COMMUNITIES & ADMINISTRATIONS

A municipality, a local authority or a public body may need a private detective to resolve or legally demonstrate any breach of public order or criminal behavior against it, whether by one of its agents or by a third party. .

 

It was in 2011 that the Administrative Court of Appeal of Versailles admitted that a local authority can call on a private detective. The professional can then investigate the behavior deemed suspicious by the municipality of one of the agents. The investigator's mission will be to verify whether the agent is not carrying out a private activity at the same time. If this is the case, he commits an offense in accordance with thearticle 25 of the law of July 13, 1983bearing rights and obligations of civil servants.

 

The criminal behavior of an agent can legally result in a legal sanction, but it must be remembered that the burden of proof falls on the requesting public administration.

 

In a judgment of July 16, 2014, the Council of State, the highest administrative authority, had to rule on the validity of a dismissal of a territorial agent motivated by the report of an approved private detective.

This judgment was rendered in the context of a dispute between the municipality of Jouy-en-Josas and its territorial agent. This judgment confirms the legality and admissibility of the private detective's report, while confirming compliance with its obligations on the part of the requesting public entity.

  

Public organizations are subject to the same problems as private sector companies. Faced with dishonest agents, the establishment can call on a detective to investigate these actions.