and stage works; production, sale, and public broadcasting of films from the field of cinematography; keeping and archive processing of video and audio material and other documentation; protection of intellectual ownership within the broadcasting rights; services within the scope of broadcasting activities; TV license; market mediation on local and foreign market; representation of foreign companies; publishing activity; multiplication of recorded material; information systems and electronic data processing; development and management of the databases; advertising and sponsorship; market research and polling; professional consultancy and engineering services in founding, planning and development of programmes of technology and production of broadcasting and other organizations; renting the production and technical capacities. VI. RTCG ACCOUNTABILITY AND LIABILITIES The RTCG shall be accountable to the public. Article 14 The accountability of RTCG to the public shall be realised through: 1. The procedure of appointment of the RTCG Council, its public work and duty to represent and protect citizens interests; 4
2. Informing the public about the RTCG activities by means of publicising the Operation Bulletin in print and electronic form; 3. The work of the Commission for Petitions and Complaints of Listeners and Viewers. Article 15 With the aim to achieve common interest in the field of information and broadcasting, the RTCG shall: 1. provide high-quality, diverse and balanced informative, cultural, educational, and entertaining contents 2. produce, adapt and broadcast the works of art 3. inform the public about the political, economic, cultural, educational, scientific, sporting and all other important events and issues both in the country and abroad in an objective, timely and balanced manner; 4. produce and broadcast programmes designed for all social segments, without any discrimination, paying special attention to specific social groups such as children and youth, handicapped, socially and medically challenged, etc.; 5. independently produce, edit and broadcast programmes that are not in service of political, economic or other centres of power; 6. respect privacy and dignity of citizens; 7. contribute to the observance and promotion of basic human rights and freedoms, democratic values, independent institutions, pluralism of ideas and values of multicultural society; 8. produce and broadcast objective and balanced programmes expressing the cultural identity of the nation, national and ethnic groups identified by the official statistics; 9. produce and broadcast programmes in native language of national and ethnic groups in the areas of their residence; 10. inform the foreign public about the events and accomplishments in culture and other fields in Montenegro and present Montenegrin radio and TV production abroad; 11. provide equal presentation of political parties, coalitions and candidates with the accepted candidacies and electoral lists, during the election campaign, and on the basis of special regulations; 12. implement the quotas for broadcasting of independent production programmes in compliance with the regulation adopted by of the Broadcasting Agency Council; 13. co-operate and exchange programming of interest for the citizens of the Republic of Montenegro with local public broadcasting services; 14. cherish the culture of public communication and linguistic standards: 15. observe the professional standards and programme regulations adopted by the RTCG Council. Article 16 No political propaganda, except during the election campaign, shall be allowed in the RTCG programmes. No religious propaganda shall be allowed in the RTCG Programmes. 5
VII. RTCG FUNDING RTCG shall be funded from: 1) a part of radio-television subscription, Sources of funding Article 17 2) a part of the tax for the use of radio receivers in motor vehicles registered in the Republic of Montenegro, 3) production and broadcasting of advertisements; 4) production and sale of audio-visual works (shows, films, series, etc.) and of sound and picture repositories; 5) sponsorship of programmes, 6) organisation of concerts and other manifestations; 7) the Budget of the Republic of Montenegro; 8) other sources in compliance with law. Use of funds Article 18 The RTCG income shall be used for financing of programme production of Radio of Montenegro and Television of Montenegro and for other purposes, on the basis of harmonized annual programme, production and financial plans. Broadcasting subscription funds shall be used to finance programme production of Radio of Montenegro and Television Montenegro, in compliance with the annual programme and production plans. Annual proportion of funds for Radio of Montenegro and Television of Montenegro shall be determined by the RTCG Council, upon the proposal of the RTCG Managing Board. The funds from the tax for radio receivers in motor vehicles registered in the Republic of Montenegro shall be used exclusively to finance the programme production of "Radio of Montenegro". The surplus income over the expenses shall be used exclusively for the programme quality improvement of the public broadcasting services in compliance with the decision of the RTCG Managing Board. Article 19 All fixed assets shall be registered as the RTCG joint property. Article 20 Business and organizational units Radio of Montenegro and Television of Montenegro and regional studios shall have the fixed assets for the special purpose of performing their activities, which are owned by the RTCG. Financial means for the renewal of fixed assets (depreciation) shall be registered and used at the level of RTCG, on the basis of harmonized needs of business and organizational units, in compliance with the separate decision of the RTCG Managing Board. 6
Article 21 The RTCG shall complete all transactions over a single gyro account. Business and organizational units Radio of Montenegro and Television of Montenegro shall have separate sub-accounts within the joint account of the RTCG. Funds collected by performing the services of business and organizational units Radio of Montenegro and Television of Montenegro shall be registered on the separate sub-account of the business and organizational unit, respectively within the joint account of the RTCG. Article 22 The RTCG shall have a single sub-account for the allocation of funds for reserves, joint expenses, investments, donations and other special purposes. Article 23 The RTCG is obliged to give the account of its activities in the joint annual balance sheet, with monthly, quarterly and semi-annual statements of accounts. Financial activities of the business and organizational units Radio of Montenegro and Television of Montenegro shall be determined at the end of the year by the internal annual balance sheet. Financial activities of the RTCG shall be public. Article 24 The RTCG Managing Board shall publish financial reports and annual balance sheet in the RTCG Bulletin. Article 25 The Budget of the Republic of Montenegro shall provide a part of funds for the realisation of the citizens rights to be informed granted by the Constitution and Law, on the basis of Radio of Montenegro and Television of Montenegro programming important for: 1) science and education development; 2) development of culture, 3) information intended for persons with eyesight and hearing impairments. With the aim to realise the rights referred to in paragraph 1 of this Article, the Republic shall provide a part of funds for programmes in Albanian and languages of other national and ethnic minorities. The funds referred to in paragraphs 1 and 2 of this Article shall be used for the production of the aforementioned programmes only. Article 26 If the funds provided from the Budget of the Republic are not sufficient for the realisation of legal duties of Radio of Montenegro and Television of Montenegro, the RTCG Council shall demand the deficient funds to be provided from the Budget of the Republic, provided that the independent auditor confirms that the deficit has not been caused by the unspecified or irrational use of the allocated funds. Article 27 On behalf of the Government of the Republic of Montenegro, the competent administrative authority in charge of public information activities and the Managing Board on behalf of RTCG shall 7
contractually regulate mutual rights and liabilities related to the use of the funds allocated from the Budget of the Republic of Montenegro, not later than 30 days from the date of coming into effect of the Law on the Budget of the Republic of Montenegro for the year. The manner and conditions of providing the funds from the Budget of the Republic shall not influence the editorial independence and autonomy of the RTCG. In compliance with the provisions of the Law on Budget, payment of the funds from the Budget of the Republic shall be done in four equal instalments. The contract referred to in paragraph 1 of this Article shall be published in the RTCG Operation Bulletin and submitted to the Broadcasting Agency. Article 28 All accounts of income, expenses and financial reports of the RTCG shall be subject to the annual audit of the independent auditor authorized by the RTCG Council. VIII. INTERNAL ORGANIZATION Article 29 The RTCG shall have two business and organizational units Radio of Montenegro and Television of Montenegro. Business units shall use their name only with full or abbreviated name of RTCG. Business units shall perform their activities in compliance with the RTCG business plan and programmes of activities within the radio and television activity. Business units shall implement their plan and programme independently with the separate account of the business results. Article 30 Internal organization of business units (organizational parts: working units, sectors, departments, editorial offices, etc.) shall be regulated by the Rule Book for Internal Organization. The joint organizational parts, which will service the business and organizational units Radio of Montenegro and Television of Montenegro in certain fields (technology, marketing, joint services, etc.), may be founded by the Rule Book for Internal Organization. The Internal Organization Regulation shall be adopted by the Managing Board. Article 31 Business units shall be managed by the Directors appointed and recalled by the RTCG Director General, on the basis of job advertisement and with the consent of the RTCG Council. Business units shall not have the status of legal entities. In case of founding the joint organizational parts (technology, marketing, joint services, etc.), persons appointed and recalled by the RTCG Director General, on the basis of job advertisement, shall be in charge of them. 8
IX. RTCG BODIES Article 32 The RTCG bodies shall be: 1) RTCG Council, 2) RTCG Managing Board, 3) RTCG Director General, The RTCG bodies are obliged to co-ordinate their work. 1.) RTCG Council Article 33 The RTCG Council shall represent interests of the citizens of the Republic. The RTCG Council shall have 11 members, who shall be the citizens of the Republic of Montenegro with the residence in the Republic of Montenegro and elected from respectable experts from the fields relevant to the performance of RTCG activities in compliance with the Broadcasting Law and the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro. The RTCG Council shall be independent of any public authority, as well as of all organisations and persons involved in the activity of production and broadcasting of radio and television programmes or related activities. The RTCG Council Members shall be entitled to monthly remuneration for their work, in the amount of 2.5 average monthly salaries on the RTCG level. The RTCG Council shall review the amount of monthly remuneration for its work in certain time period, which shall not be longer than six months. The amount of monthly remuneration shall be considered for the first time six months after coming into effect of the RTCG Statute. The RTCG Council shall Article 34 a.) Adopt: b.) Enact: 1) RTCG Statute; 2) programme documents of the Radio of Montenegro and Television of Montenegro ; 3) general documents regulating the issues related to the programme, professional and ethical standards in the RTCG; 4) the regulation of minimum work process to be satisfied during the strike of the employees, in compliance with the 5) provisions of a separate strike law; 1) RTCG Council Standing Orders; 2) regulations on presentation of political parties, coalitions and candidates with the accepted electoral lists and candidacies in the RTCG programmes during the election process; 9
3) separate regulation of foundation of the Internal Audit Service, as well as the detailed conditions and manner of its work; 4) regulations prescribing the powers, manner of work and decision-making of the RTCG Council s Commission for Petitions and Complaints of the Listeners and Viewers and RTCG Council s Commission for Programming in Albanian and Languages of Other National and Ethnic Groups. c.) Elect and recall: 1) Chairman and Vice-Chairman from the members of the RTCG Council in a way and according to the procedure prescribed by the RTCG Council Standing Orders; 2) authorized auditor of periodic and annual statements of account and publicise his finding in the RTCG Operation Bulletin; d.) Appoint and recall: 1) RTCG Managing Board; 2) Commission for Petitions and Complaints of the Listeners and Viewers; 3) Commission for Programming in Albanian and Languages of Other National and Ethnic Groups; e.) Approve: 1) appointment and recall of the Director of Radio of Montenegro and Director of Television of Montenegro, as persons with special rights and liabilities, in compliance with the RTCG Statute; 2) contract that the RTCG Managing Board signs with the administrative authority in charge of the public information issues for the provision of the funds allocated, in compliance with Law, from the Budget of the Republic of Montenegro for the production of programmes; 3) decisions of the RTCG Managing Board obligating the RTCG to pay or sell the real estate or other property or sign any legal deal in the total amount higher than 100,000.00; 4) decisions of the Managing Board regarding the purchase, sale and mortgaging of property; f.) f) Decide: 1) on the violation of programme principles prescribed by the Media Law, Broadcasting Law, and Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro ; 2) on the violation of the RTCG programme documents and propose to the Directors of Business Units Radio of Montenegro and Television of Montenegro undertaking of certain measures after being informed about their opinion; 3) on publication of Operation Bulletin in print and electronic form; 4) on other activities in compliance with the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro. Article 35 Nobody has the right to influence, in any way, the work of the RTCG Council Members, and they shall not be not obliged to observe anybody s instructions with regard to their work, except the decisions of a competent court. 10
The RTCG Council Members shall not represent the institutions or organisations that nominated them, but they shall perform their duties independently, according to their knowledge and conscience, in compliance with the provisions of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro. Article 36 The term of office of the RTCG Council Member shall start with the day of the appointment confirmation and last for five years, with a possibility of re-appointment. While appointing the first composition of the RTCG Council, four members shall be elected for five, four of them for four and three of them for three-year term of office. The Parliament Speaker of the Republic of Montenegro shall determine the term of office duration for the first composition of the RTCG Council by drawing lots. Article 37 In case of termination of the term before the expiry of the period of time for which a RTCG Council Member has been appointed, the authorised nominator is obliged, without any delay, and not later than within 30 days from the date of the verification of the term of office termination, to submit to the Parliament of the Republic of Montenegro the appointment document for new RTCG Council Member. The verification of appointment by the Parliament of the Republic of Montenegro shall be valid for the period until the expiry of the term of the RTCG Council Member, whose term has ended in compliance with the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro. Until the verification of the appointment of the new RTCG Council Member, the RTCG Council shall adopt valid decisions as an incomplete entity, but if the number of members is less than seven, the RTCG Council shall not adopt valid decisions. Article 38 Six months prior to the expiry of the term of office of the RTCG Council Member, the Chairman of the RTCG Council shall inform the Parliament Speaker of the Republic of Montenegro in a written form about the need of conducting the procedure of appointment of the new RTCG Council Member in compliance with the Article 20 of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro. Article 39 The RTCG Council Member is obliged to immediately inform the RTCG Council Chairman, in writing, about changes in his status preventing him from performing the duty of the RTCG Council Member in compliance with the Article 23 of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro. Article 40 The term of office of the RTCG Council Member shall be ended only in a procedure prescribed by the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro. Persons who do not meet the conditions prescribed by the Article 23 of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro shall not be the RTCG Council Members. 11
Article 41 The RTCG Council Members shall not be recalled during their term of office. As an exception of the paragraph 1 of this Article, and based on the decision of the authorised nominator of the RTCG Council Member, the Parliament of the Republic shall confirm the recall of the member and appointment of another member, who shall finish the remaining term of the recalled member in compliance with the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro. The decision on recall may be adopted on the basis of the explained RTCG Council s proposal only, after the procedure has been completed, establishing all relevant circumstances and offering the possibility to the RTCG Council Member, against whom the procedure has been brought, to give statement with regard to all circumstances. The RTCG Council may, by two-third-majority vote of the total number of its members, adopt the decision on suspending the Council Member until the Parliament of the Republic of Montenegro verifies the decision on recall. Article 42 The regular session of the RTCG Council shall be held every 3 months. RTCG Council may hold extraordinary session upon the request of at least five of its members, Chairman of the RTCG Council, Chairman of the RTCG Managing Board and RTCG Director General. Article 43 The RTCG Council shall adopt valid decisions if more than one half of the total number of members is present at the session. The RTCG Council shall adopt decisions with the majority vote of the total number of the RTCG Council Members. Article 44 The RTCG Council sessions shall be open to the public. The Council may, by two-third majority of the total number of members, decide to close its session for the public if the issues that can be defined as a RTCG business secret are on the agenda. The Chairman or Vice-Chairman of the RTCG Council shall be obliged to inform the public about the activities of the RTCG Council at press conferences. Decisions of the RTCG Council shall be published in the RTCG Bulletin. The Council member shall have the right to present his position in public. Article 45 Chairman of the Managing Board, RTCG Director General and Directors of business units Radio of Montenegro and Television of Montenegro, shall be obliged and have the right to take part in the RTCG Council sessions if invited by the RTCG Council, without the decision-making right. Due to certain reasons, the RTCG Council may decide, by two-third majority of present members, to exclude from its work the person referred to in paragraph 1 of this Article. The participation of other persons in the RTCG Council s work shall be regulated by the RTCG Council Standing Orders. 12
1.a) RTCG Council s Commission for Petitions and Complaints of the Listeners and Viewers Article 46 The Commission for Petitions and Complaints of the Listeners and Viewers shall be appointed and recalled by the RTCG Council. The Commission for Petitions and Complaints of the Listeners and Viewers shall monitor the observance of the RTCG programme principles, consider the petitions and complaints of listeners and viewers, provide opinion and initiatives for the RTCG Council and perform other activities prescribed by a separate regulation of the RTCG Council. Article 47 The members of the RTCG Council s Commission for Petitions and Complaints of the Listeners and Viewers shall be the citizens of the Republic with the residence in the Republic and elected from respectable experts from the fields relevant to the performance of activities of this Commission. The RTCG Council s Commission for Petitions and Complaints of the Listeners and Viewers shall have five members elected for the period of 4 years. The Chairman of the RTCG Council shall be in charge of the appointment procedure for the members of the Commission for Petitions and Complaints of the Listeners and Viewers, in compliance with the RTCG Council Standing Orders. Article 48 Persons who, in compliance with the Article 23 of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro, are not qualified to be the RTCG Council Members shall not be appointed the Members of the RTCG Council s Commission for Petitions and Complaints of the Listeners and Viewers. Article 49 The RTCG Council s Commission for Petitions and Complaints of the Listeners and Viewers shall work in compliance with the standing orders adopted by the RTCG Council. Members of the RTCG Council s Commission for Petitions and Complaints of the Listeners and Viewers shall have the right to monthly remuneration determined by the RTCG Council. The work of the RTCG Council s Commission for Petitions and Complaints of the Listeners and Viewers shall be public and its positions and recommendations shall be published in the RTCG Bulletin. Article 50 Programme principles and professional standards, whose implementation is controlled by the RTCG Council s Commission for Petitions and Complaints of the Listeners and Viewers, shall be adopted by the RTCG Council. The RTCG Council Member may demand a written reply from the RTCG Council s Commission for Petitions and Complaints of the Listeners and Viewers regarding the possible violation of programme principles and professional standards determined by the RTCG Council. Article 51 By a simple majority of vote of the total number of Council Members, the RTCG Council shall decide on the violation of programme principles and professional standards of the RTCG. 13
Upon the demand of the RTCG Council Member or the Chairman of the RTCG Council s Commission for Petitions and Complaints of the Listeners and Viewers, the RTCG shall be obliged to provide the access to the broadcast programming in the shortest possible period of time. If it determines the violation of programme principles and standards, the RTCG Council shall demand from the Directors of business and organizational units Radio of Montenegro and Television of Montenegro to prevent further broadcasting of the programme in question. 1.b) The RTCG Council s Commission for Programming in Albanian and Languages of Other National and Ethnic Groups Article 52 The Commission for Programming in Albanian and Languages of Other National and Ethnic Groups shall be appointed and recalled by the RTCG Council. The Commission for Programming in Albanian and Languages of Other National and Ethnic Groups shall monitor the observance of the programme principles and realization of programming of interest to the members of national and ethnic groups, provide opinion and initiatives for the RTCG Council and perform other activities prescribed by a separate regulation of the RTCG Council. Article 53 The members of the RTCG Council s Commission for Programming in Albanian and Languages of Other National and Ethnic Groups shall be the citizens of the Republic with the residence in the Republic and elected among respectable experts from the fields relevant to the performance of activities of this Commission. The RTCG Council s Commission for Programming in Albanian and Languages of Other National and Ethnic Groups shall have five members elected for the period of 4 years. The Chairman of the RTCG Council shall be in charge of the appointment procedure for the members of the Commission for Programming in Albanian and Languages of Other National and Ethnic Groups, in compliance with the RTCG Council Standing Orders. Article 54 Persons who, in compliance with the Article 23 of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro, are not qualified to be the RTCG Council Members shall not be appointed the Members of the RTCG Council s Commission for Programming in Albanian and Languages of Other National and Ethnic Groups. Article 55 The RTCG Council s Commission for Programming in Albanian and Languages of Other National and Ethnic Groups shall work in compliance with the standing orders adopted by the RTCG Council. Members of the RTCG Council s Commission for Programming in Albanian and Languages of Other National and Ethnic Groups shall have the right to monthly remuneration determined by the RTCG Council. The work of the RTCG Council s Commission for Programming in Albanian and Languages of Other National and Ethnic Groups shall be public and its positions and recommendations shall be published in the RTCG Bulletin. 14
1.c) Minutes from the session of the RTCG Council and its commissions Article 56 The minutes shall be kept on the RTCG Council sessions, the RTCG Council s Commission for Petitions and Complaints of the Listeners and Viewers and the RTCG Council s Commission for Programming in Albanian and Languages of Other National and Ethnic Groups. The minutes shall be distributed to the RTCG Council Members and members of the RTCG Council s Commission for Petitions and Complaints of the Listeners and Viewers and the RTCG Council s Commission for Programming in Albanian and Languages of Other National and Ethnic Groups, as well as to other authorized participants in work. The minutes shall include the following: a.) place and time of the session, b.) names of the participants, c.) establishment of quorum, Article 57 d.) acceptance of minutes from the previous session, e.) agenda of the session, f.) decisions adopted and manner of voting at the session. Article 58 At the beginning of each RTCG Council session, the RTCG Council s Commission for Petitions and Complaints of the Listeners and Viewers and the RTCG Council s Commission for Programming in Albanian and Languages of Other National and Ethnic Groups shall accept the minutes from the previous session. The RTCG Council, the RTCG Council s Commission for Petitions and Complaints of the Listeners and Viewers and the RTCG Council s Commission for Programming in Albanian and Languages of Other National and Ethnic Groups may adopt the decision on audio recording of sessions by a simple majority of the present members. 2.) RTCG Managing Board Article 59 RTCG Managing Board shall have five members, appointed and recalled by the RTCG Council. Four members of the RTCG Managing Board shall be appointed on the basis of job advertisement, by secret vote among several candidates. Members of the RTCG Managing Board who are elected on the basis of job advertisement shall have the support of the majority of the total number of RTCG Council Members. Article 60 One member of the RTCG Managing Board shall be proposed by the RTCG employees, on the basis of the public invitation. The Article 23, paragraph 1, indented line 2 of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro shall not refer to the member of the RTCG Managing Board proposed by the RTCG employees. 15
The proposal for appointment of the Managing Board member from the RTCG shall be submitted to the Council with the written consent of acceptance of the appointment proposal and statement of the proposed person that there are no obstacles for his appointment prescribed by the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro. Every individual candidacy for the member of the Managing Board shall be supported by the signature of the RTCG employees, both for unspecified and specified time, with the identification card numbers and birth registration number of the employee. The Council shall reject the proposal for appointment of the managing Board member if the appointment proposal has been submitted contrary to the provisions of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro and this Statute or if the RTCG services do not confirm the authenticity of the obtained signatures for the proposed candidate. If several candidates have been proposed, the RTCG Council shall accept the appointment of the candidate supported by the majority of the RTCG employees. Article 61 The Managing Board Members shall be appointed from the recognised media, management, legal, and financial experts. A person who is not qualified, in compliance with the Article 23 of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro, to become a member of the RTCG Council shall not be appointed a member of the Managing Board. The term of office for the Managing Board Members shall be four years, with the possibility of reappointment. Article 62 The members of the Managing Board shall perform their duties independently, according to their own knowledge and conscience, in compliance with the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro and they shall not represent interests of third parties in their work. Article 63 A member of the Managing Board may be recalled before the expiry of his term in compliance with the Article 27 of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro. The RTCG Council may recall the RTCG Managing Board or a member of the RTCG Managing Board if such a proposal is supported by the majority of the total number of the RTCG Council Members, and the RTCG Director General shall be accountable to the Council for all activities of the RTCG until the appointment of the new Managing Board. The Managing board shall: Article 64 a.) Adopt: 1) operating plans and operating reports; 2) periodic and annual statements of account for the entire RTCG; 3) periodic and annual statements of account for the business and organizational units Radio of Montenegro and Television of Montenegro ; 4) general regulation of internal organisation; 16
5 general regulation of job classification in RTCG, proposed by the Director General in co-operation with the Directors of business and organizational units Radio of Montenegro and Television of Montenegro ; 6) investment and financial plans of RTCG to be approved by the RTCG Council. b.) Appoint and recall: c.) Sign: d.) Enact: e.) Approve: 1) RTCG Director General, by the majority of the total number of members, provided that the decision on appointment follows the advertisement, that it is reached by secret vote for one among several candidates, and that the RTCG Council was consulted; 1) labour contract with the Director General; 2) individual collective agreement with the trade union; 1) decisions on the purchase, sale or mortgaging of the assets; 2) decisions on taking bank loans or issuing financial guarantees; 3) its Standing Orders; 1) signing of the contract related to the investments, if the total amount to be paid by the RTCG exceeds the amount determined by the RTCG Statute; 2) change of budget allocations; 3) decisions of the RTCG Director General, obligating the RTCG to pay or sell the real estate or other property or sign a legal deal in the total amount higher than 100,000.00; The RTCG Managing Board shall be involved in other activities in compliance with law and statute. The members of the Managing Board shall be entitled to remuneration for their work in monthly amount of 2.5 average salaries at the RTCG level. The RTCG Council shall review the amount of monthly remuneration for the work of the RTCG Council members in certain time period, which shall not be longer than six months. The amount of monthly remuneration shall be considered for the first time six months after coming into effect of the RTCG Statute. Article 65 The manner of work of the RTCG Managing Board shall be prescribed by Standing Orders. The Chairman of the RTCG Council shall convene and chair the constitutive session of the RTCG Managing Board until the election of the Chairman. At the constitutive session of the RTCG Managing Board, the Chairman shall be elected by the majority vote of the total number of the Managing Board, in a secret ballot. Article 66 Sessions of the RTCG Managing Board shall be convened and chaired by the Chairman of the Managing Board. Sessions of the RTCG Managing Board shall be attended by: the RTCG Director General, Director of Radio of Montenegro and Director of Television of Montenegro, without the decision-making rights. 17
3.) The RTCG Director General Article 67 The RTCG Director General shall be a person who is a citizen of the Republic with the residence in the Republic, has a university degree, and at least five years of professional experience, speaks at least one foreign language, acquainted with the RTV activities and capable of leading bigger organizational systems. Director General shall: 1. act for and represent the RTCG; 2. organise and manage the process of work and operations of the RTCG; 3. carry out the decisions of the RTCG Managing Board; 4. appoint and recall the Directors of business and organizational units Radio of Montenegro and Television of Montenegro, provided that the appointment decision is preceded by job advertisements and approval of the RTCG Council; 5. sign labour contract with the Director of Radio of Montenegro and Director of Television of Montenegro ; 6. prepare the proposal of general regulation of internal organisation and general regulation of job classification in RTCG in co-operation with Director of Radio of Montenegro and Director of Television of Montenegro and propose it to the RTCG Managing Board; 7. perform other duties regulated by law and RTCG Statute. Article 68 The term of office of the Director General shall be four years and the same person shall not be appointed the Director General more than two times consecutively. A person, who is not qualified to be the RTCG Council Member, as by provisions set out herein, shall not be appointed the Director General. The Article 23, paragraph 1, indented line 2 of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro shall not refer to the candidates for the appointment of the Director General. Article 69 Job advertisement for the appointment of the RTCG Director General shall be published and conducted by the RTCG Managing Board. The elements of the labour contract shall be the integral part of the job advertisement. Article 70 If nobody applies to the advertisement for the election of the RTCG Director General or nobody from the applied candidates is elected, the advertisement shall be repeated. Until the appointment of the RTCG Director General, on the basis of the repeated advertisement, the RTCG Managing Board shall appoint the Acting Director General, but for the period not longer than 6 months. The job advertisement procedure, appointment and recall of the RTCG Director General, shall be conducted by the RTCG Managing Board in compliance with the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro, this statute and Standing Orders of the RTCG Managing Board. 18
Directors of the business and organizational units Radio of Montenegro and Television of Montenegro Article 71 Directors of the business and organizational units Radio of Montenegro and Television of Montenegro shall be appointed and recalled, on the basis of job advertisement, by the RTCG Director General, with previous consent of the RTCG Council, in compliance with the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro. Persons who are the citizens of the Republic with the residence in the Republic, have university degrees and at least five years of experience in the field of media, speak at least one foreign language, acquainted with the RTV activities and capable of leading bigger organizational systems may be appointed Directors of the business and organizational units Radio of Montenegro and Television of Montenegro. Directors of the business and organizational units Radio of Montenegro and Television of Montenegro shall be appointed for the term of four years, with the possibility of reappointment. Article 72 Persons, who are not qualified to be the RTCG Council Members, as by provisions of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro, shall not be appointed the Directors of the business and organizational units Radio of Montenegro and Television of Montenegro. The Article 23, paragraph 1, indented line 2 of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro shall not refer to the candidates for the appointment of the Directors of the business and organizational units Radio of Montenegro and Television of Montenegro. Article 73 The Directors of the business and organizational units Radio of Montenegro and Television of Montenegro shall: 1) manage the business unit Radio of Montenegro and Television of Montenegro respectively; 2) act for and represent the business and organizational unit Radio of Montenegro and Television of Montenegro, respectively within the authorisations given; 3) propose the programme orientation of Radio of Montenegro and Television of Montenegro, respectively and shall be accountable for its implementation to the RTCG Council, in compliance with law and RTCG Statute; 4) enforce adopted operating plans of the business and organizational units Radio of Montenegro and Television of Montenegro, respectively; 5) implement the legal provisions related to the programming; 6) appoint and recall Programme Editors in Radio of Montenegro and Television of Montenegro, respectively; 7) propose to the RTCG Director General the internal organisation and job classification in the business and organizational units Radio of Montenegro and Television of Montenegro, respectively; 8) sign the labour contracts with the employees of the business and organizational units Radio of Montenegro and Television of Montenegro, respectively in compliance with the RTCG Statute and general regulation of internal organisation and job classification; 19
9) carry out the decisions of the Commission for Petitions and Complaints of Listeners and Viewers; 10) perform other duties as provided by the RTCG Statute. Recall of the Director Article 74 The RTCG Director General, Directors of business and organizational units Radio of Montenegro and Television of Montenegro may be recalled before the expiry of their term in compliance with the Article 32 of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro. The RTCG Council may request the Managing Board to start dismissal procedures against the Director General and may withdraw its approval to the appointment of the Directors of business and organizational units "Radio of Montenegro" and Television of Montenegro, respectively. Prior to the adoption of the decision on recall, the RTCG Director General, Directors of business and organizational units Radio of Montenegro and Television of Montenegro shall be given a chance to advance explanations concerning the reasons for being recalled. The Director General and the Directors of business and organizational units "Radio of Montenegro" and "Television of Montenegro" may be recalled if they: o act contrary to the law and general regulations of the RTCG; o fail to implement the RTCG programme and other documents; o fail to implement the decisions and conclusions of the RTCG Council; o cause damage to the RTCG with their negligent and irregular work; o submit the written request for the recall. The RTCG Director General, Directors of business and organizational units Radio of Montenegro and Television of Montenegro shall have the right to institute an administrative proceeding against the decision on recall, in compliance with a separate law. The decision of the RTCG Director General regarding the recall of the Directors of business and organizational units Radio of Montenegro and Television of Montenegro shall be approved by the RTCG Council. The RTCG Director General shall be recalled by the RTCG Managing Board if such proposal is supported by the majority of the total number of members of the RTCG Managing Board. Legality of work Article 75 The RTCG shall perform its activities in compliance with the provision of the Media Law, Broadcasting Law, Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro, other laws and regulations, this Statute and other regulations adopted on the basis of law and this Statute. The RTCG Council shall control and be accountable to the public for the legality of work in the RTCG. The RTCG Managing Board shall be accountable to the RTCG Council for the legality and success of work in the RTCG. The RTCG Director General shall be accountable to the RTCG Managing Board for the legality and success of work in the RTCG. 20
The RTCG Director General may suspend the implementation of the regulation of the RTCG Managing Board if he believes it to be contrary to the laws and is obliged to inform the RTCG Council about that not later than within 24 hours. Programme Editors Article 76 The Programme Editors shall be appointed and recalled by the Directors of business and organizational units Radio of Montenegro and Television of Montenegro, respectively. Programme Editors shall be accountable to the Directors of business and organizational units Radio of Montenegro and Television of Montenegro, respectively for the implementation of the programme documents of Radio of Montenegro and Television of Montenegro. Article 77 Programme Editors shall decide on the programme content in compliance with law, programme principles and standards determined by the RTCG Council and other regulations from the field of journalism. Programme Editors shall be accountable to the Directors of business and organizational units Radio of Montenegro and Television of Montenegro, respectively for all published information in compliance with the Media Law. Article 78 Programme Editors shall have the right to demand the protection of the RTCG Council in case of violation of their independence regarding the adoption of decisions related to programming and their implementation. Article 79 Programme Editors are obliged to observe the independence of journalists and other programmemakers. A person fulfilling the following conditions may be appointed Programme Editor: - university degree; - at least 5 years of work experience in the field of journalism and editing in media; - knowledge of at least one foreign language; - professional references for editorial activities in media. The Directors of business and organizational units Radio of Montenegro and Television of Montenegro, respectively shall publish the advertisement for the appointment of programme editors. Article 80 A person who is not qualified, in compliance to the Article 23 of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro to become a member of the RTCG Council shall not be appointed Programme Editor. The provisions of the Article 23, paragraph 1, indented line 2 of the Law on Public Broadcasting Services Radio of Montenegro and Television of Montenegro shall not refer to the candidate for the Programme Editor of Radio of Montenegro and Television of Montenegro. 21