JORF n ° 0166 July 20, 2014 text no. 17 Decree of July 18, 2014, on the establishment of a joint consultative committee jurisdiction over certain contractual personnel flight and non flight assigned to the office of the air assets NOR: INTA1413302A ELI: https://www.legifrance.gouv.fr/eli/arrete/2014/7/18/INTA1413302A/jo/texte the Minister of the Interior, pursuant to law No. 83-634 of 13 July 1983 as amended on rights and obligations of civil servants together amended Act No. 84-16 of 11 January 1984 on the statutory provisions on the public service of the State;
Considering Decree No. 82-451 of 28 May 1982 amended relating to the administrative boards of the public service of the State;
Having regard to Decree No. 86 - 83 of 17 January 1986 as amended relating to the General provisions applicable to contract agents of the State taken for the purposes of article 7 of Act No. 84-16 of 11 January 1984 containing statutory provisions relating to public service of the State;
Having regard to Decree No 2004 - 87 of 27 January 2004 laying down the provisions applicable to contractual aircrews of the basic aircraft of civil security grouping of air assets, inter alia article 10 thereof;
Mindful of Decree No. 2005 - 621 of 30 May 2005 laying down the provisions applicable to aircrews of the grouping of helicopters for civil defence to the grouping of air assets, especially its article 8;
Mindful of Decree No. 2006-781 3 July 2006 laying down the terms and conditions of payment of the costs occasioned by the temporary displacements of the civilian personnel of the State;
Considering Decree No. 2013-728 12 August 2013 amended on the Organization of the central administration of the Ministry of the Interior and the Ministry of overseas;
Given the Decree of August 23, 2011 modified on the Organization and responsibilities of the Directorate-General of civil security and crisis management, stop: Article 1 more on this article...
There is created a Joint Advisory Committee to the Director of human resources of the general secretariat of the Ministry of the Interior competent to contract crews and sailors assigned to the office of the air assets of the Directorate General Directorate civil security and the management of crises, following: 1 ° contractual aircrews of the basic aircraft of civil security governed by the Decree of 27 January 2004 referred to above;
2 ° the aircrews of the civil security helicopter group governed by the Decree of 30 May 2005 referred to above;
3 ° the maintenance technicians recruited on the basis of articles 4 and 6 of the above-mentioned law of 11 January 1984.
Article 2 more on this article...
This joint consultative commission includes the three following colleges: 1 ° a competent college against the crews of the basic aircraft;
2 ° a competent college for aircrews of helicopters group;
3 ° a competent college with respect to maintenance technicians.
Title I: COMPOSITION chapter I: General provisions Article 3 read more on this article...
The joint consultative committee comprises eleven representatives of the administration and eleven representatives of staff, and an equal number of alternate members.
The composition of this commission is established by colleges, as follows: members members alternates staff representatives: 1 college 4 4 2nd college 4 4 3 3 3 11 11 section 4 administration representatives college learn more about this article...
The members of the commission are appointed by order of the Minister of the Interior for a period of four years. Their mandate can be renewed.
However, when the commission is renewed during the electoral cycle, the staff representatives are elected, under the conditions laid down in this order, for the duration of the term before the general renewal representative instances of public service staff.
When the renewal of the Committee, new members are functions on the date at which ends, in application of the preceding provisions, the mandate of the Member to which they succeed.
Chapter II: Appointment of representatives of Article 5 in the administration more on this article...
The representatives of the administration, and their alternates, are designated in the fifteen days following the proclamation of the results of the elections.
They are chosen among officials in category A of the Department of the Interior or the non-incumbent officers performing functions of hierarchical level equivalent to those performed by authorized officials to sit.
The president of the commission has the quality of employee.
Article 6 read more on this article...
The representatives of the administration, members and alternates of the Committee, coming while in office due to resignation of the administration or their mandate of Member of the commission, to commence the long leave in respect of section 34 of the Act of 11 January 1984 referred to above, to commence the serious sick leave of more than six months in respect of article 13 of the Decree of 17 January 1986 referred to above to commence leave without pay, lay-off, or for any other cause, to stop the functions due to which they have been appointed are replaced under the conditions laid down in article 5. The terms of their successors expire in this case when the renewal of the commission.
Chapter III: Appointment of the representatives of personnel Article 7 in more on this article...
The staff representatives, members and alternates of the Committee, are elected through the list.
Article 8 more on this article...
Representatives of the staff, members and alternates of the Committee, coming while in office, as a result of termination of contract, resignation, leave without pay, leave serious disease over six months in respect of article 13 of the Decree of 17 January 1986 referred to above, or for any other cause, to stop the functions for which they have been appointed are replaced until the renewal of the commission, under the conditions laid down in article 9.
Article 9 read more on this article...
The replacement of the representatives of the staff unable to perform their duties, for any of the grounds listed in article 8, is carried out under the following conditions: 1 ° if there is a licensed representative, he was replaced by the first alternate in the order of the list in respect of which he was elected;
2 ° if there is an alternate representative, he was replaced by the first candidate not elected remaining of the list.
When a list is unable to provide, under the conditions laid down in 1 ° and 2 °, to the seats of members or alternate members to which it is entitled, the trade union organization having presented the list designates its representative among the non-incumbent officials of the same college, eligible at the time where is the designation for the duration of the term.
A staff representative, Member or alternate of the Committee, affected, while in office, on a post of another college continues to serve on the college in respect of which it has been designated.
Article 10 more on this article...
The date of the election of the representatives of the staff within the commission is that of the general renewal of the administrative boards. The duration of the mandate of the commission is reduced or extended accordingly.
In the event of by-elections, the date is fixed by the Director of human resources.
Except in cases of early renewal, the date of the elections is made public six months prior to the expiration of the current mandate.
Article 11 read more on this article...
Are voters the agents referred to in article 1 that meet the following cumulative conditions: 1 ° justify an indefinite contract or a contract of a duration exceeding or equal to one year running at the date of the poll, including the remainder at that date is at least two months;
2 ° being at the date of the poll, in function for at least two months;
3 ° be, at the date of the election, activity or parental leave.
For fixed-term contracts renewed, the date for assessing the condition of seniority is the date of service of the original contract.
Without prejudice to the rights they retain in their administration of origin, incumbent officials seconded in a contractual employment are voters in their use of detachment.
Article 12 read more on this article...
The list of voters called to vote is decided by the Director of human resources. Elector quality rises to the polling day.
The list is displayed in services at least one month before the date of the election.
Within eight days following publication, voters can check registration and, where appropriate, to submit requests for registration. In this same period, and three days from its expiry, claims may be made against the entries or omissions on the electoral list.
The Minister of the Interior decides on claims.
No change is then permitted except if a posterior event and taking effect no later than the eve of the vote results, for an agent, the acquisition or loss of eligibility to vote.
In this case, registration or deregistration is pronounced no later than the day before polling, either at the initiative of the administration, or at the request of the person concerned, and immediately brought to the knowledge of staff by posting.
Article 13 read more on this article...
Are eligible officers eligible to be registered on the electoral list.
However, may not be elected officers in serious sick leave in respect of article 13 of the Decree of 17 January 1986 referred to above or those placed for any reason whatsoever turned to leave without pay, those struck one of the disabilities imposed by articles L. 5 to 6 of the electoral code, nor those struck a disciplinary measure or one of the other causes of exclusion provided for in the second paragraph of article 14 of Decree of 28 May 1982 referred to above, unless they have been amnestied or relieved of their sentence.
Article 14 read more on this article...
Each list of candidates includes so many names there are vacancies, and alternates, for a given college, without that there is mention for each of the candidates of the quality of holder or alternate. A same candidate may not be presented by several lists.
The lists must be submitted at least six weeks before the date set for the elections by the trade union organizations which, in the public service of the State, meet the conditions laid down in article 9 bis of the aforementioned law of 13 July 1983. Lists can be common to several trade union organizations. Each list must include the name of a delegate's list, candidate or not, designated by the trade union organization to represent the list in all electoral operations, including on the exercise of the choice provided for in article 20. The organization may designate a substitute delegate.
The filing of each list must be accompanied by a statement of candidacy signed by each candidate. The deposit is under a receipt delivered to the delegate list.
Where the authority finds that the list does not meet the conditions laid down in article 9 bis of the Act of 13 July 1983, submits to the delegate list a reasoned decision declaring inadmissible the list. This decision must be given no later than the day following the deadline for submission of the lists of candidates.
Article 15 read more on this article...
No list can be filed or amended after the date limit laid down in the preceding article.
However, if, within a period of three days following the deadline for submission of lists, one or more candidates on a list are recognized ineligible, the authority shall inform without delay the delegate list. This can then transmit, within a period of three days from the expiry of the above-mentioned period of three days, the necessary corrections.
Failing rectification, if one or more candidates on a list are ineligible, the interested list is considered as no candidate had presented.
When the admissibility of a lists is not recognized by the administration, the period of rectification of three days provided for in the second paragraph above run against this list only as from the notification of the judgment of the tribunal when it is seized with a challenge to the decision by the administration, pursuant to the last paragraph of article 9 bis of the Act of 13 July 1983 above-mentioned.
Whether motivating ineligibility intervened after the deadline for submission of lists, the failed candidate may also be replaced, without that being necessary to change the date of the elections.
When deadline filing lists, no list has been filed, resorted to the procedure laid down in article 23.
No withdrawal of candidature cannot be made after the filing of candidacy lists.
Article 16 read more on this article...
The ballots and envelopes are established, at the expense of the administration, according to a template provided by the latter.
Mention, on the ballot, of any of the Trade Union membership, is made to the date of the filing of the lists to a union of unions to national character.
The ballots and envelopes are transmitted by care of the administration officers registered on the electoral list eight clear days at least before the date of the election.
Article 17 read more on this article...
A central voting station consists for the election. It makes the counting of the ballots. At the end of counting and without delay, he proclaims the results.
The central polling station comprises a Chairman and a Secretary appointed by the Minister of the Interior and a delegate of each list in the presence.
Article 18 read more on this article...
The electoral operations take place publicly in local labour and during hours of service.
Voting takes place by secret ballot and envelope.
Electors may vote for an entire list without cancellation or addition of names and without changing the order of presentation of the candidates. Is no any bulletin prepared in breach of any of these conditions.
It may be used to vote by correspondence under the conditions laid down by Decree of the Minister of the Interior.
Envelopes shipped at the expense of the administration by the voters must be received at the polling station before the time of the closing of the poll.
Article 19 more on this article...
Central polling finds the total number of voters and determines the total number of votes validly cast as well as the number of votes obtained by each list.
It also determines the electoral quotient by dividing the total number of votes validly cast by the number of representatives to be elected.
Article 20 more on this article...
The seats of the representatives of the staff to the commission are allocated as follows: a) each list is entitled to as many seats of representatives than the number of votes cast for it contains times the electoral quotient.
The seats of representatives remaining possibly fill are given the highest-average rule.
Where, for the allocation of a seat, lists have the same average, headquarters is attributed to the list that received 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 way of raffle;
(b) in the case where no list has presented candidates for a reporting Committee, the representatives of this commission are designated by way of a random draw among voters.
If so designated do not accept their appointment, the vacancies of the staff representatives are allocated to representatives of the administration.
The incumbent representatives are appointed according to the order of presentation of the list.
Section 21 read more on this article...
It is attributed to each of the lists incorporated a number of alternate representatives seats identical to that of elected persons.
Article 22 read more on this article...
Minutes of the electoral operations is prepared by the bureau to vote and immediately transmitted to the delegates of each list in the presence.
Section 23 read more on this article...
When a common list was established by trade union organizations, the apportionment between them of the votes is done on the base indicated and made public by the trade union organizations concerned upon the filing of their list. Unless, the distribution of the vote is divided equally between the organizations concerned. This distribution is mentioned in the lists displayed in the polling divisions.
Section 24 read more on this article...
Disputes on the validity of the electoral operations are brought within a period of five days from the proclamation of the results to the Minister of the Interior and then, if necessary, before the administrative court.
Title II: Responsibilities Article 25 in more on this article...
Also individual issues before it must be pursuant to the provisions of section 1-2 of the Decree of 17 January 1986 referred to above, the commission can be consulted at the request of interested parties, on any other question of individual professional status of non-licensed agents.
The commission is obligatory consulted on individual issues relating to the notation and increment of flight personnel mentioned in the 1 ° and 2 ° of article 1.
The Committee was informed of the conditions for re-use after leave.
Title III: Functioning Article 26 in more on this article...
The commission shall draw up its own rules of procedure.
The secretariat of the commission is provided by a representative of the administration which may not be a member of the commission. A representative of the staff is appointed by the commission in its midst to serve as Deputy Secretary.
A report is prepared after each meeting. It is signed by the president and countersigned by the Secretary and Deputy Secretary. It is subject to the approval of the members at a next meeting.
Article 27 more on this article...
The commission meets at least once a year, convened by its Chairman, on its own initiative or within the maximum period of two months, on written request of the half at least of the representatives of the staff.
Article 28 more on this article...
Alternates may attend the meetings of the Committee without being able to take part in the proceedings. They have voting rights in the absence of persons they replace.
The Chairman of the Committee may convene experts at the request of the authority or at the request of the representatives of the staff so that they are heard on an item on the agenda.
Experts can only attend the part of the debates, excluding the vote, on issues for which their presence has been requested.
Article 29 more on this article...
Before the Committee by its Chairman or upon written request signed by at least half the incumbent staff representatives of all questions coming within its competence. It issues its opinions by a majority of the members present.
If a vote is taken, it is held in hands. Abstentions are allowed. However, at the request of one of the members of the commission, voting takes place by secret ballot. In the event of equality of votes, the notice is deemed to have been given or made proposal.
When the competent authority shall take a decision contrary to the opinion or the proposal issued by the commission, the authority shall inform the commission of the reasons which led it to not to follow the opinion or proposal.
Section 30 read more on this article...
The meetings of the Committee are not public.
Article 31 read more on this article...
When the commission refers to the situation by a representative of the personnel serving as holder, is it uses the alternate representative or, failing that, to another alternate representative belonging to the same list.
Article 32 more on this article...
The commission seat and vote by college.
Article 33 read more on this article...
All facilities must be given to the members of the commission by the administration to enable them to fulfil their functions.
In addition, communication must be given them to all parts and documents necessary for the accomplishment of their mission, eight days prior to the date of the meeting.
A leave of absence is granted to representatives of the staff, and their alternates, and experts to enable them to participate in the meetings of the commission on simple presentation of their convening. The duration of this leave is calculated taking into account deadlines, time predictable meeting and increased by a time equal to the duration to concerned able to ensure the preparation and reporting of the work of the commission.
The members of the commission and experts are subject to the obligation of professional secrecy as regards all the facts and documents which they have become aware in this capacity.
Article 34 more on this article...
The commission deliberates validly condition to observe the constitution and operating rules enacted by this order and its rules of procedure.
In addition, three quarters at least of the members must be present at the opening of the meeting.
If this quorum is not reached, a call is sent within a period of eight days to the members of the commission, which sits so validly if half of the members are present.
The quorum is assessed by college.
Article 35 learn more on this article...
Members, incumbents and alternates of the Committee receive no compensation because of their functions therein. Members are however compensated for their travel and subsistence expenses in the conditions laid down by the Decree of 3 July 2006 referred to above.
Article 36 more on this article...
When the commission is called upon to pronounce on a disciplinary punishment or dismissal, it ensures that the interested agent has been able to take knowledge of his case before the meeting, that he was informed of the possibility to be heard by the commission to be assisted or represented by a counsel of choice and to request witnesses.
Even if the person concerned has not worn the opportunities afforded to him or if he has not referred to the notice that was sent to appear before the commission, it sits properly.
Article 37 more on this article...
In the interests of the service, the duration of the mandate of the commission can be reduced or extended by order of the Minister of the Interior. This reduction or extension may not exceed a duration of eighteen months.
In case of difficulty in its operation, the Committee may be dissolved in the form provided for its constitution after advice of the Ministerial Technical Committee.
It is then proceeded, within the period of two months, the establishment, under the conditions laid down by order, of a new commission.
Title IV: Provisions Article 38 in the finals read more of this article...
Are hereby repealed:-the Decree of February 6, 2002 on the establishment of the joint consultative committee responsible for aircrews contractual non-technicians for maintenance of the civil security helicopter group;
-order of 27 January 2004 concerning the competent joint consultative commission for contractual aircrews of the basic aircraft of civil safety in the grouping of air assets;
-Decree of 30 May 2005 on the establishment of the competent joint consultative commission for contractual aircrews of the civil security helicopter group the bundling of air assets.
Article 39 more on this article...
This order comes into force for the next general renewal of the representative bodies of the staff of the public service.
Article 40 read more on this article...
The Director of human resources of the general secretariat of the Ministry of the Interior is responsible for the execution of this order, which will be published in the Official Journal of the French Republic.
Done July 18, 2014.
For the Minister and by delegation: the Director of human resources, N. Colin