Statutes

Decree No. 99-318 of 20 April 1999 establishing the National Computer Center for Higher Education, as amended by Decree No. 2014-303 of March 6, 2014

Consolidated Version

TITLE I: General Provisions.

Article 1

There shall be a National Computer Center for Higher Education, a national public administrative institution with legal personality and financial autonomy.

This property is under the supervision of the Minister for Higher Education and Research. Its headquarters is in Montpellier.

Article 2

The center provides on behalf of the public higher education under the supervision of the Minister for Higher Education and the extent of its resources, research organizations, computer service in the following areas:

1. The intensive numerical calculation or by the actions that the center led directly or through agreements it makes with other public or private, national or foreign, in particular in the framework of agreements with the Grand Equipment Company National Supercomputing (GENCI)

2. The term preservation of electronic data to contribute to the preservation of national scientific heritage;

3. The hosting of computer hardware nationally minded to the extent of the availability of space and technical, electrical and air conditioning systems, without compromising the performance and evolution of two previous missions.

It can also, with the authorization of the Minister, perform these services on behalf of other beneficiaries.

Article 3

The center includes departments and, as appropriate, services. These departments and agencies are created by resolution of the Board of Director’s proposal. Their operation is defined by the rules of the institution.

TITLE II Administrative Organization.

Article 4

The Higher Education National Computer Center is administered by a board of directors headed by a Director. It has a strategic steering committee.

     Article 5

The Board of Directors includes:

1. Four members by right:

a) The Director for Research at the Ministry of Higher Education and Research or his representative;

b) The Director for Higher Education at the Ministry of Higher Education or his representative;

c) The head of the department responsible for the scientific and technical information to the Ministry of Higher Education or his representative;

d) The Director General of the National Centre for Scientific Research or his representative.

2. Five persons appointed by order of the Minister of Higher Education and Research for their skills in the areas defined in Article 2, including two university presidents appointed on a proposal from the Conference of Presidents of university;

3. Three elected staff representatives.

Article 6

Staff representatives are elected by plurality voting in two rounds, the first round with an absolute majority, the second a relative majority. In case of equality of votes in the second round, the seat is allocated to the oldest candidate.

Are the personal voters based center providing at least half of their service obligations on behalf of it. Eligible are tenured staff and contract staff who, on the date of the election, have at least one year of service and are renewed on a contract for a minimum period of one year.

The modalities of the election are determined by the internal regulations.

Article 7

Board members other than ex-officio members are elected or appointed for a term of three years renewable.

The mandate of the members cease when they lose quality for which they were elected or appointed.

In case of a vacancy for any reason whatsoever, at least six months before the normal term of office, the board members are replaced in the same conditions for the term remaining.

Article 8 amended by Decree No. 2012-1247 of November 7, 2012 – art. 49

The Board meets at least twice a year, convened by the president who sets the agenda. In addition, it may meet in extraordinary session at the request of the Minister for Higher Education and Research or the majority of its members on a specific agenda and limited.

The Board may not validly deliberate unless at least half of its members in office are present or represented. If a quorum is not present at the opening of the meeting, the council met again within fifteen days. It then validly deliberate regardless of the number of members present or represented.

A board member may be represented by another board member. No member may hold no more than one term.

Decisions are taken by an absolute majority of the members present or represented.

In case of equality of votes, the chairman has a casting vote.

Attend Board meetings in an advisory capacity, the center’s director, budget controller and accountant.

The Board of Directors may, on a proposal from its Chairman, invite any person whose presence is deemed useful to attend the meetings.

Article 9

The office of member of the Board are carried free of charge. They open entitled to reimbursement of travel and subsistence expenses incurred in the performance of duties as provided by the Decree of 28 May 1990 referred to above.

Article 10

Chairman of the Board of Directors is appointed by order of the Minister of Higher Education and Research, among the board members mentioned in point 2 of Article 5.

It ensures the fulfillment of its duties by the institution.

Article 11

The center’s director is appointed by order of the Minister of Higher Education and Research for a period of three years, renewable

TITLE III: Distribution of powers.

Article 12

The Board shall deliberate on:

1. The general guidelines of the center of the political;

2. The general organization of the center and the internal regulations of the institution;

3. The budget and its amendments, the financial account;

4. The center of activity programs;

5. The annual report prepared by the Director;

6. The determination of the tariff benefits and payments of any kind due to the center;

7 ° The exercise of legal proceedings;

8 ° acquisitions, dispositions and exchanges of property;

9 ° The acceptance of gifts and bequests.

It determines the categories of contracts, agreements or contracts which, because of their nature or the financial amount involved, are to be submitted for approval.

It gives its opinion on any matter referred to it by the Minister of Higher Education and Research or the chairman of the board.

Article 13

Subject to the provisions of Article 24, the deliberations of the Board are enforceable within fifteen days of receipt by the Minister of Higher Education and Research, unless it does has authorized the immediate execution. In this period, the Minister may request the Board to deliberate again; this request suspends execution of deliberation.

Article 14

The Director manages the property. To this:

1. It is the center court and in all acts of civil life;

2. Prepares and implements the deliberations of the Board of Directors;

3. It prepares the budget and executes it;

4. It is officer of revenue and expenditure of the institution;

5. It allocates computing resources on clean equipment of the center; it represents the center when it is the prime contractor for the national computing resources hosted on behalf of GENCI and, as such, is responsible for the execution of resource assignments computing means;

6. He has authority over all personnel of the institution and called for all functions within it;

7. It is responsible for the maintenance of order within the institution;

8 ° He concluded contracts, agreements and contracts subject to the provisions of the penultimate paragraph of Article 12;

9 ° It is responsible for the organization of elections.

The Director may delegate his signature to center agents whose list is fixed by the board of directors.

Article 15

The strategic directions committee includes:

1. Three members by right:

a) the Director for Research at the Ministry of Research or his representative;

b) the director responsible for higher education in the Ministry of Higher Education or his representative;

c) the Chairman of the center’s board of directors;

2. Three persons appointed by order of the Minister of Higher Education because of their expertise in the areas defined in Article 2, for a period of three years renewable.

The principal shall assist in an advisory capacity in meetings of the Strategic Directions Committee.

The strategic directions Committee shall elect from its members a Chairman for a term of three years renewable, under the conditions set by the internal regulations of the institution.

The president of strategic directions Committee may invite to attend a meeting in an advisory capacity, any person whose presence is considered useful on a point of the agenda.
 

Article 16

The committee provides strategic guidance to the Board and the Director’s strategic directions for the center.

It elaborates the multiannual strategic plan compliance:

1. Under the intensive numerical calculation, with the national guidelines of the Strategic Committee for intensive computing and strategic plans GENCI;

2. Under the long-term preservation of electronic data with the recommendations of the Inter-Ministerial Committee in the Archives of France.

It meets at least once a year, at the request of the Chairman of the Board or the director of the center.

TITLE IV: Financial Plan.

Article 17 as amended by Decree No. 2012-1247 of November 7, 2012 – art. 168

The provisions of Titles I and III of Decree No. 2012-1246 of 7 November 2012 on the public budget management and accounting are applicable to the institution.

Article 18 repealed by Decree No. 2012-1247 of November 7, 2012 – art. 168

Article 19 repealed by Decree No. 2012-1247 of November 7, 2012 – art. 168

Article 20

The center’s expenses include costs specific to the facility staff, operating and equipment costs and, in general, all expenses for the activities of the institution.

Article 21

Revenue of the center include:

– Subsidies of the State, public authorities and any public or private organization;

– Resources from the services it performs for benefits;

– Income from property and securities;

– Donations and bequests,

and, in general, all revenues authorized by the laws and regulations.

Article 22

Contracts are awarded and executed in the manner and conditions prescribed for the markets of the state.

Article 23

Imprest and revenue accounts may be established by the Director in accordance with Decree of 20 July 1992 referred to above. The directors are appointed by the Director with the approval of the accounting officer.

Article 24 as amended by Decree No. 2012-1247 of November 7, 2012 – art. 168

Budget and amending the draft decisions are communicated to the ministers for higher education and research and budget at least fifteen days prior to submission to the Board.

Article 25

In the event that the budget of the institution was not adopted before January 1 of the year to which it relates, is adopted jointly by the Minister for Higher Education and Research and the Minister the budget.

TITLE V Transitional and final provisions.

Article 26

This Order may be changed by decree.

Dernière modification le : 24 February 2015
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