Key Benefits:
Minister of Defence,
In view of Decree No. 2007-800 of 11 May 2007 establishing, organizing and operating the public administrative establishment Marine Hydrographic and Oceanographic Service (SHOM),
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This Order sets out the terms and conditions for the election of the three representatives of civilian personnel to the board of directors of the Marine Hydrographic and Oceanographic Service, as referred to below as SHOM, in accordance with the provisions of Article 11 (5°) of the aforementioned Decree of 11 May 2007.
Civil staff representatives on the board of directors shall be elected for a period of three years.
The election is carried out by a majority uninominal vote in a tower. The three candidates who obtained the largest number of votes shall be declared elected. In the event of equality of voice between several candidates, a drawing of lots is carried out.
When the seat of an elected member of the board of directors becomes vacant more than six months before the expiry of the term, a partial renewal shall be carried out under the same conditions for the remainder of the term.
The election shall take place not less than four months and not less than two months before the expiry date of the term of office of the members in office.
The date of the election is determined by decision of the Director General of SHOM.
Registrants or trainees are electors, non-registrants with a minimum contract of six months, and state workers performing their duties at SHOM on the date of the election.
The list of electors, arrested by SHOM's Director General, is posted in places accessible to all staff of the establishment at least six weeks before the date of the poll. Mention is made on the electoral list of agents called to vote by correspondence.
Any claim concerning the composition of the list of electors must be made, within five working days of the date of the election, to the Director General of SHOM who determines the merits of the claims and then stops the final list of electors at least four weeks before the date of the election.
No one can vote if he is not on the list of electors.
No one can have more than one vote.
Electors who perform their duties at the institution's headquarters vote directly on the ballot box. In other cases, electors will vote by correspondence under the conditions set out in Article 7 of this Order. The proxy vote is not allowed.
For officers voting in the urn, electoral operations are conducted publicly, in the workplace and during service hours.
Agents who do not perform their duties at the headquarters of the establishment or who are in a position of absence regularly authorized or prevented, as a result of the service requirements, are entitled to vote on polling day at the polling station.
The list of officers admitted to voting by correspondence is annexed to the list of electors decided by the Director General of SHOM.
At least six weeks before the date of the elections, interested officers are notified of their registration on this list and of the conditions under which they may vote. They may verify registrations and make any claim against registrations or omissions under the conditions specified in Article 5 of this Order.
The necessary ballots and envelopes shall be transmitted to the interested parties at least eight frank days before the date fixed for the elections.
These deadlines do not apply to agents prevented from taking part in direct voting due to the necessities of the service.
The elector inserts his ballot in a first envelope (named envelope 1). This envelope, of a model fixed by the administration, shall not bear any distinctive mention or sign. The elector inserts this enclosed enclosure without being cached in a second enclosure (this enclosure n° 2) on which the name, first names, assignment and signature must appear. This cached fold is placed in a third envelope (known as envelope No. 3) bearing the mention "election to the board of directors" that it addresses by mail to the polling station.
Envelope No. 3 must arrive at the polling station before the closing time of the poll.
Staff eligible to be eligible for election may be nominated, excluding the Director General, Deputy Director, Secretary General, Human Resources Director and Accountant.
The candidates are either on their individual behalf or on behalf of a representative trade union organization.
Each candidate must propose in his or her application letter an alternate who will sit in his or her place in case of unavailability. Alternates must meet the conditions to be eligible as holders.
Letters of application, signed by the candidate and his alternate, must be sent by registered letter with acknowledgment of receipt to the Director General of SHOM or filed with the Director General against receipt, no later than the day after the day on which the list of electors was posted and no later than fifteen frank days before the date of the election.
The list of candidates, arrested by the Director General of SHOM, is posted in places accessible to all staff of the establishment at least two weeks before the date of the poll. It is established in the alphabetical order of the name of the candidates, followed by those of their alternate.
The ballot shall be held in secret ballot and under envelope. Only envelopes and ballots provided by the establishment may be used for the election.
The ballot is in the form of a list with the names of the incumbent candidates and their alternates. The elector chooses three or more candidates by breaking down on the ballot the candidates who do not win their vote.
A central polling station is opened in the headquarters premises in Brest; it consists of a president and at least two assessors selected from the non-candidate voters and appointed by the director general of SHOM.
The central polling station decides on the difficulties encountered during the electoral process, the counting of the ballot and the proclamation of the results. Its decisions are motivated and must be recorded in the minutes.
During the voting period, propaganda is prohibited inside the room where the polling station is installed.
The polling room has a ballot box and one or more isoloirs.
The polling station verifies that the ballot box is empty and closed at the beginning of the poll and ensures that it remains closed until the ballot is closed.
Throughout the voting period, a copy of the electoral list certified by SHOM's Director General remains on the table around which the polling station sits.
This copy is the starting list.
The vote is secret. The passage through isoloir is mandatory.
The elector must insert his ballot in an envelope (this envelope n° 1) with no external sign. After having satisfied the identity check conducted by the polling station, he deposits this envelope in the ballot box and starts his signature on the starting list.
At the end of the poll, the polling station conducts the census of votes by correspondence. The envelopes n° 3 and the envelopes n° 2 are open. As envelopes 2 are opened, the list of electors is started and envelope 1 is filed in the ballot box containing the votes of the agents who voted directly on the ballot box.
Excepted without being open and annexed to the minutes:
- the envelopes from electors who took part directly in the vote. In such a case, the correspondence vote is not taken into account;
- the envelopes No. 3 reached after the closing hour of the poll;
- Envelopes No. 2 on which the name and signature of the voter or on which the name is illegible;
- multiple envelopes reached under the signature of the same agent;
- the envelopes No. 1 reached in multiple numbers under the same envelope No. 2;
- envelopes No. 1 bearing a distinctive mention or sign;
- envelopes not in accordance with the model provided by the administration.
The name of the voters whose envelopes emanate is not on the list of electors.
The polling station shall prepare a record of the census of correspondence votes. The envelopes that have been set aside without being opened are annexed to this report.
The votes reached after the above census are returned to the interested parties with the date and time of receipt.
The remains are public. The polling station shall be among the electors at least three deputy returning officers who shall be present at the time of counting.
The voting office counts the number of envelopes from the opening of the ballot box. If their number is different from that of the start, reference is made to the report.
During the counting of the ballot, the voting shall not be recorded in the valid votes cast:
- white papers;
- the ballots found in the urn without envelope;
- the ballots that were ratted, torn or bearing signs of recognition;
- bulletins not in accordance with the model provided by the administration;
- ballots with more than three choices of candidates;
- the multiple ballots contained in the same envelope and identifying different candidates. They are considered validly expressed and count for a single vote multiple ballots expressing the same choices of candidates.
A report of the counting operations is prepared to which the ballots considered null are annexed.
The central polling station counts all votes cast on candidates in attendance. It sets out the general record of the electoral transactions on which the number of electors, the number of voters, the number of valid votes cast, the number of votes obtained by each candidate in attendance. The separate envelopes without being opened and the null ballots are annexed to this report with mention, for each of them, of the causes of the annexation.
Within three days of the end of the electoral process, the central polling station proclaims the results that are posted on the premises of the institution.
The results may be contested within seven days of the posting by declaration given to the Director General of SHOM, who issues it, and if so before the administrative court.
Valid ballots and envelopes are retained until the dispute period expires.
The Director General of the Marine Hydrographic and Oceanographic Service is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, July 19, 2007.
For the Minister and by delegation:
The Director of Human Resources
Ministry of Defence,
J. Roudière
