Key Benefits:
The Minister of the Interior, Internal Security and Local Freedoms,
the light of the amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, Act No. 84-16 of 11 January 1984, as amended, amending the statutory provisions relating to the public service of the State;
In view of Decree No. 86-83 of 17 January 1986 as amended on the general provisions applicable to non-incumbent agents of the State taken for the purposes of Article 7 of Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the function State public;
Given the decree n ° 2005-of 30 May 2005 laying down the provisions Applicable to aircrew members of the Civil Safety Helicopter Group to the grouping of air assets, and in particular Article 8,
Arrête:
A joint advisory committee responsible for staff is established with the Director of Personnel Contract navigators for the Civil Safety Helicopter Group to the grouping of air assets governed by the aforementioned decree of 30 May 2005.
This Commission consists of:
-four representatives and 4 alternate representatives of the administration (belonging to a body classified in category A);
-four representatives and 4 alternate representatives of the Personnel, namely:
-for the helicopter pilot category: two incumbents, two alternates;
-for the Flight Engineer category: Two alternates, two alternates.
The members of the Joint Consultative Commission are appointed for a period of three years. Their terms of reference may be renewed.
However, the term of office may be exceptionally reduced or extended in a service interest, within one year, by ministerial order, after the opinion of the Special Joint Technical Committee of the Grouping of helicopters Such reductions or extensions shall not exceed one year.
When the Joint Consultative Commission is renewed, the new members shall take office on the date on which the mandate of the Members to whom they succeed.
Representatives of the Administration, Incumbents or Substitutes, who are in the process of being appointed to cease the functions for which they have been appointed shall be replaced in the form indicated in Article 6 below. The term of office of their successor expires, in this case, when the commission is renewed.
If, before the expiration of its mandate, one of the representatives of Staff, a full or alternate member of the Commission, is unable to perform the duties for which he has been appointed, as a result of resignation, discharge of serious illness, leave without pay, or Fulfils the conditions required to form part of the Commission, it shall be replaced, until the renewal of the committee, under the following conditions.
Where an incumbent representative is unable to exercise his Office, his alternate shall be appointed holder and shall be replaced by the first
When an alternate representative is unable to perform his or her duties, he or she is replaced by the first unelected candidate on the same list.
When a list is located Failure to provide, under the conditions laid down in the second and third paragraphs of this Article, to the seats of the incumbents or alternate members to which it is entitled in a group, the seats left vacant shall be allocated In accordance with the procedure laid down in Article 20 when the term of office remains Run is less than or equal to one third of the duration provided for in the first paragraph of Article 3. Where the remaining term of office is more than one third of the period provided for in the first subparagraph of Article 3, the committee shall be renewed for the duration of the term of office remaining.
Within 15 days after the announcement of the results of the elections under Article 7 of the The representatives of the administration are hereby appointed by ministerial order
Except in advance of the commission, elections take place at least four months and at least two months Before the expiration date of the term of office of the members in office, as set out in Article 3.
The date of the elections shall be fixed by ministerial order.
Voters are the contract agents recruited by the Minister responsible for the Interior pursuant to the aforementioned decree of 30 May 2005 in operation within the Civil Security Helicopter Group or on parental leave or Parental presence.
The list of electors who are eligible to vote is established by category of personnel. This list shall be drawn up by the Director of Personnel. It shall be posted in each service at least 15 days before the date fixed for the poll.
Within eight days of publication, electors may verify registrations and, if so, submit applications Registration. Within the same period, and for three days after its expiry, claims may be made against entries or omissions on the list of electors.
The Minister shall rule on the claims without delay.
Eligible agents are eligible to be registered on the Commission's list of electors, with the exception of officers on sick leave, As well as temporarily excluded agents with deductions for up to one month. However, they may not be elected officials affected by one of the disabilities provided for in Articles L. 5 to L. 7 of the Election Code.
Ballot papers and envelopes are prepared, at the expense of the administration, according to a typical model provided by the administration. They are transmitted by their care to the agents allowed to vote.
A central polling station is set up at the headquarters of the Ministry of the Interior. It shall carry out the counting of the votes and the declaration of the results. The central polling station consists of a chairperson and secretary designated by ministerial order, as well as a delegate from each list in attendance.
The Voting is held by secret ballot and under envelope.
Voters can only vote for an entire list, without deletions or adding names and without changing the order in which candidates are presented. Any bulletin that is not aware of any of these conditions is invalid.
The vote is only by correspondence.
Census and Votes shall be counted under the following conditions by category of staff:
(a) Receipt of votes by correspondence:
After the close of the poll, the President of the central office shall carry out the enumeration of votes collected by
The envelopes n ° 3, then the envelopes # 2, are opened.
As the envelopes n ° 2 are opened, the list of electors for the category of personnel concerned is neat and the envelope # 1 is filed without being Opened in the corresponding urn.
Apart from being opened:
-envelopes n ° 3 after the closing time of the poll;
-envelopes # 2 on which the name and signature of the agent are not included or on which the name is unreadable;
-multiple received envelopes # 2 Under the signature of the same agent;
-the envelopes # 1 marked with a distinctive statement or sign;
-the envelopes numbered 1 in multiple numbers under the same envelope No. 2.
The names of the electors whose envelopes are not Not wrought on the list of electors.
b) Noting the quorum:
At the end of the vote, the President of the central polling station shall count the number of voters. The counting shall take place if the quorum of 50 % of the votes is reached on all the voting members of the committee.
(c) Counting:
When the counting of the votes is carried out, it shall not be considered as validly expressed:
-white papers;
-bulletins that do not conform to the standard pattern;
-bulletins with overloads or ratures or with signs of recognition;
-ballots found in the box without an envelope;
-the ballots Multiple ballots found in the same envelope No. 1 and originating from different trade union organizations.
Are considered validly expressed and count for one vote multiple ballots found in the same envelope No. 1 and From the same union organization.
d) Minutes and Proclamation Results;
The central polling station records, on all electors, the number of voters and all the votes that have taken place on the trade union organizations in the presence and establishes a record of the electoral operations on The number of registered voters and the number of voters. It shall determine the electoral quota by dividing the total number of votes validly cast by the number of representatives holding staff to be elected in the Joint Consultative Commission. Each trade union organization having presented itself is entitled to as many seats as the number of votes collected by it from the number of votes cast by the staff member. The remaining seats to be filled are allocated according to the highest average rule. Incumbent representatives are designated according to the order of presentation of the list.
(e) Special provisions:
Where, for the allocation of a seat, the lists have the same average, the said seat is allocated to the list that has collected The largest number of votes. If several of those lists have obtained the same number of votes, the seat shall be allocated to one of them by drawing of lots.
It shall then be allocated to each trade union organization a number of alternate representative seats equal to the number of seats Of the seats of representative held by that trade union organisation pursuant to the preceding paragraph. The alternate representatives shall be appointed in accordance with the order of presentation of the list.
The central polling station shall draw up a record and declare the results.
Challenges to the validity of election operations are brought before the Director of Personnel within five days of the announcement of the results and, if applicable, before the court Administrative.
When the number of voters is less than half the number of registered voters, the counting of the votes is not carried out. A second ballot shall be held within a period of six to ten weeks from the first ballot. For the second ballot, any trade union of civil servants may file a list. The second ballot shall be held in accordance with the rules laid down in this Order.
If, for a second round of balloting, no list has Submitted by candidates, the representatives of that list shall be designated by drawing of lots among the agents of that list. If the designated officers do not accept their appointment, the vacant seats of staff representatives shall be assigned to representatives of the administration.
Within 15 days after the announcement of the election results provided for in section 7 of this Order, staff representatives are appointed by ministerial order
The Joint Consultative Commission is called upon to deliver an opinion on individual matters relating to:
-notation;
-level promotions;
-disciplinary sanctions under the conditions mentioned in article 16 of the decree of 30 May 2005
The Joint Consultative Commission shall be chaired by the Director of Personnel or his alternate.
The Joint Consultative Commission shall meet on the convocation of its President or at the written request of half of the representatives holding the staff and, in any event, at least twice a year for questions Within its jurisdiction.
The committee shall deliver its opinion by a majority of the members present.
If a vote is taken, it shall be held by hand Lifting. However, at the request of one of the members holding the committee, the vote shall be held in secret ballot. Abstentions are allowed. In the event of a vote-sharing, the opinion shall be deemed to have been given or the proposal made.
Where the competent authority takes a decision contrary to the opinion or proposal made by the committee, that authority shall inform the committee Reasons for not following the notice or proposal.
Panel sessions are not public.
The committee is sitting in plenary session.
When sitting in disciplinary training, only the members or alternates representing the category to which the person concerned belongs may deliberate And an equal number of representatives of Administration.
A staff representative cannot take part in the proceedings of the Commission when it is called upon to rule on its case. It shall then be replaced by an alternate member. In the event that neither the representative nor the alternate representative can validly sit, the drawing procedure shall be applied.
The Commission validates only on the condition of observing the rules of constitution and operation enacted by this Order and its rules of procedure.
In addition, at least three-quarters of the members Shall be present at the opening of the meeting.
When this quorum is not reached, a new convocation shall be sent within eight days to the members of the committee, who shall then be validly elected if half of its members are Present.
For the appearance of an officer before the Joint Advisory Committee sitting on the Disciplinary Board, the Director responsible for Personnel shall notify the person concerned by letter Recommended at least 15 days to The advance of the date, location and time of the meeting, inviting him to make known his defences and to appear, if he so desires, assisted by an advocate of his or her choice.
The officer's supervisor shall be notified of the convening.
The agent has the right to obtain the full disclosure of his or her individual file and all related documents.
He may cite witnesses and submit his written or oral observations.
The right to call witnesses is also a matter of concern. To the Director of Personnel.
The Joint Advisory Committee is A report prepared by the Director of Personnel that clearly identifies the wrongdoing and, if applicable, the circumstances in which they were committed. The report mentions the opinion of the officer's supervisor.
When a sanction is imposed by the Personnel Director, it is Notified to the person concerned by registered letter with a request for notification of receipt.
All facilities must be given by the Minister responsible for To all members of the Joint Consultative Commission to enable them to carry out their duties. In addition, communication shall be given to them from all documents and documents necessary for the performance of their duties, eight days before the date of the
. Allow to participate in the meetings of this committee on a simple presentation of their convocation. The duration of this authorisation shall be calculated taking into account the time limits, the foreseeable duration of the meeting, and increased time equal to that duration in order to enable the persons concerned to ensure the preparation and reporting of the Work of the Commission, within the limit of two days. The members of the Joint Consultative Commission shall be subject to the obligation of professional secrecy with regard to all the facts and documents which they have been aware of in this capacity.
The members of the Joint Consultative Commission do not receive any compensation for the performance of these duties.
However, they are compensated for their travel and living expenses in The conditions laid down in Decree No 90-437 of 28 May 1990 laying down the conditions and rules for the settlement of the costs of the movement of civilian personnel on the metropolitan territory of France when they are in charge of the State budgets, national public institutions with administrative character And some funded organizations.
Done at Paris, May 30, 2005.
Dominique de Villepin
