Key Benefits:
Minister of Interior, Homeland Security and Local Freedoms and Minister of Public Service and State Reform,
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 on technical committees, including article 11, second paragraph;
In view of Decree No. 2004-502 of 7 June 2004 on the Higher National School of Firefighters Officers;
In view of the decision of 2 November 2004 establishing the parity technical committee of the National College of Supervisors,
Stop:
A consultation with the staff of the National Higher School of Fire Service Officers (ENSOSP) is organized, under the conditions set out in Article 11, second paragraph, of the above-mentioned Decree of 28 May 1982, in order to determine the representativeness of the trade union organizations called to be represented in the technical committee (CTP) of ENSOSP, as well as the number of seats allocated to each of them.
The Director of ENSOSP determines the date of this consultation and is responsible for the organization and smooth conduct of electoral operations.
The costs of organizing these operations are borne by ENSOSP, which determines and provides the voting material.
Electors, excluding officers in a position of availability, parental leave or parental leave, leave without pay or leave of termination of activity:
- incumbent officials or trainees active at ENSSP including employees made available or seconded to the institution;
- non-public law officers serving in the services of ENSOSP for at least six months at the date of the first ballot and recruited on contracts of at least eighteen months;
- private law officers who have been in the services of ENSOSP for six months at the date of the first ballot and who have been recruited on contracts of at least eighteen months.
The list of electors is stopped by the director of ENSSP and posted at least 15 days before the date set for the consultation.
Within eight days of this display, electors can verify their registration and make any claim.
Within the same period and for three days from its expiry, claims may be filed against registrations or omissions on the list of electors with the delegate to the election and as a last resort with the director of the establishment who decides without delay.
The trade union organizations referred to in the fourth paragraph of Article 14 of the Act of 11 January 1984 referred to above may be present at the consultation provided for in Article 1 of this Order.
If no trade union organization has made an application or if the number of voters recognized by the elections is less than half of the number of personnel called to vote, a second ballot shall be held to which any employee organization may participate.
This second ballot comes at a date fixed by decision of the director of ENSOSP.
For the first round, candidate trade union organizations must file or send by registered letter with acknowledgment of receipt of their applications to the Director of ENSOSP no later than four weeks before the date of the consultation.
Nominations must include the name of the officer(s) authorized to represent the trade union organization in all electoral operations.
If a second round is required, the nominations must be filed under the same conditions on a date fixed by decision of the Director of ENSOSP.
The vote takes place on a secret ballot, on acronym and under envelope and only by correspondence.
At least three weeks before the date of the poll, the head of ENSOSP shall send to each elector the voting material including the ballots bearing the name of the trade union organizations and two envelopes, including a freelance.
Each elector slips into the non-affold envelope the newsletter of his choice. Under penalty of invalidity of vote, ballots may not include rature, names additions, or modification. This first envelope is cached; there is no mention or distinctive sign.
The elector inserts this first envelope into the freelance envelope, which necessarily includes the following: consultation of the staff related to the ENSOSP CTP, school address, name and name of the elector, quality and signature of the elector. This second envelope is cached and sent by mail to the director of the ENSOSP. It must reach the destination before the time fixed for the closing of the ballot. The envelopes arrived after this limit are not taken into account for the remains.
Upon receipt by the director of ENSOSP, the envelopes are deposited in an urn under his responsibility.
Voting and counting operations are carried out by an office composed of a president and secretary appointed by the director of ENSOSP among the members of the administration and a representative of each list in attendance. These operations are public.
The office decides on the difficulties that may arise in the conduct of the electoral process.
First, the voters' list is started as each outer envelope is opened and the inner envelope is deposited without being opened in a ballot box. After counting votes, the inland envelopes contained in the urn are counted.
At the end of the counting of the poll, the president of the office proclaims the results and the director of the ENSOSP immediately ensures their advertising and transmission to the Ministry of Civil Security.
During the counting of votes, the votes cast under the following conditions are not considered validly expressed:
- envelopes that do not include a bulletin inside;
- white papers;
- ballots not conforming to the model provided;
- ballots with overloads or rats;
- multiple ballots, found in the same envelope, identifying different trade union organizations;
- the internal bulletins or envelopes bearing a distinctive sign;
- the ballots found in the urn in envelopes not conforming to the model provided.
They are considered validly expressed and count for a single vote the multiple ballots found in the same envelope, from the same trade union organization.
The office determines the electoral quota by dividing the total number of valid votes cast by the number of staff representatives in the parity 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 incumbent representatives 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 incumbent representatives obtained by that organization under the preceding paragraph.
Without prejudice to the provisions of the eighth paragraph of Article 14 of the Act of 11 January 1984 referred to above, disputes over the validity of the consultation of staff shall be brought within five days of the proclamation of the results before the Director of ENSOP and, where applicable, before the administrative court.
Based on the results of the consultation, a Minister of Civil Security Order sets out the list of trade union organizations authorized to designate their representatives to the ENSOSP Central Joint Technical Committee and sets the number of seats of holders and alternates assigned to each of them.
The order provides a time limit for trade union organizations to appoint staff representatives.
The Director of the National School of Firefighters Officers is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, November 2, 2004.
The Minister of the Interior,
of Internal Security
and local freedoms,
For the Minister and by delegation:
The Director of Defence
Civil Security,
Senior Defence Officer,
C. Galliard de Lavernée
Minister of Public Service
and state reform,
For the Minister and by delegation:
By preventing the Director General
Administration and Public Service:
Deputy Director,
A. Wagner
