Key Benefits:
The Prime Minister,
On the report of the Minister of Interior, Internal Security and Local Freedoms, the Minister of State, Minister of Economy, Finance and Industry, the Minister of Public Service and State Reform and the Minister Delegate to Industry,
Considering the code of social action and families;
Considering the Public Health Code;
In light of amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, together with amended Act No. 84-53 of 26 January 1984 on statutory provisions relating to the territorial civil service;
Having regard to amended Act No. 90-568 of 2 July 1990 on the organization of the public service of the post and telecommunications, including section 29-3;
In view of the amended Decree No. 85-986 of 16 September 1985 on the particular regime of certain positions of State officials and certain modalities for the final termination of functions;
Having regard to Decree No. 2004-738 of 26 July 2004 on the application of the provisions of Article 29-3 of the amended Law No. 90-568 of 2 July 1990 on the organization of the public service of the post and telecommunications;
Having regard to the advice of the Superior Council of the Territorial Public Service dated 14 April 2004;
The State Council (Financial Division) heard, Decrete:
Officials of France Télécom may be integrated on their application until 31 December 2009, under the conditions set out in this decree, in all employment frameworks of the territorial public service, without the possibility of opposing the rules relating to the recruitment provided for by the specific statutes governing these employment frameworks, or those providing quotas by grade.
However, access to functions whose exercise is subject, by the Public Health Code or the Code of Social Action and Families, to the possession of a specific degree remains subject to the detention of this degree.
The commission provided for in the last paragraph of section 29-3 of the above-mentioned Act of 2 July 1990 is for the territorial public service the commission established by section 2 of the decree of 26 July 2004 referred to in its composition set out in article 8 below.
The task of this classification committee is to:
1° To determine, on the proposal of the territorial authority or the territorial public institution of reception, the employment framework, the grade and the level in which the official of France Télécom, who volunteered to benefit from the provisions of section 29-3 of the above-mentioned Act of 2 July 1990, will be detached and then integrated;
2° To verify whether the conditions provided for in Article 5 for the renewal of the detachment are met;
3° To prepare an annual report to the Minister responsible for local authorities on the implementation of the provisions of this Order. This report is communicated to the Superior Council of the Territorial Civil Service.
With a view to benefiting from the provisions of section 29-3 of the above-mentioned Act of 2 July 1990, the employee of France Télécom asks to occupy a vacant job in the territorial community or the local public establishment.
If the applicant is selected, the applicant asks France Télécom to make a four-month probationary internship available to the local authority or the local public hospitality institution during which he remains responsible for France Télécom. A convention determines the conditions of employment of the interested party and specifies the conditions for its possible reintegration before the end of the internship.
With a view to receiving the person in detachment, the territorial community or the territorial public reception institution shall, no later than fifteen days from the date of the commencement of the probationary stage, take the classification commission. The Commission's decision is forwarded to the authority that has seized it, as well as to France Télécom. The authority having seized the commission shall notify the person concerned of this decision.
At the end of the probationary period, the official of France Télécom is placed, on his application approved by France Télécom and in agreement with the territorial community or the territorial public institution of reception, in a position of detachment for a period of eight months according to the terms fixed by the classification commission and under the conditions fixed by the decree of 16 September 1985 referred to above, subject to the provisions of this decree. This detachment is the subject of information from the competent parity administrative commission.
Two months before the end of his detachment, the employee of France Télécom may apply for his integration in the context of jobs in which he is seconded, without the rules laid down by the particular status of the host employment framework. The territorial community or the territorial public host institution must decide on this request for integration before the end of the detachment.
The employee of France Télécom is integrated, after consultation with the appropriate parity administrative board, in the context of grade and level jobs held in detachment position with retention of the seniority acquired at the level. There remains a right in a detachment position until the completion of this integration procedure.
In the event of a refusal of integration by the territorial community or the local public reception institution or at the end of his or her detachment if he has not requested its integration, the official of France Télécom is reintegrated right into his or her original body. When the territorial or territorial public institution has refused integration, the classification board shall be informed of the reasons for this decision by the author.
The detachment provided for in section 3 may be renewed, once, for a maximum period of one year:
1° When the staff member was absent for more than two months, excluding annual leave, during the initial detachment period;
2° To complete a training period when this training is made mandatory for staff members who are accommodated in secondment by the specific status of the employment framework in which the employee of France Télécom is seconded;
3° To complete a academic or academic year in respect of public servants detached from teachers;
4° If the services rendered during the initial detachment are not deemed sufficiently satisfactory by the territorial community or the territorial public host institution to allow for immediate integration in the context of the jobs concerned.
In view of the jobs to be occupied, the achievements and experience of the employees of France Télécom, adaptation training cycles can be organized for their benefit, during probation or detachment periods.
The content and duration of these trainings are defined by the appointing authority within the territorial authority or the territorial public hosting institution.
The conditions for France Télécom's financial participation in these actions are subject to specific conventions.
The official of France Télécom integrated, in one of the employment frameworks of the territorial public service, in accordance with the provisions of this decree is deemed to hold in the employment framework and in the degree of hospitality a service time equal to the duration of the services performed in the body and the degree of origin of France Télécom.
The integration of an employee of France Télécom in a grade of advancement of an employment framework is not taken into account for the determination of the number of vacancies that allow the development of the promotion table leading to the promotion in this grade. This provision is applicable only within the territorial community or the territorial public reception facility.
The composition of the classification commission referred to in Article 8 of the above-mentioned Decree of 26 July 2004 is as follows:
The members mentioned in 3°, 5° and 6° are respectively:
(a) At 3°: the Director General of Local Government or his representative;
(b) At 5°: two incumbent members and two alternate members of the Superior Council of the Territorial Civil Service designated by this body;
(c) At 6°: a qualified personality appointed by order of the Minister responsible for local authorities.
The authority of the territorial community or of the territorial public host institution having the power of appointment or its representative may attend, with an advisory vote, the sitting of the classification committee.
A representative of France Télécom, appointed by his chair or by the delegate of France Télécom, attends with an advisory vote at the meetings of the Commission.
Rapporteurs selected from category A or assimilated officials are appointed by order of the Minister for Local Government.
The classification committee shall only deliberate validly if at least four of its members are present at the opening of the meeting. In the event of equal sharing of votes, the president's voice is preponderant.
I. - The composition of the record in which the classification board shall decide and the rules of procedure of the classification board shall be fixed, on the proposal of its president made after consultation with the classification board in its composition set out in section 8, by order of the Minister for Territorial Communities.
II. - The classification board may, if it deems it useful, hear the official of France Télécom whose file it examines. It may collect from France Télécom all the information it considers necessary to carry out its mission.
III. - It is determined in particular in view of the employment that will be held in the territorial community or the territorial public reception institution, the level of qualification of the person concerned, the nature of the functions previously performed at France Télécom and the duration of the public services performed.
IV. - At the expiry of a two-month period from the receipt of the complete file referred to in I the absence of a decision of the classification board is to accept the proposal of the authority that had seized it.
The Minister of State, Minister of Economy, Finance and Industry, the Minister of Interior, Homeland Security and Local Freedoms, the Minister of Public Service and State Reform, and the Minister Delegate for Industry are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, August 18, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
Minister Delegate to Industry,
Patrick Devedjian
Minister of State, Minister of Economy,
finance and industry,
Nicolas Sarkozy
The Minister of the Interior,
of Internal Security
and local freedoms,
Dominique de Villepin
Minister of Public Service
and state reform,
Renaud Dutreil
