Key Benefits:
By order of the Minister of Agriculture and Fisheries, the Minister of Health, Youth, Sports and Associative Life and the Minister of Budget, Public Accounts and Public Service dated January 9, 2009, is approved by Act No. 1 amending the preamble and sections 1, 4, 6-3, 11, 18-2 and 19 of the constitutive convention of the group of public interest known as Allier Santé
The amended constitutive agreement, which is annexed, may be consulted at the headquarters of the group and with the above-mentioned departments.
A N N E X E
EXTRAITS DE LA CONVENTION CONSTITUTIVE MODIFIÉE
I. The members of the group are:
the Allier department;
the city of Saint-Etienne;
– IL Health Sustainable Environment Is.
II. ― The grouping is called "IPL Santé environnement durable coeur de France".
III. ― The duration of the contract may be renewed after unanimous approval of the members of the extraordinary general assembly.
IV. ― In the event of non-performance of its obligations, the exclusion of a member of the IPF may be pronounced on the proposal of the board of directors by the extraordinary general assembly unanimously deciding the vote, the representatives of the excluded member who cannot take part in the vote.
The legal representative of the member concerned is heard beforehand by the board of directors and the extraordinary general assembly.
The financial and other provisions for withdrawal apply to the excluded member.
V. ― In addition to staff made available or seconded, IPF may recruit personnel directly when warranted by its missions or activities. This is governed by the SYNTEC collective agreement and the labour law rules.
All contract officers in the Allier department and working in the laboratory as at 31 December 2007 were recruited with an indefinite contract.
The contracting agent of the city of Saint-Etienne working at the laboratory on December 31, 2008 will be recruited in an indefinite contract.
VI. ― The Extraordinary General Assembly shall be held outside the periodic meetings of the ordinary General Assembly.
It meets under the same conditions as the ordinary general assembly. It is chaired as stated in Article 18-1 of this Agreement.
The Extraordinary General Meeting is convened by registered letter with notice of receipt at least fifteen days in advance. The convocation indicates the agenda and meeting place.
A present representative may not hold more than two powers and may not hold the majority alone.
The assigned authority allows to represent the member.
Quorum is reached when half plus one person from IPF members is present or represented.
The majority vote of the 4/5th of the members, present or represented, rounded to the higher number is required for the adoption of decisions that are within the competence of the extraordinary general assembly:
any modification of the constitutive act;
- the extension or early dissolution of the IPF, as well as the necessary measures for its liquidation.
And excluding:
- the exclusion of a member as provided for in Article 6-3 of this Constitutive Agreement;
- the assignment of law as provided for in Article 6-4 of this constitutive agreement;
- membership of new members;
– the financial and other arrangements for the withdrawal of a member of the IPF, on the proposal of the ordinary general assembly.
The decisions of ordinary and extraordinary general assemblies, for which the majority of the 4/5th is required, are recorded in a record. They force all members.
VII. ― The IPF is administered by an eight-member board of directors appointed by the ordinary general assembly.
Each founding member has three representatives on the board of directors and the city of Saint-Etienne with two representatives.
The members of the board of directors are appointed for a period of three years and revocable by the ordinary general assembly.
The administrator's mandate is exercised free of charge.
However, the board of directors may allocate allowances for missions that it entrusts to administrators as part of the budget voted by the ordinary general assembly.
Each administrator has one voice.
A present administrator may hold up to two powers.
An administrator of the board of directors may only give power to another director of the board of directors.
The quorum is reached when half plus one person of the board of directors is present or represented.
The majority vote of the 4/5th members, present or represented, rounded to the higher number is required for the adoption of the following decisions:
- the adoption of the annual programme of activities and the corresponding budget, including the investment program, and, where appropriate, the personnel engagement forecasts.
The simple majority vote of the members present or represented is required for the adoption of other decisions that do not fall within the competence of the assemblies, including:
the election and revocation of the chair of the board of directors and the vice-chairs;
the appointment and revocation of the Director of the IPF;
– the determination of the powers of the Director of the IPF;
- the convening of meetings, the setting up of their agenda and the draft resolutions;
– the functioning of the IPTF;
― contribution to the expenses of each member;
– the deferral of a fiscal year's deficit over the next fiscal year;
― the provision of personnel to their original bodies;
- the rules of procedure.
The Board of Directors meets at least twice a year, and as often as the interest of the IPF requires, on the convocation of its Chair or at the request of the third party of its members.
In the event of a vote-sharing, the preponderant is the chair.
The Director of the IPF participates in the Board of Directors with an advisory voice.
