Question 1146 — territorial civil service

Summary

Mr. Régis Juanico questions the Minister of Action and Public Accounts on the conditions of access to the ranks of administrator and senior engineer in the territorial civil service. Decree No. 2017-556 of April 14, 2017 modified the employment framework for territorial administrators and chief engineers. Article 15 of Decree No. 87-1097 on the status of territorial administrators and its paragraph 2 impose an obligation to two-year mobility to reach the rank of senior administrator. By analogy, the rule is identical for engineers outside class (see article 21 of decree no. 2016-200 relating to the status of chief engineers). The periods considered as mobility have been extended to civil servants on secondment for the exercise of a union mandate, thus recognizing the union commitment which is undoubtedly an involvement professional and which very often comes at the expense of a career. However, this regulatory modification which governs the case of agents on secondment does not address the question specific to the territorial civil service of agents made available to national trade union organizations under article 100 §2 of law no. 84-53 and decree no. 85-397 (articles 19 et seq.). The aforementioned texts, which concern 103 agents territorial officers financially supported by the State within the framework of the DGF, demonstrate that they are nevertheless in the same situation as the agents on secondment to a trade union organization referred to in 13° of article 2 of decree no. 86-68. It results from the very letter of the ministerial decree of February 12, 2015 that “these agents of the territorial public service are made available to trade union organizations to exercise a mandate at the national level. Obviously, they carry out different professional functions outside the local community and remain under the direct authority of their federation which is in fact their employer. He also asks him to specify whether the modification of Decree No. 2017-556, by extension, allows communities to recognize union experience accomplished within an organization within the framework regulation of the mobility requirement or if the Government intends to distinguish the two situations, which nevertheless have the same ambition, namely to provide civil servant union organizations with the means to operate at national level.

Machine translation from French. The official text remains authoritative.

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