Key Benefits:
Minister of Interior, Overseas and Territorial Communities,
In light of amended Act No. 83-63 of 13 July 1983 on the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
See?Article 34 of Act No. 2000-321 of 12 April 2000 the rights of citizens in their relations with administrations;
Vu le Decree No. 86-83 of 17 January 1986 amended to apply the general provisions applicable to non-State agents,Article 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Vu le Decree No. 2002-818 of 3 May 2002 amended with statutory provisions applicable to contractual agents of public law of the national police covered by theArticle 34 of Act No. 2000-321 of 12 April 2000 the rights of citizens in their relations with administrations;
Having regard to the amended decision of 1 September 1993 setting out the terms and conditions of voting in the elections to the relevant administrative boards in respect of the active and administrative personnel of the national police;
Having regard to the advice of the Central Joint Technical Committee of the National Police dated 20 June 2008;
On the proposal of the National Police Director General,
Stop it!
It is established at the Ministry of the Interior three competent parity advisory boards with respect to contractual public law officers of the National Police in indefinite contract occupying jobs under the National PoliceArticle 34 of the Act of 12 April 2000 referred to above or submitted to provisions of Article 4 of the Act of 11 January 1984 referred to above.
The organization, composition, responsibilities and functioning of these commissions shall be governed by the provisions of this Order.
These advisory commissions include equal numbers of representatives of the administration and staff. They have incumbent members and an equal number of alternate members.
The composition of the Joint Advisory Committees is as follows:
| Commission No. 1 Level A contractual personnel | 3 | 3 | 3 | 3 |
| Commission No. 2 Level B and C contractual personnel | 3 | 3 | 3 | 3 |
| Commission No. 3 Agents reportingArticle 34 of the Act of 12 April 2000 | 3 | 3 | 3 | 3 |
Members of the Joint Advisory Boards are designated for a period of three years by the Minister of the Interior. Their mandate can be renewed.
However, the term of office may be exceptionally reduced or extended, in the interest of the service, by order of the Minister of the Interior. These reductions or extensions may not exceed one year.
Upon the renewal of the Commissions, the new members shall serve on the date on which the term of office of the members to whom they succeed is terminated, in accordance with the above provisions.
Representatives of the incumbent or alternate member administration of the parity advisory boards coming, during the above-mentioned three-year period, as a result of the resignation of the administration or their term as a member of the commission, of long-term leave under theArticle 34 of the Law of 11 January 1984, lay-off or for any other cause other than progress, to cease the functions for which they were appointed or which no longer meet the conditions required by this order to be part of the commission shall be replaced in the form specified in Article 6 below.
The term of office of their successors expires in this case during the renewal of the commissions.
Staff representatives, incumbent members and alternate members of the commissions coming, during the above-mentioned three-year period, as a result of the resignation of the administration or of their term as a member of the commission, of sick leave or of leave for the purposes of articles 20, 22 and 23 of the decree of 17 January 1986 referred to above, to cease the functions for which they have been appointed or no longer fulfilling the conditions required by this order to be part of the commission shall be replaced under the following conditions:
When a incumbent representative is unable to perform his or her duties, his or her alternate is appointed as a holder and is replaced by the remaining first unelected candidate from the same list.
When an alternate representative is unable to perform his or her duties, he or she is replaced by the first unelected candidate remaining from the same list.
Where a trade union organization is unable to fill in the conditions set out in the two preceding paragraphs with the seats of incumbent members or alternate members to whom it is entitled in a grade, the seats left vacant shall be assigned by way of drawing of lots among contractual agents in residence within the jurisdiction of the advisory committee whose representatives shall be members. If the officers so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to officials of the administration.
The term of office of their successors expires in this case during the renewal of the commission.
Representatives of the administration, incumbents and alternates, in the parity advisory boards are appointed by the Minister of the Interior within fifteen days of the proclamation of the results of the elections. They are selected from the incumbents of category A who perform their duties within the general direction of the national police.
Except in the event of an early renewal of the commissions, the elections to the parity advisory boards shall be held no later than four months and no later than two months before the expiry date of the term of office of their members in office, as determined in article 3 above. The date of these elections is fixed by order of the Minister of the Interior.
Electors are non-responsible agents in an activity position, parental leave or unpaid leave other than those provided for in the articles 20, 22 and 23 of the decree of 17 January 1986 referred to above at least one year of actual service as scheduled for the election.
Without prejudice to the rights they retain in their original administration, incumbent civil servants, seconded in a contracting job, are electors in their detachment job.
The list of electors is stopped by the Deputy Director of Human Resources and is available at least 15 days before the date fixed for the election.
Within eight days of the publication, electors can verify registrations and, where applicable, submit applications for registration. Within the same period, and for three days after its expiry, claims may be made against registrations or omissions on the list of electors.
The Minister of the Interior shall promptly decide on the claims.
The eligible officers are eligible to be registered on the electoral list of the commissions.
However, may not be elected either as agents on sick leave, or as those placed for any cause in leave without pay, or as a result of one of the incapacities imposed by the Articles L. 5 to L. 7 of the Electoral Codeneither those who have been subjected to disciplinary action, unless they have been amnestied or have been granted a decision accepting their request that no record of the sanction imposed remain in their file.
Any union organization may run for election.
Each list includes as many names as there are filling positions, incumbents and alternates, for a particular commission and up to 50% additional candidates, without mentioning each of the candidates of the quality of the holder or alternate. The same candidate may not be submitted by several lists under the same commission.
Lists must be filed by trade union organizations at least six weeks before the date fixed for the elections.
Each list must include the name of an agent, a list delegate, a candidate or not, designated by the trade union organization to represent the list in all electoral operations. The organization may designate an alternate delegate.
No application may be filed, amended or withdrawn after the deadline set out in the preceding paragraph.
The filing of each list must be accompanied by a declaration of application signed by each candidate. The deposit is subject to a receipt given to the list delegate.
The ballots and envelopes are prepared at the expense of the administration, based on a model model provided by the administration. They are transmitted, as well as professions of faith, by the administration to non-registrant agents on the list of electors.
For the purpose of carrying out electoral operations for the appointment of staff representatives, it is constituted by the Ministry of the Interior a central polling station in the direction of the administration of the national police, the balloting being carried out only by correspondence under the conditions fixed by the above-mentioned decree of 1 September 1993. In no case is the proxy vote allowed.
The Central Voting Office established in section 13 of this Order, consisting of the Chief Administrative, Technical and Scientific Personnel Office or its representative, a representative of the Office of Administrative, Technical and Scientific Personnel, Secretary, and a delegate of each list in attendance, shall conduct the general census of the correspondence votes.
The envelopes must be sent to the polling station prior to the closing time.
The polling station notes the total number of votes and determines the total number of valid votes cast and the number of votes obtained by each list.
It also determines the electoral quota by dividing the total number of valid votes cast by the number of incumbent representatives to be elected for the whole body.
The counting of the ballot is implemented by the central polling station. It proceeds with the proclamation of results without delay.
Staff representatives in each Joint Advisory Committee shall be elected by secret ballot and by proportional ballot. The designation of the incumbent members shall be as follows:
1. Each list is entitled to as many seats as incumbent representatives as the number of votes collected by it contains the electoral quota. The seats of any incumbent representatives remaining to be filled are allocated according to the highest average rule. In the event that, for the assignment of a seat, lists have the same average, the seat is assigned to the list that collected the largest number of votes.
If the lists in question received the same number of votes, the seat shall be assigned to the seat that has presented the largest number of candidates to be elected under the parity advisory board. If several of these lists have obtained the same number of votes and have presented the same number of candidates, the seat is assigned to one of them by drawing lots.
2. In the case that, for a particular commission, no trade union organization has made an application, the representatives of that commission shall be appointed by way of a drawing of lots among the non-binding agents of that commission. If the non-registrants so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to representatives of the administration.
Each trade union organization has a period of fifteen days from the proclamation of the results to inform the authority to which the commissions are placed the names of the representatives, holders and alternates, called to occupy the seats assigned to it.
When no nominations have been filed by trade union organizations, a new ballot shall be held within a period not less than six weeks and more than ten weeks from the date originally scheduled for the election. This ballot shall be held in the conditions determined by the preceding articles.
In the case that no trade union organization has made an application for this second ballot, staff representatives are appointed, by way of drawing, among non-registrant agents referred to in Article 1 of this Order. If the non-registrants so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to representatives of the administration.
The conduct of operations shall be recorded in a record prepared by the polling station and immediately transmitted to the competent authority and to the officers authorized to represent the trade union organizations.
Disputes on the validity of electoral transactions are brought, within five days of the proclamation of the results, to the Minister of the Interior and, where applicable, to the administrative jurisdiction.
Joint advisory boards are obligatoryly consulted on individual decisions relating to the terms and conditions of terminations occurring after the trial period, disciplinary sanctions other than the warning or censure, as well as, with respect to the parity advisory board No. 2 referred to in Article 2 of this Order, to class changes, pursuant toarticle 5 of the decree of 3 May 2002 referred to above.
With respect to officials of other jurisdictions, who are seconded to contractual positions, the Joint Advisory Boards are competent for disciplinary matters.
The commissions are chaired by the Director of the National Police Administration or his representative.
The Joint Advisory Boards shall develop their own rules of procedure in accordance with the standard rules established for the Joint Administrative Boards and subject to approval by the Minister of the Interior.
The secretariat is provided by the police administrative, technical and scientific staff. A staff representative shall be appointed by the Commission within the Commission to serve as Deputy Secretary.
A report is prepared after each session and submitted for approval by members of the commission at the next session. It is signed by the president and signed by the secretary and deputy secretary.
They must meet at least once a year on the convocation of the President, on his initiative or, within a maximum of two months, upon written request signed by at least half of the staff representatives.
Alternate persons may attend the meetings of the committees without participation in the proceedings. They only have a deliberate voice in the absence of the incumbents they replace.
The chair of the commission may convene experts at the request of the administration or at the request of staff representatives, so that they may be heard on one or more items on the agenda.
Experts can only attend the portion of the debate, excluding the vote, on the issues for which their presence was requested.
Each parity advisory board shall be validly deliberated only on the condition that it observes the rules of constitution and operation enacted by this Order and by the rules of procedure.
In addition, at least three quarters of their members must be present at the opening of the meeting. When this quorum is not reached, a new convocation is sent within eight days to the members of the commission who then sit validly, if half of its members are present.
The Commission shall issue its opinion to the majority of the members present. If a vote is taken, the vote shall be taken by hand. Agreed. However, at the request of one of the members holding the commission, the vote shall be held by secret ballot. In the event of a vote sharing, the notice is deemed to have been given.
Where the competent authority makes a decision contrary to the notice issued by the commission, the authority shall inform the commission of the reasons that have led to it not to follow the notice.
The meetings of the Joint Advisory Committees are not public.
Commissions ensure that the interested officer was able to get to know the file before the meeting, that he was informed of the possibility of being heard, assisted or represented by the defenders of his choice and requesting the hearing of witnesses.
When the parity advisory board 2 referred to in Article 2 of this Order is required to make a decision in disciplinary matters, only staff representatives in a hierarchical position at least equal to that of the officer whose file is examined, as well as an equal number of representatives of the administration, are required to deliberate.
In the case that no representative of the staff occupying a level of at least equal to that of the officer whose file is examined may not sit, the commission shall be supplemented by a representative or representatives designated by drawing of lots among non-registrants of that commission and occupying a level of at least equal to that of the officer concerned.
All facilities must be provided to members of the parity advisory boards by the administration to enable them to fulfill their responsibilities.
In addition, communication must be given to them of all documents and documents necessary to carry out their mission at least eight days before the date of the session.
A leave of absence is granted to staff representatives, upon presentation of a summons, to allow them to attend meetings.
Board members are subject to professional discretion in respect of all facts and documents that they have known in this capacity.
Members of the commissions shall not receive any compensation as a result of their duties in those commissions. However, they are compensated for their travel and living expenses under the conditions fixed by the Decree No. 2006-781 of 3 July 2006 establishing the conditions and terms and conditions for the payment of costs caused by temporary travel of State civilian personnel.
The Director of the National Police Administration is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, July 18, 2008.
For the Minister and by delegation:
The Director General of the National Police,
F. Pechenard
