Key Benefits:
Minister of Ecology, Sustainable Development and Energy,
Vu le environmental codeincluding articles L. 213-8-1 and R. 213-30 to R. 213-38;
Vu la Act No. 83-634 of 13 July 1983 rights and obligations of civil servants, including article 9 bis, together with Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Vu le Decree No. 82-451 of 28 May 1982 amended on parity administrative commissions;
Vu le Decree No. 86-83 of 17 January 1986 amended to apply the general provisions applicable to non-State agents for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 2007-832 of 11 May 2007 Amending the specific provisions applicable to non-water agencies;
On the proposal of the Director of Water and Biodiversity,
Stop it!
It is established, within each water agency, a competent parity advisory board with respect to non-holders of water agencies.
The Commission shall include equal numbers of representatives of the administration and staff representatives. It has incumbent members and an equal number of alternate members.
The composition of the parity advisory board shall be as follows:
| Administration representatives | 5 (*) | 5 (*) |
| Staff representatives | 5 (*) | 5 (*) |
| (*) Four for Water Agencies Artois-Picardie and Rhin-Meuse | ||
Members of the Joint Advisory Committee shall be elected for a period of four years.
Their mandate can be renewed. Upon the renewal of the parity advisory board, the new members shall be appointed on the date on which the term of office of the members to whom they succeed is terminated.
The representatives of the administration, the incumbent or alternate members of the parity advisory board, coming, during the above four-year period, as a result of resignation, lay-off, sick leave or for any other cause than progress, to cease the functions because of which they have been appointed or that no longer meet the conditions required by this order to be part of the joint advisory board shall be replaced within fifteen days
The mandate of their successors expires, in this case, during the renewal of the parity commission.
When a incumbent representative is unable to perform his or her duties, his or her alternate is appointed as a holder. When an alternate representative is appointed a holder, resigns or is unable to perform his or her duties, he or she is replaced by the first unelected candidate of the same list.
Where a list is unable to provide, under the conditions set out in the two preceding paragraphs, the seats of the incumbent members or alternate members to whom it is entitled, the seats left vacant shall be assigned by lot to the officers where the duration of the remaining term is less than or equal to one year. When the remaining term of office is longer than one year, the commission shall be renewed for the remainder of the term.
Representatives of the administration, holders and alternates, within the commission shall be appointed, by decision of the Director General of the water agency, within fifteen days of the proclamation of the results of the elections scheduled for Chapter III of this Order. They are chosen from officers, whether or not they are in charge of management or responsibility within the institution.
Except as the case of early renewal of the commission, the date of the elections for the renewal of the parity advisory board is that of the elections for the renewal of the parity administrative commissions as defined at theArticle 11 of Decree No. 82-451 of 28 May 1982 Amended on the Joint Administrative Committees.
Are electors under an advisory commission determined by agents recruited under an indefinite or fixed-term contract under the provisions of the articles 3 and 4 Decree No. 2007-832 of 11 May 2007 referred to above, with the exception of employees on leave for personal convenience or on leave without pay.
Agents who meet the conditions to be electors are eligible for the parity advisory board. However, may not be elected or agents on severe sick leave under thearticle 13 of Decree No. 86-83 of 17 January 1986 referred to aboveneither those placed for any reason in the position of leave without pay, nor those who do not have at least three months of seniority at the date of the election, nor those affected by one of the incapacities imposed by the articles L. 5 and L. 7 the electoral code, or those affected by a temporary exclusion of functions under theArticle 43-2 of Decree No. 86-83 of 17 January 1986 referred to aboveunless they have been amnestied or relieved of their sentence.
Each list of candidates includes as many names as incumbents and as many names as alternates as there are posts to be filled without mentioning each of the candidates as a holder or alternate. The same candidate may not be submitted by several lists under the same commission.
Lists must be filed by representative trade union organizations that meet the conditions set out in theArticle 9 bis of Act No. 83-634 of 13 July 1983 referred to above not less than six weeks before the date fixed for the elections and bear the name of a delegated list officer, candidate or not, designated by the trade union organization to represent the list authorized to represent it in all electoral operations, including for the exercise of the election. The union organization may designate an alternate.
The filing of each list must be accompanied by a declaration of application signed by each candidate. The deposit is subject to a receipt given to the list delegate. When the Director General finds that the list does not meet the conditions set by the Director GeneralArticle 9 bis of the Act of 13 July 1983 referred to above, it gives the list delegate a reasoned decision declaring the list inadmissible. This decision shall be delivered no later than the day after the deadline for submission of the lists of applications.
No list may be filed or amended after the deadline for the previous article.
However, if, within three free days of the deadline for filing the lists, one or more candidates on a list are recognized as ineligible, the administration shall promptly inform the list delegate. It may then, within three days of the expiry of the above-mentioned three-day period, make any necessary corrections.
If no correction is made, if one or more candidates on a list are recognized as ineligible, the list concerned is considered to have not submitted any candidates.
Where the admissibility of one of the lists is not recognized by the Director General of the Water Agency, the three-day rectification period shall be limited to the list only after the notice of the judgment of the Administrative Court when the decision is filed.
If the reasoning of ineligibility occurred after the deadline for filing the lists, the failed candidate may be replaced, without changing the date of the elections. Lists established under the conditions set by this Order are posted as soon as possible on all sites of the agency.
No further withdrawal of nominations may be made after the nomination of applications.
Where, on the deadline for filing the lists, no list has been filed, the procedure provided for in Article 18 of this Order shall be used.
When several trade union organizations affiliated with the same union union have filed competing lists for the same election, the administration shall notify, within three frank days of the deadline for filing the lists, the delegates of each of the lists. They then have a period of three free days to make the necessary changes or withdrawals.
If, after the expiry of the latter period, these changes or withdrawals of the list have not taken place, the director of the water agency shall inform, within three frank days, the union of trade unions whose lists are required. It then has a five-day period to indicate to the administration, by registered letter with a request for notice of receipt, the list that may avail itself of membership of the union for the purposes of this Order.
In the absence of this indication, trade union organizations that have filed the lists in question may not benefit from the provisions of Article 9 bis of Act No. 83-934 of 13 July 1983 referred to above and may not avail themselves of membership in a union for the purposes of Article 12 of this Order.
Where the admissibility of one of the lists is not recognized by the administration, the written procedure above shall be implemented within three days from the notification of the judgment of the administrative tribunal when the administrative tribunal is seized with a challenge to the decision of the administration.
The ballots and envelopes are prepared, at the expense of the administration, based on a model provided by the administration. On the ballot, mention is made of the possible membership of the trade union organization, on the date of the filing of the lists, of a union of national character.
The ballots and envelopes are drawn up, in at least equal numbers, for each list, to the number of electors on the electoral list of that office.
A polling station is established on the site where the headquarters of the establishment is located or nearby.
The polling station notes the number of voters and proceeds with the counting of the ballot and the proclamation of the results. In the event of the counting of the ballot, the ballot shall be implemented, except in particular circumstances, within a period not exceeding three working days from the date of the election.
The polling station has a president and secretary, as well as many alternates, appointed by the director general of the water agency and a delegate from each list in attendance.
Electoral operations are conducted publicly in the workplace and during service hours.
The vote is held by secret ballot and under envelope.
Electors can only vote for an entire list, without delisting or adding names and without changing the order of candidates. Any bulletin established in ignorance of any of these conditions shall be void.
Correspondence vote is authorized for all officers. The terms of this vote will be determined by the Director General of the agency. Envelopes sent by electors must arrive at the polling station before the polling closing hour.
The polling station notes the total number of votes, determines the total number of valid votes cast, and the number of votes obtained by each list. It also determines the electoral quota by dividing the total number of valid votes cast by the number of incumbent representatives to be elected for all groups.
Staff representatives in the parity advisory committee shall be elected by secret ballot by proportional ballot. The designation of the incumbent members shall be carried out in the manner indicated in this article:
(a) Total number of incumbent seats assigned to each list:
Each list is entitled to as many seats as incumbent representatives as the number of votes collected by it contains the electoral quota; the seats of any incumbent representatives remaining to be filled shall be allocated according to the highest average rule;
(b) Designation of incumbent representatives:
The incumbent representatives are designated according to the order of presentation of the list;
(c) Special provisions:
In the event that, for the assignment of a seat, lists have the same average, the seat is assigned to the list that collected the largest number of votes. If the lists in question collected the same number of votes, the seat is assigned to one of them by lot print.
Each list shall be assigned a number of seats of alternate representatives equal to that of the incumbent representatives elected under this list. The elected alternate representatives shall be designated according to the order of presentation of the list after designation of the incumbent representatives. A record of electoral operations is prepared by the central polling station and immediately forwarded to the Director General of the water agency and to the officers authorized to represent the lists of candidates.
A new ballot shall be taken when no list has been filed by the representative trade union organizations or when the number of voters, recorded by the central polling station on the basis of the elections, is less than half the number of registered electors. If the number of voters is less than half of the number of registered electors, the counting of the first ballot is not done. This new ballot shall be held within a period of not less than six weeks or more than ten weeks from either the deadline for filing, as provided for in Article 9 of this Order when no representative trade union organization has submitted a list, that is, the date of the first ballot when participation in that election has been below the rate set out above. For this second ballot, any trade union organization may file a list.
Without prejudice to the provisions of the eighth paragraph of Article 14 of the Act of 11 January 1984 referred to above, the disputes over the validity of the electoral operations shall be brought, within five days of the proclamation of the results, to the Director General of the water agency and, where applicable, to the administrative jurisdiction.
I. - The parity advisory board is obligatoryly consulted on individual matters concerning:
1. Proposals for enhancements and reductions in seniority to access the upper level, proposals for promotion to the second level of categories I, II and III, proposals for access to remuneration of the upper class under the conditions of theArticle 18 of Decree No. 2007-832 of 11 May 2007 for category III, IV and V officers
2. Proposals for the share related to the result of the function and result premium.
3. Denial of leave for union training.
4. Denial of mobility.
5. Denial of unpaid leave for family and personal reasons Title V of the decree of 17 January 1986 referred to above, including leave for business creation.
6. Refusal of absence authorization to follow an action to prepare for an administrative competition or a training action and refusal of training leave.
7. Denial of authorization to perform part-time service and disputes relating to part-time conditions.
8. Disciplinary sanctions under thearticle 43-2 of the decree of 17 January 1986 referred to above except for blame and warning.
9. Individual decisions regarding terminations occurring after the trial period.
II. - The parity advisory board is obligatoryly consulted on all appeals relating to individual issues, including evaluation, remuneration and progress.
III. - Members of the Joint Advisory Committee are informed in writing:
1. On individual issues related to trial period extensions and terminations during the trial period, together with the officer concerned.
2. On the conduct and results of recruitment procedures.
The Joint Advisory Panel is chaired by the Director General of the agency. In the event of the President's incapacity, the Commission is chaired by a representative of the administration that he designates.
The Commission shall develop its rules of procedure according to the Model Regulations provided for in thearticle 29 of the decree of 28 May 1982 referred to above. It is subject to approval by the Director General of the water agency. The secretariat is provided by a representative of the administration who may not be a member of the commission.
A staff representative shall be appointed by the Commission within the Commission to serve as Deputy Secretary.
A report is prepared after each session. It is signed by the president and countersigned by the secretary and deputy secretary and transmitted within one month to the members of the commission. This report is submitted to the Commission for approval.
The Commission shall meet at least twice a year outside of the case(s) in which it shall make a decision in disciplinary matters, on the convocation of its Chairperson, on its initiative or, within the maximum of two months, upon written request of at least half of the staff representatives.
Alternates may attend meetings of the committee. They only have a deliberate voice in the absence of the incumbent members they replace.
The Chair of the Commission may convene experts at the request of the administration or at the request of staff representatives to be heard on a agenda item. Experts can only attend part of the debates on the issues for which their presence has been requested, excluding the vote.
The Commission shall have before it by its Chairperson or upon written request signed by at least half of the staff representatives of any matter within its competence. It shall issue a notice to the majority of the members present.
If a vote is taken, the vote shall be taken by hand. However, at the request of one of the members holding the commission, the vote shall be held by secret ballot. In the event of a vote sharing, the notice is deemed to have been given or the proposal adopted. Agreed.
When the Director General of the Water Agency makes a decision contrary to the opinion or proposal issued by the Commission, he shall in writing inform the Commission of the reasons that led him not to follow the proposal or notice issued. Committee meetings are not public.
Staff representatives may not sit on the commission when it is called upon to deliberate on their individual situation. When the Commission refers to the situation of a staff representative as a licensee, it shall be appealed to the first alternate representative or, if not, to another alternate representative from the same list. In the event that a commission is called upon to examine the situation of all representatives, holders and alternates, of that commission or if no representative may validly sit, the drawing procedure shall apply.
All facilities must be given to the commission by the administration to enable it to fulfill its powers. In addition, the communication must be given to it of all documents and documents necessary to carry out its mission at least eight days before the date of the session.
A leave of absence is granted to staff representatives to allow them to attend the meetings of the commission, on a simple presentation of their convocation.
The duration of this authorization shall be calculated taking into account the time limits, the expected duration of the meeting, and increased by a time equal to that time in order to enable the persons concerned to ensure the preparation and reporting of the work of the commission, without the time being able to exceed two days.
The members of the commission are subject to the obligation of professional discretion with respect to all facts and documents that they are aware of in this capacity.
In the event of difficulties in the operation of the commission, the Director General of the water agency reports to the Minister in charge of the environment. In the event of a malfunction, a parity advisory board may be dissolved. It is then carried out within the two-month period, to establish, under the conditions established by this Order, a new parity advisory board.
The commission shall deliberate only on the condition that it observe the rules of constitution and operation enacted by the Decree of 11 May 2007the present order and its rules of procedure.
In addition, at least three quarters of the members must be present at the opening of the meeting. When this quorum is not reached, a new convocation shall be sent within eight days to the members of the commission, who then sits validly, if half of its members are present.
The decision of April 29, 2008 establishing the appropriate parity advisory board with respect to contract personnel in public law of water agencies is repealed.
The Director of Water and Biodiversity and the General Directors of Water Agencies are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 10 October 2014.
For the Minister and by delegation:
The Director of Water and Biodiversity,
L. Roy
