Key Benefits:
The Prime Minister and the Minister of Public Service, State Reform and Land Management,
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. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State;
Having regard to amended Decree No. 82-452 of 28 May 1982 relating to the technical committees of parity, in particular article 11 thereof;
In view of the decision of 23 September 2003 on the establishment of a special technical committee with the Director General of Administration and Public Service,
Stop:
The purpose of this Order is to determine the modalities of the consultation of organized personnel, pursuant to Article 11 of the above-mentioned Decree of 28 May 1982, with a view to determining the representativeness of trade union organizations to designate staff representatives in the special technical committee placed with the Director General of Administration and Public Service.
The date of this consultation is 13 November 2003.
Voters are officers in one of the following situations on the closing date of the electoral list:
- employees in a position of activity and non-responsive agents in the general management of the public administration and service, excluding employees in a position of availability or leave without pay, parental leave or parental attendance or termination leave;
- personnel from other jurisdictions detached from or made available to them.
The list of electors is stopped by the Prime Minister's Director of Administrative and Financial Services and posted on the premises of the service concerned at least twenty days before the date fixed for the consultation.
Within ten days of this posting, electors can check the registrations on the list of electors and, where applicable, submit applications for registration. Within the same period and for five days after its expiry, claims may be made against registrations or omissions on the list of electors.
The Prime Minister's Director of Administrative and Financial Services shall promptly decide on these claims.
A polling station is established with the Director General of Administration and Public Service in the workplace.
The polling station is chaired by the Director General of Public Administration and Service or its representative.
The President of the polling station designates a secretary.
Each trade union organization authorized to attend the consultation may designate a representative to the polling station.
The polling station collects votes in the ballot box, conducts the census of all votes cast by correspondence and, subject to the provisions of the last paragraph of this article, proceeds with the counting of the ballot and the proclamation of the results. He writes the minutes of voting.
The voting office decides on possible difficulties with regard to electoral operations.
The voting census is carried out by demarcation of the electoral list.
When the number of voters involved in the electoral consultation is less than half of the number of personnel called to participate in the consultation, the vote is not counted and a second ballot is held.
An application may be made for the consultation referred to in Article 1 of this Order, the trade union organizations referred to in the fourth paragraph of Article 14 of the Act of 11 January 1984 referred to above.
If none of these organizations presents or if the number of voters is less than half of the number of staff called to vote, a second ballot shall be held, to which any employee organization may participate. The date and conditions of the election will be determined by ministerial order.
Trade union organizations wishing to participate in the consultation must submit an application to the Prime Minister (Director of Administrative and Financial Services).
Nominations must be filed against receipt or received by registered letter with acknowledgement of receipt by 3 October 2003. They must mention the name of the agent(s) authorized to represent the trade union organization in all electoral operations.
If a second ballot is required, the nominations must be filed under the same conditions on a date to be fixed later by ministerial order.
The lists of applications, as set out in the terms of this Order, shall be posted within three days after the conclusion of the nominations.
The vote takes place on a secret ballot, under envelope and on a nail. It is done directly to the urn or by correspondence.
For officers voting in the urn, the electoral operations are conducted publicly at the polling station and during hours of service.
Only envelopes and ballots provided by the administration can be used for the election.
The voting material is transmitted in a timely manner to all electors affected by the election who are notified of the conditions under which they may vote (at the ballot box or by correspondence).
For agents voting on the urn, the elector must insert his ballot in envelope No. 1 bearing no external sign. It deposits this envelope in the urn and starts its signature on the starting list.
This article defines the specific conditions for voting by correspondence.
Entitled to vote by mail on sick leave, long-term sick leave or long-term leave, those who are in a position of regular absence and those who are prevented, due to the requirements of the service, from going to the polling station on polling day.
The voting elector inserts his ballot in a first envelope ( envelope 1). This envelope must not bear any external sign.
It then places this envelope n° 1 cached in a second envelope (known as envelope n° 2) mentioning the date and nature of the election it hides and on which it clearly appears its name, first name, assignment and signature.
Finally, he placed this envelope 2 in a third envelope (known as envelope No. 3) with the mention "election" that he hides and addresses to the polling station.
Correspondence must be sent by the day of the vote, before the closing time of the vote.
The census and counting of votes shall take place under the following conditions:
(a) Reception of votes by correspondence:
Immediately after the close of the poll, the polling station chair conducts the census of votes collected by correspondence.
The envelopes No. 3, and the envelopes No. 2, are open. As envelopes 2 are opened, the list of electors is started and envelope 1 is filed without being opened in the ballot box containing the votes of the agents who voted directly to the ballot box.
On the other hand, are apart without being open:
- the envelopes No. 3 reached after the closing hour of the poll;
- envelopes 2 on which the agent's name and signature (or if the name is unreadable) are not included;
- the multiple envelopes reached under the signature of the same elector;
- the multiple envelopes n° 1 reached under the same envelope n° 2;
- envelopes No. 1 bearing a distinctive mention or sign.
The name of the voters whose envelopes emanate is not on the list of electors.
The envelopes emanating from electors who took part in the vote are also set aside without being opened. In such a case, the correspondence vote is not taken into account.
(b) Deployment:
The polling station proceeds to count all votes.
The votes cast under the following conditions shall be considered null and void:
- ballots not conforming to the model type;
- ballots with overloads or rats;
- multiple bulletins from different trade union organisations.
They are considered validly expressed, and count for a single vote, multiple ballots from the same trade union organization.
The polling station counts all the votes that have focused on the trade union organisations in attendance.
The polling station determines the electoral quota by dividing the total number of valid votes cast by the number of staff representatives in the special technical committee.
Each trade union organization having presented itself to the staff consultation is entitled to as many seats as representatives holding the staff as the number of votes it collects from times the electoral quota.
The seats of any incumbents remaining to be filled shall be allocated according to the highest average rule.
Each trade union organization shall be assigned a number of seats of alternate representatives equal to that of the seats of incumbent representatives obtained by that organization under the preceding paragraph.
The polling station shall prepare the minutes of the consultation and declare the results.
In light of the results of the consultation, a Prime Minister's order sets out the list of trade union organizations authorized to designate their representatives to the special technical committee of the general management of the administration and public service and sets the number of seats of the holder and alternate assigned to each of them.
The order provides a time limit for trade union organizations to appoint staff representatives.
Without prejudice to the provisions of the eighth paragraph of section 14 of the Act of 11 January 1984 referred to above, the disputes over the validity of electoral transactions shall be brought, within five days of the proclamation of the results, to the Prime Minister (Director of Administrative and Financial Services) and, where applicable, to the administrative jurisdiction.
The Director of Administrative and Financial Services of the Prime Minister and the Director General of Administration and Public Service are responsible, each with regard to the execution of this Order, to be published in the Official Journal of the French Republic.
Done in Paris, September 23, 2003.
The Prime Minister,
For the Prime Minister and by delegation:
The Director of Administrative Services
and financial,
A. Ferragne
The Minister of Public Service,
of State Reform
and landscaping,
For the Minister and by delegation:
Director General of Administration
and the Public Service,
J. Richard
