Key Benefits:
The Minister of Ecology, Sustainable Development, Transport and Housing and the Minister of Agriculture, Food, Fisheries, Rurality and Land Management,
Vu la Act No. 83-634 of 13 July 1983 amended with the rights and obligations of public servants, including Article 9 bis, 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. 2008-370 of 18 April 2008 organizing the conditions for the exercise of functions, in a position of activity, in the state administrations;
Vu le Decree No. 2011-1371 of 27 October 2011 relating to the National Institute of Geographical and Forest Information (IGN), including Article 7,
Stop:
This Order sets out the modalities for the organization of the elections of the incumbent and alternate representatives of the staff to the board of directors of the National Geographical and Forest Information Institute referred to in thearticle 7 of the decree of 27 October 2011 referred to above.
All officers performing their duties within the scope of the Institute who meet the following conditions:
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 secondment or by assignment under the conditions of decree of 18 April 2008 referred to aboveor made available;
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, benefit from an indefinite contract or, for at least two months, from a minimum contract of six months or from a contract renewed successively for at least six months. In addition, they must perform their duties or be on paid leave or on parental leave;
4° When they are workers, be in effective service or on parental leave or receive any form of paid leave or be received by way of availability. Among this category of agents, those performing the job-testing internship are not electors.
The quality of electors is appreciated on polling day. The list of electors is stopped by the director general of the institute. It is posted at least one month before the voting date.
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 voters list.
The Director General of the National Institute for Geographical and Forest Information shall promptly decide on these 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.
Eligible officers eligible to be registered on the list of electors.
However, cannot be elected:
1° Long-term, long-term or severe sick leave;
2° Agents who have been struck by a temporary demotion or exclusion of functions from three months to two years, unless they have been amnestied or have been granted a decision accepting their application that no evidence of the sanction imposed remains on their file;
3° Agents with one of the incapacities set out in Articles L. 5 and L. 6 of the Electoral Code.
I. - Candidates are presented by trade union organizations which, in the public service of the State, meet the conditions set out in theArticle 9 bis of the Act of 13 July 1983 referred to above.
Nominations may be common to several trade union organizations.
Each nomination must include the name of a delegate who, in the event of a list vote, may or may not be a candidate, designated by the trade union organization to represent the nomination in all electoral operations. The union organization may designate an alternate delegate.
Nominations must be filed at least six weeks before the date of the vote. The nomination of applications is subject to a receipt to the list delegate or to his or her alternate.
When the administration finds that the application does not meet the conditions set out in section 9 bis of the above-mentioned Act, it shall inform the list representative by reason of the decision to accept the application.
II. - Each trade union organization can only present a list of candidates for one election. No one can be a candidate on several lists of the same ballot.
Each list includes a number of names equal to at least two thirds and not more than the number of seats of incumbent representatives and alternate representatives to be filled, without mentioning each of the candidates as a holder or alternate. In addition, it must include an even number of names at the time of its filing.
The filing of each list must be accompanied by a declaration of application signed by each candidate.
I. - No application may be filed or amended after the date provided for in the fourth paragraph of Article 5. Similarly, no withdrawal of nominations may be made after the nomination of applications.
II. - However, if one or more candidates on a list are recognized ineligible within three days of the deadline for filing the lists, the Administration shall promptly inform the list delegate. The latter shall then transmit the necessary corrections to the administration within three days of the expiry of the three-day period referred to above. If no correction is made, the list shall be deleted from the list. Such a list may only participate in the elections if it nevertheless meets the requirement to include at least two thirds of the seats of incumbent and alternate representatives to be filled.
If the reasoning of ineligibility occurred after the deadline for filing the lists, the ineligible candidate may be replaced without changing the date of the elections.
Nominations established under the conditions set out in this Order shall be posted as soon as possible in each voting section.
When several trade union organizations affiliated to the same union of trade unions have filed competing applications for the same election, the administration shall, within three days of the deadline for submission of applications, inform the delegates of each of the applications concerned. They then have a three-day deadline to transmit the necessary changes or withdrawals of applications.
If, after the expiry of the latter period, these amendments or withdrawals of applications have not taken place, the administration shall inform within three days the union of the trade unions whose candidatures are required. It then has a period of five days to indicate to the administration, by registered letter with a request for a notice of receipt, the application that may avail itself of membership of the union.
In the absence of this indication, trade union organizations that have submitted the applications in question cannot benefit from the 2° of Article 9 bis of the Act of 13 July 1983 referred to above and may not mention on the ballot of the membership of the trade union organization, on the date of the nomination of candidates, a union of national character.
The Director General of the Institute is responsible for the organization of the elections, and by a decision made to the officers, determines the date of the election, including the deadline for receiving the ballots.
A central polling station is established which includes a president and secretary appointed by the Director General of the Institute and a delegate of each nomination in attendance. It proceeds to count the ballot.
Voting sections, in which voters are distributed, can be created by the Director General of the Institute. They include a chair and secretary appointed by the head of service to whom they are placed and, where appropriate, a delegate of each application in attendance.
In this case, the votes cast in the voting sections are transmitted along with a census report, under covert fold, by the head of service to which each section is placed in the central polling station.
The counting of the ballot shall be carried out within a period not exceeding, except in particular circumstances, three days from the date of the ballot. At the end of the count and without delay, the central polling station proceeds to the proclamation of the results.
Agents can only vote by correspondence.
The vote shall be held by secret ballot under the following conditions:
Voting ballots and envelopes as well as professions of faith are sent to electors at least fifteen frank days before the date fixed for the elections. Only envelopes and ballots provided by the administration may be used for the election;
The elector inserts his ballot in a first envelope (named envelope 1) that he hides. This envelope shall not be marked or marked separately. The elector places envelope No. 1 in a second envelope (named envelope No. 2) that he hides and on which he applies his signature and clearly bears his name, first names, assignment and mention: " Elections to the board of directors of the IGN".
It then places this envelope no. 2 in a third envelope (called "Envelope No. 3"), which it hides and sends to the central polling station or, where applicable, to the polling section of which it depends. The breakdown of this envelope is supported by the administration. The cached fold must arrive no later than the day of the poll and before its closing.
Receiving and enumerating correspondence votes is carried out under the following conditions:
1. The central polling station or, where appropriate, the voting section to which the voting members are attached shall proceed at the end of the poll to determine the votes collected by that vote.
The envelopes n° 3 and the envelopes n° 2 are open.
As envelope 2 opens, the list of electors is started and envelope 1 is filed, without being opened, in the urn.
2. Are apart, without being open:
— envelopes No. 3 reached after the closing hour of the ballot;
― 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 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 emanate is not on the list of electors. Apart from, without being open, the envelopes from electors who took part directly in the vote.
3. Correspondence votes reached at the polling station after the census scheduled for 1 of this article are referred to the persons concerned with the date and time of their receipt.
During the counting of the ballot, are not recorded in the valid votes cast and are considered null:
white ballots;
- ballots not in conformity with those made available to electors;
- the torn ballots;
- ballots with a mention, overloads, rats or signs of recognition;
• Multiple ballots found in the same envelope #1 and concerning different lists of candidates;
- direct votes.
It is considered validly expressed and counts for a single vote, the multiple ballots found in the same envelope number 1 and the same list of candidates.
I. - The central polling station notes the total number of votes and determines the total number of valid votes cast and the number of votes obtained by each candidate in attendance.
It also determines the electoral quota by dividing the number of valid votes cast by the number of staff representatives to be elected to the board of directors.
Each trade union organization is entitled to as many seats as representatives holding staff 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 of a list not having a number of names equal to the number of seats of incumbent representatives and alternate representatives to be filled, at the time of application or at the end of the procedure provided for in Article 6 II, the trade union organization may not claim to obtain more seats of incumbent representatives and alternate staff representatives than those for whom it has proposed candidates. The remaining seats are not allocated.
II. - When for the assignment of a seat, lists obtain 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 presented the largest number of candidates. If several of these lists have obtained the same number of votes and have presented the same number of candidates, the seat shall be assigned by drawing lots.
The incumbent representatives are designated according to the order of presentation of the list.
It is then assigned to each list a number of alternates designated according to the order of presentation of the list.
The Central Voting Office shall prepare the minutes of the electoral transactions, on which the number of electors, the number of voters, the number of valid votes cast, the number of votes cast and the number of votes obtained by each candidate in attendance are recorded. The separate envelopes are annexed to this report without being open and blank or void ballots.
Disputes on the validity of electoral operations are brought within five days of the proclamation of the results to the Director of the Institute and, where appropriate, to the administrative jurisdiction.
When a list candidacy was established by trade union organizations, the distribution of votes cast is made on the basis indicated and made public by the trade union organizations concerned at the time of their nomination. In the absence of an indication, the distribution of votes is equal among the organizations concerned. This distribution is referred to on nominations in the voting sections.
When no nominations were submitted by trade union organizations, a random draw was taken from the list of electors.
The terms and conditions for the replacement of a staff member or alternate representative in the event of a vacancy are as follows:
―the incumbent representative is replaced by one of the alternates from the same list as the licensee. The replacement is designated by the trade union organization having presented this list;
the alternate representative shall be replaced by one of the non-elected candidates from the same list as the alternate. The alternate shall be designated in the same manner.
When the trade union organization that has submitted a list is unable to fill all the seats of holders or substitutes to which it is entitled, it shall designate its representative, for the remainder of the term to be held, among eligible officers at the time of designation.
The term of office of a staff representative shall be terminated when the representative resigns from his or her mandate or no longer meets the requirements for election or election.
The decision of November 16, 2009 on the organization of the election of staff representatives to the board of directors of the National Forest Inventory is repealed.
The Director General of the National Institute for Geographical and Forest Information is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 19 January 2012.
The Minister of Ecology,
Sustainable Development,
Transport and housing,
For the Minister and by delegation:
Director of Research
and innovation,
R. Brehier
Minister of Agriculture, Food,
Fisheries, Rural
and landscaping,
For the Minister and by delegation:
Director General
Agricultural, Agri-Food Policy
Territories,
E. Allain
