The administrative court was seized by the Prefecture to cancel these contracts signed or renewed without having respected all the regulatory obligations.
The administrative court of Saint-Martin was seized to rule on several contracts of agents recruited by the COM since 2016. It is a question of seeing if the conditions of creation or hiring of people respected the rules. All these cases were examined on April 4 and the judgments will be rendered in ten days.
• Fifteen positions created in 2016
Meeting on August 30, 2016, the elected members of the Executive Council voted to create fifteen posts from September 1, i.e. three posts of territorial police guard, five posts of administrative assistant, five posts of technical assistant, one post of heritage assistant and a writer's post with gross indices varying from 340 to 357.
The prefect of Saint-Martin, Anne Laubies at the time, applied to the administrative court to have these fifteen posts canceled on the grounds that they were created by the executive council. However, according to the organic law, any creation of post must be the subject of a deliberation of the territorial and not executive council. The public rapporteur also concluded in this sense.
• Five positions occupied by contract workers
The prefect also seized the administrative court to cancel five contracts signed more recently in category A and B: the contract of employment on the post of director of child protection, the CDD of social service worker and urban planning operation and the renewal of two other fixed-term contracts in the economic and sustainable development sectors.
According to the prefecture, these contracts were not signed or renewed in the rules of art. For three of them, the vacancy notices (or job advertisement) were not published, which did not allow other people to apply for the same positions. Certain wages are also denounced even if, by law, the COM is free to define them. It is for example indicated that one of these agents benefits from a salary corresponding to thirty years of career while the person is only thirty.
In her defense, the lawyer for the COM, who acknowledges that "the formalism has not been respected", asks the judges not to "decapitate the powers of the community". “We are in a particular post-Irma context where many files must be assembled and finalized before June 30 to be able to benefit from European funds. Canceling these contracts would deprive COM of its powers, ”she insisted on several occasions. He added: "the human resources department is in the process of being structured". Also she asked if the cancellation should be pronounced, that it will be effective only in nine months.
According to the arguments of the prefecture, the COM cannot regularize these contracts because no holiday advertising has been made. However, a contract worker is hired if the community does not find a civil servant. The public rapporteur also indicated that these contracts should have been signed for a renewable term of one year and not three as they were. Certain items are also not mentioned in the contracts as they should be.
• Cancellation of two secondments
According to the same logic of non-compliance with all the obligations and all the criteria, the prefect asked the administrative court to annul the two decrees of the territorial council relating to the secondment in two functional posts of two deputy directors general of the services of the COM.
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