Key Benefits:
Minister of Social Affairs, Health and Women ' s Rights,
Vu le Social Security Codeincluding articles R. 123-51 and R. 123-52;
Vu le Public Health Codeincluding articles L. 1432-2, L. 1432-9, L. 1432-11 and L. 1433-1,
Stop it!
When it meets to render a reasoned opinion on a decision to demote or terminate an employee management officer of a regional health agency, the commission provided for in theArticle R. 123-51 of the Social Security Code is composed of:
1° Two representatives of senior management in the regional health agency, elected. To these two incumbent members, may add up to six alternate members, also elected.
Alternate members are called to sit in the absence of the incumbent members and to replace those whose seats would become vacant, in the order fixed by the order appointing members of the commission.
All representatives of senior management must be in office for at least three months from the date of their election;
2° The Director of Social Security or his representative and a member of the General Inspection of Social Affairs;
3° From the Secretary General of the ministries responsible for social affairs or his representative as well as a Director General or Deputy Director General of the Regional Health Agency designated by the Secretary General of the Ministries responsible for social affairs.
Members of the commission under 1° shall be appointed by order of the Minister for Social Security for a period of three years.
In no case shall a representative of the executive officers, a deputy director general or general manager from the same regional health agency that the employee of the officer concerned shall not sit on the commission.
The commission sits at the Ministry of Social Security and meets on the convocation of the Minister for Social Security.
It is chaired by a member of the General Inspection of Social Affairs.
The Commission ' s secretariat is provided by the Social Security Directorate.
Committee meetings are not public.
The commission can only validly deliberate if at least four of its members attend the meeting.
If the Commission fails to meet again to comply with the one-month period provided for in Article 5.
It shall be decided by a majority of the members present.
If a vote is taken, the vote shall be held by hand or by secret ballot at the request of one of the members. Each member of the commission must take part in it. In the event of a vote-sharing, the president's vote is preponderant.
The commission is seized by the Director General of the Regional Health Agency in which the management officer involved is employed or by the Minister responsible for guardianship on regional health agencies.
If the officer involved is the director general of the regional health agency, the commission is seized by the minister responsible for guardianship on regional health agencies.
The authority that seizes the Board must state in a document the grievances against the officer in question and who motivated the referral decision as well as all the proceedings against the officer in question. All these documents are addressed to the secretariat of the Commission.
The referral of the Disciplinary Commission intervenes after the scheduled maintenanceArticle L. 1232-2 of the Labour Code, and this once the period provided for in Article L. 1232-6 of the same code has elapsed. The authority that seizes the commission shall provide the officer concerned with information relating to the referral of the disciplinary commission. This information has the effect of suspending the time limit provided for in theArticle L. 1332-2 of the Labour Code.
In the absence of compliance with the legal obligations referred to in the preceding paragraph, the Minister for Social Security may refuse to bring the disciplinary committee together. He then informs by mail, indicating the reasons, the authority that has seized it, within one month of the date of receipt of the complete referral by the Commission secretariat.
If the Commission is convened, its notice must intervene within one month of the date of receipt of these documents by the Commission secretariat. It is brought to the employer's attention so that it can make notification of the officer's possible sanction.
The period of one month referred to in the preceding two subparagraphs shall be extended to two months if additional information is taken and three months when an administrative investigation is conducted, under the conditions provided for in Article 7.
The officer referred to the commission shall, upon the referral of the commission, receive the file forwarded to the commission and any related documents.
The officer involved may make written or oral submissions to the commission.
He may also cite witnesses and be assisted by a defender of his choice, either a lawyer registered at a bar or a member of a trade union organization. When the officer involved is an accountant, the accountant may cite as a witness an accountant of his or her choice.
The authority that has seized the commission is heard by it. She can cite witnesses.
Witnesses and interveners are heard by the commission in the presence of the officer involved, as well as persons whom the officer may have designated to assist him and the authority that has seized the commission.
If the commission is not sufficiently informed of the facts referred to the person concerned or the circumstances under which the facts were committed, the commission has the power to prescribe additional information or an administrative investigation that may be entrusted to an active or retired member of the general social affairs inspection. If the officer in question is an accountant, the investigation may also be entrusted to either a member of the Regional Directorate of Public Finance in the reporting area or to a member of the General Financial Inspection.
In the light of the observations made before it and, where appropriate, additional information or results of the investigation to which it may have been conducted, the Board shall issue a reasoned opinion on the sanction proposed by the employer. This notice is forwarded to the interested party and to the Director General of the regional health agency to which the respondent reports.
If the officer involved is the Director General of the Regional Health Agency, this notice is forwarded to the Minister responsible for guardianship on regional health agencies.
The Director General of the regional health agency in which the employee is employed informs the secretariat of the commission of the action that was given to the proposed sanction.
The representatives of the executive officers shall be elected by majority vote in one round.
An order of the Minister for Social Affairs sets out the date of the elections of the representatives of the executive officers and the deadline for the ballots to be posted.
The vote is by correspondence.
With a view to the election of their representatives, they are electors in a single college composed of directors, accountants, deputy directors and deputy directors, executive officers or accountants in the regional health agencies and governed by a national collective agreement of social security agencies. They must be in office for at least three months at the date of the elections.
The College elects its incumbent and alternate representatives to the Disciplinary Committee.
Each elector has a voice.
The list of electors is prepared by the director of each regional health agency and posted forty-five days before polling day at the premises of each regional health agency. A copy is also transmitted to the General Secretariat of Ministries of Social Affairs.
Within three working days after the list is posted, an elector may apply for the registration or delisting of an elector who is not registered or unduly registered, by declaration to the Director General of the Regional Health Agency.
A management officer or accounting officer referred to in section 11 of this Order shall be eligible as representatives of the executive officer.
Candidate declarations, based on paper, must include the name, first names, date of birth, the candidate's personal address, the regional health agency to which it belongs. Management officers or accountants must also specify the functions they perform and the date on which they were appointed in these functions. Finally, the candidate may mention, if any, the trade union organization to which he belongs.
Such nominations should be addressed to the General Secretariat of Ministries of Social Affairs, by registered letter with acknowledgement of receipt no later than thirty-five days before the date of the elections.
The list of candidates shall be decided by the Secretary-General of the ministries responsible for social affairs, following the deadline set out in Article 16 of this Order.
In the event that registered candidates would die or become ineligible once this period has elapsed, the list on which they are listed cannot be changed or invalidated.
The ballot papers shall be prepared at the cost and due diligence of the general secretariat of the ministries responsible for social affairs. The latter sends voting material to each regional health agency responsible for the distribution of it to each elector.
These bulletins include the names and names of all candidates in alphabetical order as well as their duties and the regional health agency in which they operate and, where applicable, the trade union organization to which the candidates belong.
Each elector receives a nominative envelope containing the material required for the vote: an explanatory letter and the list of candidates with the ballot to be returned in a preaffranchie envelope provided.
Electors can only vote for candidates on the list, without adding names. Each elector must blacken the boxes of his choice on the ballot to hold only a maximum of eight.
Any shipment after the deadline set by order of the Minister for Social Affairs provided for in section 10 of this Order (the stamp of the position in question) shall not be counted for the census or for the counting of votes.
The envelopes containing the votes shall be retained in the general secretariat of the ministries responsible for social affairs until the day of the counting of the votes, which shall take place no later than the tenth working day after the date of the elections.
A polling committee is established with the General Secretariat of Ministries of Social Affairs. It is composed of two representatives of the Minister for Social Security, one of whom serves as Chair of the Commission, and two representatives of the General Secretariat of the Ministries responsible for Social Affairs.
Scrubs belonging, in particular, to the organizations referred to in Article 17 may be present at counting operations.
Candidates who obtained the largest number of votes shall, in order and until the exhaustion of the eight representatives to be elected, declare the incumbent members, for the first two, and then alternate members of the commission provided for in theArticle R. 123-51 of the Social Security Code.
In the event of an equal vote, the oldest is declared elected.
The Voting Census Commission proclaims the name of the elected representatives and promptly prepares the minutes of the operations to which it conducted. This report is sent to the Minister for Social Security, who sets out, by order, the composition of the commission provided for in theArticle R. 123-51 of the Social Security Code.
The secretary general of the ministries responsible for social affairs and the director of social security are responsible, each with regard to him, for the execution of this order, which will be published in the Official Journal of the French Republic.
Done on September 19, 2014.
For the Minister and by delegation:
The Chief of Service, Assistant to the Director of Social Security,
F. Godineau
