1-4-1-1 article 7 of the law, amending the item L 412-49 of the code of the communes, poses in rule that the police officers municipal, whatever their grade, can be only territorial officials. The law thus clearly prohibits the recruitment of agents “back-up troops” exerting of the missions of municipal police, apart from the known as framework of employment, and in particular use of local staff of social mediation, of which, with the surplus, it is not the vocation.

The municipal will have to belong to the framework of employment existing of the police officers municipal whose particular status is fixed by the decree 94-732 of August 24th, 1994 or with the framework of uses of the agents of managing staff of municipal police of category B, which must be created soon.

I indeed indicated in front of the national representation that a bearing decree creation of a framework of uses of the agents of managing staff of municipal police concerned with the category B would be enacted soon after being forwarded to the opinion of the Superior council of the territorial public function. The agents of category B will have vocation to ensure the managing staff of the municipal , for which the framework of employment to come will constitute an outlet of career.

According to 2nd subparagraph of the item L 412-49 new of the code of the communes, resulting from article 7 of the law, the police officers municipal are appointed by the mayor, are approved by the representative of the State and the public prosecutor, then sworn in.

1-4-2-1 the innovation of the law thus consists of the introduction of a double approval of the municipal . I recall you that these agents were approved by the public prosecutor alone, since the law 82-213 of March 2nd, 1982.

The law of April 15th, 1999 appreciably extends the scope of municipal judicial police of the police officers, but it devotes also the participation of these agents to the missions of security, in particular within the framework of the local police.

This is why the legislator provided for, in addition to the approval of the prosecutor, whose utility is strengthened by new competences of municipal judicial police of the police officers, the approval of the prefect, justified by the participation of these agents in the administrative font.

It is up to the mayors to forward to you the applications of their agents, as of their appointment in the capacity as trainee. You will remind the meeting to them that the absence of double approval does not make it possible to the trainees to exert indeed their missions of municipal police nor of being established. It will belong to you for these reasons to examine with celerity the applications.

In practice, it would be desirable that approvals can be delivered for the first period of training course, devoted to the theoretical party of their initial training of implementation, so that the agents can be quickly operational on the ground.

These requests will lead you to check that these agents fulfill the requirements of standing and morality to which any actor of public safety must answer. You , under the usual conditions, the surveys necessary to this approval.

1-4-2-2 These will be two decisions of approval distinct which will be delivered with the municipal , one emanating from the public prosecutor, the other of yourself. It is advisable to exclude any formula from single decision signed jointly by the prefect and the public prosecutor. The decisions will be able to thus follow one another in time, without obligation of co-operation between the prosecutor and the prefect.

The refusal opposed by one of the two competent jurisdictions to approve is enough to exclude approval and the later . The same applies to the suspension or the withdrawal of approval (point 1-4-2-4). In other words, if approval is double, the refusal, the withdrawal or the suspension of approval can be taken by only one of these two authorities.

The refusal of approval has as a consequence which the municipal cannot be established. The trainees are then laid off or, if they had the quality of officials, reinstated in their body, tallies of uses or use of origin.

The silence of the administration is worth refusal of approval, with the expiry of the period of four months common right. The parliamentary debates show indeed clearly that the legislator intended to draw aside any regime of implicit approval. I recall you finally that the refusal of approval constitutes an administrative decision, while at the same time it would be taken by the public prosecutor (THIS Opinion September 29th, 1987). Its law business thus arose with the competence of the administrative judge (THIS Ville February 3rd, 1993 of Valence, . 128.715).

1-4-2-3 being the field of application of the law, its article 11, which amends the item L 441-1 of the code of the communes, has as a consequence that the specificity of the regime of the departments of Alsace and the Moselle, which held with the municipal absence of approval of the police officers, disappears. In these departments, the municipal will thus be the subject of a double approval, like the agents in function in the other departments.

1-4-2-4 article 412-49, new subparagraph 3 of the code of the communes has that approval can be withdrawn or suspended by the representative of the State in the department or by the public prosecutor, after consultation the mayor.

Because of the standing and morality awaited of the municipal , in their capacity as actors of public safety, done everything relating to the behavior of interested of which you would have the knowledge, which would be likely to carry seriously reached to these requirements must normally result in a withdrawal of approval. The same applies to systematic refusal to follow an obligatory continuing education or negligence constant and repeated with regard to the legal requirements on the matter, these facts blaming the respect which had by the police officers municipal with the missions which are entrusted to them.

The suspension, as for it, will correspond to the cases in which the seriousness of the facts is such as the hold in function cannot be allowed.

In any event, the law imposes that you take the fastener of the mayor, before any decision. Your decision will have to be justified. Except urgency justifying, in particular, the suspension of approval, the decision must be preceded by a contradictory procedure.

Legal logic implies that only agents doubly approved, i.e. those which will be appointed after the coming into effect of the law and those which, appointed before the aforementioned, will have been approved by the prefectoral authority at the latest six months after the publication of the law, will be able, as a need, to be the subject of a withdrawal or a suspension of approval of your share.

The law in addition repeals the item L 414-24 of the code of the communes, which provided that the mayor can suspend or revoke the police officers municipal. This abrogation is the consequence of the provisions of the law 84-53 of the bearing January 26th, 1984 statutory provisions relating to the territorial public function, which defines, for the police officers municipal as for the unit of the territorial public function, the conditions of suspension and revocation. The abrogation of this item thus corresponds only to the alignment of the statutory regime of the police officers municipal on the regime of common right of the whole of the territorial officials, without amendment of the capacities of the mayor on the matter.

It is on this subject advisable not to confuse the suspension of approval, taken by the prefect or the public prosecutor, and suspension of the official, conservative measure taken by the line authority, in fact the mayor. The second could however be the consequence of the first, but it will be taken under the only responsibility of the mayor.

1-4-2-5 articles 7 and 25 of the law provide, in the case of a withdrawal of approval, that the official can be reclassified under the same conditions as those provided for by articles 81 (except the second subparagraph) to 86 of the law of the bearing January 26th, 1984 statutory provisions relating to the territorial public function.

Thus, reclassification can take place within a framework of employment, uses or body of a higher, equivalent or lower level, according to the procedures retained by the particular statuses of these frameworks of employment, employment or body, pursuant to the legislation relating to the contests and internal promotion, notwithstanding the higher age limits, if they meet the conditions of seniority fixed by these statutes (article 82).

In the same way, when the official asks it and that its territorial authority accept it, it can be detached, after opinion of the qualified equal administrative Commission, within another framework of uses of equivalent or lower level to exert there new functions for which this approval is not necessary (article 83). This detachment can be followed by an integration.

However, if the facts having led to the withdrawal of approval concern disciplinary measures, it is advisable to resort to the procedures of common right provided for as regards disciplinary proceedings (articles 29 and 30 of the law of the above mentioned July 13rd, 1983 and article 89 of the law of the above mentioned January 26th, 1984).

If necessary, the situation of the agent can lead the municipal authority to resort to a dismissal for personnel shortage, after observation of the procedure provided for with regard to disciplinary matters (articles 29 and 30 of the law of the bearing July 13rd, 1983 rights and obligation of the officials and article 89 of the law of the above mentioned January 26th, 1984).

It is advisable in any event to insist on the fact that to in no case the withdrawal of approval cannot lead to automatic dismissal an “.”

The missions entrusted to the municipal justify the obligation of formation in the course of career instituted by article 18 of the law. For the time being, only the initial training of implementation constitutes a statutory obligation.

The obligation of continuing education thus founded will make it possible to maintain or perfect their professional qualification and their amendment to the functions which are reserved for them. This formation is entrusted by law to the National center of the territorial public function, which will be able to pass Convention to conclude it with the services of the head office of the national police force or the head office of the national police, as that is already the case for obligatory initial trainings.

The achievement of this formation will give place to the payment of a royalty specific versed to the National center of the territorial public function by the communes employing the agents concerned.

The texts specifying the details of implementation of this obligation (interval, duration, contained etc) will be submitted soon to the Superior council of the territorial public function.

This obligatory continuing education is a minimal obligation and is not exclusive the other continuing educations exempted in the course of career of which can in addition profit the agents from the territorial public function pursuant to the law of July 13rd, 1984 relating to the formation of the agents of the territorial public function.

The applicable provisions as regards disability are organized by the bonds V and VI of the decree 65-773 of September 9th, 1965 relating to the regime of retreat of the officials affiliated to the National bank of retreat of the agents of local government agencies .

These provisions constitute the common right applicable to the officials who belong to the and which acquired rights to boarding house being able to be liquidated.

The widow survivor's pension of widow, divorced, widowed, divorced, is equal to half of the boarding house whose agent profited or could have profited at the day from its death. With this boarding house is added:

- half of the revenue of disability which was or would have been allotted to the agent;

- half of increase for children whom obtained or whom could have obtained the agent in the condition which the surviving spouse raised the children under the same conditions as the author of the right.

The orphans can claim with a main boarding house equal to 50% of the boarding house and possibly from the revenue of disability which has or which would have obtained the agent if the surviving spouse (or ex-unites) cannot claim with a widow survivor's pension, i.e.:

- if the widow or divorced died or unfitted to obtain a boarding house or its rights,

- if the widower or divorced is not recognized not reached of an infirmity or a terminal illness making it impossible for it to work.

Increase for children is not reversible with the profit of the orphans.

Article 20 of the law lays down, as from the coming into effect of the law, the more favorable provisions as regards survivor's pensions widow of joint and orphans of municipal police officers killed during a police operation or died in service and cities with the command of the Nation.

For the calculation of the boarding houses and life annuities of disability allotted to having causes these officials, the emoluments selected are those related with the index corresponding to the grade or level to which are promoted on a purely posthumous basis the officials deceased.

For this reason, the total of the boarding houses and the revenue of disability conceded with the spouse and the orphans is high with the cumulated amount of the boarding house and the revenue of disability from which could have profited the agent. Consequently, having them cause perceive 100% of the boarding house which would have been allotted to the agent. “

Article 23 of the law lays out that the Convention of coordination, when it is obligatory (case of the services containing at least 5 uses of police officer municipal), will have to be signed in the 6 months which will follow the publication of the decree as a Council of State by determining the standard clauses.

Until this date, the municipal police will be able to continue to function as they do it today. The mayor thus preserves any latitude to entrust to the service placed under his authority, in the respect of the law, all the missions which it considers necessary. The night-work remains possible, as indicates it expressly subparagraph 2 of article 23, until the expiry, at the latest, of the 6 months deadline which will follow the publication of the decree.

This transitory regime is also applicable in the communes whose payroll of the police service municipal, of less than 5 employment to the publication date of the law, would be changed to at least 5 between this last date and the publication date of the decree. In these last communes, the night-work will thus remain possible until the expiry of the 6 months period which will follow the publication of the decree.

Article 25 specifies that the police officers municipal in function with the effective date of the law do not have to again request the approval of the public prosecutor, since they are already titular. Only thus the municipal of the departments of Alsace and the Moselle will have to request a double approval, since they are not approved today (point 1-4-2-3). Subject to this case, the mayors of the communes employing of the police officers municipal have thus to request for their agents only your only approval.

This approval must be obtained six months at the latest after the publication of the law. Until the expiry of this time, they continue to exert their functions under the conditions provided for by the former legislation.

The computation of this time is independent of the date of application by the mayors concerned. I thus invite you to immediately inform the latter of these provisions, so that they forward to you as soon as possible, and in their own interest, the applications of their police officers municipal. You will recall them in this respect the negotiable instrument of the expiry of the six months period provided for by article 25 of the law, while insisting on the absence of any regime of implicit approval.

I draw your attention to the fact that in the absence of decision of your share at dated October 17th, 1999, the approval of the agents in function thus will be regarded as refused.

I thus invite you to quickly inform the applications which will be forwarded to you.

Being oneself agents already approved by the public prosecutor, they are reasonable to leave it, except typical example, with a deadline for two months reply as from the request.

In addition, I draw your attention to the municipal situation of the police officers which are trainees with the effective date of the law. These agents can continue to exert their functions during their training course, under the conditions provided for before with the publication of the law. Thus, only those which followed initial training and were approved by the public prosecutor can exert the missions of municipal police, limited with those which were reserved for them before the publication of the law. It is advisable to invite the mayors to forward the applications as soon as possible to you with regard to them so that you can discuss them firstly. If it could not be ruled on this request before the end of the statutory training course of the agent concerned, the absence of decision of approval could not constitute a reason for refusal of establishment. But the new holder could not exert the whole of the missions of municipal police provided for by the law.

The law provides for a transitory regime concerning the armament of the police officers municipal, hitherto governed by the only provisions of article 25 of the decree 95-589 of May 6th, 1995.

The item L 412-51 of the code of the communes lays out that the armament of the police officers municipal is subordinated to the existence of a Convention of coordination. Article 23, subparagraph 3 lays down, following the example transitory regime planned for the night-work (point 2-1), that the new relative tendencies with the armament will be applicable as from the signature of the Convention of coordination and, at the latest, with the expiry of the 6 months period as from the publication of the decree by determining the standard clauses.

It should be added that they are also subordinated to the publication of the decree provided for by the item L 412-51 of the code of the communes (article 8 of the law), specifying, by type of mission, the circumstances and the conditions under which the police officers municipal can carry a weapon, as well as the categories and the types of weapons which will be authorized.

This decree will quickly be published.

Until there, the municipal equipped with weapons of 1st or 4th categories will be able to continue to carry them, whatever is the type, in accordance with the right in force.

I on the occasion to indicate in front of the national representation who it was desirable that the armament of the police officers municipal consists of certain weapons of 4th category and/or 6th category.

I invite you under these conditions, if you are seized meanwhile by certain mayors of requests for authorizations or renewal of authorizations of detention of weapons, to draw their attention to the fact that the decree to come will take again this general economy.

You will indicate to them that if you must, under the terms of the applicable duty to the signature of the Convention of coordination, to grant these requests, the authorizations which you will deliver will be precarious and revocable, because of the provisions of the decree to come relating to the armament.

It is advisable, as far as possible, to postpone any new authorization, in waiting of the publication of this text.

These provisions will come into effect 18 months after the publication of the decree which will fix the common characteristics of them, to take account of the material and budgetary constraints which they are likely to involve for the renewal of the equipment and the behaviors of uniforms.

I invite you to make me share, under these stamps, of the possible difficulties which you would encounter in the implementation of the provisions above with accompanying notes, being recalled that several of them will be specified at the time of the publication of the decrees on enforcement of a law of the law.

Jean-Pierre