Mr. Emile Blessig draws the attention of the Minister of Budget, Public Accounts, Public Service and State Reform to the possibility of making agents available to an association. The resumption of the management in management of the reception of free activities without accommodation (ALSH) by an EPCI was accompanied by a transfer of the employees of an association, former delegate of public service, in the staff of the EPCI in as non-permanent agents on permanent contracts public Law. The EPCI wishes to be able to make some of these contractual agents available, for a limited period (1 month), of an association that operates in the extension of the EPCI action on ALSH and is frequented by the same children in summer. There is therefore a close link between the activity of the association and the competence of the EPCI in matters of childhood. Article 136 of the law n ° 84-53 of January 26, 1984 laying down the statutory provisions relating to the territorial civil service provides that these agents can be made available only in limited cases listed. With regard to the EPCIs, its non-permanent agents with permanent contracts public Law can only be made available to a member municipality or to one of the public institutions attached to it. It therefore asks it to indicate to it the conditions under which the provision to an association exercising a mission of general interest, of agents under a public-law contract, may be considered.
Ministerial Response No. 112231 of October 18, 2011
The rules for making available to territorial civil servants are laid down in Articles 61 et seq. Of Law No 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial public service. The availability being, by nature, a statutory situation, the legislator has strictly declined this device to non-permanent agents. For the territorial civil service, it is the law n ° 2007-209 of February 19, 2007 relative to the territorial civil service which modified the article 136 of the law of January 26th, 1984 mentioned, to authorize, in limited cases enumerated , making available to non-permanent agents beneficiaries of a contract of public law of indefinite duration. This modified article, while opening up a mobility route to a certain category of non-titular agents, has thus intended to circumscribe these deliveries between a collectivity and a public institution attached or with a public institution of intercommunal cooperation of which it is Member State, or a public body attached to the public inter-municipal cooperation establishment of which it is a member. The aim here was to find a balance between the openness to mobility of non-permanent staff and the impossibility of creating genuine careers for them, while ensuring, in accordance with the principles set out in the Staff Regulations, that non-titular staff would continue to be recruited solely to meet the direct needs of a community and not to meet any external needs. If it is not possible to make non-permanent agents available to an association exercising a mission of general interest, there is nothing to prevent that association from being made available to officials under the conditions laid down in Article 61-1 of the Law of 26 January 1984.