Key Benefits:
Minister of Interior, Overseas and Territorial Communities,
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 le Decree No. 82-451 of 28 May 1982 amended on the parity administrative commissions of the public service of the State;
Vu le Decree No. 86-83 of 17 January 1986 amended to apply the general provisions applicable to non-State agents taken for applicationArticle 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. 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;
Having regard to the decision of 8 January 1996, as amended by the order of 2 August 2006, setting out the terms and conditions for the election of staff representatives to the Joint Administrative Committees under the General Secretariat of the Ministry of Interior,
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It is established a parity advisory board, placed with the Director of Human Resources of the General Secretariat of the Ministry of Interior, competent in respect of:
- non-registrants recruited on the basis of articles 3 (2°, 3°), 4 and 6, paragraph 1st, of the law of 11 January 1984 referred to above and of the decree of 7 June 1996 referred to in the deconcentrated services of the General Secretariat;
- non-registration officers of the General Secretariats for Regional Affairs recruited by the Ministry of Interior.
The officers under the second paragraph of section 6 of Act No. 84-16 of 11 January 1984 referred to above and performing functions corresponding to a seasonal or casual need do not fall within the scope of this Order.
The Joint Advisory Committee comprises four staff representatives and four administrative representatives, including at least one regional secretary general.
The Commission also includes an equal number of alternates for the representatives of the administration. For staff representatives, the number of alternates is double the number of incumbents.
Members of the commission are appointed by order of the Minister of the Interior.
Their mandate is three years and can be renewed.
The term of office may be 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 commission, the new members shall enter into office on the date on which the term of office of the members to whom they succeed shall be terminated.
Representatives of the administration, holders or alternates, shall be appointed within fifteen days of the proclamation of the results of the elections.
They are selected from category A officials of the Ministry of the Interior or from non-registrants who perform level functions equivalent to those performed by officials authorized to serve.
The chair of the commission is a civil servant.
The representatives of the administration, the incumbent and alternate members of the parity advisory board, acting in the course of their term, as a result of the resignation of the administration or of their term as a member of the said commission, of long-term leave under section 34 of the law of 11 January 1984 referred to above, of layoff or for any other cause, to cease the functions in which they were appointed shall be replaced under the conditions set out in section 4. The term of office of their successors expires in this case during the renewal of the commission.
The representatives of the staff, the incumbent or alternate members of the commission, shall be elected by the ballot.
Staff representatives, incumbent or alternate members of the commission who have been appointed, as a result of termination of contract, resignation, leave without pay, sick leave of more than six months, pursuant to Article 13 of Decree No. 86-83 of 17 January 1986, or for any other cause to cease the functions for which they were appointed, shall be replaced under the conditions provided for in Article 8.
The term of office of the alternates ends at the same time as that of the other members of the Commission.
The replacement of staff representatives who are unable to perform their duties, for one of the reasons listed in section 7, shall be as follows:
― if it is a incumbent representative, the alternate from the list under which he was elected shall be appointed as a holder and replaced by the first unelected candidate from the same list;
– if it is an alternate representative, it is replaced by the first unelected candidate of the same list.
Where a list is unable to provide, under the conditions set out in the three preceding paragraphs, to the seats of the holder and alternate representative to which it is entitled, a drawing shall be carried out either by lot or by the general renewal of the commission according to the duration of the remaining term of office:
- if the remaining term of office is less than or equal to one year, the vacant seat(s) shall be assigned by way of drawing of lots among the officers of the commission;
- if the remaining term of office is longer than one year, a general renewal of the entire commission shall be carried out for the remainder of the term.
Except as the case of an early renewal of a commission, the elections to the parity advisory board referred to in this Order shall take place not less than four months and not less than two months before the expiry date of the term of office of their members in office. The date of the elections is fixed by order of the Minister of the Interior.
The officers referred to in section 1 of this Order shall be electors under the parity advisory board who meet the following cumulative conditions:
1° Rationale for an indeterminate contract or a fixed-term contract of a term of more than or equal to one year, which is being executed on the date of the election, the remaining period to be run on that date is at least two months;
2° Being, on the date of the election, in office for at least two months;
3° Being, on the date of the election, in activity or on parental leave.
It is specified that for fixed-term contracts renewed the date to be used to assess the seniority condition is the date of assuming the original contract.
Without prejudice to the rights they retain in their original administration, incumbent civil servants who are seconded in a contract job are electors in their detachment job.
The list of electors called to vote is stopped by the Director of Human Resources. It is posted in services not less than 15 days before the date fixed for the ballot.
Within eight days of the publication of the lists, electors can verify the registrations and, where applicable, submit applications for registration.
Within the same period and for three days from 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.
Members eligible to be registered on the list of electors of that commission shall be eligible under the parity advisory board.
However, they may not be elected either as agents on sick leave under Article 13 of the above-mentioned Decree of 17 January 1986, or as persons placed for any cause in leave without pay, or as a result of any incapacity imposed by Articles L. 5 to L. 7 of the electoral code, or as a result of a disciplinary measure or of any of the other causes of exclusion set out in the second decree of the 2nd decree of the 1982 am.
Each list of candidates includes as many names as there are to be filled, incumbents and alternates without mentioning each of the candidates as a holder or alternate.
The lists must be filed by trade union organizations, meeting the conditions set out in the third and fourth paragraphs of Article 14 of Act No. 84-16 of 11 January 1984, amending the statutory provisions relating to the public service of the State, at least six weeks before the date fixed for the elections and shall bear the name of an agent, a list delegate, authorized to represent them in all electoral operations.
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.
When the administration finds that the list does not meet the eligibility requirements mentioned above, it shall give the list representative a reasoned decision stating that the list is inadmissible. This decision shall be delivered no later than the day after the deadline for submission of the nomination lists.
No list may be filed or amended after the deadline for the previous article.
However, if, within three free days of the deadline for filing the lists, one or more candidates on a list are recognized as ineligible, the administration shall promptly inform the list delegate. It may then, within three days of the expiry of the above-mentioned three-day period, make any necessary corrections.
If no correction is made, if one or more candidates on a list are recognized as ineligible, the list concerned is considered to have not submitted any candidates.
Where the admissibility of one of the lists is not recognized by the administration, the three-day time limit, as provided for in the second paragraph above, shall be limited to the list only after the notice of the judgment of the administrative tribunal is brought before it a challenge to the decision of the administration pursuant to the provisions of the sixth paragraph of Article 14 of the Act of 11 January 1984 referred to above.
If the reasoning of ineligibility occurred after the deadline for filing the lists, the failed candidate may also be replaced, without changing the date of the elections.
Where, on the deadline for filing the lists, no list has been filed, the procedure provided for in Article 22 of this Order shall be used.
No withdrawal of nominations may be effected after the nomination of applications.
The ballots and envelopes are prepared, at the expense of the administration, based on a model provided by the administration.
On the ballot, mention is made of the possible membership of the trade union organization, on the date of the filing of the lists, of a union of national character.
Voting ballots and envelopes are transmitted by the administration to officers on the list of electors at least eight frank days before the date of the election.
A central polling station is formed for the election. It proceeds to count the ballot. Following the defilement and without delay, he proclaims the results.
The central polling station includes a president and secretary appointed by the Minister of the Interior, as well as a delegate from each list in attendance.
Electoral operations are conducted publicly in the workplace and during hours of service.
The vote is held by secret ballot and under envelope.
Electors can only vote for an entire list without delisting or adding names and without changing the order of presentation of candidates. Any bulletin established in ignorance of any of these conditions shall be void.
The vote may be taken by correspondence under the conditions established by the above-mentioned decision of 8 January 1996.
Envelopes sent to the administrative expenses by the electors must arrive at the polling station before the polling day.
The central polling station notes the total number of voters 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.
The seats of the staff representatives in the commission are as follows:
(a) 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 incumbents 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 have collected the same number of votes, the seat is assigned to one of them by drawing lots.
(b) In the case that no list has submitted candidates for a commission under consideration, the representatives of that commission are designated by lot-drawn among the electors.
If the officers so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to officials of the administration.
The incumbent representatives are designated according to the order of presentation of the list.
Each list shall be assigned a number of seats of alternate representatives to be double the number of seats of the incumbent representatives elected under this list.
A record of electoral operations shall be prepared by the polling station and immediately transmitted to the delegates of each list in attendance.
A new ballot shall be taken when no list has been filed by the representative trade union organizations or when the number of voters, recorded by the central polling station on the basis of the elections, is less than half the number of registered electors.
If the number of voters is less than half the number of registered electors, the count of the first ballot is not proceeded.
This new ballot shall be held within a period of not less than six weeks or more than ten weeks from either the deadline for filing under Article 13 where no representative trade union organization has submitted a list, or the date of the first ballot when participation in that election has been below the rate set above.
For this second ballot, any trade union organization may file a list.
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 appropriate, to the administrative jurisdiction.
The parity advisory commission established by this Order is obligatoryly consulted on individual decisions relating to terminations occurring after the expiry of the trial period and disciplinary sanctions other than warning and blame.
The Commission may be consulted, upon request of the concerned, on any individual matters relating to the professional situation of non-registrant agents, including:
- refusal of leave for union training;
- refusal of leave for vocational training;
refusal of leave without pay for family or personal reasons;
― refusal to authorize a part-time service and individual litigation relating to part-time conditions. The Joint Advisory Committee is informed of the conditions of re-employment after leave;
― evaluation disputes.
The Commission shall develop its own rules of procedure.
The secretariat of the commission is provided by a representative of the administration, who cannot 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. It is signed by the president and signed by the secretary and deputy secretary. It is subject to the approval of members at a subsequent session.
The Joint Advisory Committee shall meet at least once a year, at the invitation of its Chairperson, at its initiative or, within a maximum of two months, upon written request of at least half of the staff representatives.
Alternate persons may attend the meetings of the Committee 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 to be heard on a agenda item.
Experts can only attend the portion of the debate, excluding the vote, on the issues for which their presence was requested.
The Joint Advisory Committee shall be seized by its Chairperson or upon written request signed by at least half of the staff representatives of any matters within its competence. It issues its views 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 or the proposal made.
Where the competent authority makes a decision contrary to the notice or proposal issued by the Commission, the authority shall inform the Commission of the reasons that led to the decision not to follow the notice or proposal.
The parity advisory board meetings are not public.
When the Commission refers to the situation of a staff representative serving as a holder, it shall be appealed to the alternate representative or, if not, to another alternate representative from the same list.
All facilities must be provided to members of the parity advisory board by the administration to enable them to fulfill their responsibilities.
In addition, communication must be given to them of all the documents and documents necessary for the performance of their mission, at least eight days before the date of the session.
A leave of absence is granted to staff representatives, incumbents and alternates, and to experts to allow them to participate in the meetings of the commission on a simple presentation of their convocation. The duration of this authorization shall be calculated taking into account the time limits, the expected duration of the meeting and increased by a time equal to that time in order to ensure the preparation and reporting of the work of the commission.
Members of the commission and experts are subject to the obligation of professional discretion with respect to all facts and documents that they have been aware of in this capacity.
The Commission shall deliberate only on the condition that it observe the rules of procedure and procedure established by this Order and by its rules of procedure provided for in Article 25 of this Order.
In addition, at least three quarters of its members must be present at the opening of the meeting.
When this quorum is not reached, a new summons is sent within eight days to the members of the commission, who then sits validly if half of its members are present.
Members, holders and alternates, of the commission shall not receive any compensation as a result of their duties in the commission. The incumbent members are, however, compensated for their travel and residence expenses under the conditions set out in the above-mentioned Decree of 3 July 2006.
When the commission is called upon to decide on a disciplinary sanction or termination, it ensures that the officer concerned was able to take note of his file before the meeting, that he was informed of the possibility to be heard by the commission, to be assisted or represented by a defender of his choice and to request the hearing of witnesses.
Even if the interested party did not use any possibilities offered to him or if he did not refer to the summons that was sent to him to appear before the commission, the commission shall sit validly.
The decision of 6 April 1989 establishing a parity advisory board (non-registrants of the Secretariats General for Regional Affairs) and the decision of 12 July 2002 establishing a competent parity advisory board with respect to certain non-public law officers of the prefectures and decentralized services of the Ministry of Interior, Internal Security and Local Freedoms are repealed.
This Order comes into force on 1 May 2010.
The Secretary General of the Ministry of Interior, Overseas and Territorial Communities is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, December 1, 2009.
For the Minister and by delegation:
The Secretary General,
H.-M. Comet
