Key Benefits:
The Guard of Seals, Minister of Justice and Freedoms,
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 parity administrative commissions;
Vu le Decree No. 86-83 of 17 January 1986 amended on general provisions applicable to non-State agents;
Vu le Decree No. 95-979 of 25 August 1995 modified for the recruitment of disabled workers in the public service taken for the application of theArticle 27 of Act No. 84-16 of 11 January 1984 referred to above ;
In view of the Order of 7 July 2011 establishing Joint Administrative Committees with the Director of Prison Administration,
Stop it!
It is established with the director of the prison administration a competent parity advisory board with respect to non-registrants recruited on the basis of articles 3 (2°, 3° and 6°), 4, 6, 22 bis and 27 of the law of 11 January 1984 referred to above, according to the ten-centered services of the prison administration, in the service of prison employment as well as in the National School of Prison Administration.
The Commission shall include, in equal number, representatives of the administration and staff representatives. It has incumbent members and alternate members.
The number of staff representatives is defined as follows:
1° When the number of non-registrants is less than twenty, the number of staff representatives is a incumbent member and an alternate member;
2° When the number of non-registrants is greater than or equal to twenty-one thousand, the number of staff representatives is two incumbent members and two alternate members;
3° When the number of non-registrants is greater than or equal to one thousand and less than five thousand, the number of staff representatives is three incumbent members and three alternate members;
4° When the number of non-registrants is greater than or equal to five thousand, the number of staff representatives is four incumbent members and four alternate members.
Members of the parity advisory board shall be appointed for a period of four years. Their mandate can be renewed. However, if the commission was to be renewed during the electoral cycle, the staff representatives shall be elected, under the conditions established by this order, for the remainder of the term to be carried out before the general renewal.
The duration of this mandate may be exceptionally reduced or extended, in the interest of the service, for all members of the commission, by order of the security guard, Minister of Justice and Freedoms. These reductions or extensions may not exceed one year.
During the renewal of the parity advisory board, the new members shall be based on the date on which the term of office of the members to whom they succeed is terminated.
Representatives of the incumbent and alternate member administration of the parity advisory board, coming, during the above four-year period, as a result of the resignation of the administration or their term as a member of the said commission, of long-term leave under section 34 of the above-mentioned Act of 11 January 1984, of lay-off or for any other cause, to cease the functions under which they were appointed shall be replaced. The term of office of their successors expires in this case during the renewal of the commission.
Representatives of the incumbent and alternate members of the parity advisory board, coming within the four-year period, as a result of termination of the contract, resignation of their contract or term as a member of the commission, leave without pay or serious sick leave of more than six months, to cease the functions for which they were appointed are replaced under the conditions provided for in Article 6 below. The term of office of their successors expires in this case during the renewal of the commission.
The replacement of staff representatives who are unable to perform their duties on any of the grounds listed in section 5 above shall be as follows:
(a) If it is a incumbent representative, the first alternate is appointed as the incumbent representative and is replaced by the first unelected candidate remaining on the same list;
(b) If it is an alternate representative, it is replaced by the first unelected candidate remaining on the same list.
Where a list is unable to provide, under the conditions provided for in the two preceding paragraphs, for the seats of a member or an alternate member to whom it is entitled, the seats left vacant shall be allocated in accordance with the procedure provided for in Article 18 below where the duration of the remaining term of office is less than or equal to the third of the period provided for in Article 3 of this Order. Where the remaining term of office is greater than one-third of the duration provided for in Article 3 of this Order, the renewal of the members of the Commission for the remainder of the term of office shall be carried out under the conditions set out in Articles 8 to 22 below.
Representatives of the administration, holders or alternates, shall be appointed by order of the Seal Guard, Minister of Justice and Freedoms, within fifteen days of the proclamation of the results of the elections under sections 8 to 22 of this Order.
They are selected from staff performing category functions A to the Ministry of Justice and Freedoms or a non-public law officer performing functions of a level equivalent to those performed by officials authorized to serve, but they may not serve as chair of the commission.
Except in the case of an early renewal of the commission, the elections to the parity advisory committee established by this Order shall take place on the date of the elections for the general renewal of the parity administrative commissions established by joint order of the Prime Minister and the Minister for the Public Service, pursuant to thearticle 11 of the decree of 28 May 1982 referred to above. The term of the commission shall be reduced or extended accordingly.
In the event of a by-election, the date of the election shall be determined by order of the Seal Guard, Minister of Justice and Freedoms.
The officers referred to in section 1 of this Order who meet the following cumulative conditions shall be electors under the parity advisory board:
1° Rationale for an indeterminate contract or, for at least two months, for a minimum contract of six months or a contract that has been renewed successively for at least six months;
2° On the date of the election, perform their duties or be on paid leave or on parental leave.
It is specified that, for renewed fixed-term contracts, 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.
For the performance of electoral operations, electors can be divided into voting sections created by the Director of the Prison Administration.
The list of electors called to vote in a polling section is stopped by the head of service to which this section is placed. The quality of electors is appreciated on polling day.
The list is displayed in the voting section at least one month before the date of the vote.
Within eight days of the publication, electors can verify registrations and, where applicable, submit applications for registration. In the same period, and for three days after its expiry, claims may be made against registrations or omissions on the list of electors.
The director of the penitentiary administration shall promptly decide on the claims.
No change is then allowed unless a subsequent event and taking effect no later than the day before the election results, for an officer, the acquisition or loss of the elector's quality.
In this case, the registration or delisting is pronounced no later than the day before the election, either at the initiative of the administration or at the request of the interested party, and immediately notified to the staff by posting.
Members eligible to be registered on the list of electors of that commission shall be eligible under the parity advisory board.
However, may not be elected or agents on severe sick leave under theArticle 13 of Decree No. 86-83 of 17 January 1986, those placed for any cause in leave without pay, or those affected by one of the incapacities imposed by the Articles L. 5 to L. 7 of the Electoral Code, neither those with disciplinary action, nor those who have been struck by a temporary exclusion of duties under theArticle 43-2 of Decree No. 86-83 of 17 January 1986unless they have been amnestied or have been granted a decision accepting their application that no evidence of the sanction imposed remains on their file.
Each list includes as many names as there are filling positions, incumbents and alternates, without mentioning, for each candidate, the quality of the holder or alternate. The same candidate cannot be submitted by several lists.
Lists must be filed at least six weeks before the date fixed for the elections, by trade union organizations that meet the conditions set out inArticle 9 bis of Act No. 83-634 of 13 July 1983 the rights and obligations of civil servants. Lists may be common to several trade union organizations. Each list must include the name of a list delegate, candidate or not, designated by the trade union organization to represent the list in all electoral operations. The organization may designate an alternate delegate.
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 conditions set by theArticle 9 bis of the Act of 13 July 1983 referred to above, it gives the list delegate a reasoned decision declaring the list's irrelevability. This decision shall be delivered no later than the day after the deadline for submission of the lists of applications.
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 set out in the second paragraph above shall be limited to the list only after the notice of the judgment of the administrative tribunal when it is seized of a challenge to the decision of the administration, pursuant to provisions of the sixth paragraph of Article 14 of Act No. 84-16 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 19 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 model provided by the administration.
Voting bulletins and envelopes are transmitted by the administration to non-registrants on the list of electors.
A central polling station is formed for the election. It proceeds to count the ballot and proclaims the results. It includes a president and secretary appointed by the director of the prison administration and a delegate from each list in attendance.
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 take place by correspondence, under the conditions that will be fixed by order of the Seal Guard, Minister of Justice and Freedoms.
The envelopes sent, at the administration's expense, by the electors must arrive at the polling station before the polling day is closed.
It can be used in electronic voting by means defined by decree in the Council of State.
The central polling station notes the total number of votes and determines the total number of valid votes cast, as well as 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 staff representatives to the parity advisory board shall be allocated to the proportion as follows:
(a) Each list is entitled to as many seats as a incumbent representative as the number of votes collected by it contains the electoral quota. Any remaining incumbent seats are allocated according to the highest average rule. The designation of the incumbent representatives is made in the order of presentation of the list;
(b) 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. If the officers so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to officials of the administration.
Each list shall be assigned a number of seats of alternate representatives equal to that of the incumbent representatives elected under this list.
A record of electoral operations shall be drawn up by the central polling station and transmitted immediately to the director of the penitentiary administration and to the officers authorized to represent the lists of candidates under the conditions laid down in Article 12 of this Order.
Disputes on the validity of electoral operations shall be brought within five days of the proclamation of the results to the Director of the Prison Administration, unless the administrative jurisdiction is appealed.
The parity advisory commission established by this Order is obligatoryly consulted on individual decisions relating to terminations occurring at 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:
- terminations;
- 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.
The parity advisory board may also be seized by its chairman or upon written request signed by at least half of the staff representatives of any individual matters concerning non-registrant agents.
The parity advisory committee is chaired by the director of the prison administration or his representative.
The Joint Advisory Committee shall develop its rules of procedure.
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. This Minute is subject to the approval of the members of the Commission at the next sitting.
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.
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.
The incumbent members and, possibly, their substitutes who may not participate in the proceedings, as well as an equal number of representatives of the administration, shall be called to serve.
Alternates may attend meetings without participation in the proceedings. They only have a deliberate voice in the absence of the incumbents they replace.
When the Commission refers to the situation of a staff representative serving as a licensee, it shall be appealed to the first alternate representative or, if not, to another alternate representative from the same list.
In the event that the commission is required to examine the situation of all representatives, holders and alternates, of the commission or if no representative may validly sit, the drawing procedure shall be applied under the conditions laid down in article 18 to designate representatives from among the representatives of the administration.
At the request of the administration or at the request of staff representatives, the President shall summon experts 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.
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 24 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.
The incumbent and alternate members of the Commission shall not receive 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 setting out the conditions and procedures for the payment of costs caused by the temporary movement of State civilian personnel.
Implementation III of Article 18 of Decree No. 2011-183 of 15 February 2011 amending Decree No. 82-451 of 28 May 1982 for the general election in 2011, the deadline for posting in the third paragraph of Article 10 of this Order shall be reduced to three weeks.
The director of the prison administration is responsible for the execution of this order, which will be published in the Official Journal of the French Republic.
Done on 7 July 2011.
For the Minister and by delegation:
The Prefect,
Director of Prison Administration,
H. Mass
