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Decree Of 6 August 2010 Establishing A Joint Consultative Commission Of The Contractual Personnel Of The General Directorate Of Public Finance

Original Language Title: Arrêté du 6 août 2010 instituant une commission consultative paritaire des agents contractuels de la direction générale des finances publiques

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JORF no.0202 of 1 September 2010
text No. 56



Judgment of 6 August 2010 establishing a parity advisory board of contract officers of the General Directorate of Public Finance

NOR: BCRE1021859A ELI: https://www.legifrance.gouv.fr/eli/arrete/2010/8/6/BCRE1021859A/jo/texte


The Minister of Budget, Public Accounts and State Reform,
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. 2007-148 of 2 February 2007 the modernization of the public service;
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 for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
In view of the decision of September 22, 2000, setting out the terms and conditions for the election of staff representatives to the Joint Administrative Committees established at the Ministry of Economy, Finance and Industry;
Having regard to the amended decision of 19 June 2002, establishing parity advisory boards in the Ministry of Economy, Finance and Industry;
On the proposal of the Director General of Public Finance,
Stop it!

Article 1 Learn more about this article...


A competent parity advisory board shall be established with the Director General of Public Finance with respect to non-registrants of the decree of 17 January 1986 referred to above and non-registrants governed by specific texts referring to the provisions of Article 1-2 of the same Decree, with the exception of officers under the parity advisory board established by the above-mentioned Order of 19 June 2002.

Article 2 Learn more about this article...


The Commission shall include, in equal number, representatives of the administration and staff representatives. It has incumbent members and alternate members.

Article 3 Learn more about this article...


The composition of the commission established in Article 1 shall be as follows:


NATIONAL LEVELS
NUMBER OF REPRESENTATIVES
Staff
From the administration
Holders
Alternates
Holders
Alternates

Level A or assimilated contractual agent

1

1

1

1

Level B or assimilated contractual agent

1

1

1

1

Level C or assimilated contractual agent

2

2

2

2

Article 4 Learn more about this article...


The members of the commission shall be appointed for the same duration as the terms of office of the elect in CAP. Their mandate can be renewed.
The term of office may be reduced or extended, in the interest of service, by order of the Minister of Budget, Public Accounts and State Reform. This reduction or extension may not exceed one year.
Upon the renewal of the commission, the new members shall take office on the date on which the term of office of the members to whom they succeed is terminated.

Article 5 Learn more about this article...


The representatives of the administration, the incumbent or alternate members of the commission, who, during the period referred to in section 4, cease the functions for which they were appointed, shall be replaced under the conditions provided for in section 8 below. The mandate of their successors expires, in this case, during the renewal of the commission.

Article 6 Learn more about this article...


Staff representatives, incumbent or alternate members of the commission, who, in the course of their term, come to an end of contract, resignation, leave without pay, sick leave of more than six months or for any other cause, to cease the functions for which they were appointed, shall be replaced under the conditions provided for in Article 7. The term of office of the alternates ends at the same time as that of the other members of the Commission.

Article 7 Learn more about this article...


The replacement of staff representatives who are unable to perform their duties, for one of the reasons listed in section 6 above, shall be carried out by level of representation under the following conditions:
― if it is a incumbent representative, the first alternate of the list under which he was elected shall be appointed as a holder and replaced by the first unelected candidate of 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 two preceding paragraphs, to the seats of the holder and alternate representative to which it is entitled, a lot shall be drawn among the officers under the commission and meeting the conditions of eligibility set out in section 12.

Article 8 Learn more about this article...


Representatives of the administration, holders and alternates, shall be appointed by order of the Minister within fifteen days of the proclamation of the results of the elections under section 9 of this Order.
They are selected from staff or contractual officers of the General Directorate of Public Finance in a category A or assimilated body, including the staff member who is required to serve as Chair of the Board.

Article 9 Learn more about this article...


With the exception of the anticipated renewal of the commission, elections shall be held no later 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 these elections is set by the Minister of Budget, Public Accounts and State Reform.

Article 10 Learn more about this article...


The electors shall be the agents referred to in section 1 of this Order, in an activity position or on parental leave at the date of the election, who are employed in one of the services of the General Directorate of Public Finance whose contract duration is at least three months and who have graduated from their trial period.

Article 11 Learn more about this article...


The list of electors is stopped by the Chief Financial Officer and is posted at least 15 days before the date fixed for the election.
Within eight days of the publication, electors can verify 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 Chief Financial Officer shall promptly decide on these claims.

Article 12 Learn more about this article...


The officers referred to in section 1 of this Order shall be eligible in an activity position or on parental leave, the duration of the contract shall be at least three months and shall be released from their trial period. In addition, the duration of the remaining contract to be incurred on polling day must be at least two months.
However, they may not be elected either on sick leave or on long-term leave, or on those who are incapacitated by persons Articles L. 5 and L. 6 of the Electoral Code, not those with a temporary exclusion of duties pursuant to Article 43 of the Decree of 17 January 1986 or any of the other causes of exclusion provided for in second paragraph of Article 14 of the Decree of 28 May 1982 referred to above.

Article 13 Learn more about this article...


The list of candidates filed by a trade union organization includes, for a given level, as many names as there are to be filled, incumbents and alternates, in accordance with Article 3 of this Order.
A list may not present candidates for a given level.
The lists must be filed by the representative trade union organizations 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.
Are considered representative trade union organizations regularly affiliated with a union of trade unions meeting the conditions defined in theArticle 9 bis of the Act of 13 July 1983 referred to above and trade union organizations satisfactory, in the framework of the election, provisions of Article L. 133-2 of the Labour Code.
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 lists of applications.

Article 14 Learn more about this article...


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 in the relevant level(s).
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.
The lists established under the conditions laid down by this Order shall be posted as soon as possible.
No further withdrawal of nominations may be made after the nomination of applications.
Where, on the deadline for filing the lists, no list has been filed, the procedure provided for in Article 23 of this Order shall be used.

Article 15 Learn more about this article...


When several trade union organizations affiliated with the same union union have filed competing lists for the same election, the administration shall notify, within three frank days of the deadline for filing the lists, the delegates of each of the lists. They then have a period of three free days to make the necessary changes or withdrawals.
If, after the expiry of the last period, these changes or withdrawals of the list have not taken place, the administration shall, within three frank days, inform the union of trade unions whose lists claim. It then has a period of five frank days to indicate to the administration, by registered letter with a request for notice of receipt, the list which may avail itself of membership of the union for the purposes of this Order.
In the absence of this indication, trade union organizations that have filed the lists in question cannot benefit from the provisions of Article 14 of Law No. 84-16 of 11 January referred to above and may not avail itself of membership in a union for the purposes of the second paragraph of Article 16 of this Order.

Article 16 Learn more about this article...


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.

Article 17 Learn more about this article...


A central polling station is established for the election. It conducts the counting of the ballot and, without delay, the proclamation of the results.
It includes a president and secretary appointed by the Director General of Public Finance and a delegate from each list in attendance.

Article 18 Learn more about this article...


The vote takes place by secret ballot, under envelope and only by correspondence.
Electors can only vote for an entire list, without delisting or adding names and without changing the order of candidates. Any bulletin established in ignorance of any of these conditions shall be void.
The elector inserts his ballot in a first envelope (named envelope 1). This envelope shall not include any mention other than that fixed by the administration or any distinguishing sign.
The elector then places this envelope number 1 in a second envelope (named envelope 2) which he hides and on which he applies his signature and bears his name, first names and assignment service.
This envelope n° 2 is placed in a third envelope (this envelope n° 3) that is cached.
Pre-affranchie envelopes, shipped to the administration's fees by the electors, must be sent to the polling station before the voting close.

Article 19 Learn more about this article...


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 for the entire commission.
At the end of the poll, the central polling station conducts the census of votes.
As envelope 2 opens, the list of electors is demarcated, subject to the application of the following paragraphs.
Are apart without being open:
― envelopes No. 3 reached at the central polling station after the closing time of the poll;
― envelopes No. 2 on which the name and signature of the voter or on which the name is illegible;
– multiple envelopes reached under the signature of the same agent;
- envelopes 2 containing a ballot without envelope 1;
- envelopes No. 1 bearing a distinctive mention or sign;
― envelopes No. 1 reached in multiple numbers under the same envelope No. 2.
The name of the voters, whose envelopes are made apart without being open, is not set on the list of electors.
The envelopes No. 3 arrived at the central polling station after the closing time of the poll are returned to the voters with the indication of the date and time of their receipt.

Rule 20 Learn more about this article...


Staff representatives are elected to the secret ballot at proportional level. The designation of the incumbent members shall be carried out in the manner specified in this article.
(a) Total number of incumbent seats assigned to each list
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.
(b) Setting levels in which lists have incumbent representatives
The list being entitled to the largest number of seats selects the seats of incumbents that it wishes to be assigned, provided that it does not prevent by its choice another list from obtaining the number of seats to which it is entitled in the levels for which it had nominated candidates. However, it may not select from the outset more than one seat in each of the levels for which it has submitted candidates only in case no list has submitted candidates for the level(s) considered.
The other lists then exercise their choice successively in the descending order of the number of seats to which they can claim, under the same conditions and under the same reservations.
In case of equal number of seats obtained, the order of choice is determined by the respective number of votes obtained by the lists in attendance. In case of equal number of votes, the order of choice is determined by drawing of lots.
When the above procedure did not allow one or more lists to fill all the seats to which it could have claimed, these seats are assigned to the list which, for the levels whose representatives remain to be nominated, obtained the largest number of votes.
In the case that no list has submitted candidates for a level of representation, the representatives of that level are designated by way of random drawing among the officers of that level and fulfilling the eligibility requirements set out in Article 12. If the officers so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to officials of the administration.
(c) Designation of incumbent representatives at each level
The incumbent representatives are designated according to the order of presentation of the list.
(d) Special provisions
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 raised the same number of votes, the seat shall be assigned to the seat that has presented the largest number of candidates to be elected under the commission. If several of these lists have obtained the same number of votes and have presented the same number of candidates, the seat is assigned to one of them by drawing lots.

Article 21 Learn more about this article...


Each list and each level of representation shall be assigned a number of seats of alternate representatives equal to the number of incumbent representatives elected under this list for the representation of that level.
Alternate representatives are designated according to the order of presentation of the list after designation of the incumbent representatives.

Article 22 Learn more about this article...


A record of electoral operations shall be prepared by the polling station and immediately transmitted to the delegates of each list in attendance. The envelopes which, pursuant to section 19, have been set aside without being opened are annexed to this report.

Article 23 Learn more about this article...


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 of the number of registered electors, the counting of the first ballot is not done.
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, that is, the date of the first ballot, where participation in that election has been below the rate set above. For this second ballot, any trade union organization may file a list.
This election is organized under the same conditions as those determined for the first ballot.

Article 24 Learn more about this article...


Disputes on the validity of electoral transactions are brought within five days of the proclamation of the results to the Director General of Public Finance and, where appropriate, to the administrative jurisdiction.

Rule 25 Learn more about this article...


(a) The parity advisory board is obligatoryly consulted on:
- individual termination decisions acting after the trial period;
– disciplinary sanctions other than warning and blame;
- the recruitment process;
- the terms and conditions for renewal of contracts;
- conditions of re-employment after leave;
- substantial changes in the contract of employment;
– any individual matters relating to staff, on the referral of the chair or on written request signed by at least half of staff representatives.
(b) It is consulted, at the request of the officer concerned, on individual matters relating to:
― the refusal of leave for trade union training, for the training of youth leaders and facilitators, for professional training, for family reasons, for personal convenience, for the creation of business or mobility;
― the refusal of absence authorizations to follow an action to prepare for an administrative competition or a training action;
- the refusal of authorizations to perform part-time service and the disputes relating to part-time conditions;
― recourse on the elements of appreciation contained in the report of the evaluation interview.
It is also submitted annually to the commission a census of the contractors of the General Directorate of Public Finance.

Rule 26 Learn more about this article...


The commission is chaired by the Director General of Public Finance or its representative.
It develops a rules of procedure that must be submitted to the Minister of Budget, Public Accounts and State Reform.
The secretariat of the commission 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. It is signed by the president, countersigned by the secretary and deputy secretary, and transmitted within one month to the members of the commission.

Rule 27 Learn more about this article...


The Commission shall meet at least once 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.

Rule 28 Learn more about this article...


Alternates may attend meetings of the committee. They only have a deliberate voice in the absence of the incumbents they replace.
The chair of the commission may summon experts at the request of the administration or at the request of staff representatives to be heard on one or more items on the agenda.
Experts can only attend the portion of the debate, excluding the vote, on the issues for which their presence was requested.

Rule 29 Learn more about this article...


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. However, at the request of one of the incumbent members, 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 have led to it not following the notice or proposal.
Committee meetings are not public.

Rule 30 Learn more about this article...


All facilities must be given to the commission by the administration to enable it to fulfill its powers. In addition, the communication must be given to it of all documents and documents necessary to carry out its mission at least eight days before the date of the session.
A leave of absence is granted to staff representatives to allow them to attend 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 for the preparation of the meeting and an equal time for the record of 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.

Rule 31 Learn more about this article...


In the event of difficulties in the functioning of the commission, the president shall report to the Minister of Budget, Public Accounts and State Reform, who shall rule after the advice of the ministerial technical committee.

Rule 32 Learn more about this article...


The commission shall deliberate only on the condition that it observe the rules of constitution and operation as enacted by the law of 11 January 1984 referred to above and by this decree as well as by the rules of procedure of the commission.
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 convocation shall be sent within eight days to the members of the commission who then sits validly if half of its members are present.

Rule 33 Learn more about this article...


The commission can be dissolved by order of the Minister of Budget, Public Accounts and State Reform. It is then proceeded, within two months, to the establishment of a new commission.

Rule 34 Learn more about this article...


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 No. 2006-781 of 3 July 2006 amended.

Rule 35 Learn more about this article...


When the Board is meeting in disciplinary matters, it ensures that the officer concerned has been able to take note of his file before the meeting, that he was informed of the possibility of being 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.
When the Board is called upon to decide on disciplinary matters, only sit and delibrate staff representatives at least equal to that of the officer whose file is reviewed, as well as an equal number of representatives of the administration.

Rule 36 Learn more about this article...


The order of 10 August 2009 establishing a parity advisory board of contract officers of the General Directorate of Public Finance is repealed.

Rule 37 Learn more about this article...


The Director General of Public Finance is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, August 6, 2010.


For the Minister and by delegation:

Deputy Director of Management

and social relations,

D. Gontard


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