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Decree No. 2010-263, 11 March 2010 Concerning The Procedures For Selection And Appointment To Jobs In Management Of The Institutions Mentioned In The 2 ° To 6 ° Of Article 2 Of Act No. 86-33 From 9 January 1986 Laying Down Statutory Provisions...

Original Language Title: Décret n° 2010-263 du 11 mars 2010 relatif aux procédures de sélection et de nomination aux emplois de direction des établissements mentionnés aux 2° à 6° de l'article 2 de la loi n° 86-33 du 9 janvier 1986 portant dispositions statutaires ...

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Summary

Application of section 11 of Act 2009-879.

Keywords

ASSESSMENT, ASSESSMENT , ASSESSMENT , ASSESSMENT , ASSESSMENT ,


JORF no.0063 of 16 March 2010
text No. 28



Decree No. 2010-263 of 11 March 2010 on procedures for selection and appointment to management positions of the establishments referred to in 2° to 6° of Article 2 of Act No. 86-33 of 9 January 1986 on statutory provisions relating to the public hospital service and on the list referred to in Article 1 of Decree No. 2007-1930 of 26 December 2007 on the special status of the body of directors of public hospitals

NOR: SASH0928480D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/3/11/SASH0928480D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2010/3/11/2010-263/jo/texte


The Prime Minister,
On the report of the Minister of Health and Sports,
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 86-33 of 9 January 1986 amended with statutory provisions for the hospital public service;
Vu le Decree No. 2007-1930 of 26 December 2007 amended with the specific status of the body of directors of health, social and medico-social institutions of the public hospital service;
In light of Decree No. 2010-265 of 11 March 2010 on the terms and conditions of selection and employment of persons appointed pursuant to theArticle 3 of Act No. 86-33 of 9 January 1986 making statutory provisions for the hospital public service;
Considering the referrals of the Higher Council of the Hospital Public Service of 19 November and 9 December 2009;
The State Council (Section of Administration) heard,
Decrete:

  • CHAPTER IER: PROVISIONS RELATING TO THE SELECTION COMMITTEE AND SELECTION PROCEDURES Article 1 Learn more about this article...


    A selection committee, placed with the Director General of the National Management Centre, is responsible for reviewing applications to management positions of the institutions mentioned in the 2nd to 6th of section 2 of the above-mentioned Act of 9 January 1986, as well as establishments listed in the list referred to in thearticle 1 of the decree of 26 December 2007 referred to above.
    Can apply to management personnel governed by the provisions of the Decree of 26 December 2007 and persons who do not have the status of public servants referred to in the first paragraph of section 3 of the above-mentioned Act of 9 January 1986.
    This committee shall review the applications submitted to it by the Director General of the National Management Centre.
    It also appreciates the characteristics of the detachment, availability and availability periods mentioned in thearticle 24 of the decree of 26 December 2007 referred to above to the mobility criteria for access to the grade of advancement.

    Article 2 Learn more about this article...


    The selection committee provided for in section 1 shall consist of incumbent members and alternate members.
    The alternate member shall sit in the event of the incapacity of the holder representative of whom he is the alternate.
    The appropriate selection committee for the examination of open job applications to management staff governed by the provisions of the Decree of 26 December 2007 and candidates under the provisions of Decree No. 2010-265 of 11 March 2010 referred to above shall include:
    1° The Director of Hospitalization and Care Organization;
    2° Two representatives of the General Directorate of Social Action;
    3° The Director General of the National Management Centre;
    4° A representative of the National Management Centre;
    5° A representative of the body of directors of health, social and medico-social establishments designated on the proposal of the Hospital Federation of France;
    6° Four representatives of the management staff of the body concerned appointed on the proposal of the trade union organizations represented at the national parity administrative commission of the body concerned;
    A qualified recruitment personality, designated by the Minister of Health, may submit a supplementary report on candidates. She attends, with an advisory voice, the selection committee.
    The distribution of the four seats for the aforementioned trade union organizations is as follows:
    a seat shall be assigned to each trade union organization having at least one seat on the National Joint Administrative Committee;
    – an additional seat is allocated to the union organization having obtained the largest number of votes in the election related to the above-mentioned parity administrative commission.
    The director of hospitalization and organization of care chairs the committee and has a leading voice in the event of equal sharing of votes.
    In the event of absence or incapacity of the President, the Chair shall be chaired by the Director General of the National Management Centre.
    The Director General of the National Management Centre ensures the organization and secretariat of the committee and determines the nominative list of its members.
    The selection committee shall develop its rules of procedure.

    Article 3 Learn more about this article...


    For all the jobs referred to in the first paragraph of Article 1 and which were declared vacant, the Director General of the National Management Centre shall verify the admissibility of applications received and may, if necessary, deviate those which, in a manifest way, do not correspond to the profile of the posts to be filled, in particular with regard to the training and professional experience gained.
    The selection committee shall review the nominations submitted by the Director General of the National Management Centre, in the context of the career path, training, experience, skills and evaluations of candidates.
    For each vacant job, the selection committee proposes a list of up to six candidates to the Director General of the National Management Centre. The latter shall determine the final list of candidates and shall transmit it either to the Director General of the Regional Health Agency territorially competent for the establishments mentioned in the 2nd and 3rd of Article 2 of the Law of 9 January 1986 and to those listed in the list referred to in thearticle 1 of the decree of 26 December 2007 referred to aboveeither to the prefect of the department for social and social institutions mentioned in the 4th, 5th and 6th of Article 2 of the same law.

  • CHAPTER II: NOMINATION Article 4 Learn more about this article...


    Upon receipt of the list agreed by the Director General of the National Management Centre, the Director General of the Regional Health Agency or, for social and psychosocial establishments, the prefect of department shall examine the applications, audition the candidates and receive the advice of the President of the Board of Directors or the Supervisory Board of the institution or, for services that do not have the legal personality, of the deliberative body of the public institution.
    The director of the regional health agency or the department prefect for social and medico-social establishments shall draw up a list of candidates with at least three names and transmit it to the Director General of the National Management Centre.
    The Director General of the National Management Centre shall appoint a director selected on the list transmitted by the Director General of the Regional Health Agency or by the prefect of department after receiving the advice of the National Joint Administrative Committee.
    However, by derogation from the second and third paragraphs, where the Director General of the Regional Health Agency or the Department Prefect wishes to fill a vacancy by a person who does not have the status of an employee on the list transmitted by the Director General of the National Management Centre, he or she undertakes the contracting of the position. He shall inform the Director General of the National Management Centre, to which he shall send a copy of the signed contract.
    The Director General of the National Management Centre shall inform the National Joint Administrative Committee of the appointments of persons who do not have the status of an employee.

    Article 5 Learn more about this article...


    The Minister of Budget, Public Accounts, Public Service and State Reform and the Minister of Health and Sports are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done in Paris, March 11, 2010.


François Fillon


By the Prime Minister:


Minister of Health and Sports,

Roselyne Bachelot-Narquin

Minister of Budget, Public Accounts,

Civil Service

and state reform,

Eric Woerth


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