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31 MAY 2017. - An Act to amend the Act of 7 December 1998 to establish an integrated, two-tiered police service with respect to the police board (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. In section 25 of the Act of 7 December 1998 organizing an integrated, two-tiered police service, as amended by the Act of 26 April 2002, the following amendments are made:
1st paragraph 1^er is supplemented by the following sentence:
"The meeting was opened and adjourned by the President. ";
2° Paragraph 3 is replaced by the following:
"The police council is summoned by the police college. At the request of a third of the members on duty, the Police College is required to convene the Police Council at the specified days and times. ".
Art. 3. In the same Act, articles 25/1 to 25/8, as follows:
"Art. 25/1. § 1^er. Except for emergencies, the summons shall be made by mail, home carrier, fax or e-mail, at least seven working days before the day of the meeting; the convocation contains the agenda. However, this period is reduced to two working days for the purposes of section 25/4, paragraph 3.
Agenda items should be exposed with sufficient clarity.
§ 2. For each agenda item, all related documents are made available to the members of the Police Council upon delivery of the agenda. The rules of procedure referred to in section 25/5 determine where members of the police board may consult the documents.
If a member of the police board has made an application in writing or electronically, the parts referred to in paragraph 1^er are transmitted electronically.
§ 3. The chief of the local police force or officials designated by him shall provide the members of the police council who request technical information on the documents on file. The rules of procedure referred to in Article 25/5 shall determine the terms and conditions under which such technical information is provided.
Art. 25/2. § 1^er. An item not on the agenda may not be considered, except in emergency cases, where any postponement may cause harm.
The emergency is decided only with the agreement of at least two thirds of the members present. The names of these members are mentioned in the minutes.
§ 2. Any proposal not on the agenda must be submitted to the Chair or to the person who replaces it no later than five working days before the sitting. It must be accompanied by an explanatory note or any document to inform the board. Members of the Police College are prohibited from using this faculty.
Art. 25/3. No later than seven working days prior to the meeting in which the Police Council is called to deliberate on the budget, budget changes or accounts, the Police College shall provide each member of the Police Board, by mail, home carrier, fax or e-mail, with a copy of the proposed budget, budget changes or accounts.
The project is communicated as it will be submitted to the Board's deliberations, in the prescribed form and accompanied by the annexes required for its final judgment, with the exception of supporting documents with respect to the accounts. The budget proposal and the accounts are accompanied by a report.
The report contains a summary of the proposed budget or accounts. In addition, the budget report presents the general and financial policy of the police area, as well as all relevant information, and the account report synthesizes the financial management of the police area during the fiscal year to which these accounts relate.
Before the police board deliberates, the content of the report is commented.
Art. 25/4. Except in the event of an emergency, the place, the day, the time and the agenda of the meetings of the police council shall be notified to the public by posting to the communal houses and the central police station, as well as by posting on the website of the police zone within the same time limits as those referred to in articles 25/1, 25/2, paragraph 3, and 25/3, with respect to the convocation of the police council.
Art. 25/5. The Police Council adopts rules of procedure. In addition to the provisions prescribed in this Act, this regulation may include additional measures relating to the operation of the board.
Art. 25/6. Police Council meetings are public.
If it appears necessary to continue consideration of a closed point during a public meeting, this meeting may be interrupted only for that purpose.
Without prejudice to section 25/3, the police council may decide, by a two-thirds majority of the members present, in the interest of public order and on the basis of serious objections to advertising, that the meeting is not public.
Art. 25/7. Police Council meetings concerning persons are not public. When a point of this nature is on the agenda, the President orders, on the field, that it be examined in camera.
Art. 25/8. The President of the Police Council is responsible for maintaining order during the meeting. After a prior warning, he may expel from the room any person who publicly manifests his approval or disapproval, or who incites disorder in any way.
The President may also issue a report to the offender, and send him back to the police court who may sentence him to a fine of one euro to fifteen euros or to a prison sentence of one day to three days, without prejudice to any further prosecution, if the act gives rise to it. ".
Art. 4. In section 26 of the Act, the following amendments are made:
1° a paragraph is inserted before the existing text:
"Each member of the Police Council, including members of the Police College, has one voice";
2° in the current text of Article 26, which will form, paragraph 2, the words "By derogation from the previous article," are replaced by the words "By derogation from the preceding paragraph".
Art. 5. In the same Act, articles 26/1 to 26/3 are inserted as follows:
"Art. 26/1. § 1^er. Decisions shall be taken by an absolute majority of votes; in the event of a vote-sharing, the proposal is rejected.
§ 2. The Police Council votes on the entire budget and on the entire annual accounts.
However, each member may require a separate vote of one or more items or groups of items that he or she designates, if that is the budget or one or more items or positions that he or she designates, if that is the annual accounts.
In this case, the vote on the whole may only be taken after the vote on the item(s), groups of articles or posts so designated. The vote on the whole then covers the articles or posts on which no member wishes to vote separately and the articles that have already been adopted in a separate vote.
Art. 26/2. Without prejudice to paragraph 4, the members of the police council vote in high votes.
The rules of procedure may provide for a method of voting equivalent to a high vote. These are considered to be the mechanically expressed nominative vote and the vote by sitting and raised or by hand.
Notwithstanding the provisions of the rules of procedure, the vote shall be held in high votes whenever a third of the members present the request.
Only candidates' presentations, nominations, layoffs, preventive suspensions in the interest of the service and disciplinary sanctions are the subject of a secret ballot, by an absolute majority of votes.
The President shall vote in the last place, except in the event of a secret ballot.
Art. 26/3. If the majority required for the nomination or presentation of candidates is not obtained in the first ballot, a ballot shall be taken between the two candidates who obtained the largest number of votes.
To this end, the president draws a list containing twice as many names as there are appointments or presentations to be made.
Voting can only be given to candidates on this list.
The appointment or presentation shall be made by a majority of votes. In the event of a vote sharing, the oldest candidate is preferred.".
Art. 6. Section 27 of the Act is replaced by the following:
"Art. 27. § 1^er. No act, no room for the administration of the police zone can be subtracted from the examination of police advisers.
§ 2. Police advisers may obtain a copy of the acts and documents relating to the administration of the police area under the conditions prescribed by the rules of procedure established by the council. This regulation also specifies the conditions of access to the police area services. The royalty may not in any case exceed the cost.
§ 3. Police advisers have the right to ask the Police College for written and oral questions. The rules of procedure determine the conditions for the exercise of this right.".
Art. 7. In the same Act, articles 27/1 to 27/3, as follows:
"Art. 27/1. Unless otherwise stipulated in the rules of procedure, at the opening of each session, reference is made to the minutes of the previous session and it is requested to adopt it.
The minutes of the previous meeting shall be made available to members of the police board at least seven working days before the day of the meeting. In the event of an emergency, the minutes are made available at the same time as the agenda.
The rules of procedure referred to in section 25/5 determine where the minutes can be consulted by members of the police board.
Any police adviser has the right to make comments during the meeting on the drafting of the minutes of the previous meeting. If these comments are adopted, the Secretary is required to present, at or before the next meeting, a new text in accordance with the decision of the Police Council.
If no comments are made before the end of the meeting, the minutes are considered to be adopted and signed by the chair and secretary.
If the police council has been called urgently, it may decide to admit comments at the next first meeting.
Each time the police council considers it desirable, the minutes are written, in whole or in part, and signed by the members present.
Once adopted and signed by the president and the secretary, the minutes of each session are posted on the police zone website.
By derogation from paragraph 8, the points of the minutes that were dealt with in camera are not posted on the police area website.
Art. 27/2. The Police Council may not make a decision if the majority of the members in exercise are not present.
However, if the council has been convened twice without being in a required number, it may, after a third and final convocation, regardless of the number of members present, validly deliberate and make decisions on the subjects placed for the third time on the agenda.
The second and third summonses shall be made in accordance with the rules prescribed by Article 25/1, and it shall be specified if it is for the second or the third time that the convocation took place. In addition, the third convocation will have to give a textual reminder of the two preceding paragraphs.
Art. 27/3. It is prohibited for any member of a police board and members of the police college to:
1° to be present or represented in a deliberation or decision on matters to which they have a direct interest, either personally or as business officers, before or after their election, or to which their parents or allies to the fourth degree inclusively have a personal and direct interest. This prohibition does not extend beyond the parents or allies to the second degree, when it comes to the presentation of candidates, appointments or disciplinary proceedings;
2° to take part directly or indirectly in any service, any perception of rights, any supply or offer for the police area;
3° to intervene as a lawyer, notary or businessman in trials against the police zone. They shall not, in the same capacity, plead, notify or follow any dispute in the interest of the police area;
4° act as advice of a staff member in disciplinary matters.
These provisions also apply to the secretary. ".
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, May 31, 2017.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of Security and Interior,
J. JAMBON
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 54-2004 - 2015/2016.
Full report: 11 May 2017.