An Act To Amend The Act Of 7 December 1998 Organizing A Police Service That Is Integrated, Structured On Two Levels, With Regard To The Police Board (1)

Original Language Title: Loi modifiant la loi du 7 décembre 1998 organisant un service de police intégré, structuré à deux niveaux, en ce qui concerne le conseil de police (1)

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Published the: 2017-06-22 Numac: 2017020392 Interior FEDERAL PUBLIC SERVICE May 31, 2017. -Act to amend the Act of 7 December 1998 organizing an integrated police service structured on two levels, with regard to the Board of police (1) PHILIPPE, King of the Belgians, to all present and future salvation.
The House of representatives has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
Art. 2. in article 25 of the Act of 7 December 1998 organizing a police service that is integrated, structured on two levels, amended by the law of 26 April 2002, the following changes are made: (1) 1st paragraph is completed with the following sentence: "the session is open and lifted by president.";
(2) paragraph 3 is replaced by the following: "the police board is convened by the police college. At the request of one third of the members in office, the police college is required to summon police to the days and hours indicated Council. "."
Art. 3. in the Act are inserted articles 25/1 to 25/8, written as follows: "art. 25/1. § 1. Except in cases of emergency, the convocation is done by mail, by hand at home, by fax or by e-mail, at least seven working days before the day of the meeting; the notice contains the order of the day. However, this period is reduced to two working days for the purposes of article 25/4, paragraph 3.
The points of the agenda should be exposed with sufficient clarity.
§ 2. For each point of the agenda, all parts thereto are put at the disposal of the members of the police board as soon as the order of the day. The rules of procedure referred to in article 25/5 determines the place where members of the police board can consult documents.
If a member of the police Board made the request in writing or electronically, the documents referred to in paragraph 1 are transmitted electronically.
§ 3. The Chief of the local police or officials designated by him provide the police board members that request technical information about the documents in the record. The rules of procedure referred to in article 25/5 sets the terms under which this technical information is provided.
Art. 25/2. § 1. A point not listed in the agenda cannot be examined, except in cases of emergency, when the slightest delay could cause harm.
Urgency is decided with the agreement of two-thirds of the members present. The names of these members are mentioned in the minutes.
§ 2. Any proposal not included in the agenda must be submitted to the president or to the person who replaced him at the latest five working days before the meeting. It must be accompanied by an explanatory note or any document to inform the Commission. It is prohibited for members of the police college to make use of this option.
Art. 25/3. No later than seven working days before the meeting during which the police Council is called upon to deliberate on the budget, a budget change or accounts, the police college shall deliver to every Member of the police board, mail carrier at home, fax, or e-mail, a copy of the draft budget, budget change or accounts.
The project shall be such that it will be subject to the deliberations of the Council, in the form prescribed and accompanied by the annexes required for its final judgment, with the exception of supporting documents regarding accounts. The draft budget and accounts are accompanied by a report.
The report contains a summary of the budget or accounts. As well, the budget report presents general and financial policy in the area of police, as well as all the useful information, and accounts report summarizes the financial management of the police zone during the year to which the accounts relate.
Until the police board deliberates, the content of the report is discussed.
Art. 25/4. Except in an emergency, the place, the day, time and the agenda of meetings of the Board of police are brought to the attention of the public by posting to the communal houses and the central police station, as well as by way of publication on the website of the police zone deadlines identical to those referred to in articles 25/1 25/2, paragraph 3, and 25/3, with regard to the convening of the police board.
25/5. The police Board adopts a rules of procedure. In addition to the provisions this Act prescribes to record, this Regulation may include additional measures relating to the functioning of the Council.
Art. 25/6. The police board meetings are public.
If it is necessary to proceed from a point to camera during a public meeting, this meeting may be interrupted only for this purpose.
Without prejudice to article 25/3, the police Board may decide, by a majority of two thirds of the members present, in the interest of public order as well as on the basis of serious objections to advertising, that the meeting is not public.
25/7. Meetings of the Board of police about individuals are not public. When a point of this nature is the order of the day, the speaker orders, on the field, that it be considered in camera.
Art. 25/8. The president of the police board is responsible for maintaining order during the meeting. After a prior warning, he can get kicked out of the room anyone who publicly manifests its approval or disapproval, or leads to disorder in any way whatsoever.
The president may also draw up a report to the offender management, and return it before the police court which could sentence him to a fine of euro 15 euro or imprisonment from one day to three days, without prejudice to other prosecutions, if gives place. "."
4. in article 26 of the Act, the following changes are made: (1) a written paragraph as follows shall be inserted before the existing text: "each Member of the Board of police, including members of the police college, has a voice";
(2) in the current text of article 26, which will form, paragraph 2, the words "by way of derogation to the previous post", are replaced by the words "by way of derogation from the previous".
Art. 5. in the Act are inserted the 26/1 to 26/3 articles as follows: "art. 26/1. § 1. Decisions are taken by an absolute majority of the votes; in case of equality of votes, the proposal is rejected.

2. the police Board vote on the whole of the budget and annual accounts as a whole.
Each Member may however require vote separated from one or several items or groups of items designated, whether budget or one or more items or positions designated, in the case of the annual accounts.
In this case, the vote on the whole may take place after the vote on the items, groups of items or positions so designated. The vote on the whole then covers the items or items on which no Member wishes voting separately and on items that have already been adopted in a separate vote.
Art. 26/2. Without prejudice to paragraph 4, the police board members vote aloud.
The rules of procedure may provide a voting method equivalent to vote aloud. Are considered as such mechanically expressed personal voting and voting by sitting and standing or freehand.
Notwithstanding the provisions of the internal rules, the vote was taken out loud whenever a third of those present demand.
Only nominations of candidates, appointments, layoffs, preventive suspensions in the interest of the service and disciplinary make subject to a secret ballot, by an absolute majority of votes.
The speaker vote, except in the case of secret ballot.
26/3. If the required majority for the appointment or the presentation of candidates is not obtained in the first round of voting, there shall a vote runoff between the two candidates who obtained the greatest number of votes.
For this purpose, the Chairman shall establish a list containing twice as many names as there are appointments or to do presentations.
Votes may be given to candidates on this list.
The appointment or the presentation took place in a majority of the votes. In case of equality of votes, the older candidate is preferred. "."
6. article 27 of the Act is replaced by the following: "art. 27 § 1.
No act, no room for the administration of the police zone may be exempted from examination of police advisers.
§ 2. Police advisers can get copy of the acts and parts related to the administration of the police zone under the conditions laid down by the rules of procedure established by the Council. This regulation also specifies the conditions of access to the services of the police zone. The fee eventually claimed for the copy cannot in no case to exceed the cost.
§ 3. Police advisers have the right to ask the college of police of the written and oral questions. The rules of procedure shall determine the conditions of exercise of this right. "."
Art. 7. in the Act are inserted the 27/1-27/3 articles as follows: "art.
27/1. Unless otherwise provided in the rules of procedure, at the opening of each session, mention is made of the minutes of the previous meeting and he is asked to adopt it.
The minutes of the previous meeting is in any event put at the disposal of the members of the Board of police seven days before the day of the meeting. In an emergency, the record is made available at the same time as the order of the day.
The rules of procedure referred to in article 25/5 determines the place where the record may be consulted by members of the police board.
All police adviser has the right, during the session, to comment on the drafting of the minutes of the previous sitting. If these comments are adopted, the Secretary is required to present at the hearing or at the latest at the next meeting, a new text in line with the decision of the Board of police.
If no comment is made before the end of the meeting, the minutes is considered to be adopted and signed by the Chairman and the Secretary.
If the police board convened emergency, he may decide to admit the remarks at the first meeting following.
Whenever the police Board considers it desirable, the minutes is written forthwith, in whole or in part, and signed by the members present.
Once adopted and signed by the Chairman and the Secretary, the minutes of each meeting is posted on the website of the police zone.
Notwithstanding paragraph 8, the minutes points that have been discussed behind closed doors are not put online on the website of the police zone.
27/2. The police board can make a decision if the majority of members are not present.
However, if the Council has been called twice without being found in the required number, it may, after a third and final convocation, regardless of the number of members present, validly debate and make decisions about the subjects for the third time to the order of the day.
The second and third notice shall be in accordance with the rules prescribed by article 25/1, and it should be clarified if it is for the second or the third time that the meeting took place. In addition, the third notice shall remember verbatim the two preceding paragraphs.
Art. 27/3. It is prohibited for any member of a Board of police and members of the police college: (1) to be present or represented at a deliberation or decision bearing on subjects in which they have a direct interest, either personally or as Chargés d'affaires, before or after their election, or that their parents or allied to the fourth degree inclusive have a personal and direct interest. This prohibition does not extend beyond the parents or allies up to the second degree, when it comes to the presentation of candidates, nominations or disciplinary proceedings;
(2) to take part directly or indirectly to any service, any perceived rights, any provision or auction any police area.
(3) Act as lawyer, notary or businessman in the trial directed against the police zone. They cannot, in the same capacity, pleading, notice or follow any contested case any in the interest of the police zone.
(4) to act as a Board of a member of the staff disciplinary.
These provisions shall apply also to the Secretary. "."
Enact this Act, order that it self clothed with the seal of State and published in the Moniteur belge.
Given to Brussels, May 31, 2017.
PHILIPPE by the King: the Deputy Prime Minister and Minister of security and the Interior, J. ham sealed with the seal of the State: the Minister of Justice, K. GEENS _ Note (1) House of representatives ( Documents: 54-2004-2015/2016.
Full report: May 11, 2017.

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