French General Code of Local Authorities
In forceThe maximum allowances voted by the council or committee of a syndicat de communes, communauté de communes, communauté urbaine, communauté d'agglomération and métropole for the actual performance of the duties of president and vice-president are determined by a Conseil d'Etat decree by reference to the amount of the salary corresponding to the terminal gross index of the civil service index scale. The allowance paid to the chairman of the council of a metropolis, of an urban community of 100,000 inhabitants or more, of a conurbation community of 100,000 inhabitants or more and of a community of communes of 100,000 inhabitants or more may be increased by 40% in relation to the aforementioned scale, provided that the total amount of the maximum allowances likely to be allocated to the members of the deliberative body is not exceeded without taking account of the said increase.
The total amount of the allowances paid must not exceed that of the overall compensation package, determined by adding together the maximum allowance for the actual performance of the duties of Chairman and the maximum allowances for the actual performance of the duties of Vice-Chairman, corresponding either to the maximum number of Vice-Chairmen that would result from the application of the second and third paragraphs of article L. 5211-10 to the deliberative body which would comprise a number of members determined pursuant to III to VI of article L. 5211-6-1, or to the existing number of vice-presidencies actually exercised, if this is lower.
By way of derogation, the allowance paid to a vice-president may exceed the amount of the maximum allowance provided for in the first paragraph of this article, provided that it does not exceed the amount of the maximum allowance likely to be allocated to the president and that the total amount of allowances paid does not exceed the overall allowance envelope defined in the second paragraph.
When the deliberative body of a public establishment of inter-municipal cooperation is renewed, the deliberation setting the allowances of its members takes place within three months of its installation.
Any deliberation of the deliberative body of a public establishment of inter-municipal cooperation concerning the functional allowances of one or more of its members is accompanied by an appended table summarising all the allowances allocated to the members of the assembly concerned.
A member of a deliberative body of a public establishment for inter-municipal cooperation who holds other electoral mandates, or who sits in this capacity on the board of directors of a local public establishment, the Centre national de la fonction publique territoriale, on the board of directors or supervisory board of a company, or who chairs a company, may not receive, for all of their duties, a total amount of remuneration and expense allowance greater than one and a half times the amount of the parliamentary allowance as defined in Article 1 of the n° 58-1210 du 13 décembre 1958 portant loi organique relative à l'indemnité des membres du Parlement. This ceiling is net of compulsory social security contributions.
When, in application of the provisions of the previous paragraph, the total amount of the remuneration and functional allowance of a member of a deliberative body of a public establishment for inter-municipal cooperation is subject to a capping, the capped portion is paid back to the budget of the public entity within which the member of a deliberative body of a public establishment for inter-municipal cooperation most recently held a mandate or function.
