Decree No. 2011-659 of 1 June 2011
Fixing the powers, composition, organisation and functioning of the Higher Council of the Local Civil Service

PRESENTATION REPORT

Article 18 of Law No. 2011-08 of March 2011 on the General Status of Civil Servants of Local Authorities establishes a Higher Council of the Local Civil Service.

The Higher Council of the Local Civil Service is advisory in nature. It gives its opinion on all matters of interest to civil servants in the local authorities or the civil service. In particular, it is called upon to give its opinion on projects relating to the general status and the specific statutes of officials of officials of local authorities.

This decree is structured around three chapters:

-Chapter 1: responsibilities of the Higher Council of the Local Civil Service;

-Chapter 2: composition of the Higher Council of the Local Civil Service;

-Chapter 3: Organisation and operation of the Higher Council of the Local Civil Service.

This is the economy of this draft decree.

The President of the Republic,

Having regard to the Constitution, in particular Articles 43 and 76 thereof;

Given the Local Government Code, as amended;

In view of Act No. 2011-08 of 30 March 2011 on the general status of officials of local authorities;

In view of Decree n ° 2010-925 of 08 July 2010 on the distribution of state services and the control of public institutions, national societies and public participation societies between the Presidency, the Primature and the Ministries, Modified;

In view of Decree No. 2011-80 of 18 January 2011 concerning the composition of the Government;

On the opinion of the Supreme Court, meeting on 13 July 2010;

The report of the Minister for Decentralisation and Local Government;

Decrete:
Article 1. - This Order, made in
Application of Article 18 of Law No. 2011-08 on the general status of officials of local authorities, lays down the powers, composition, organisation and functioning of the Higher Council of the Local Civil Service.

Chapter I. -Allocation of the Council
Local public service superior

Art. 2. An advisory body, the Higher Council of the Local Civil Service provides advice and recommendations on all matters of a general nature affecting local government officials and the local civil service. The President or a third of its members shall have such questions referred to it

Article 3. - The Commission also advises on specific issues such as:

-the special status of each cadre of officials of local authorities;

-the interpretation of the provisions of the general statutes of officials of local authorities and of the special statutes;

-the identification of the constituent elements of the compensation scheme for civil servants in local communities;

-the organisation and development of the working methods of local services;

-the opinion on the executive clearance decrees provided for in Article 89 of the General Staff Regulations of officials of local authorities.

Chapter 2. -Composition of the Higher Council of the Local Civil Service

Article 4. - The Higher Council of the Local Civil Service, under the chairmanship of the Minister responsible for Local Government, also includes twenty members as follows:

-eight representatives from the Administration;

-six representatives of officials of the local authorities selected on the proposal of the most representative professional organisations;

-six representatives of local elected representatives, two in order of local authorities.

Article 5. - The Authority's representatives are:

-a representative of the Presidency of the Republic or his deputy;

-a representative of the Supreme Court or his alternate;

-a representative of the Prime Minister;

-the Director-General of the Public Service or his deputy;

-the Director-General for Labour and Social Security or his deputy;

-the Director of the Budget or his alternate;

-the Director of Decentralisation or his alternate;

-the judicial officer of the State or his deputy.

Article 6. - The members of the Higher Council of the Local Civil Service and their alternates shall be appointed by order of the Minister responsible for Local Government, under the conditions laid down in Articles 4 and 5 of this Decree.

Art. 7. - The duties of a member of the Higher Council of the Local Civil Service are free of charge.

Travel costs may, however, be paid in accordance with the conditions laid down in the regulations applicable to state officials.

Art. 8. Members of the Higher Council of the Local Civil Service, representing the Administration and representatives of local elected representatives, shall be appointed for a renewable term of three years.

They shall lose their membership at the same time as they cease to perform the duties under which they have been appointed.

Members representing an organization
Members shall cease to be a member of the Council if this organisation so requests or if it has undergone fundamental organic changes.

In both cases, the termination of the mandate shall be established by the Minister responsible for Local Government.

It is in this case, new
Designations under the conditions set out in Article 6 of this Decree.

Article 9. - In the event of a vacancy in the office of the holder or an alternate as a result of death, resignation or any other cause, the appointment of a new member shall be made, in accordance with the conditions laid down in Article 6 of this Decree. Shall cease upon the next renewal of the Council.

Chapter 3. -Organization and operation
Board of Governors
From the local civil service

Article 10. - The Higher Council of the Local Public Service shall meet in plenary session, necessarily in ordinary session every six months, or in extraordinary session on the convocation of its President or on the written request of at least one third of the Incumbent members.

Article 11. - The agenda of the meeting of the Higher Council of the Local Civil Service shall be addressed to the members of the said Council fifteen days before the date of the meeting.

Article 12. - The Secretariat of the Higher Council of the Local Civil Service is provided by the Director of Local Government.

The secretariat of the Council shall centralise all files and requests communicated to it by the local authorities and the Administration, or by the members of the Council.

It reviews files and applications and submits them for instruction to the Minister responsible for Local Government.

It shall draw up the minutes of the meetings. These minutes shall be forwarded to the members of the Higher Council of the Local Civil Service.

13. - The Council appoints rapporteurs to present the items on the agenda. The Council's conclusions and opinions are recorded in the Minutes of the sitting.

In the absence of consensus, the opinions and conclusions shall be adopted following a vote.

Art. 14. - The Council may join any relevant jurisdiction in the performance of its mission.

Article 15. - On the proposal of its President, the Higher Council of the Local Civil Service may be called upon to provide information to the National Advisory Council on Labour and Social Security for the consideration of any matter concerning the Workers in local communities governed by the Labour Code.

Chapter 4. -Final provisions.

Art. 16. - All provisions contrary to this Decree shall be repealed, in particular Decree No. 71-1206 of 09 November 1971 fixing the duties and
The organization of the Higher Council of the Common Civil Service.

Article 17. - The Minister of State, Minister of Public Service and Employment, and the Minister of State
Decentralization and local communities are
Entrusted, each as far as it is concerned, with the execution of this Decree, which shall be published in the Official Journal.

Done at Dakar, 1 June 2011

Abdoulaye WADE.

By the President of the Republic:

The Prime Minister,

Souleymane NDene NDIAYE.