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Decree No. 2004 - 1349 Of 9 December 2004 On The Establishment Of The Joint Monitoring Committee Of Transfers Of Staff Between The State And Local Authorities

Original Language Title: Décret n° 2004-1349 du 9 décembre 2004 portant création de la commission commune de suivi des transferts de personnels entre l'Etat et les collectivités territoriales

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Summary

Organization, mission, composition and skills.

Keywords

PUBLIC FUNCTION , REFORM OF THE ETAT , CENTRAL ADMINISTRATION , PERSONNEL , TRANSFERENCE , TERRITORIAL COLLECTIVITY , SUIVI COMMISSION , COMMON COMMISSION OF SUIVIEWS OF PERSONNEL TRANSFERS AND TERRITORAL COLLECTIONS , ORGANIZATION , MISSION , FUNCTIONING , COMPOSITION


JORF n°287 of 10 December 2004 page 20902
text No. 45



Decree No. 2004-1349 of 9 December 2004 establishing the joint commission to monitor transfers of personnel between the State and the local authorities

NOR: FPPA0410019D ELI: https://www.legifrance.gouv.fr/eli/decret/2004/12/9/FPPA0410019D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2004/12/9/2004-1349/jo/texte


The Prime Minister,
On the report of the Minister of Interior, Homeland Security and Local Freedoms and the 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 Act No. 84-53 of 26 January 1984 as amended with statutory provisions relating to the territorial public service;
Considering Act No. 2004-809 of 13 August 2004 on local freedoms and responsibilities, including article 113 of the Act;
In view of the amended Decree No. 82-450 of 28 May 1982 concerning the Supreme Council of the Public Service of the State;
Having regard to amended Decree No. 84-346 of 10 May 1984 on the Supreme Council of the Territorial Civil Service;
Having regard to amended Decree No. 90-437 of 28 May 1990, setting out the conditions and procedures for the payment of costs incurred by the movement of civilian personnel on the metropolitan territory of France when they are responsible for the budgets of the State, national administrative public institutions and certain subsidized agencies;
Considering the opinion of the Supreme Council of the State Civil Service of 19 October 2004;
Considering the opinion of the Superior Council of the Territorial Public Service of 27 October 2004;
The State Council (Finance Section) heard,
Decrete:

  • PART I: COMPÉTENCES OF THE COMMISSION Article 1


    The joint commission to monitor transfers of personnel between the State and the territorial authorities is consulted on the decree approving the model convention referred to in the III of Article 104 of the above-mentioned Act of 13 August 2004.
    It is consulted on the draft decrees establishing specific employment frameworks for the integration into the territorial public service of the officials of the State concerned and the draft decree mentioned in the last paragraph of article 109 of the law of 13 August 2004 referred to above.
    Within a period of three years from the publication of the decrees establishing the final transfers of services, the balance sheet of transfers of personnel and requests for integration of State officials in a framework of employment of the territorial public service, established by the administrations concerned, is submitted to it.

    Article 2


    It may be seized of any matters relating to the conditions of the transfer of personnel either, jointly by at least half of the members of the Supreme Council of the Public Service of the State and at least half of the members of the Supreme Council of the Territorial Civil Service, or by the Minister responsible for the Public Service and the Minister responsible for the territorial authorities. In this case, the commission may propose any measures that may guarantee the smooth operation of the transfer of personnel and the integration of public officials of the State into the territorial public service.
    It may be seized either, jointly, by at least half of the members of the Superior Council of the Public Service of the State and at least half of the members of the Superior Council of the Territorial Civil Service, either by the Minister responsible for the Public Service and the Minister responsible for the Territorial Authorities, or, within two months of the written request submitted by at least half of its members, of any question relating to the relations between the public service of the State and the territorial public service.

  • PART II: COMPOSITION OF THE COMMISSION Article 3


    The commission consists of twenty incumbent members appointed as representatives of the Superior Council of the State and twenty incumbent members appointed as representatives of the Superior Council of the Territorial Civil Service. They are designated respectively among the members of the Superior Council of the Public Service of the State and those of the Superior Council of the Territorial Civil Service.

    Article 4


    I. - Representatives of the Supreme Council of the Public Service of the State shall be appointed by the President of that Council and shall include:
    1° Ten representatives of the administration;
    2° Ten representatives of trade union organizations, including:
    (a) Three representatives of the trade union organizations represented by at least six members in the Conseil Supérieur de la Service publique de l'Etat, on the proposal of each of them;
    (b) Two representatives of the trade union organizations represented by at least four members holding the Conseil supérieur de la service publique de l'État, on the proposal of each of them;
    (c) A representative of trade union organizations represented by less than four members holding the Conseil Supérieur de la Service publique de l'Etat, on the proposal of each of them.
    II. - Representatives of the Superior Council of the Territorial Public Service shall be appointed by the President of that Council and shall include:
    1° Ten representatives of the local authorities, including:
    (a) Four representatives of the communes;
    (b) Four representatives of the departments;
    (c) Two representatives from the regions;
    2° Ten representatives of trade union organizations, including:
    (a) Three representatives of trade union organizations represented by at least six members who hold the Higher Council of the Territorial Civil Service on the proposal of each of them;
    (b) Two representatives of the trade union organizations represented by at least four members holding the Superior Council of the Territorial Civil Service on the proposal of each of them;
    (c) A representative of trade union organizations represented by less than four members holding the Superior Council of the Territorial Civil Service, on the proposal of each of them.
    III. - Each incumbent member has a designated alternate under the same conditions.

    Article 5


    I. - The term of office of the members of the board representing the administration expires at the end of their term of office at the Superior Council of the Public Service of the State.
    II. - The term of office of the members of the commission representing the municipalities, departments and regions expires at the end of their term of office in the Superior Council of the Territorial Civil Service. In all cases, their mandate is extended to the installation of the incumbent and alternate members who replace them.
    III. - The term of office of the members of the committee representing the staff expires at the end of their term of office at the Superior Council of the Public Service of the State and the Superior Council of the Territorial Civil Service.
    Representatives designated on the proposal of a trade union organization shall cease to be a member of the commission if the organization so requests in writing to the president of the interested superior council. Cessation of functions is effective one month after receipt of this application.
    The functions of a member of the commission are renewable.
    In the event of the death or resignation of a member holding the commission or loss of the quality under which he or she was designated, he or she shall be replaced by his or her alternate. Where the seat cannot be filled by the alternate, the chair of the competent superior council shall, under the conditions defined in section 4, designate a new member and an alternate member.

    Article 6


    The list of incumbent and alternate members of the commission is subject to an order by the Minister for Territorial Communities and the Minister for Public Service published in the Official Journal of the French Republic.

  • PART III: ORGANIZATION OF THE COMMISSION Article 7


    The commission includes two co-chairs.
    The President of the Supreme Council of the Public Service of the State shall designate a co-chair among the representatives of the administration serving on the commission.
    The President of the Superior Council of the Territorial Civil Service designates a co-chair among the representatives of the territorial authorities serving on the commission.
    The functions of co-chair of the commission are incompatible with those of the President of the Supreme Council of the Public Service of the State and President of the Superior Council of the Territorial Civil Service.
    The chairing of the meetings of the Commission is provided alternatively by the co-chairs.
    The term of office of the co-chair of the commission designated by the President of the Superior Council of the Territorial Public Service shall be extended until the member replaces it.

    Article 8


    Representatives of the Minister for Public Service and the Minister for Territorial Communities attend the committee's deliberations with an advisory vote.
    Representatives of other ministerial departments may attend the sessions for the debates that concern them.
    Alternate members may not sit on the commission at the same time as the incumbent members they supple.

    Article 9


    The co-chairs responsible for the presidency of the meeting may convene, at the request of either representatives of the State or representatives of the territorial authorities or representatives of the trade union organizations, a person whose hearing is likely to inform the debates. This person can only attend the portion of the debate, excluding the vote, on the issues for which his or her hearing is requested.

    Article 10


    The commission shall determine its rules of procedure.

  • PART IV: FUNCTIONING OF THE COMMISSION Article 11


    The Commission meets on the initiative of its co-chairs or at the request of the Minister for Territorial Communities and the Minister for Public Service.

    Article 12


    Requests for advice submitted by the Government are prioritized on the agenda.

    Article 13


    The commission shall issue opinions or proposals by a majority of the votes cast.
    The vote by proxy is allowed. A member present may only have a power of attorney.
    When a member is replaced by an alternate member, the member shall have the right to vote of the holder without being able to give or receive a power of attorney.
    The opinions and proposals adopted by the commission are transmitted to the Superior Council of the Public Service of the State and to the Superior Council of the Territorial Civil Service. The meeting chair shall designate a member of the commission responsible for reporting his work to these councils.

    Article 14


    The deliberations of the commission are not public.
    They are valid only if at least two thirds of the members are present or represented at the opening of the meeting.
    When the quorum provided for in the previous paragraph is not reached, a new meeting of the Commission shall be held within eight days. It then sits validly if at least half of its members are present or represented.

    Article 15


    The members of the commission and the rapporteurs are subject to the obligation of professional discretion for all the facts and documents they have been aware of in their capacity.

    Article 16


    A secretariat is made available to the commission by the Director General of Administration and Public Service and the Director General of Local Government.
    A report is prepared after each session of the commission and submitted for approval at the next meeting. It is also transmitted, for information, to the members of the Superior Council of the Public Service of the State and the Superior Council of the Territorial Civil Service.

    Article 17


    The functions of chairman and member of the commission are free of charge.
    Only travel and living expenses are allocated, if any, under the conditions provided for by the aforementioned decree of 28 May 1990.

    Article 18


    The Minister of the Interior, Homeland Security and Local Freedoms, the Minister of Economy, Finance and Industry, the Minister of Public Service and State Reform, the Minister of the Interior and the Minister Delegate for Budget and Budget Reform, the spokesperson for the Government, are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done in Paris, 9 December 2004.


Jean-Pierre Raffarin


By the Prime Minister:


Minister of Public Service

and state reform,

Renaud Dutreil

The Minister of the Interior,

of Internal Security

and local freedoms,

Dominique de Villepin

Minister of Economy,

finance and industry,

Hervé Gaymard

Minister Delegate inside,

Marie-Josée Roig

Minister for Budget

and budgetary reform,

Government spokesperson,

Jean-François Copé


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