Question 13293 — territorial civil service

Summary

Mr. Grégory Besson-Moreau draws the attention of the Minister of Action and Public Accounts to the difficulties raised by the replacement of permanent civil servants placed on long-term availability in municipalities with less than 1,000 inhabitants. Article 3 of Law No. 84-53 of January 26, 1984 laying down statutory provisions relating to the territorial civil service provides that communities “may temporarily recruit agents contractual to cope with: either a temporary increase in activity for a maximum period of twelve months, taking into account, where applicable, the renewal of the contract, for the same period of eighteen consecutive months; or a seasonal increase in activity, for a maximum duration of six months, taking into account, where applicable, the renewal of the contract, for the same period of twelve consecutive months. Article 3-3 of the The same law provides that, as an exception, permanent jobs may be held on a permanent basis by contract agents for town hall secretary jobs in municipalities with less than 1,000 inhabitants and for non-full-time jobs in the same municipalities when the working time ratio is less than 50%. The law therefore does not provide for any exemption for jobs other than town hall secretary exercised in the said full-time communities. In many small rural communities, there is often only one full-time agent, most of the time a technical agent. If the layoff of such a permanent agent exceeds one year, it is not possible, according to article 3, to continue to replace him with a non-permanent agent under public law contract and the post would have to be declared vacant and the statutory procedures followed. The municipalities concerned cannot, however, do without the position in question to ensure the continuity of the space maintenance service. To this end, they would simply like to be authorized to renew the contracts of the agents who provided the replacement. At a time when the financial and human resources of small municipalities are even more limited than those of any other category of public authority, and when many citizens are unemployed in isolated rural areas, he asks if it can be considered to extend the system provided for in article 3-3 to all jobs in municipalities with less than 1,000 inhabitants.

Machine translation from French. The official text remains authoritative.

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