Key Benefits:
Mr. President,
The Constitution Act of March 28 2003 on the decentralised organisation of the Republic carried out the complete rewriting of Article 74 of the Constitution.
French Polynesia, already in accordance with the Organic Law of 12 April 1996 of a Statute of Autonomy, benefited from the The first of a new status with the Organic Law n ° 2004-192 of 27 February 2004, enabling it to assert its own personality and interests within the Republic.
Act No. 2004-193 of 27 February 2004 supplementing the Statute of Autonomy of French Polynesia, in its article 11, authorizes the Government to define by order the status of civil civil servants in the administrations of the communes of French Polynesia and their public establishments. This is the purpose of this order.
Currently, the municipal staff employed by the forty-eight communes of French Polynesia are governed by a statute of private law and are subject to very heterogeneous
. Of 27 February 2004 provides that the State is competent in the field of communal civil service. The draft order therefore consists in creating a genuine communal civil service by defining a statutory framework for local officials.
This text defines the fundamental guarantees to be enjoyed by public officials And the general framework of the organisation of the municipal civil service (career structure, conditions of access, transitional provisions allowing for the integration of staff in office). A Council of State decree will complement these provisions as necessary. Within these precisely defined limits, the High Commissioner's orders will define the specific employment frameworks and the jobs themselves will be created by the municipalities.
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Section 1 establishes the scope of the order to govern public servants The communes of public institutions of an administrative character by reporting and groupings of communes of French Polynesia.
Article 2 specifies that, unless provided for by law, officials of the communes of Polynesia French in activity are intended to serve in the communes, their administrative public establishments and the groups of communes of French Polynesia, on the permanent jobs of these communes and establishments which cannot be occupied Article
provides that officials of the communes of French Polynesia are, vis-à-vis the administration, in a legal and regulatory situation.
Article 4 specifies the conditions to be met in order to have the quality
5 provides that public servants in the communes belong to employment managers whose organisational principles are defined by decree.
Article 6 breaks down into four categories: In descending order: design and supervision, control, application, specialized execution.
This article provides that job managers are organized in the ranks of recruitment and promotion and specify for each grade the To occupy jobs corresponding to the exercise of a certain number of missions.
Finally, it specifies the methods of access to these employment frameworks (competitions, internal promotion or integration).
Article 7 provides that the special status of Each employment framework is created locally by order of the High Commissioner under the conditions laid down by decree. Each special status lists, in particular, the jobs occupied, the hierarchy of the ranks, the number of ranks in each grade, the rules for graduation and promotion to the higher grade.
Job managers specify Also the classification of each grade of civil servants in one of the four categories, according to the level of qualification or professional qualification.
Article 8-I provides that municipalities, public institutions and groups do not May recruit non-incumbent agents for permanent employment to ensure the temporary replacement of public servants who are unavailable due to sick leave, maternity or parental leave, or The performance of the national service or the operational reserve or is in order to deal temporarily and for a maximum period of one year to the vacancy of a job which cannot be filled under the conditions laid down in the
. In addition, communities and institutions may recruit non-incumbent agents to perform duties corresponding to a seasonal requirement for a period of up to six months for the same twelve-month period and to conclude for a period of time Maximum of three months, renewable only once on an exceptional basis, contracts to meet an occasional requirement.
Section 8-II provides that permanent employment may also be filled by non-incumbent agents when There is no employment framework capable of providing the corresponding functions or, in the case of design and framing jobs, where the needs of the service justify it.
The staff recruited are engaged in contracts of a duration Maximum of two years, renewable only once.
Article 9 opens up the possibility for municipalities and institutions to recruit by contracts of up to six years, renewable once, by state officials, Territorial communities of metropolis and the overseas departments placed on standby in their original bodies, to fill vacancies, in the cases provided for in Article 8-II
Section 1 specifies the guarantees given to civil servants :
-Article 10 guarantees freedom of opinion;
-Articles 11 to 13 provide for the protection of civil servants against discrimination on grounds of sex or psychological or sexual harassment;
-Articles 14 and 15 ensure a Protection against discrimination related to the exercise of an elective office, freedom of opinion or the right to organise;
-Article 16 sets out the principle of the participation of officials in the organisation of their service, in preparation Statutory rules and the examination of individual decisions through their representatives on advisory bodies. The principle of participation in the organization and management of social action is also stated;
-Article 17 refers to the exercise of the right to strike;
-Article 18 deals with the protection of the public servant by the community or Employer institution;
-section 19 deals with the criminal liability of officials and non-incumbent agents for non-intentional acts committed in the performance of their duties;
-Article 20 provides for the right to training
Section 2, sections 21 to 24 prescribes the obligations of public servants:
-Section 21 provides that employees must devote their entire professional activity to the duties assigned to them;
-Article 22 lays down the principle of professional secrecy;
-Article 23 establishes responsibilities;
-Article 24 establishes the principle of the disciplinary system.
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Section 1 deals with Article
establishes a Higher Council of the Public Service of the communes of French Polynesia and indicates its composition and the arrangements for the allocation of seats.
The High Commissioner fixes by order The procedures for electing the representatives of the municipalities.
The Management and Training Centre shall provide the secretariat of the Board of Governors and shall be responsible for operating
. Article 25.
Article 26 sets out the powers conferred on this superior board.
Article 27 states the establishment of joint administrative committees by category and provides that their composition, operation and rules of The terms of reference and the appointment of their members shall be fixed in accordance with the conditions laid down by decree.
Article 28 specifies that the Joint Administrative Committees shall be consulted in respect of refusals of tenure, refusal to grant discharge of Service and individual decisions to change the administrative situation of the officers. The decisions on which they are consulted are specified by decree in the Council of State.
Article 29 requires the establishment of a Joint Technical Committee in each municipality and a municipal public establishment with at least 50 staff members. Under this threshold, its creation by the deliberative body is optional.
The composition, rules of operation of the committees, the term of office of their members, their method of designation are set out in accordance with the conditions set out in the Order in Council.
The Joint Technical Committees are responsible for the organization and general operating conditions of the Authorities, as well as the conditions of health and safety.
Section 2 is related to the Management Centre
Article 30-I provides for the creation of a Centre for the Management and Training of the Public Service of French Polynesia, a local public institution with administrative character.
Article 30-II states that: Public institutions and groupings of municipalities are compulsorily affiliated to the Management and Training Centre even if they employ only non-full time officials.
Article 31 sets out the competences of the Management and training centre:
-it ensures the operation of the joint administrative boards and disciplinary councils;
-it organises open competitions by order of the High Commissioner of the Republic in Polynesia French and professional exams;
-it ensures the advertising of the creations and vacation of the jobs of the municipalities and their public establishments. On pain of nullity of appointments, job creation and vacancies must first be communicated to the management and training centre;
-it knows files concerning job losses, ensures the support of the
Article 32, the Management and Training Centre organises the training activities of public service employees in the communes of Polynesia.
It establishes an annual training programme and forwards it for opinion to the Conseil supérieur de la fonction publique communale de la Polynesia française and implements it.
It may, however, delegate by convention the implementation Training activities at another public institution, the municipalities or their public establishments. This paragraph is intended, inter alia, to allow the trade union of the communes of French Polynesia to continue the training which it already provides to the agents, with the support of the National Centre for the Territorial Civil Service (CNFPT).
It may also, by way of a convention with French Polynesia or with the State, provide training actions for officers in their respective public functions.
All of these provisions have been provided for Maintain the spirit of partnership already prevailing in the training of officers of Polynesian communes.
Article 33 provides that at the request of the communes and establishments the management and training centre can:
-ensure all Administrative task for the management of public servants;
-recruit officers for temporary assignments or public servants to provide common services to several communes or institutions;
-to put in place Public servants of the communes at the disposal of one or more municipalities or one or more public establishments for the purpose of assigning them to permanent missions or for performing a non-complete service with each of those Communities;
-managing local social and service works in favour of public servants.
Section 34 specifies the resources of the Centre consisting of the contribution of municipalities, their public institutions And groupings of municipalities, contributions fixed by conventions paid by municipalities and institutions benefiting from benefits and subsidies paid by public authorities.
This article also determines the mode of Calculation of the compulsory contributions paid by the municipalities, its liquidation and the method of allocating the various expenses of the centre.
Article 35 organises the legality of the acts of the management and training centre.
Section 1 deals with job creation.
Section 36 provides that the jobs in each community or institution are created by the deliberative body of the community or institution. Deliberation shall specify the grade or, where appropriate, the ranks corresponding to the employment created. Such job creation cannot take place if the appropriations available for the budgetary chapter are insufficient.
Article 37 refers to a decree to determine the conditions for the legislative body to create jobs on time, And the system of these jobs. Any change in the weekly hours of employment of a job amounts to a job deletion followed by the creation of a new job.
Section 2 is related to recruitment.
Section 38 indicates that when a job is created or Becomes vacant, the appointing authority shall inform the management centre which shall advertise the vacancy. The employment is then filled by the appointment of a candidate on the aptitude list or by internal promotion.
Article 39 specifies that the mayor or the chairman of the group of communes or the public institution makes the appointment of the
Article 40 specifies that public servants are recruited by open competition under conditions laid down by the High Commissioner of the Republic.
Materials and programmes shall be fixed by the High Commissioner.
The arrangements for the organisation of competitions are determined by the Management and Training Centre.
Specific provisions, listed in Article 41, concerning recognised candidates with disabilities
way of derogation, Article 42 provides that civil servants may be recruited without competition either on jobs reserved for recognised persons with disabilities or, as such, In the initial constitution of a framework of employment or for the recruitment to the lowest grade of the relevant sector of officials at the level of enforcement.
Article 43 refers to the list of qualifications established in each competition and The period of validity.
Article 44 indicates the measures in favour of internal promotion and the conditions for the establishment of the corresponding lists of fitness.
Article 45 provides that officials of French Polynesia may Access to the Public Service of municipalities through secondment, follow-up, or non-integration.
Section 3 is related to the employee's placement after appointment.
Section 46 sets out the terms and conditions of Validation of the traineeship and allows for the dismissal of the trainee in the case of professional insufficiency or disciplinary misconduct.
Section 4 provides for the regime of transfers within the public service of the communes and establishments of Polynesia
Article 47 sets out the conditions for the transfer of public servants from municipalities and institutions
Section 1, which groups sections 48 to 51, refers to scoring and promotion.
Section 48 provides that a note is assigned annually to any official by the authority of Appointment on which he depends. The note and the general appraisal must be brought to the attention of the person concerned in an interview and the joint administrative committees are aware of this.
Article 49 deals with the personal file of the official
Section 50 provides for the advancement and advancement of the ranks of public servants.
Section 51 provides for the reclassification of public servants who are not qualified for the performance of their duties.
Section 2 identifies Different positions in which the employee may be placed.
Article 52 states that any official shall be placed in one of the positions of activity, secondment, availability or parental leave, Obligations relating to the national service and activities in the operational reserve.
Decisions concerning positions are taken by the appointing authority.
Article 53 defines the position of activity and authorizes completion Part-time service.
In Article 54, the various leave to which an active employee is entitled: annual leave, sick leave, long-term leave, long-term leave, maternity leave, training leave Work, leave for union training, parental leave leave.
An order of the High Commissioner lays down the rules for the organisation and operation of medical committees competent in the event of sickness and maternity
Provides that special leave of absence may be granted to public servants.
Sections 56 to 59 define and specify the conditions under which the following plans are to be applied: Of French Polynesia, the secondment, the availability of the official, and the fulfilment of the obligations of the national service or of a period of activity in the operational
.
Section 3 sets out the remuneration of employees.
Section 62 provides that employees shall be entitled, after service, to remuneration that includes the salary fixed in The value of the index point shall be fixed by the High Commissioner
The value of the index point shall be determined by the order of the High Commissioner. Social security contributions are deducted from basic salary.
The compensation plan is fixed by the deliberation of the municipal council or the deliberative body, the group of communes or the public establishment under the specified conditions. By order of the High Commissioner and within the limits of the allowances paid by French Polynesia to its servants.
Officials of the communes shall be affiliated with the social protection scheme administered by the social insurance fund applicable to the Employees of French Polynesia.
Employees in the communes who are affected by a disability resulting from a service accident resulting in permanent disability or occupational disease can claim an allowance
Section 4 is related to discipline.
Section 63 sets out a list of applicable disciplinary sanctions and their effect on earnings, or Article
states that disciplinary power shall belong to the appointing authority, where appropriate, after the opinion of the Joint Administrative Committee sitting on the Disciplinary Board, and shall also provide for the Procedures for the exercise of the rights of the defence.
Section 5 deals with the termination of employment and the loss of employment.
The cases of permanent cessation entailing the cancellation of the framework are laid down in Article 65: the accepted resignation, the Dismissal, dismissal, admission to retirement. The loss of one of the qualifications required to become a public servant has the same effect, however, with some potential for reinstatement.
Article 66 deals with the conditions of dismissal for professional insufficiency
67 indicates that officials may not be held in office beyond the age limit fixed by the High Commissioner.
Article 68 specifies the conditions for resignation.
Article 69 provides that an order in Council of State Defines private activities that an official who has permanently ceased his or her duties or who is on standby cannot exercise due to their nature.
Article 70 indicates the procedure for the removal of employment and its consequences For the employee
Section 1 deals with the various provisions.
Section 71 provides for the approval and swearing of Field Guards by the Public Prosecutor. They are appointed by the Mayor.
Article 72 deals with the appointment of municipal police officers by the Mayor after being approved and sworn in by the Public Prosecutor and the High Commissioner of the Republic in Polynesia.
Section 2 deals with the transitional provisions that must address the situation of officers currently serving in the communities.
Two steps are provided for in sections 73 and 74:
Section 73 provides that officers Contract for permanent employment in the communes of French Polynesia and the institutions are deemed to hold an indefinite contract under public law and are intended to become officials of the
. Benefit from this contract of public law, however, they must meet the following conditions on the date of publication of the order:
-be on duty or take advantage of a leave of absence;
-have completed effective services of a duration Minimum of one year in permanent employment of a commune of French Polynesia or of one of its public establishments or of a group of communes in the preceding three calendar years or be a beneficiary of a contract of more than one year 12 months or renewed by tacit agreement for a total duration of more than 12 months.
Article 74 specifies that these agents are to be integrated on their application, after entry on a list of qualifications established by the authority of Appointment, in the jobs of employees defined by the order of the High Commissioner, as the corresponding jobs are created by the deliberative body of the employer community.
Thus, each community may Create jobs and integrate staff according to their needs and capacities, including budgets.
To be integrated into a framework of jobs and to have the quality of public service employees in the creation of jobs in their communities Must meet the conditions set out in section 74:
-meet the two conditions listed in section 73;
-be in office or take advantage of leave on the date of integration;
-have completed, also on the date of Integration, effective services of a duration equivalent to one year in the permanent employment of a commune, a public institution or a group of communes;
-fulfil the conditions for having the status of civil
. 75 gives a period of three years from the publication of the special statutes to open the corresponding posts by release. It gives each officer an option right to integrate or not the communal public service that he or she can play for a period of one year from the creation by the community or the employer of the positions corresponding to the frameworks
Until the expiry of the election period, officers may be dismissed only for professional or disciplinary reasons.
At the end of the period, officers who have not been integrated Continue to be employed under the conditions laid down in the contract of public law of which they are entitled.
Article 76 provides that during integration, the agents are classified in a framework of employment and in a grade, taking into account, on the one hand The duties actually performed by such agents, the level and nature of the jobs they occupy and, on the other hand, the titles or diplomas required for access to the jobs concerned or the professional experience acquired by the persons
. Officers are classified, without re-seniority, in the framework of jobs and in their rank at the level corresponding to the level of pay equal to or immediately above the salary received on the date of their integration, excluding premiums and benefits
A differential allowance is assigned to the officer at the terminal level of a grade when the corresponding pay at that level is less than that previously received.
After their integration into their framework Officers retain the benefits they have individually earned in compensation, except where applicable, if they opt for the new compensation plan implemented in their community. In addition, they retain the benefits that are complementary to the remuneration they have collectively acquired in their municipality or establishment.
Articles 77 and 78 concern the Conciliation Commission for the Communes and establishments created in each administrative subdivision of French Polynesia.
Each conciliation commission includes representatives of the municipalities, representatives of the trade union organisations and can appeal To external persons as an expert. It shall be presided over by the Head of the Administrative Subdivision or his representative.
An order of the High Commissioner of the Republic in French Polynesia shall determine the composition and rules of operation of the commissions and the manner of Article
provides that, after notification of the integration decision, the officer may refer the matter to the Conciliation Commission, which examines the conditions of integration implemented by the municipality or In
case where the officer has referred the matter to the commission, the mayor or the president of the public administrative institution must decide once again on the application for integration within one month of the commission's opinion. If the mayor or the president of the public institution does not follow this opinion, it must justify its refusal.
Under Article 79, until the establishment of the management and training centre, the communes may entrust the trade union with the promotion of the Article
gives the possibility for municipalities and establishments to recruit by way of secondment, for a transitional period of ten years from the date of the Publication of the order, state officials or territorial officials for permanent jobs with design and guidance functions. The duration of the secondment of public servants thus recruited is limited to three years renewable once.
Section 3 includes the final provisions.
Section 81 provides for the repeal of section 14 of the Act of December 29, 1977.
Article 82 provides that decrees in the Council of State determine the application of the order as necessary.
This is the subject of this order that we have the honour to submit to your approval
Accept, Mr President, the assurance of our deep respect
