French General Code of Local Authorities
In forceI. - All of the staff of the Lyon Urban Community automatically come under the authority of the Lyon Metropolis, under their own conditions of status and employment. Employees retain, if they have an interest in doing so, the benefit of the compensation scheme that was applicable to them as well as, on an individual basis, the benefits acquired in application of the third paragraph of article 111 of law no. 84-53 of 26 January 1984 on statutory provisions relating to the local civil service.
The I bis of article L. 5111-7 is applicable.
II. - The departments or parts of departments of the municipalities that participate in the exercise of the competences mentioned in Article L. 3641-1 and attributions mentioned in 9 of I of Article L. 3642-2 are transferred to the Metropole of Lyon, under the conditions set out in Article L. 5211-4-1. For the application of this same article, the territorial authority is the president of the metropolitan council.
I bis of article L. 5111-7 is applicable.
III. - The departments or parts of departments of the département that participate in the exercise of the competences mentioned in Article L. 3641-2 are transferred to the Lyon metropolitan authority under the conditions defined below.
The date and terms of this transfer are the subject of an agreement between the department and the metropolitan authority, taken after the opinion of the territorial social committee competent for the department and for the metropolitan authority. However, in the interests of good organisation of services, this agreement may stipulate that the department retains all or part of the service concerned by the transfer of competencies, due to the partial nature of the latter.
Failing an agreement reached before 1st April 2015, the State representative in the department shall propose, within a period of one month, a draft agreement to the president of the departmental council and the president of the metropolitan council. They have one month to sign the draft agreement submitted to them. If they fail to sign the draft proposed by the State representative, the date and terms of the transfer are established by order of the minister responsible for local authorities.
Pending the definitive transfer of the services or parts of services and with effect from 1 January 2015, the chairman of the metropolitan council gives his instructions to the heads of the departmental services responsible for the transferred powers.
On the date of entry into force of the definitive transfers of the services or parts of service to which they are assigned, the non-tenured public law agents of the département exercising their functions in a service or part of service transferred to the metropolis become non-tenured agents of the metropolis and the territorial civil servants exercising their functions in a service or part of service transferred to the metropolis are assigned ipso jure to the metropolis.
Agents retain, if they have an interest in doing so, the benefit of the compensation scheme that was applicable to them as well as, on an individual basis, the benefits acquired in application of the third paragraph of article 111 of the aforementioned law no. 84-53 of 26th January 1984. Non-tenured staff retain, on an individual basis, the benefit of the stipulations of their contract. Services previously completed as a non-tenured employee of the department are assimilated to services completed in the metropolis.
In terms of supplementary social protection, employees retain, if they have an interest, the benefit of the contributions that were applicable to them under a label provided for in article 88-2 of the aforementioned law no. 84-53 of 26 January 1984.
State and hospital civil servants on secondment to the department on the date of the transfer and assigned to a service or part of a service transferred to the metropole of Lyon are placed in a position of secondment to the metropole of Lyon for the remaining duration of their secondment.
IV. - The State departments or parts of departments that participate in the exercise of the competences mentioned in article L. 3641-5 are made available to the metropole by the agreement provided for in the same article.
V. - The State departments or parts of departments that participate in the exercise of the competences mentioned in article L. 3641-7are transferred to the metropolis of Lyon, under the conditions provided for in articles 80 to 88 of law no. 2014-58 of 27 January 2014 on the modernisation of territorial public action and the affirmation of metropolises. For the application of these same articles, the territorial authority is the president of the metropolitan council.
