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. 82-313 of 5 April 1982 the Departmental Joint Technical Committees for Prefecture Services;
Vu le Decree No. 82-452 of 28 May 1982 modified on technical committees of parity;
Vu le Decree No. 2008-370 of 18 April 2008 organizing the conditions for the exercise of functions, in a position of activity, in the state administrations;
Having regard to the decision of 11 February 1983 on departmental technical committees for prefecture services;
On the proposal of the Secretary General of the Ministry of Interior, Overseas and Territorial Communities,
Stop it!
A staff consultation is organized in each department, with the exception of Paris, pursuant to second paragraph of Article 11 of the Decree of 28 May 1982 referred to abovein order to determine the trade union organizations to be represented in the Joint Technical Committee of the Prefecture.
The date of this consultation is Tuesday, 4 May 2010.
By derogation, the date of the consultation is set at Monday, May 3, 2010 in the departments of Guadeloupe, Martinique, Guyane and Saint-Pierre-et-Miquelon.
The polling stations are open from 8 a.m. to 4.30 p.m. (local time).
All officers performing their duties within the prefecture and sub-prefectures of the department concerned shall be electors.
These officers shall meet the following requirements:
1° When they have the status of a full-time employee, be in a position of activity or parental leave or be accommodated in a detachment, by provision or in a normal position of activity;
2° When they are an intern employee, be in an activity or parental leave position. Students and interns in school are not electors;
3° When they are contractual agents of public law or private law, they have benefited for at least two months from a minimum contract of six months. In addition, they must perform their duties or be on paid leave or on parental leave.
The quality of electors is appreciated on polling day.
The list of electors is stopped by the prefect. It is posted no later than fifteen days before the date of the poll in the premises of the prefecture and subprefectures. The list of electors admitted to voting by correspondence is annexed to the list of electors.
Within eight days of posting, 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 electoral list with the competent prefect.
The prefect statues without delay.
The trade union organizations referred to in the fifth and sixth paragraphs of Article 14 of the Act of 11 January 1984 referred to above may be admitted.
Nominations are filed with the relevant prefect no later than Monday, 22 March 2010, at 5 p.m.
The application must mention the name of a delegate, entitled to represent the trade union organization in all electoral operations. He is the subject of a receipt given to that delegate.
When the prefect finds that the trade union organization does not meet the conditions set out in the fifth or sixth paragraph of Article 14 of the Act of 11 January 1984 referred to above, he shall give his delegate a reasoned decision declaring the application inadmissible. This decision shall be delivered no later than the day after the deadline for submission of applications. It is contestable under the conditions set out in the eighth paragraph of Article 14 of the Act of 11 January 1984 referred to above.
Receivable applications are posted without delay in the premises of the prefecture and subprefectures.
In the absence of nominations by representative trade union organizations on Monday, 22 March 2010, the new deadline for applications is Monday, 19 April 2010, at 5 p.m., to the appropriate prefect. The vote is held on Tuesday, 2 June 2010.
If it is found, on Monday, May 3 and Tuesday, May 4, 2010, for a poll, that the number of voters is less than half the number of registered electors, a second ballot will be held on Tuesday, June 22, 2010 and, if necessary, on Monday, June 21, 2010 in the departments of Guadeloupe, Martinique, Guyana and Saint-Pierre-et-Miquelon. The nomination is scheduled for Monday, 10 May 2010, at 5 p.m., with the relevant prefect.
A polling station is established in each prefecture.
Voting sections may be established by order of the competent prefect.
The polling station and voting sections are composed of a president and secretary appointed by the competent prefect and, where applicable, a delegate from each trade union organization in attendance.
The vote takes place on a secret ballot, on an acronym and under an envelope. The ballots and envelopes are prepared by the administration according to a model.
Reference is made on the ballot for the possible membership of the trade union organization, on the date of the filing of the lists, to a union of a national character.
Staff members who do not perform their duties at the headquarters of a polling station or polling station are entitled to vote by correspondence, on sick leave, on long-term sick leave, on long-term leave or on parental leave, on those who are in a position of regular absence and on those who are prevented, due to the requirements of the service, from going to the polling division on polling day.
The vote may be taken by correspondence under the following conditions.
The voting material shall be transmitted to the concerned at least 15 days before the date of the voting. This period does not apply to officers prevented from voting as a result of service requirements.
The elector inserts his ballot in an envelope (this envelope n° 1). This envelope, of a model fixed by the administration, shall not bear any distinctive mention or sign. It inserts this envelope into an envelope (this envelope n° 2) on which its name, first name, assignment and signature must appear. This fold, obligatoryly hidden, is placed in a third envelope (in envelope No. 3) that it addresses by post to the polling station of which it depends.
Envelope No. 3 must arrive at the polling station before the closing time of the poll.
At the end of the poll, the polling station conducts the census of votes by correspondence. The envelopes n° 3 and the envelopes n° 2 are open. As envelopes 2 were opened, the list of electors was started and envelope 1 was filed in the ballot box containing the votes of the agents who voted directly.
Except without being opened and annexed to the minutes the envelopes No. 3 reached after the close of the ballot, the envelopes No. 2 on which do not appear the name and signature of the voter or on which the name is illegible, the multiple envelopes No. 2 reached under the signature of the same agent, the envelopes No. 1 bearing a distinguishing note or sign, the envelopes No. 1 reached in the same number
The name of the voters whose envelopes emanate is not on the list of electors.
Apart from, without being open, the envelopes from electors who took part directly in the vote. In such a case, the correspondence vote is not taken into account.
The polling station shall prepare a record of the census of correspondence votes.
The envelopes that have been set aside without being opened are annexed to this report.
The votes reached after the above census are returned to the interested parties with the date and time of receipt.
The polling station conducts the census of ballots and ballots in the ballot box. It shall proceed to the count as soon as the quorum provided for in the second paragraph of Article 6 of this Order is reached.
In the event of the counting of the ballot, the ballot shall be implemented, except in particular circumstances, within a period not exceeding one working day from the date of the election.
Minutes of polling and counting operations are prepared by the chairman of the polling station.
Based on the results of the consultation, the prefect determines by order the trade union organizations to be represented on the departmental technical committee and the number of seats to which they are entitled.
The number of seats is determined by proportion. Each trade union organization 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 to the highest average rule.
Without prejudice to the provisions set out in the eighth paragraph of Article 14 of the Act of 11 January 1984 referred to above, the disputes over the validity of the electoral operations shall be brought, within five days of the proclamation of the results, to the prefect concerned and, where applicable, to the administrative jurisdiction.
The Secretary-General and the prefects are responsible, each with respect to him, for the execution of this order, which will be published in the Official Journal of the French Republic.
Done in Paris, February 22, 2010.
For the Minister and by delegation:
The Secretary General,
H.-M. Comet
