Order Of 18 July 2008 For The Establishment Of Joint Consultative Committees Contractual Agents Of Public Law Of The National Police

Original Language Title: Arrêté du 18 juillet 2008 portant création des commissions consultatives paritaires compétentes à l'égard des agents contractuels de droit public de la police nationale

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JORF n ° 0193 text no. 14 Decree of July 18, 2008, August 20, 2008 for the establishment of joint consultative committees contractual agents of public law of the national police NOR: IOCC0817954A ELI: https://www.legifrance.gouv.fr/eli/arrete/2008/7/18/IOCC0817954A/jo/texte Minister of the Interior, of the overseas and local authorities, pursuant to law No. 83-63 of 13 July 1983 as amended on the rights and obligations of civil servants together amended Act No. 84-16 of 11 January 1984 on the statutory provisions on the public service of the State;
Having regard to article 34 of Act No. 2000-321 of 12 April 2000 on the rights of the citizens in their relations with Governments;
Considering Decree No. 86-83 of 17 January 1986 as amended relating to the General provisions applicable to non-licensed agents of the State, taken for the purposes of article 7 of Act No. 84-16 of 11 January 1984 containing statutory provisions relating to public service of the State;
Mindful of Decree No. 2002-818 3 May 2002 modified on the statutory provisions applicable to contract agents of public law of the national police covered by article 34 of Act No. 2000-321 of 12 April 2000 on the rights of the citizens in their relations with Governments;
Considering the Decree of 1 September 1993 amended fixing the voting modalities in the elections to the competent administrative JABs against personal assets and administrative of the national police;
Having regard to the opinion of the Technical Committee joint central of the national police dated June 20, 2008;
On the proposal of the Director general of the national police, stop: Article 1 more on this article...

Set up by the Ministry of the Interior three joint consultative committees with respect to contractors of public right of indefinite national police occupying the posts covered by article 34 of the Act of 12 April 2000 referred to above or subject to the provisions of article 4 of the Act of 11 January 1984 above.
The Organization, composition, powers and the functioning of the commissions are governed by the provisions of this order.

TITLE I: COMPOSITION Article 2 in more on this article...

These consultative committees include equal numbers of representatives of the administration and the staff. They were incumbent members and an equal number of alternate members.
The composition of the joint consultative committees shall be as follows: COMMISSIONS Advisory equal representation number of representatives of the administration staff holders alternates holders alternates Commission no. 1 contract staff of level A 3 3 3 3 Commission no. 2 contract Agents of level B and C 3 3 3 3 Commission no. 3 Agents under article 34 of the law of 12 April 2000 3 3 3 3 Article 3 in more on this article...

Members of the joint consultative committees are appointed 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 interests of the service, by order of the Minister of the Interior. Such reductions or extensions shall not exceed a period of one year.
When renewing commissions, new members are functions on the date at which ends, in accordance with the foregoing provisions, the mandate of the members that they succeed.


Article 4 more on this article...

The representatives of the administration members hold or alternate of the Advisory Boards coming during the abovementioned period of three years, due to resignation of the administration or their mandate of Member of the commission, to commence long leave in respect of article 34 of the law of 11 January 1984, of calling for availability or for any other cause that the advancement to stop the functions due to which they have been appointed or who possess the conditions required by this by-law to be part of the commission are replaced in the form indicated in article 6 below.
The terms of their successors expire in this case at the time renewal commissions.


Article 5 read more on this article...

The representatives of the staff, members and alternates of the coming committees, during the above mentioned three years, due to resignation of the administration or their mandate of Member of the commission, to leave serious illness or leave in respect of articles 20, 22 and 23 of the Decree of 17 January 1986 referred to above to stop the functions for which they have been appointed or more fulfilling the conditions required by this by-law to be part of the commission shall be replaced as follows: when a licensed representative is unable to perform his duties, his Deputy was named holder and is replaced by the first candidate not elected remaining of the list.
When an alternate representative is unable to perform his duties, he was replaced by the first candidate not elected remaining of the list.
When a trade union organization is unable to provide under the conditions provided for in the two preceding paragraphs in the seats of members or alternate members to which it is entitled in a grade, the seats vacated are attributed by drawing lots among the contract staff in residence within the jurisdiction of the consultative commission whose representatives must be members. If so designated do not accept their appointment, the vacancies of the staff representatives are allocated to representatives of the administration.
The terms of their successors expire in this case when the renewal of the commission.


Article 6 read more on this article...

Representatives of the administration, and their alternates, in the joint consultative committees are appointed by the Minister of the Interior within fifteen days of the proclamation of the results of the elections. They are selected from among staff members belonging to category A exercising their functions within the Directorate-General of the national police.


Article 7 read more on this article...

Except in the case of anticipated renewal of the commissions, elections to the joint advisory committees have held more than four months and two months at least before the date of expiry of the mandate of their practising members, such that this date is determined in article 3 supra. The date of these elections is set by order of the Minister of the Interior.


Article 8 more on this article...

Are voters non-incumbent in the position of business agents, in the position of parental leave or leave without pay other than those provided for in articles 20, 22 and 23 of the Decree of 17 January 1986 abovementioned cash, on the date scheduled for the election, at least one year of employed in that capacity.
Without prejudice to the rights they retain in their administration of origin, the incumbent officials seconded in contractual employment, are voters in their use of detachment.


Article 9 read more on this article...

The list of voters is stopped by the Assistant Director of human resources and is available fifteen days at least before the date set for the election.
Within eight days following publication, voters can check registration and, where appropriate, to submit requests for registration. Within the same period, and three days from its expiry, claims may be made against the entries or omissions on the electoral list.
The Minister of the Interior shall decide without delay on claims.


Article 10 more on this article...

Are eligible officers eligible to be registered on the electoral list of the commissions.
However, may not be elected or agents in serious sick leave, or those placed for any reason whatsoever turned to leave without pay, or those affected by one of the disabilities imposed by articles 5 to 7 of the electoral code, nor those with disciplinary action, unless it has been amnestied or that the interested parties have benefited from a decision accepting their request that no trace of the pronounced penalty not remain in their folder.


Article 11 read more on this article...

Any trade union organization can stand in the elections.
Each list includes so many names there are vacancies, and alternates, for a given commission and up to 50% of additional candidates, without that there is mention for each of the candidates of the quality of holder or alternate. A candidate cannot be presented by several lists on the basis of a Committee.
Lists must be filed by the trade union organizations at least six weeks before the date set for the elections.
Each list must include the name of an agent, delegate list, candidate or not, appointed by the trade union organization to represent the list in all electoral operations. The organization may designate a substitute delegate.
No application can be filed, modified or removed after the date limit specified in the preceding paragraph.
In addition, the filing of each list must be accompanied by a statement of candidacy signed by each candidate. The deposit is under a receipt delivered to the delegate list.


Article 12 read more on this article...
Ballots and envelopes are established at the expense of the administration, according to a template provided by the latter. They are transmitted, as well as professions of faith, by the care of the administration to registered non-licensed agents on the list of electors.


Article 13 read more on this article...

For the fulfilment of the electoral operations for the designation of the representatives of the staff it consists by the Ministry of the Interior central polling to the direction of the administration of the national police, the ballot taking place only by correspondence in the conditions laid down by the Decree of 1 September 1993 referred to above. Proxy voting is allowed under any circumstances.


Article 14 read more on this article...

The central polling station established under article 13 of this order, composed of the head of office of staff administrative, technical and scientific or its representative, a representative of the office of administrative, technical and scientific personnel, Secretary, and a delegate of each list in the presence, conducts the counting of the votes by correspondence.
Envelopes must be received at the polling station before the time of closing of the poll.
Polling finds the total number of voters and determines the total number of votes validly cast as well as the number of votes obtained by each list.
In addition, it determines the electoral quotient by dividing the total number of votes validly cast by the number of representatives to be elected for the entire body.
The counting of the votes is being implemented by the central polling station. He proceeded to the proclamation of the results without delay.


Article 15 read more on this article...

Personnel within each Joint Appeals Advisory Board representatives are elected by secret ballot with proportional representation. The designation of the members is carried out as follows: 1. each list is entitled to as many seats of representatives than the number of votes cast for it contains times the electoral quotient. The seats of representatives remaining possibly fill are given the highest-average rule. Where, for the allocation of a seat, lists have the same average, headquarters is attributed to the list that received the largest number of votes.
If the lists in question have collected the same number of votes, the seat is assigned to that presented the largest number of candidates to be elected in respect of the joint consultative commission. If several of these lists have obtained the same number of votes and were presented the same number of candidates, the seat is assigned to one of them by way of a random draw.
2. in the event where, for a given commission, no trade union organization did apply, the representatives of this commission are designated by drawing lots among the non-incumbent officials of this commission. If so designated unlicensed agents do not accept their appointment, the vacancies of the staff representatives are allocated to representatives of the administration.


Article 16 read more on this article...

Each trade union organization has a period of fifteen days from the proclamation results to inform the authority from which are placed the name of representatives, directors and alternates, called to occupy seats allocated to him commissions.


Article 17 read more on this article...

When no application filed by trade unions, was taken to a new vote within a period which may not be less than six weeks and more than ten weeks from the date originally scheduled for the poll. This election is organized under the conditions determined by the preceding articles.
In the case where no trade union organization did apply for this second election, the staff representatives are designated, by drawing lots among the agents non-incumbent referred to in article 1 of this order. If so designated unlicensed agents do not accept their appointment, the vacancies of the staff representatives are allocated to representatives of the administration.


Article 18 read more on this article...

The workflow is contained in a report prepared by the office of vote and immediately transmitted to the competent authority as well as regulated agents to represent trade unions.


Article 19 more on this article...

Disputes on the validity of the electoral operations are brought within a period of five days from the proclamation of the results, to the Minister of the Interior, and then, if necessary, before the administrative court.

Title II: Responsibilities Article 20 in more on this article...

The joint consultative committees are obligatorily consulted on individual decisions relating to the terms of layoffs occurring subsequent to the trial period, the disciplinary sanctions other than the warning or reprimand as well as with regard to the commission consultative joint no. 2 referred to in article 2 of this order, to changes of category pursuant to article 5 of the Decree of 3 May 2002 referred to above.
Respect of officials of other jurisdictions, posted on employment of contract staff, joint consultative committees are responsible for disciplinary issues.

Title III: Functioning Article 21 in more on this article...

The committees are chaired by the Director of the national police administration or his representative.
The joint consultative committees are developing their own rules according to the established regulations for the administrative committees joint and subject to the approval of the Minister of the Interior.
The secretariat is provided by the office of administrative, technical and scientific police personnel. A representative of the staff is appointed by the commission in its midst to serve as Deputy Secretary.
A report is prepared after each meeting and submitted to the approval of the members of the commission at the next meeting. It is signed by the president and countersigned by the Secretary and Deputy Secretary.


Article 22 read more on this article...

They meet mandatory at least once a year upon convocation by its Chairman, on its own initiative or within the maximum period of two months, on written request signed by at least half the staff representatives.


Section 23 read more on this article...

Alternates may attend the meetings of the Committee without being able to take part in the proceedings. They have voting rights in the absence of persons they replace.
The Chairman of the Committee may convene experts at the request of the authority or at the request of the representatives of the staff, so that they are heard on a or points on the agenda of the day.
Experts can only attend the part of the debates, excluding the vote, on issues for which their presence has been requested.


Section 24 read more on this article...

Each Joint Appeals Advisory Board deliberates validly on the condition to observe the constitution and operating rules enacted by order and by the rules of procedure.
In addition, three quarters at least of their members must be present at the opening of the meeting. If this quorum is not reached, a call is sent within eight days to the members of the commission who then sit validly if half of its members are present.


Article 25 more on this article...

The commission issues its opinion to the majority of the members present. If a vote is taken, it is held in hands. Abstentions are allowed. However, at the request of one of the members of the commission, voting takes place by secret ballot. In the event of equality of votes, the notice is deemed to have been given.
When the competent authority shall take a decision contrary to the opinion of the commission, the authority must inform the commission of the reasons which led it to not follow the advice.


Article 26 more on this article...

The meetings of the joint advisory committees are not public.


Article 27 more on this article...

The committees ensure that the interested agent has been able to take note of the folder before the meeting, that he was informed of the possibility to be heard, be assisted or represented by defenders of his choice and ask witnesses.


Article 28 more on this article...

When the joint consultative commission No. 2 referred to in article 2 of this order is called to pronounce in disciplinary matters, only representatives of the personnel employed to a hierarchical level at least equal to that of the agent which the record is examined, as well as an equal number of representatives of the administration, are called to deliberate.
In the case where no representative staff employed a level at least equal to that of the agent which is considered may sit, the commission is supplemented by one or more representatives appointed by way of a random draw among the unlicensed agents under this commission and employed a level at least equal to that of the relevant agent.


Article 29 more on this article...
All facilities must be given to the members of the joint consultative committees by the administration to enable them to fulfil their functions.
In addition, communication must be given them to all parts and documents necessary for the accomplishment of their mission eight days at least before the date of the meeting.
A leave of absence is granted to representatives of staff, on presentation of an invitation, to enable them to participate in the meetings.
The members of the committees are subject to the obligation of professional secrecy as regards all the facts and documents which they have become aware in this capacity.


Section 30 read more on this article...

The members of the commissions are paid no compensation because of their duties in these commissions. They are however compensated for their travel and subsistence costs under the conditions laid down by Decree No. 2006-781 3 July 2006 laying down the terms and conditions of payment of the costs occasioned by the temporary displacements of the civilian personnel of the State.


Article 31 read more on this article...

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 at Paris, on July 18, 2008.
For the Minister and by delegation: the Director general of the national police, F. Péchenard

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