Key Benefits:
The Director General of the French Agency for the Protection of Refugees and Stateless Persons,
Vu le Code of entry and residence of foreigners and asylum ;
Vu la Act No. 83-634 of 13 July 1983 amended with the rights and obligations of public servants, together with Act No. 84-16 of 11 July 1984 amended with 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 on general provisions applicable to contract agents of the State taken for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Vu le Decree No. 2006-781 of 3 July 2006 Amending the terms and conditions for the payment of costs incurred by the temporary movement of civil personnel of the State;
Having regard to the advice of the Technical Committee of the French Refugee and Stateless Agency dated 17 September 2014,
Decides:
It is established with the Director General of the French Agency for the Protection of Refugees and Stateless Persons (OFPRA) a competent parity advisory board with respect to contract agents of public law of the OFPRA.
The organization, composition, responsibilities and operation of this commission shall be governed by the provisions of this decision.
The Joint Advisory Committee consists of four administrative representatives and four staff representatives, and an equal number of alternate members.
The members of the commission are appointed by decision of the Director General of the OFPRA for a period of four years. Their mandate can be renewed.
However, when the commission is renewed during the electoral cycle, staff representatives shall be elected, under the conditions set out in this decision, for the remainder of the term to be carried out before the general renewal of the representative bodies of the public service staff.
Upon the renewal of the commission, the new members shall enter into office on the date on which the term of office of the members to whom they succeed shall be terminated.
Representatives of the administration, holders and alternates, shall be appointed within fifteen days of the proclamation of the results of the elections.
They are selected from OFPRA category A officials or from non-registrants with a hierarchical level equivalent to those of officials authorized to serve.
The chair of the commission is a civil servant.
Representatives of the administration, incumbent and alternate members of the commission, coming in the course of a term of office, as a result of the resignation of the administration or their term of office of member of the commission, of long-term leave under section 34 of the Act of 11 January 1984 referred to above, of sick leave of more than six months under the aforementioned Act of 11 January 1984article 13 of the decree of 17 January 1986 referred to above, leave without pay, lay-off, or for any other cause, to cease the duties for which they were appointed shall be replaced under the conditions provided for in section 4. The term of office of their successors expires in this case during the renewal of the commission.
The representatives of the staff, the incumbent and alternate members of the Commission, shall be elected by the ballot.
Staff representatives, incumbent and alternate members of the Commission, coming in the course of their term, as a result of termination of contract, resignation, leave without pay, sick leave of more than six months under the terms of thearticle 13 of the decree of 17 January 1986 referred to above, or for any other cause, to cease the functions for which they were appointed shall be replaced, until the renewal of the commission, under the conditions provided for in Article 8.
The replacement of staff representatives who are unable to perform their duties, for one of the reasons listed in section 7, shall be as follows:
1° If it is a incumbent representative, it is replaced by the first alternate in the order of the list under which it was elected;
2° If it is an alternate representative, it is replaced by the remaining first unelected candidate from the same list.
When a list is unable to provide, under the conditions set out in 1° and 2°, to the seats of the incumbent members or alternate members to whom it is entitled, the trade union organization having presented the list shall designate its representative from among the non-members of the same college, eligible at the time of designation, for the duration of the term remaining to be carried out.
The date of the election of staff representatives in the commission is the general renewal of the parity administrative commissions. The term of the commission shall be reduced or extended accordingly.
In the event of a by-election, the date is fixed by the Director General of the OFPRA.
Unless an early renewal occurs, the date of the elections shall be made public at least six months before the expiry of the current mandate.
Voters are the agents mentioned in section 1 who meet the following cumulative conditions:
1° Rationale for an indeterminate contract or a fixed-term contract of a term of more than or equal to one year, which is being executed on the date of the election, the remaining period of the election on that date is at least two months;
2° Being, on the date of the election, in office for at least two months;
3° Being, on the date of the election, in activity or on parental leave.
For renewed fixed-term contracts, the date to be used to assess the seniority condition is the date of assuming the original contract.
Without prejudice to the rights they retain in their original administration, incumbent civil servants who are seconded in a contract job are electors in their detachment job.
The list of electors called to vote is stopped by the Director General of the OFPRA. The quality of electors is appreciated on polling day.
The list is posted in the services at least one month before the date of the vote.
Within eight days of the publication, electors can verify registrations and, where applicable, submit applications for registration. In the same period, and for three days after its expiry, claims may be made against registrations or omissions on the list of electors.
The Director General of the OFPRA decides on the claims.
No change is then allowed, unless a subsequent event and taking effect no later than the day before the election results in the acquisition or loss of the elector's quality for an officer.
In this case, the registration or delisting is pronounced no later than the day before the election, either at the initiative of the administration or at the request of the interested party, and immediately notified to the staff by posting.
Eligible officers eligible to be registered on the list of electors.
However, may not be elected or agents on severe sick leave under thearticle 13 of the decree of 17 January 1986 referred to aboveneither those placed for any cause in a leave without pay position, nor those affected by any of the incapacities imposed by the articles L. 5 and L. 6 the electoral code, or those affected by disciplinary action or any of the other reasons for exclusion provided for in second paragraph of Article 14 of the Decree of 28 May 1982 referred to aboveunless they have been amnestied or relieved of their sentence.
Each list of candidates includes as many names as there are to be filled, incumbents and alternates, without mentioning each of the candidates as a holder or alternate. The same candidate cannot be submitted by several lists.
The lists must be filed at least six weeks before the date fixed for the elections by the trade union organisations which, in the public service of the State, meet the conditions fixed to the electionsArticle 9 bis of the Act of 13 July 1983 referred to above. Lists may be common to several trade union organizations. Each list must include the name of a list delegate, candidate or not, designated by the trade union organization to represent the list in all electoral operations. The organization may designate an alternate delegate.
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 administration finds that the list does not meet the conditions set by theArticle 9 bis of the Act of 13 July 1983 referred to above, it gives the list delegate a reasoned decision declaring the list's irrelevability. 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 transmit, within three days of the expiry of the three-day period referred to above, the 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 administration, the three-day rectification period referred to in the second paragraph above shall be limited to the list only after the notification of the judgment of the administrative tribunal when it is seized of a challenge to the decision of the administration, pursuant to last paragraph of Article 9 bis of the Act of 13 July 1983 referred to above.
If the reasoning of ineligibility occurred after the deadline for filing the lists, the failed candidate may also be replaced, without changing the date of the elections.
When, on the deadline for filing lists, no list has been filed, the procedure provided for in Article 22.
No withdrawal of nominations may be made after the nomination of applications.
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.
Voting ballots and envelopes are transmitted by the administration to officers on the list of electors at least eight frank days before the date of the election.
A central polling station is formed for the election. It proceeds to count the ballot. At the end of the count and without delay, he proclaims the results.
The central polling station includes a president and secretary appointed by the Director General of the OFPRA and a delegate from each list in attendance.
Electoral operations are conducted publicly in the workplace and during hours of service.
The voting may be used by correspondence under the conditions set out in articles 18 to 20 of this decision.
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 presentation of candidates. Any bulletin established in ignorance of any of these conditions shall be void.
Envelopes sent to the administrative expenses by the electors must arrive at the polling station before the polling day.
The following officers are allowed to vote by mail:
1° Those who do not exercise their functions at the polling station headquarters;
2° Those on leave, in particular under sections 34, 40 bis and 54 of the above-mentioned Act of 11 July 1984 (disease leave, sick leave, long-term sick leave, maternity or adoption leave, paternity leave, parental leave, parental leave, employee leave or vocational training leave);
3° Those who have no duty of service during the hours of the election;
4° Those who are in a position of absence regularly authorized;
5° Those who are away from service for professional reasons;
6° Those who are suspended or temporarily excluded from their functions;
7° Those who are prevented, because of the necessity of service, from going to the polling station on polling day;
8° Those who perform trade union functions on polling day.
The officers listed in the preceding paragraphs, with the exception of those mentioned in the 7th, are entitled to vote directly at the polling station. In this case, direct voting prevails when the elector uses both procedures.
The correspondence vote is as follows:
1° The list of officers called to vote by correspondence is annexed to the list of electors decided by the Director General of the OFPRA.
At least 15 days before the date of the elections, interested officials are notified of their registration on this list and of the conditions under which they may vote.
They may verify the registrations and make any claims.
2° The ballots and the necessary envelopes, established at the expense of the administration, shall be transmitted to electors by the administration at least eight days before the date fixed for the holding of the ballot.
3° The deadlines set at 1° and 2° are not enforceable to the officers prevented from voting as a result of service requirements.
For electors residing outside of the metropolitan territory, notifications and transmissions under 1° and 2° are made at the diligence of the administration by the fastest means of communication and as soon as possible after the deadline for filing the lists of candidates.
4° The elector inserts his ballot in a first envelope (known as "Envelope No. 1") which shall not contain any mention or any distinguishing sign. The elector then places this envelope no. 1 in a second envelope (named envelope no. 2) which he hides and on which he applies his signature and clearly bears his name, name and assignment.
Envelope No. 2 is placed in a third envelope (known as "Envelope No. 3") that it hides and on which is indicated the address of the OFPRA voting office.
5° Correspondent electors send their vote by mail to the OFPRA polling station. Envelope No. 3 must arrive at the polling station before the closing time of the poll.
The costs associated with the delivery of this envelope are borne by the administration.
Receiving and enumerating correspondence votes is carried out under the following conditions:
1° The polling station conducts, at the end of the poll, the census of the votes collected by this route.
The envelopes n° 3 and the envelopes n° 2 are open.
As envelopes 2 are opened, the list of electors is started and envelope 1 containing the ballot paper is filed, without being opened, in the ballot box containing the votes of the agents who voted directly to the ballot box.
2° Are apart, without being open:
- Envelopes No. 3 arrived at the polling station after the closing time of the poll;
- envelopes 2 on which the identity or signature of the voter is not or are illegible;
- multiple envelopes reached under the signature of the same agent;
- Envelopes No. 1 bearing a distinguishing mention or sign or likely to remove its anonymous character;
- envelopes No. 1 reached in multiple numbers under the same envelope No. 2.
The name of the voters who emanate from these folds is not on the list of electors.
Apart from, without being open, the envelopes from electors who took part in the vote directly. In such a case, the correspondence vote is not taken into account.
3° A report of the operations defined at 1° and 2° is prepared by the polling station which is responsible for the counting. The separate envelopes are annexed to this report without being opened under the above paragraphs.
The central polling station notes the total number of voters and 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.
The seats of the staff representatives in the commission are as follows:
(a) 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 incumbents remaining to be filled are allocated according to the highest average rule.
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 shall be assigned to one of them by drawing of lots;
(b) In the case that no list has submitted candidates, representatives are nominated by drawing of lots among electors.
If the officers so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to officials of the administration.
The incumbent representatives are designated according to the order of presentation of the list.
Each of the lists shall be assigned a number of seats of alternate representatives identical to that of elected holders.
A record of electoral operations shall be prepared by the polling station and immediately transmitted to the delegates of each list in attendance.
When a common list has been drawn up by trade union organizations, the distribution of votes cast is made on the basis indicated and made public by the trade union organizations concerned at the time of filing their list. In the absence of an indication, the distribution of votes shall be made equally between the organizations concerned. This distribution is mentioned in the lists shown in the voting sections.
Disputes on the validity of electoral transactions are brought, within five days of the proclamation of the results, to the Director General of the OFPRA and, where appropriate, to the administrative jurisdiction.
In addition to the individual issues of which it is obligatoryly seized pursuant to provisions of Article 1-2 of the Decree of 17 January 1986 referred to above, the commission may be consulted, at the request of the concerned, on any other individual matters relating to the professional situation of non-registrant agents.
The Board is informed of the conditions of re-employment after leave.
The Commission shall develop its own rules of procedure.
The secretariat of the commission is provided by a representative of the administration who cannot 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 signed by the secretary and deputy secretary. It is subject to the approval of members at a subsequent session.
The Commission shall meet at least once a year, at the invitation of its Chairperson, at its initiative or, within a maximum of two months, upon written request of at least half of the staff representatives.
Alternate persons may attend the meetings of the Committee without participation in the proceedings. They only have a deliberate voice in the absence of the incumbents 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 the portion of the debate, excluding the vote, on the issues for which their presence was requested.
The Commission shall have before it by its Chairperson or upon written request signed by at least half of the staff representatives of all matters within its jurisdiction. It issues its views to the majority of the members present.
If a vote is taken, the vote shall be taken by hand. Agreed. 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 made.
Where the competent authority makes a decision contrary to the notice or proposal issued by the Commission, the authority shall inform the Commission of the reasons that led to the decision not to follow the notice or proposal.
Committee meetings are not public.
When the Commission refers to the situation of a staff representative serving as a holder, it shall be appealed to the alternate representative or, if not, to another alternate representative from the same list.
All facilities must be provided to the members of the commission by the administration to enable them to fulfill their responsibilities.
In addition, communication must be given to them of all the documents and documents necessary for the performance of their mission, at least eight days before the date of the session.
A leave of absence is granted to staff representatives, incumbents and alternates, and to experts to allow them to participate in 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 ensure the preparation and reporting of the work of the commission.
Members of the commission and experts are subject to the obligation of professional discretion with respect to all facts and documents that they have been aware of in this capacity.
The Commission shall deliberate only on the condition that it observe the rules of procedure and procedure set out in this decision 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 summons is sent within eight days to the members of the commission, who then sits validly if half of the members are present.
Members, holders and alternates, of the commission shall not receive any compensation as a result of their duties in the commission. The incumbent members are, however, compensated for their travel and residence expenses under the conditions fixed by the decree of 3 July 2006 referred to above.
When the commission is called upon to decide on a disciplinary sanction or termination, it ensures that the officer concerned was able to take note of his file before the meeting, that he was informed of the possibility to be heard by the commission, to be assisted or represented by a defender of his choice and to request the hearing of witnesses.
Even if the interested party did not use any possibilities offered to him or if he did not refer to the summons that was sent to him to appear before the commission, the commission shall sit validly.
In the interest of the service, the duration of the commission's mandate may be reduced or extended by a decision of the Director General of the OFPRA. This reduction or extension may not exceed 18 months.
In the event of difficulty in its operation, the commission may be dissolved in the form provided for in its constitution after the advice of the technical establishment committee.
A new commission shall be established within two months, under the conditions set out in this decision.
The provisions of this decision shall enter into force for the next general renewal of public service representative bodies.
The Director General of the French Agency for the Protection of Refugees and Stateless Persons is responsible for the execution of this decision, which will be published in the Official Journal of the French Republic.
Done on September 18, 2014.
P. Brice
