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35599

Question 35599 — elected officials

answeredFrance· National Assembly· FR

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5 August 2021

Summary

Mr. Guillaume Gouffier-Cha questions the Minister of Territorial Cohesion and Relations with Local Authorities on the terms of reimbursement to municipal elected officials by the municipality of their childcare or assistance costs. The Commitment and Proximity law made it compulsory for the municipality to reimburse municipal elected officials for their childcare or assistance costs in order to enable them to more easily attend meetings linked to the exercise of its mandate. This coverage concerns the costs of childcare or assistance to elderly people, disabled people or people needing personal help at home (article 91 of the law). This is one of the rare measures aimed at promoting parity in politics and the rejuvenation of local elected officials. This measure could in particular allow single parents, and in particular mothers of single-parent families, to commit finally in democratic life. The MP is particularly concerned when reading the conditions of this compensation that a decree published on August 1, 2020 specified. This requires that the municipality's deliberation on the reimbursement of costs incurred by elected officials allows it to “exercise control”. The elected officials concerned must therefore justify - that the care for which reimbursement is requested concerns children aged under sixteen years of age, elderly people, people with disabilities, or people in need of personal assistance whose care by members of the municipal council at their home is prevented by participation in one of the meetings mentioned in article L. 2123-1, by means of supporting documents; - that the custody or assistance took place at the time of one of the meetings mentioned in article L. 2123-1; - the regular and declared nature of the services of the natural or legal persons involved, on the basis of the supporting documents provided; - the subsidiary nature of the reimbursement in support of a sworn declaration signed by the elected official: its amount cannot exceed the actual remaining liability, after deduction of any financial aid and any credit or tax reduction from which the elected official otherwise benefits. If the intention to limit the excesses are laudable, how will municipal councilors and the administration be able to provide all these supporting documents for a bonus of around ten euros per municipal council meeting? Several municipal elected officials warn of the gas factory nature of the drafting of this decree. In the current wording, only mayors and deputies will be able to benefit from this measure. As such, the MP wishes to know how many municipalities have already taken a deliberation to be able to dispose of this measure. Have requests for compensation already been submitted to the ministry by witness municipalities with 3,500 inhabitants? Could a relaxation of the justifications, moving towards a possibility of a flat-rate bonus per municipal council for elected officials having young children or being caregivers, be considered? He wants to know the answers to these questions.

Machine translation from French. The official text remains authoritative.

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