Key Benefits:
Minister of Defence,
Vu le Electoral codeincluding articles L. 5 and L. 7;
Vu la Act No. 83-634 of 13 July 1983 amendments to 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;
Vu la Act No. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with administrations, in particular article 34 thereof;
Vu le Decree No. 49-1378 of 3 October 1949 Amending the status of agents on contract of the Ministry of National Defence;
Vu le Decree No. 82-451 of 28 May 1982 amended on parity administrative commissions;
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. 2001-822 of 5 September 2001 making provisions applicable to contract agents of public law of the Ministry of Defence referred to in theArticle 34 of Act No. 2000-321 of 12 April 2000 the rights of citizens in their relations with administrations;
Vu le Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs incurred by the temporary movement of State civilian personnel;
Considering the opinion of the Central Joint Technical Committee of the Polytechnic School of 20 March 2008;
Considering the advice of the Central Joint Technical Committee of the National Military Social Security Fund dated 22 April 2008;
Considering the advice of the Central Joint Technical Committee of the National Higher School of Advanced Techniques dated 22 May 2008;
Considering the advice of the Central Joint Technical Committee of the Higher Institute of Aeronautics and Space dated 29 April 2008;
Considering the advice of the Central Joint Technical Committee of the National College of Engineers of Arms Studies and Techniques of 13 May 2008;
Considering the advice of the Central Joint Technical Committee of the Army Museum dated 1 July 2008;
Considering the advice of the Central Joint Technical Committee of the Air and Space Museum dated 17 July 2008;
Considering the advice of the Central Joint Technical Committee of the National Marine Museum dated 26 June 2008;
Considering the advice of the Central Joint Technical Committee for the Defence Communication and Audiovisual Production Establishment of 23 June 2008;
Considering the advice of the Central Joint Technical Committee of the Marine Hydrographic and Oceanographic Service dated 20 May 2008;
In view of the opinion of the Central Joint Technical Committee of the Public Institution for the insertion of defence dated 30 April 2008;
Given the advice of the Department of Defence's Departmental Joint Technical Committee dated 6 February 2008, Stop:
It is established in the Ministry of Defence a parity advisory board of advancement and discipline for contractual agents under the decrees of the 3 October 1949 and 5 September 2001 referred to, below referred to as "the commission". This commission is placed with the Human Resources Director of the Ministry of Defence.
The composition of the commission shall be determined in accordance with the following table:
| College No. 1 | | | | |
| HC, A, 1C, 2C and 3C decree of 3 October 1949 | 2 | 2 | | |
| College 2 | | | | |
| Category 1B, 2B, 3B and 4C decree of 3 October 1949 | 3 | 3 | 9 | 9 |
| College No. 3 | | | | |
| Category 5B and 5C decree of 3 October 1949 and staff decree of 5 September 2001 referred to above | 4 | 4 | | |
DEIGNATION OF PERSONNEL REPRESENTATIVES
Voters are the agents under the decrees of 3 October 1949 and 5 September 2001 referred to as active on the deadline for filing lists.
Agents on sick leave, sick leave, maternity leave, paternity leave, adoption leave or parental leave are also eligible for election.
On the other hand, agents on early termination of activity or on leave without pay are not electors.
Officials employed by public administrative institutions shall be electors in the commission under the conditions provided for in the preceding paragraphs.
The list of electors called to vote is stopped under the conditions provided for in second paragraph of Article 13 of the Decree of 28 May 1982 referred to above.
The contractual agents referred to in Article 3 of this Order may be designated as staff representatives, meeting the conditions for electors.
However, contractual agents may not be designated on severe sick leave, nor on any of the incapacities cited by the Articles L. 5 to L. 7 of the Electoral Codeneither those who have been struck by a temporary exclusion of duties, unless they have been amnestied or have received a decision accepting their request that no record of the sanction pronounced remain on their file.
Separate lists of applications are established for each college. Each list of candidates includes as many names as there are filling positions, incumbents and alternates, for each college.
Lists must be filed by trade union federations at least six weeks before the date fixed for the elections. No list may be filed or modified after this deadline.
The election of staff representatives to the commission shall take place before the expiry date of the term of office of its members in office.
These lists may include officers employed by public administrative institutions.
The ballots and envelopes are prepared at the expense of the administration.
Electoral operations are conducted publicly in the workplace and during service hours.
The vote is held by secret ballot and under envelope.
Electors may vote only for an entire list, without delisting or adding names and without changes to the order of presentation of candidates. Any bulletin established in ignorance of any of these conditions shall be void.
The vote may be by correspondence. The envelopes sent, at the administration's expense, by the electors must arrive at the polling station before the polling day is closed.
Voting offices are organized, if necessary, in public administrative institutions. Otherwise, the officers concerned vote by correspondence.
A polling station is established to proceed with the counting and the proclamation of the results.
It 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 for each of the colleges by dividing the total number of valid votes cast by the number of incumbent representatives to elect.
The polling station shall prepare the record of the electoral transactions.
The representatives of the staff within the commission shall be elected by secret ballot to proportional representation. The designation of the incumbent members shall be as follows:
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 case two lists have the same average and only one seat left to be filled, the said seat is assigned to the list that collected the largest number of votes. In case of equality, the seat is assigned to the oldest candidate in attendance.
Each list shall be assigned a number of seats of alternate representatives equal to that of the incumbent representatives elected under this list.
Representatives are designated according to the order of presentation of the list.
In the case that no nominations have been made for a particular college, the representatives of that college shall be designated by way of drawing of lots among the officers eligible for that college. If the officers so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to officials of the administration.
If, prior to the expiry of the term of office, one of the representatives of the staff member holding the commission is unable to perform his or her duties, he or she shall be replaced by his or her alternate until the commission is renewed. The latter is itself replaced by the first unelected candidate of the same list.
When a list is unable to fill a seat under the above conditions, the seat left vacant shall be filled by drawing of lots among the officers eligible for the college for which the seat is vacant.
DESIGNATION OF REPRESENTATIVES OF ADMINISTRATION
Representatives of the administration, licensees and alternates, within the commission shall be appointed by order of the Minister. They are chosen from state agents belonging to a body classified in category A or assimilated or among officers.
Representatives of the incumbent or alternate member administration of the commission shall, within the three-year period referred to in section 2, cease the functions for which they have been appointed shall be replaced under the conditions set out in the preceding paragraph. The term of office of their successors expires in this case during the renewal of the commission.
When the Board examines the situation of an officer employed by an administrative public institution, a representative of the administration of that institution is designated as an expert.
ATTRIBUTIONS
The commission is obligatoryly consulted on individual decisions relating to dismissals and disciplinary sanctions other than warning and blame.
In respect of contract agents governed by the decree of 3 October 1949, the Joint Commission is called upon to issue a notice on proposals for a reduction of seniority in increments, proposals for progress by category change, and proposals for progress at the 14th, 15th and 16th levels of the off-category and the second pay group of category A.
It is aware of the fact sheets (figures and general ratings) of the agents on contract for which it is competent and may, at the request of an agent, request the chief of service to review the rating of that agent.
A with respect to contract agents under the decree of 5 September 2001 referred to above, the commission is required to issue a notice on proposals for advancement by category change.
The Commission may, at the request of the interested agent, have individual disputes relating to:
(a) Denials against requests for leave for trade union training, for family reasons, for personal convenience, for business creation and for vocational training;
(b) Disciplinary sanctions other than those referred to in Article 13;
(c) Failure to allow absence to follow an action to prepare for an administrative competition or a training action;
(d) Denial of authorization to perform part-time service and part-time conditions;
(e) Conditions of re-employment after leave if they do not appear in conformity with provisions of articles 32 and 33 of the decree of 17 January 1986 referred to above.
The Commission may be seized by its Chairperson or upon written request from at least half of the staff representatives of any individual matters concerning that staff.
FUNCTIONING
The commission is chaired by the Human Resources Director of the Ministry of Defence or his representative.
The Commission develops its rules of procedure that are subject to approval by the Director of Human Resources of the Ministry of Defence.
The secretariat is provided by a representative of the administration who may not be a member of the commission. A staff representative shall be appointed by the Commission within the Commission to serve as Deputy Secretary.
A report is prepared after each session.
The Commission shall meet at least twice a year, at the invitation of its Chairperson, at its initiative or, within the maximum of two months, upon written request of at least half of the staff representatives.
The Commission shall issue a notice to the majority of the members present. If a vote is taken, the vote shall be taken by hand. Agreed.
To properly deliberate, at least three quarters of the committee members must be present at the opening of the meeting.
Alternate persons shall be called to the meetings of the Committee without participation in the proceedings. They only have a deliberate voice in the absence of the incumbents they replace.
Committee meetings are not public.
When an officer reporting decree of 3 October 1949 has access, by way of advancement, to a higher level, the colleges concerned sit in joint training. Only representatives of the incumbent staff, or their alternates, and an equal number of representatives of the administration are then called to deliberate.
In disciplinary matters, the commission sits in restricted training by college.
The commission may also be convened by college in restricted training to discuss issues that do not interest other colleges.
In such cases, representatives of the incumbent and alternate staff, elected under the officer's college, as well as an equal number of representatives of the administration, shall be required to deliberate.
In restricted training, to properly deliberate, at least half of the members of the college must be present at the opening of the meeting.
In the other cases, the Committee shall sit in plenary meeting.
All facilities must be provided to the members of the commission to perform their functions.
The agenda of each meeting shall be communicated to all members, holders and alternates, at least one month before the sitting. The representatives of the staff to serve shall meet two days prior to the meeting of the commission in a local area to that effect and shall be provided with all documents and documents to prepare the work of the commission.
Members of the commission are subject to the obligation of professional discretion with respect to all facts and documents that they have been aware of in this capacity.
A leave of absence is granted to staff representatives to allow them to attend the meetings of this commission, on a simple presentation of their convocation. The duration of this authorization is calculated taking into account the time limits, the duration of the meeting, and increased by a maximum of two days, in order to ensure the preparation and reporting of the work of the commission.
Members of the commission do not receive any compensation as a result of their duties in the commission. However, they are compensated for their travel and living expenses under the conditions fixed by the decree of 3 July 2006 referred to above.
The Order relating to the Joint Commission for the Advancement and Discipline of Agents on Contract of the Ministry of Defence dated 12 July 2001 is repealed.
The Director of Human Resources of the Ministry of Defence is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, July 23, 2008.
For the Minister and by delegation:
The Director of Human Resources
Ministry of Defence,
J. Roudière
