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Decree No. 2013-830 16 September 2013 On The Particular Status Of The Body Of Documentation Of The Ministry Of Culture Secretaries

Original Language Title: Décret n° 2013-830 du 16 septembre 2013 portant statut particulier du corps des secrétaires de documentation du ministère de la culture

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Summary

Repeal of Decree 95-1143.

Keywords

STATEMENT , STATEMENT , STATEMENT , STATEMENT ,


JORF no.0217 of 18 September 2013
text No. 21



Decree No. 2013-830 of 16 September 2013 on the special status of the body of the documentation secretaries of the Ministry of Culture

NOR: MCCB1312584D ELI: https://www.legifrance.gouv.fr/eli/decret/2013/9/16/MCCB1312584D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2013/9/16/2013-830/jo/texte


Public officials involved: officials from the body of the Ministry of Culture's documentation secretaries.
Subject: integration of the body of the documentation secretaries of the Ministry of Culture into the new statutory space (NES) of category B.
Entry into force: the text comes into force on 1 October 2013.
Notice: the decree incorporates the body of the documentation secretaries of the Ministry of Culture in the new statutory space governed by the Decree No. 2009-1388 of 11 November 2009 bringing statutory provisions common to various bodies of civil servants in category B of the public service of the State.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Culture and Communications,
Vu le Heritage Code ;
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. 86-33 of 9 January 1986 amended with statutory provisions relating to the hospital public service, including article 2;
Vu le Decree No. 82-451 of 28 May 1982 amended on parity administrative commissions;
Vu le Decree No. 94-1016 of 18 November 1994 Amending the common statutory provisions applicable to various staff in category B;
Vu le Decree No. 2007-196 of 13 February 2007 amended on the qualification equivalencies required to compete in public service access competitions and employment frameworks;
Vu le Decree No. 2009-1388 of 11 November 2009 amended bringing statutory provisions common to various bodies of officials of category B of the public service of the State;
Having regard to the advice of the departmental technical committee of the Ministry of Culture and Communications dated 21 May 2013;
The State Council (Section of Administration) heard,
Decrete:

  • Chapter I: General provisions Article 1 Learn more about this article...


    The body of the documentation secretaries of the Ministry of Culture, classified as Category B under section 29 of the above-mentioned Act of January 11, 1984, is governed by the provisions of the decree of 11 November 2009 referred to above and this decree.

    Article 2 Learn more about this article...


    The body of the Ministry of Culture documentation secretaries has the following three grades:
    1° Secretary of Standard Class Documentation;
    2° Secretary of Senior Documentation;
    3° Secretary of exceptional class documentation.
    These grades are assimilated to the first, second and third grades mentioned by the decree of 11 November 2009 referred to above.

    Article 3 Learn more about this article...


    The Ministry of Culture documentation secretaries are recruited, appointed and managed by the Minister for Culture.

    Article 4 Learn more about this article...


    The Ministry of Culture's documentation secretaries carry out their duties in public services and institutions under the Minister for Culture and, under the conditions provided by the Minister for CultureArticle L. 212-9 of the Heritage Code, in departmental archival services.

    Article 5 Learn more about this article...


    I. ― The documentation secretaries carry out documentation missions and, as such, participate in the research, development, classification, management, operation and dissemination of all information materials relating to cultural property and activities.
    In the areas of archives, museums and heritage, they participate in the tasks of governing the work, processing of archives, inventory, census, for the protection, conservation, enrichment and development of the collections as well as the monumental and archaeological heritage.
    They contribute to the public's information on data relating to these assets and activities.
    In educational institutions dependent on the Minister responsible for culture, they contribute to the exercise of educational missions.
    II. ― Higher-class documentation secretaries and high-class documentation secretaries are designed to occupy jobs that, within the areas of activity mentioned in I, correspond to a level of expertise acquired by professional experience, initial training or professional training throughout life. They may also be invested with specific coordination responsibilities of one or more teams.

  • Chapter II: Recruitment Article 6 Learn more about this article...


    I. ― The Ministry of Culture ' s standard class documentation secretaries are recruited:
    1° Through external competitions on trials:
    This competition is open to candidates with a bachelor's degree or a degree or a degree classified at least level IV, or a qualification recognized as equivalent to one of these titles or diplomas under the conditions fixed by the decree of 13 February 2007 referred to above ;
    2° Internal competitions on trials:
    This competition is open to officials and agents of the State, territorial authorities and public institutions that depend on it, including those mentioned in theArticle 2 of the Act of 9 January 1986 referred to above, to the military as well as to the officers in office in an intergovernmental international organization on the closing date of registration with at least four years of public service as of January 1st of the year for which the competition is held.
    This competition is also open to candidates for four years of service to an administration, agency or institution referred to in the third paragraph of the 2nd paragraph of Article 19 of the Act of 11 January 1984 referred to above, under the conditions set out in that paragraph;
    3° By way of internal promotion, after registration on a suitability list established after notice of the parity administrative commission.
    Can be registered on the suitability list officials belonging to a class body C falls under the authority of the Minister for Culture or is assigned to a public service or institution by serving and justifying at least nine years of public service.
    II. ― provisions of articles 5 and 8 of the decree of 11 November 2009 referred to above are applicable to competitions mentioned in 1° and 2° of I of this article.

    Article 7 Learn more about this article...


    The number of places offered in the contest mentioned in 1° of I of Article 6 or in the contest mentioned in 2° of I of the same article cannot be less than 40% of the total number of places offered in these two contests.
    Places that have not been filled under one of the contests mentioned in 1° and 2° of I of Article 6 may be postponed to the other contest. This postponement can only result in the number of jobs offered at one of the competitions, which is more than three-quarters of the total number of places offered at the competitions.

    Article 8 Learn more about this article...


    The maximum number of appointments that may be made under 3° of Article 6 cannot exceed two fifths of the number of appointments made pursuant to 1° and 2° of Article 6 of this Decree, long-term detachments and direct integrations.

    Article 9 Learn more about this article...


    Candidates received in the contest referred to in 1° of I of Article 6 or in the contest referred to in 2° of I of the same article shall be appointed and held in accordance with the terms and conditions specified in I, III, IV and V of Article 11 of the decree of 11 November 2009 referred to above.

    Article 10 Learn more about this article...


    Personnel recruited under 3° of I of Article 6 shall be held in accordance with provisions of article 12 of the decree of 11 November 2009 referred to above.

  • Chapter III: Classification Article 11 Learn more about this article...


    The documentation secretaries of the Ministry of Culture, recruited under Article 6 of this Decree, are classified in accordance with the provisions of Articles 13 to 20 and 23 of the decree of November 11, 2009 referred to above.

  • Chapter V: Miscellaneous provisions Article 15 Learn more about this article...


    I. ― Civil civil servants belonging to a body or employment framework classified in category B or equivalent level may be detached, and, where appropriate, incorporated or directly incorporated into the body of the Ministry of Culture documentation secretaries in accordance with provisions of articles 28 to 30 of the decree of 11 November 2009 referred to above.
    Direct integration or integration after a detachment is pronounced by decree of the Minister responsible for culture.
    II. ― During their detachment, detached officials assist, for the advancement of grade and level, with officials of the documentation secretaries of the Ministry of Culture.
    III. ― Services performed in the body, employment framework or employment of origin are assimilated to services performed in the body of the documentation secretaries of the Ministry of Culture.

  • Chapter VI: Transitional and final provisions Article 16 Learn more about this article...


    I. ― On the date of entry into force of this decree, the secretaries of documentation, governed by the Decree No. 95-1143 of 25 October 1995 bearing particular status of the body of the cultural and architectural documentation secretaries, are integrated and reclassified into the body of the documentation secretaries of the Ministry of Culture governed by this decree, in accordance with the following correspondence table:


    GRADE D'ORIGINE
    INTEGRATION GRADE
    ANCIENNETÉ D'ÉCHELON CONSERVÉE
    within the duration of the

    Secretaries of documentation
    of exceptional class

    Secretaries of documentation
    of exceptional class


    7th step

    9th step

    Formerly acquired

    6th step

    8th step

    1/4 of acquired seniority, increased by two years

    Step 5:



    ― from a year

    8th step

    Older acquired beyond a year

    - before a year

    7th step

    Older acquired aged two years

    Step four:



    ― from a year

    7th step

    Older acquired beyond a year

    - before a year

    6th step

    Older acquired aged one year

    3rd step

    6th step

    2/5 of acquired seniority

    2nd step:



    ― from a year

    5th step

    4/3 of the old age acquired beyond a year

    - before a year

    4th step

    Twice acquired seniority

    1 step

    3rd step

    Formerly acquired

    Secretaries of documentation
    upper class

    Secretaries of documentation
    upper class


    8th step

    12th step

    Older acquired aged two years

    Step 7:



    ― from two years

    12th step

    Formerly acquired beyond two years

    - before two years

    11th step

    Older acquired aged two years

    Step 6:



    ― from a year six months

    11th step

    4/3 of the old age acquired beyond one year and six months

    before a year six months

    10th step

    4/3 of the old age acquired, increased by one year

    Step 5:



    ― from two years

    10th step

    Formerly acquired beyond two years

    - before two years

    9th step

    Older acquired aged one year

    Step four:



    ― from a year six months

    9th step

    Older acquired beyond a year and six months

    before a year six months

    8th step

    4/3 of the old age acquired, increased by one year

    Step three:



    ― from a year

    8th step

    Older acquired beyond a year

    - before a year

    7th step

    Twice the acquired seniority, increased by one year

    2nd step:



    ― from a year

    7th step

    Older acquired beyond a year

    - before a year

    6th step

    3/2 of acquired seniority, increased by one year and six months

    1 step

    6th step

    Formerly acquired

    Secretaries of documentation
    normal class

    Secretaries of documentation
    normal class


    13th step

    12th step

    Formerly acquired

    12th step

    11th step

    Formerly acquired

    11th step

    10th step

    Formerly acquired

    10th step

    9th step

    Formerly acquired

    9th step

    8th step

    Formerly acquired

    8th step

    7th step

    Formerly acquired

    7th step

    7th step

    Not old

    Step 6:



    from six months

    6th step

    4/3 of the old age acquired, increased one year beyond six months

    before six months

    6th step

    Twice acquired seniority

    5th step

    5th step

    4/3 of the old age acquired, increased by one year

    Step four:



    ― from a year

    5th step

    Twice the seniority acquired beyond a year

    - before a year

    4th step

    3/2 of acquired seniority, increased by six months

    Step three:



    ― from a year

    4th step

    Older acquired beyond a year

    - before a year

    3rd step

    Twice acquired seniority

    2nd step

    2nd step

    4/3 of acquired seniority

    1 step

    1 step

    Formerly acquired


    II. ― Interested persons retain the reductions and increases of seniority granted and not used for a level advancement in their former body.
    III. ― Services performed in the body of the documentation secretaries, governed by the Decree No. 95-1143 of 25 October 1995 As well as in the ranks of this body are assimilated to services performed in the body and in the ranks of the documentation secretaries of the Ministry of Culture, governed by this decree.

    Article 17 Learn more about this article...


    I. ― On the date of entry into force of this decree, officials detached from the corps of the secretaries of documentation, governed by the decree of October 25, 1995 on the specific status of the body of the secretaries of documentation of culture and architecture, are placed, for the duration of their detachment remaining to run, in a position of detachment in the body of the secretaries of documentation of the Ministry of Culture governed, by this decree.
    They are classified in this body in accordance with the provisions of Article 16 of this decree.
    II. ― Interested persons retain the reductions and increases of seniority granted and not used for a level advancement in their former body.
    III. ― The services performed in the position of detachment in the body of the documentation secretaries, governed by the decree of October 25, 1995 above, are assimilated to services performed in the position of detachment in the body of the documentation secretaries of the Ministry of Culture, governed by this decree.

    Article 18 Learn more about this article...


    Trainees under the corps of the documentation secretaries, governed by the Decree No. 95-1143 of 25 October 1995 bearing special status of the body of the cultural and architectural documentation secretaries, continue their internship in the body of the documentation secretaries of the Ministry of Culture, governed by this decree.

    Article 19 Learn more about this article...


    I. ― Access to the bodies of the documentation secretaries, governed by the Decree No. 95-1143 of 25 October 1995 bearing particular status of the body of the cultural and architectural documentation secretaries, whose opening order was published before the date of entry into force of this decree, continue until their end.
    II. ― Complementary lists established by the jury of the competitions referred to in I may be used to fill vacancies that fall within the rank of the regular class secretaries governed by this decree.

    Rule 20 Learn more about this article...


    Officials listed on the 2013 suitability list prior to the effective date of this Order for Access to the Body of Documentation Secretaries, governed by the Order Decree No. 95-1143 of 25 October 1995 bearing particular status of the body of the cultural and architectural documentation secretaries, whose appointment has not been pronounced on that same date may be appointed in the rank of the regular class documentation secretaries, governed by this decree.

    Article 21 Learn more about this article...


    Contractual officers recruited under section 27 of the above-mentioned Act of 11 January 1984, who are to be held in the rank of Secretary of Standard Class Documentation, governed by the Decree No. 95-1143 of 25 October 1995 bearing particular status of the body of the secretaries of documentation of culture and architecture, are maintained in office and are intended to be titularized in the rank of the secretaries of documentation of the normal class, governed by this decree.

    Article 22 Learn more about this article...


    I. ― Progress tables for the year 2013 for access to the ranks of documentation secretary, superior and exceptional class of the body of the documentation secretaries governed by the Decree No. 95-1143 of 25 October 1995 bearing special status of the body of the cultural and architectural documentation secretaries, remain valid until December 31, 2013.
    II. ― Normal Class Documentation Secretaries and Superior Class Documentation Secretaries promulgated pursuant to I after the date of entry into force of this Order shall be classified as Superior Class Documentation Secretary or Special Class Documentation Secretary, governed by this Order, taking into account the situation that would have been theirs if they had not ceased to belong to their former Class of Promotions, then promoted to the date of their Decree No. 95-1143 of 25 October 1995 bearing particular status of the body of the secretaries of documentation of culture and architecture, and, finally, reclassified to the date of their promotion in accordance with the provisions of Article 16 of this decree in the body of the documentation secretaries of the Ministry of Culture.

    Article 23 Learn more about this article...


    The terms of reference of the members of the competent parity administrative board with respect to the body of the documentation secretaries are maintained until its renewal.

    Article 24 Learn more about this article...


    I. ― In Appendix I to the decree of November 18, 1994, the words were referred to: "Secretaries of documentation to the Ministry of Culture. » are deleted.
    II. ― The mention: "Secretaries of documentation of the Ministry of Culture" is entered in Annex to the decree of 11 November 2009 referred to above.
    III. ― Decree No. 95-1143 of 25 October 1995 on the special status of the body of the cultural and architectural documentation secretaries is repealed.

    Rule 25 Learn more about this article...


    The provisions of this decree come into force on the first day of the month following its publication.

    Rule 26 Learn more about this article...


    The Minister of Economy and Finance, the Minister of Culture and Communications, the Minister of State Reform, Decentralization and Public Service, and the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done on 16 September 2013.


Jean-Marc Ayrault


By the Prime Minister:


Minister of Culture

and communication,

Aurélie Filippetti

Minister of Economy and Finance,

Pierre Moscovici

The Minister of State Reform,

decentralization

and the Public Service,

Marylise Lebranchu

Minister Delegate

to the Minister of Economy and Finance,

Budget Officer

Bernard Cazeneuve


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