Subsection 1: Composition and operation (R)

The departmental advisory commission, referred to in articles L. 1424-20, L. 1424-21and L. 1424-36, is established by prefectoral order. This decree is published in the prefecture’s administrative records (recueil des actes administratifs). His duties automatically expire when all of the agreements mentioned in articles L. 1424-13, L. 1424-14 and L. 1424-17 is signed, or, failing that, six months before the five-year deadline set in these articles.

The election of the department’s representatives to the commission and the elections provided for by the decree no. 96-1005 of 22 November 1996 relating to the installation of the first boards of directors of the departmental fire and rescue services for the appointment of the department’s representatives to the first board of directors of the departmental service may take place on the same day. The procedures for this election are…

The election to the commission of the representatives of the communes and public establishments for inter-communal cooperation with competence in fire and rescue services is organised by the prefect. The Prefect issues a decree setting out the timetable for the elections and the list of electors, which is made up of the mayors of the department and the chairmen of the said public bodies. These representatives are elected by proportional…

The election of the representatives of the municipalities and public establishments for inter-municipal cooperation shall take place at the same time as those provided for by the décret n° 96-1005 du 22 novembre 1996 relatif à l’installation des premiers conseils d’administration des services départementaux d’incendie et de secours pour la désignation des représentants des communes et des établissements publics de coopération intercommunale au premier conseil d’administration du service départemental.

Candidate lists for the election of representatives of municipalities and public establishments for inter-municipal cooperation comprise twice as many names as there are seats to be filled. No one may be a candidate under different categories. Lists are lodged at the prefecture on a date set by the prefect’s order provided for in article R. 1425-5. No list may be modified after this date, except in the event of death…

Voters vote for a complete list, without adding or deleting names and without changing the order of presentation. Each ballot paper is inserted in a double envelope: the inner envelope bears no mention or distinctive sign; the outer envelope bears the words “Elections of representatives of communes and public establishments of inter-communal cooperation to the departmental consultative commission”, an indication of the name and capacity of the voter, and his…

Votes for the election of representatives of the communes and public establishments for inter-municipal cooperation are counted by the commission set up in article 18 of the décret n° 96-1005 du 22 novembre 1996 relatif à l’installation des premiers conseils d’administration des services départementaux d’incendie et de secours. A representative of each list may monitor the ballot counting operations. In the event of a tie in the allocation of the…

The term of office of a member of the commission ends when he loses the capacity in which he was called to sit. In the case of a departmental representative, the departmental council elects a replacement. In the case of a representative of the municipalities and public establishments for inter-municipal cooperation, he is replaced by the first non-elected candidate on the same list. Failing this, a by-election is held in…

The chairman of the commission shall be elected by an absolute majority of the votes cast. If this election is not won after the first two rounds of voting, a third round shall be held and the election shall take place by a relative majority of the votes cast. In the event of a tie, the election shall be won by the benefit of age.

The commission meets when convened by the chairman, either on his own initiative, or at the request of one-third of the members, or at the request of the prefect. The commission may only validly decide when at least two-thirds of its members are present. If the quorum is not reached, it is automatically convened three days later. It may then take a decision without a quorum being required. The commission…