Decree Of 12 December 2013 On Social Committees Of The National Gendarmerie

Original Language Title: Arrêté du 12 décembre 2013 relatif aux comités sociaux de la gendarmerie nationale

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JORF n ° 0003 January 4, 2014, text no. 14 Decree of 12 December 2013 on social committees of the national gendarmerie NOR: DEFG1328458A ELI: https://www.legifrance.gouv.fr/eli/arrete/2013/12/12/DEFG1328458A/jo/texte the Minister of defence, given the code of defense;
Act No. 83 - 634 of 13 July 1983 amended with rights and obligations of officials, all the amended Act No. 84-16 of 11 January 1984 bringing statutory provisions on the public service of the State;
Considering Decree No. 2006-781 3 July 2006 amended fixing the terms and conditions of payment of the fees caused by the temporary movement of civilian employees of the State;
See Decree No. 2007 - 51 of January 11, 2007 relative to the social action of the armed forces;
Considering Decree No. 2009-545 of 14 May 2009 laying down the terms and conditions of payment of the fees caused by the temporary movement of military personnel;
Given the order of February 10, 2011 modified on the Organization of social action to the Ministry of defence, stop: Chapter I: General provisions Article 1 read more on this article...

The social Committee of the national gendarmerie is a local representative body of nationals of social action armies assigned within the national gendarmerie, constituted to associate personnel on active service and pensioners in the development and implementation of the social action policy.


Article 2 more on this article...

It is a social Committee in the administrative formations of the national gendarmerie, listed in the annex to this order. Administrative training of the national gendarmerie not listed within Annex are, in terms of social Committee, administrative training of physical location.

Chapter II: Composition Article 3 in more on this article...

The social Committee includes the following members: ― the president;
― of the representatives of the military and civilian staff of the national gendarmerie national social action of the armed forces, in activity and retirement;
― a Secretary-General;
― of the representatives of the social network, comprising one or more advisers, social service or social service assistants.
Experts may be called upon to participate occasionally in meetings of the social Committee, on the proposal of its president or representatives of staff or retirees.
The president may also convene the deputies of the staff representatives, who attend the sessions without being able to take part in the discussions.
A representative of the institution of social management of armies attends, at least once a year, meetings of the social Committee.


Article 4 more on this article...

The social Committee is chaired by the Commander of region, the head of agency or by their representatives.


Article 5 more on this article...

Representatives of the staff, who have a deliberative vote, exercise their functions within the scope of the social Committee and are aged 18 years of age on the date set for the renewal of the social Committee.
Representatives of military personnel are divided into three colleges: a college for staff officer, a college for staff NCO, a college for non-commissioned members. They are chosen on the basis of volunteerism, by command, which ensures a fair representation of the training, services and institutions of the perimeter of the social Committee. The command ensures the representation of the isolated units.
The civilian staff of the national gendarmerie national social action armies are elected in the vote list and according to the rules of proportional representation, within a single electoral college comprising all civil officers aged sixteen years of age on the date of the elections, exercising their functions in the training, services and institutions of the perimeter of the social Committee.
Alternates are appointed or elected in the same manner.
The mandate of the representatives of the staff is a renewable term of four years. The quality of Member is lost by resignation, transfer outside the perimeter of the social Committee or radiation of executives. Temporarily or permanently a member replacement is provided by an alternate. In the case of permanent replacement, is done for the duration of the term.
The technical advisors of social service and social service assistants may be appointed or elected to represent staff.


Article 6 more on this article...

Representatives of military and civilian pensioners who have a deliberative vote, are designated in each social Committee, as follows: — the representative of military retirees is designated by the Commander of region on the basis of the proposals of the representative associations of pensioners of the national gendarmerie;
― civil pensioners representative is appointed by the trade union organization having obtained the largest number of votes in the most recent election of constitution of this Committee.
Alternates are appointed in the same manner.
The mandate of the representatives of the military and civilian retirees is a renewable term of four years. The quality of Member is lost by resignation. Temporarily or permanently a member replacement is provided by an alternate. In the case of permanent replacement, is done for the duration of the term.


Article 7 more on this article...

The Secretary-General is appointed by and from among the representatives of the staff for the duration of the mandate of the social Committee.


Article 8 more on this article...

The technical advisors of social service or social service assistants, who sit on the social Committee as representatives of the social network, are appointed by the president of the social Committee.

Chapter III: Responsibilities Article 9 in more on this article...

The social Committee is involved in the definition and implementation of the social policy of the national gendarmerie.
For this reason: ― it issues opinions and proposals on the development and the implementation of the social action policy and is particularly associated with the themes of ongoing studies;
― He made known the needs of citizens in terms of social action and propose any measure of nature to improve the situation of workers in this field;
― It contributes to information of the citizens on policy of social action at the national and local level;
― He participates in decisions to award relief and social lending through the restricted commission mentioned in article 22;
― He decides the use of appropriations in respect of community and cultural activities.


Article 10 more on this article...

Members of social committees may conduct visits to organizations located within the geographic scope of the social Committee and enjoy travel and access facilities. The terms of these visits are determined with the competent administrative authority.
A deliberation of the Committee fixed the object, the location of the visit and the composition of the delegation for the visit.

Chapter IV: Operation Section 1: General provisions Article 11 read more on this article...

The social Committee meets at least once per semester on a determined agenda. It may meet in extraordinary session, at the request of the Chairman or a majority of its members, on a determined agenda.


Article 12 more on this article...

The agenda of each session is established by the president in consultation with the Secretary-General. The issues that the review was requested by the majority of the members of the social Committee are standing on the orders of the day.


Article 13 more on this article...

The Secretariat of the social Committee is a Secretary of the meeting, the administration officer designated by the president and who can be a member of the social Committee.
Each session of the social Committee investigated a synthetic report and a press release prepared by the Secretary of the meeting, signed by the Chairman and co-signed by the Secretary-General.


Article 14 more on this article...

Social committees deliberate validly only if at least half of the members with voting rights is present. If this quorum is not reached, the president postponed the meeting for one week and proceeds to a call of the members of the Committee. Then the quorum conditions are not opposable.


Article 15 more on this article...

At the request of the representatives of staff or on its own initiative, the president submits to the majority voting members present, opinions or proposals on the issues on the agenda.


Article 16 more on this article...

When necessary, and on an exceptional basis, the Social Committee meetings may be held by videoconference.


Article 17 more on this article...

The authorities which are members of the social committees are required to provide all facilities to perform their functions.

The social Committee members receive communication of the order of the day and all parts and documents necessary for the performance of their duties at least fifteen days before the date of the meeting.


Article 18 more on this article...

The Social Committee meetings are not public.


Article 19 more on this article...

Freedom of expression is guaranteed in the social committees. Participants are required to the duty of discretion with regard to the views expressed at a meeting.


Article 20 more on this article...

Social Committee members at the beginning of their mandate, training to perform their duties.


Article 21 more on this article...

Members invited to attend the social committees are compensated under conditions established by the above decrees of July 3, 2006 and may 14, 2009.

Section 2: Limited Commissions Article 22 in more on this article...

Emanation of one or several social committees, commissions limited are involved in allocation of the relief and social lending decisions.


Article 23 more on this article...

Geographic implantation of the restricted committees is stopped by the local directors of social action after consultation with area commanders.


Article 24 more on this article...

The restricted commission is chaired by the Commander of region or the second in command or by their representatives, who may be the Chief of staff, management technical consultant or technical guidance counsellor.
Exceptionally, the technical advisor of responsible management of a social level of supervision may preside the restricted commission.
Technical advisors of social service who preside the restricted commission cannot exercise the function of rapporteur.


Article 25 more on this article...

The restricted commission is composed of representatives of the staff of the social Committee or of the relevant social committees, each representative being appointed by the members of the college to which he belongs. Each college has a seat to the restricted commission. An extra seat is assigned to the college that the number of staff represented is the most important.


Article 26 more on this article...

The restricted commission adjudicates applications for relief.
Application of relief covered by anonymity. Members of the restricted Committee are held in the secrecy of the deliberations.
Social loan applications are subject to the opinion of the restricted Committee when the authority with the power to decide is estimated to not being able to satisfy them. The records covered by anonymity, are reported by a technical advisor or an social service assistant.
A restricted commission may dispose of all or part of the application for relief under its purview.


Article 27 more on this article...

The restricted commission may validly decide if at least three members are present. If this quorum is not reached, the president postponed the meeting for one week and proceeds to a call of the members of the commission. Then the quorum conditions are not opposable.


Article 28 more on this article...

The restricted commission meets every time that the president deems appropriate.

Section 3: Community and cultural dedicated to social action committees Article 29 learn more on this article...

Commissions, consisting of members of one or more social committees, can be established for the conduct of social actions community and cultural of the social Committee concerned or to harmonize and coordinate the actions of several social committees located in a specific geographical area.
The corresponding commissions take, in the first case, the name 'commission ASCC' and, in the second case, the appellation of "joint commission ASCC.
The composition of these committees is determined by deliberation of the social committees concerned.


Article 30 more on this article...

At the initiative of the president of the social Committee or a majority of its members, geographical commissions can be established for the conduct of community and cultural activities in the area under the control of one or several bodies associated with the concerned social Committee.
The composition of these committees is determined by deliberation of the social Committee.


Article 31 learn more on this article...

The president of the social Committee acting on behalf of the social that he chairs or designated Committee on behalf of several social committees is alone competent to commit the appropriations allocated to the title of the social community and cultural actions.

Chapter V: Transitional and final provisions Article 32 in more on this article...

The enforcement of this order are fixed by instruction.


Article 33 more on this article...

The Director-general of the national gendarmerie is responsible for the execution of this order, which will be published in the Official Journal of the French Republic.

Annex A N N E X E training administrative seats of one Committee SOCIAL Region of gendarmerie of Alsace.
Gendarmerie of Aquitaine region.
Force of the Auvergne region.
Mounted police of Ile-de-France region.
Mounted police in lower Normandy region.
Region of gendarmerie of Burgundy.
Region of Brittany force.
Gendarmerie in Champagne-Ardenne region.
Region of Corsica gendarmerie.
Region of gendarmerie of Franche-Comté.
Mounted police of upper Normandy region.
Gendarmerie of the Languedoc-Roussillon region.
Gendarmerie of Lorraine region.
Gendarmerie of Midi-Pyrénées region.
Gendarmerie of Picardy region.
Gendarmerie of Poitou-Charentes region.
Gendarmerie of Provence region.
Gendarmerie of Rhône-Alpes region.
Gendarmerie of the country of the Loire region.
Region of gendarmerie of the Center.
Force of the Limousin region.
Mounted police North - Pas-de-Calais region.
Republican Guard.
School of officers of the national gendarmerie of Melun.
School of gendarmerie of Chaumont.
School of gendarmerie of Châteaulin.
School of gendarmerie of Montluçon.
School of gendarmerie of Rochefort.
School of gendarmerie of Tulle.
Technical Center of the national gendarmerie.
Central school administration and support of the national gendarmerie.

Done on 12 December 2013.
For the Minister and by delegation: the Director general of the national gendarmerie, D. Favier

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