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Decree Of 5 January 2005 Setting Out The Terms Of The Staff Consultation To Determine Trade Union Organizations Called To Be Represented At The Central Joint Technical Committee Of The National School D...

Original Language Title: Arrêté du 5 janvier 2005 fixant les modalités de la consultation du personnel organisée en vue de déterminer les organisations syndicales appelées à être représentées au comité technique paritaire central de l'Ecole nationale supérieure d...

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JORF No. 9 of 12 January 2005 Page 490
Text N ° 2


ARRETE
Decree of 5 January 2005 laying down the arrangements for the consultation of organised staff with a view to determining the trade union organisations to be represented on the Central Joint Technical Committee of the School Top national font

NOR: INTC0500018A ELI: Not available


The Minister of the Interior, Internal Security and Local Freedoms and the Minister of Public Service and State Reform,
Given Law No. 83-634 of 13 July 1983 Amended relating to the rights and obligations of civil servants, together with the amended Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State;
Having regard to Decree No. 82-452 of 28 May 1982 relating to Joint Technical Committees;
In view of Decree No. 88-379 of 20 April 1988 on the organization of the National Police College, as last amended by Decree No. 2004-1062 of 1 October 2004;
In view of the Order of 8 October 2001 Establishing a Central Joint Technical Committee at the National Police College, Stop:

Item 1


A staff consultation at the National Police College is organized under the article 11, second paragraph, of the decree of 28 May 1982 mentioned above, in order to determine the trade union organisations to be represented on the Joint Technical Committee established by the order of 8 October 2001.
The date of the vote is fixed On 7 and 8 March 2005.

Article 2


Voters are the employees referred to in Article 15 of the Decree of 20 April 1988 referred to above, excluding Agents in position of availability, parental leave, parental leave, end of activity leave, or leave without pay.

Article 3


The list of electors shall be drawn up by the Director of the National Police College.
It shall be posted at least fifteen days before the date set for the consultation.
Within eight days after Display, electors may verify registrations and, if applicable, submit applications for registration. Within the same period, and for three days after its expiry, claims may be made against the entries or omissions on the list of electors.
The Director of the Higher National School of Police shall act without delay On these claims.

Article 4


Can present themselves to the consultation provided for in Article 1 of this Order the organisations Trade unions of officials referred to in the fourth paragraph of Article 14 of the aforementioned Law of 11 January 1984.
If none of these trade unions apply, or if the number of voters registered by the The list of electors is less than one-half of the employees who are eligible to vote, a second ballot shall be held to which any trade union of employees may participate.
The date of the second ballot shall be fixed by the Minister of The interior.

Article 5


For the first ballot, the nomination papers will be sent to the National Graduate School of Police no later than January 17, 2005.
These applications may be accompanied by a profession of faith and must mention the name of a delegate entitled to represent the trade union organization in all electoral
. The nomination papers shall be given to the delegate.
If a second ballot is held, the nomination papers shall be deposited under the same conditions on a date fixed by the Minister of the Interior.

Article 6


Applications that meet the conditions set out in sections 4 and 5 of this Order are displayed on ad panels At the National Police College on 27 January 2005.

Article 7


A single polling station shall be established with the Director of the National Police College, who chairs or designates a staff member of the national police design and management body for this purpose. This polling station shall carry out the enumeration of votes, observe the quorum, carry out the counting of the votes and proclaim the results.
The chairman of the polling station shall appoint a secretary. Each union organization presenting itself to the consultation delegates a representative to the polling station.

Article 8


The Electoral operations shall be conducted in public, from 8.30 a.m. to 5.30 p.m. without interruption.
Voting shall take place by secret ballot, in the ballot box and in the envelope.
Ballots and envelopes shall be established by the Administrative Services of The Ecole nationale supérieure de la police according to a model model.

Article 9


Voting may take place by mail order for agents On sick leave, on long-term or long-term leave, or in any other position of absence regularly authorized.
Voting by mail is as follows:
(a) The list of officers to vote by Correspondence shall be annexed to the list of electors through the care of the Director of the National Police College;
(b) The ballots and the necessary envelopes shall be transmitted by the Director to the persons concerned eight clear days at the Less before the date set for the consultation;
(c) The provisions laid down in a and b of this Article shall not apply to agents prevented from taking part in the vote due to operational requirements;
(d) The voter inserts his or her ballot In a first envelope (known as No 1), which he hid. This envelope, of the model fixed by the administration of the Ecole nationale supérieure de la police, shall not bear any mention or distinctive sign.
It then places this envelope n ° 1 in a second envelope (so called "No 2"), which it concedes, And on which he affixing his signature and legibly bears his name, first name, grade and assignment service.
Finally, he places this envelope n ° 2 in a third envelope (so called "No 3"), which he hid. This envelope No. 3, which is addressed to the National Police College, is addressed exclusively to the President of the polling station. It will have to send it before the close of the poll. Clearance of this envelope is supported by the administration.

Article 10


Receipt and enumeration of votes By correspondence shall be effected under the following conditions:
a) Immediately after the close of the poll, the polling station shall carry out a census of the votes obtained by correspondence.
The envelopes # 3 and the envelopes # 2 are
As envelopes number 2 are opened, the voters list is neat.
Envelope #1 is deposited, without being opened, in the ballot box containing the votes of the officers who voted directly to the ballot box;
b) Are Apart, without being opened:
-the envelopes number 3 reached at the polling station after the closing time of the poll;
-the envelopes No 2 on which the name, first name or signature of the voter do not appear, or on which IDs are unreadable;
-multiple envelopes # 2 received under the signature of the same agent;
-envelopes # 1 marked with a distinctive notation or sign;
-multiple number 1 envelopes under one Same envelope number 2.
The names of the electors from which these envelopes are issued are not stamped on the list of electors.
Also excluded, without being open, are the envelopes of electors who took part directly in the vote. In such a case, postal voting shall not be taken into account;

(c) A record of the operations defined in paragraphs (a) and (b) of this article shall be established by the polling station. The following shall be annexed to the Minutes the envelopes set aside without being opened, pursuant to paragraph b of this Article;
(d) Correspondence arrived after the close of the vote shall be returned to the parties concerned with the indication of The date and time of receipt.

Article 11


The polling station shall determine the number of voters on the basis of the number of votes cast. On the voters list.
If the number of voters is more than or equal to half of the voting members, the polling station shall proceed without delay at the counting of the votes.

Article 12


At the counting of the ballots, are not counted in the ballots validly cast the blank ballots, the ballots found in the ballot box without envelope, the ballots Raturated or shredded or carrying signs of recognition, multiple bulletins contained within the same envelope and designating different trade union organizations as well as non-conforming bulletins.
A record of the Count operations shall be established, to which the ballots shall be annexed.

Article 13


The polling station Accounts for all the votes cast on the trade union organizations in the presence.
The chairman shall draw up the general minutes of the election operations on which the number of voters, the number of voters, the number of voters, and the number of voters are carried. Votes validly cast, the number of votes cast and the number of votes obtained by each trade union organisation in attendance. The minutes shall be appended to the minutes and the spoiled ballots.
It shall, without delay, declare the results of the vote.

Article 14.


The polling station determines the electoral quota by dividing the total number of valid votes cast by the number of seats representing the staff to be filled.
Each union organization has Submitted to the staff consultation shall be entitled to as many seats of the staff representative as the number of votes collected by it shall contain the electoral quota. The remaining seats are allocated according to the highest average rule.
It is assigned to each trade union organization a number of seats of alternate representative equal to that of the seats of the holding representative obtained by that organization In accordance with the provisions of the preceding paragraph.
Within 15 days of the publication of the ministerial order for the distribution of the seats of the staff representative between the trade unions in the Committee Pursuant to the second paragraph of Article 8 of the decree of 28 May 1982 referred to above, each trade union organisation shall inform the Director of the Higher National School of Police of the names of the representatives to occupy the seats And the name of their alternates.

Article 15.


Without prejudice to the provisions laid down in the eighth paragraph of Article 14 of the aforementioned Law of 11 January 1984, challenges to the validity of the staff consultation shall be brought, within five clear days, to Count of the proclamation of the results, before the Director of the National Police College and, where appropriate, before the administrative court.

Article 16.


The Director of the National Police College is responsible for the execution of this Order, which will be published in the Official Gazette of the French Republic.


Done at Paris, January 5, 2005.


The Minister of the Interior,

of Internal Security

and local freedoms,

Dominique de Villepin

Le Public Service Minister

and state reform,

Renaud Dutreil


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