French General Code of Local Authorities
In forceI. - This article shall apply to services or parts of services that participate in the exercise of competencies of the State, the region of Guadeloupe or the department of Guadeloupe transferred to the collectivity of Saint-Martin.
These services are transferred in accordance with the terms and conditions set out in this chapter and in accordance with the terms and conditions defined below.
II. - Within eighteen months of the publication of the organic law no. 2007-223 of 21 February 2007 referred to above, one or more agreements concluded between the representative of the State in the collectivity of Saint-Martin and the president of the territorial council of Saint-Martin shall establish the list of services or parts of services which are, for the performance of their missions, made available to the collectivity. These departments or parts of departments are placed under the authority of the President of the Territorial Council.
Failing an agreement signed within the aforementioned timeframe, the list of services or parts of services made available is established by joint order of the minister responsible for overseas France and the minister concerned.
The terms and date of the definitive transfer of each department or part of a department are set by decree.
III. - Within eighteen months of the publication of the aforementioned Organic Law no. 2007-223 of 21 February 2007, one or more agreements concluded between the President of the Departmental Council of Guadeloupe and the President of the Territorial Council of Saint-Martin shall establish the list of services or parts of services which are, for the performance of their missions, made available to the collectivity of Saint-Martin. These departments or parts of departments are placed under the authority of the President of the Territorial Council of Saint-Martin.
Failing an agreement within the aforementioned timeframe, the State representative in the local authority benefiting from the transfer will propose a draft agreement to the two local authorities within one month. The presidents of the two local authorities have one month to sign the draft agreement sent to them. If the State representative fails to sign this draft agreement, the agreement is drawn up by order of the Minister for Overseas France.
The terms and date of the definitive transfer of each service or part of a service are set by decree.
IV. - Within eighteen months of the publication of the aforementioned Organic Law no. 2007-223 of 21 February 2007, one or more agreements concluded between the President of the Regional Council of Guadeloupe and the President of the Territorial Council of Saint-Martin shall establish the list of services or parts of services which are, for the performance of their missions, made available to the collectivity. These services or parts of services are placed under the authority of the President of the Territorial Council of Saint-Martin.
Failing an agreement within the aforementioned timeframe, the State representative in the community benefiting from the transfer will propose a draft agreement to the two communities within one month. The presidents of the two local authorities have one month to sign the draft agreement sent to them. If the State representative fails to sign this draft agreement, the agreement is drawn up by order of the Minister for Overseas France.
The terms and date of the definitive transfer of each service or part of a service are set by decree.
V. - The civil servants and non-tenured employees of the State and its public establishments, the civil servants and non-tenured employees of the department and region of Guadeloupe and their public establishments, assigned to services or parts of services placed, pursuant to the agreements or decrees mentioned in this article, at the disposal of the collectivity of Saint-Martin, are automatically placed at the disposal, on an individual basis, of the president of the territorial council of Saint-Martin and placed, for the performance of their duties, under his authority.
VI. - On the date of entry into force of the decree or decrees provided for in II setting out the definitive transfers of the departments or parts of departments to which they are assigned, the non-tenured public law employees of the State and its public establishments become non-tenured public law employees of the territorial public service under the conditions set out in article 110 of law no. 2004-809 of 13 August 2004 relating to local freedoms and responsibilities. They are then employed by the local authority of Saint-Martin.
VII. - On the date of entry into force of the decree or decrees provided for in III and IV fixing the definitive transfers of the services or parts of service to which they are assigned, the non-tenured public law employees of the territorial public service of the department and region of Guadeloupe become non-tenured employees of the collectivity of Saint-Martin.
VIII. - Within a period of two years from the date of publication of the decrees provided for in II setting out the definitive transfers of services, State civil servants carrying out their duties in a service or part of a service transferred to the collectivity of Saint-Martin may opt either for the status of territorial civil servant or for maintaining the status of State civil servant under the conditions provided for in II and III of the article 109 and to the article 111 of the aforementioned loi n° 2004-809 du 13 août 2004.
IX. - On the date of entry into force of the decree or decrees provided for in III and IV setting out the definitive transfers of services, civil servants in the territorial public service carrying out their duties in a service or part of a service transferred to the local authority of Saint-Martin may opt either for a transfer to the local authority of Saint-Martin or to retain their assignment in the local authority that employed them prior to the transfer.
If the civil servant opts to remain in the local authority that employed him prior to the transfer of the service or part of the service, he remains on secondment to the local authority of Saint-Martin for a maximum period of eighteen months. This period may be reduced at the request of the local authority of Saint-Martin, which in this case benefits from the concomitant reimbursement of the remuneration of this agent until such time as this charge, after having been included in its right to compensation following the opinion of the consultative commission for the evaluation of charges provided for in article LO 6371-6, soit compensée.
X. - However, State civil servants currently seconded to the department or region of Guadeloupe in application of III of article 109 of the aforementioned law no. 2004-809 of 13 August 2004 and assigned to a service or part of a service transferred to the collectivity of Saint-Martin shall be reintegrated into their original corps to order. They are then governed by V and VIII of the present article.
