Louisiana. Constitutional Convention (1973).

Records of the Louisiana Constitutional Convention of 1973 (Volume 4) online

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city having a population exceeding four hundred thousand.

(E) Directors; State Service; City Service. The State Civil
Service Commission and the city civil service commission
shall appoint a director of civil service, who shall be the
administrative head of his respective department and who
shall be in the classified service. The director shall be ap-
pointed by the appropriate commission from a list of per-
sons determined to be eligible for the position on the basis
of merit, efficiency, and fitness, which shall be ascertained
by competitive e.xamination, and such other factors as the
commission deems advisable. The director shall appoint per-
sonnel and exercise powers and duties to the extent prescribed
by the commission.

(F) Unclassified and Classified Service. The state civil
service and the city civil service are divided into the classi-
fied service and the unclassified service. The classified ser-
vice shall include all officers and employees in the state civil
service and the city civil service except :

(1) elected officers and persons appointed to fill vacancies
in elective offices; (2) heads of principal departments ap-
pointed by the governor, the mayor, or governing authority
of the city; (3) city attorneys; (4) members of state and city
boards, commissions, and agencies; (5) one person holding a
confidential position, or one principal assistant, or deputy to
any officer, board, commission, department, or agency men-
tioned in (1), (2), and (4), except the Department of State
Pa.n-o ('



CC-1002

C. P. No. 9

1 Civil Service and the departments of city civil service; (6)

members of the military or naval forces; (7) the teaching

c and professional staffs, and administrative officers of the

^ Ec":coiS, colleges, and universities of the state, and bona fide

r, sludrnts of such institutions employed by any state agency;

(I (s) administrative officers and employees of courts of record,

Y of the Itgislature, of the offices of the governor, of the lieu-

5^ tenant .'overnor, of the attorney general, of the office of the

Q m.ayor of the several cities, of police juries, and of school

1Q boards; (9) registrars of voters, the state tax collector for

^2^ the city of New Orleans, and one chief deputy selected by

22 each; (10) commissioners of elections and watchers; cus-

J3 todians and deputy custodians of voting machines.

|,j (G) Appointment and Promotion

25 (G)(1) Certification. Permanent appointments and pro-

2g motions in the classified state service and classified city ser-

27 vice shall be made after certification by the appropriate de-

2g partment of civil service under a general system based upon

29 merit, efficiency, length of service, and fitness, which shall

20 b'^ ascertained by competitive examinations insofar as prac-

21 ticable, and employees and officers in the classified service

22 shall be employed fiom^ those eligible under such certification.

23 The number to be certified shall be not less than five; how-

24 ever, if more than one vacancy is to be filled, the name of

25 one additional eligible for each vacancy may be certified and

26 special and different lists may be established in the case of

27 reemployment and reinstatement. The commission shall adopt

28 rules for the method of certification of persons eligible for

29 appointment and promotion and shall provide for appoint-

30 ments defined as emergency and temporary appointments.
81 (2) Veterans. The Department of State Civil Service and
32 a department of city civil service shall accord a five-point

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C. P. No. 9

1 preference in original appointment to each person honorably

f discharged, or discharged under honorable conditions from

g the armed forces of the United States, after having served

4 between the wartime dates of April 6, 1917 and November

5 11, 1918, both dates inclusive; or between September 16,
9 1940 and July 25, 1947, both dates inclusive; or between

7 June 27, 1950 and January 31, 1955; both dates inclusive;

8 or who served in the Viet Nam Theater between July 1, 1958

9 and the date the government of the United States declares to

10 be the date of termination of service for members of the

11 armed forces to receive credit for the award of the Viet Nam

12 Service Medal, both dates inclusive; or who served in the
18 peacetime campaigns or expeditions for which campaign
14 badges are authorized. The Department of State Civil Ser-

16 vice and a department of city civil service shall accord a
Ifl ten-point preference in original appointment to each honor-

17 ably discharged veteran who served either in peace or in

18 war and who has one or more disabilities recognized by the

19 Veterans Administration as service-connected; to the spouse

20 of each veteran who is in such poor physical condition as to
£1 preclude his or her appointment to a civil service job in his
£2 or her usual line of work or to the unremarried widow of

23 each deceased veteran who served in a war period as defined

24 above or in a peacetime campaign or expedition; or to the

25 unremarried parents of any person who died in active war-
28 time or peacetime service or who suffered total and per-

27 manent disabilities in active wartime or peacetime service ;

28 or the divorced or separated parents of any person who died

29 in wartime or peacetime service or who became totally and
80 permanently disabled in wartime or peacetime service. How-

31 ever, only one ten-point preference shall be allowed in the

32 original appointment to any of the persons enumerated above.

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CC-1002

C. P. No. 9

1 and if the ten-point preference is not being utilized by the

2 veteran, either because of the veteran's physical or mental

3 incapacity which precludes his appointment to a civil service

4 job in his usual line of work or because of his death, the

5 preference shall be available to his spouse, unremarried

6 widow, or eligible parents aa defined above, in the order

7 specified, but all such preferences may be given only to per-

8 sons who have attained marks on the tests which meet at

9 least the minimum requiremenU imposed for each test and

10 who have received at least the minimum rating required for

11 eligibility.

12 (3) Layoffs Preference Employees; Reinstatement or Pre-

13 ferred Employment Lists. Whenever a position in the classi-

14 fled service is abolished or needs to be vacated because of

15 stoppage of work from lack of funds, or other causes, the

16 employee or employees in the class involved in the organiza-

17 tion unit affected shall be laid off without pay by the appoint-

18 ing authority under such rules and regulations as to selection

19 and priority as may from time to time be adopted by the com-

20 mission. Provided, that preference employees (ex-members

21 of the armed forces and their dependents as described in (B)

22 of this Section) whose length of service and efficiency ratings

23 are as good as or better than other competing employees shall

24 be retained in preference to all other competing employees;

25 and provided further, that when any or all of the functions

26 of any state agency are transferred to or when any state

27 agency is replaced by some other state agency, or state

28 agencies, all preference employees in the classifications and

29 performing the function or functions transferred or in the

30 state agency which is replaced by some other state agency
81 shall first be transferred to the replacing state agency, or
32 state agencies, for employment in positions for which they are

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C. P. No. 9

1 qualified, before such state agency, or state agencies, shall

2 appoint additional employees from eligible lists for such posi-

3 tions. The appointing authority shall give written notice to

4 the director of any proposed layoff a reasonable time before

5 the effective date thereof, and the director shall make such
g orders relating thereto as he considers necessary to secure
7 compliance with the rules. The name of every regular em-
g ployee so laid off shall be placed on the appropriate reemploy-
9 ment lists, and said employee shall also be eligible for rein-

10 statement and shall be reinstated in any position in the same

11 cla.ss in the same organization unit in which a vacancy exists.

12 If he cannot be reinstated as hereinabove required, the di-

13 rector shall, upon employee's request to be made within one

14 year from the time of his layoff or the time his position was

15 abolished, place his name on a reinstatement or preferred

16 reeemployment list for the class of the position which was

17 abolished or from which the employee was laid off. The ap-

18 pointing authority of the organization unit, during the time

19 such employee's name remains on such lists is prohibited

20 from filling any vacancy in the class in which the employee

21 has reinstatement rights without first offering appointment

22 to, and appointing, if he accepts, the employee who has rein-

23 statement rights in such organization unit.

24 (H) Disciplinary Action. No person who has gained per-

25 manent civil service status in the classified state civil service

26 or the classified city civil service shall be subjected to disci-

27 plinary action except for just cause after a copy of the charges

28 against him have been served on him and an opportunity for

29 a public hearing is afforded by his appointing authority.

30 Only one penalty may be assessed for the same offense. No

31 classified employee shall be discriminated against by reason

32 of his political or religious beliefs, sex, or race.

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CC-1002

C. P. No. 9

1 Any classified employee so discriminated against or sub-

2 jected to such disciplinary action shall have a right of appeal

3 to the appropriate civil service commission. The burden of

4 proof on appeal, as to the facts, shall be on the employer.

5 The appeal to the civil service commission shall be devolutive

6 unless otherwise determined by the commission. The rulings

7 of the commission are subject to review by the court of appeal
g wherein each commission is located.

9 (I) Rules and Regulations. The State Civil Service Com-

10 mission and a city civil service commission are vested with

11 general rule-making powers and subpoena powers for the

12 administration of the classified civil service, including but

13 not limited to rules and regulations relating to employment,

14 promoton, demotion, suspension, reduction in pay, removal,

15 certification, work-test periods, uniform pay plans, classifi-

16 cation plans, employment conditions, compensation and dis-

17 bursements to employees, and generally to carry out and

18 effectuate the objectives and purposes of the merit system

19 of civil service as herein established. These rules and regu-

20 lations shall have the effect of law. Any matter affecting

21 wages and hours shall become effective and shall have the

22 force of law only after approval of the governor or the gov-

23 erning authority of the city.

24 (J) Political Activity. No member of any civil service

25 commission shall be a candidate for nomination or election

26 to any public office or hold any other public office or posi-

27 tion of public employment whatsoever, the classified employ-

28 ment of the employee elected to the city commission, the

29 office of notary public or a military or naval office, or dean

30 or member of the faculty of any educational institution ex-

31 cepted; nor shall any member of the commission be or have

32 been during a period of six months immediately preceding his

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C. P. No. 9

1 appointment a member of any local, state, or national com-

2 mittee of a political party, or an officer or member of a

3 committee in any factional or political club or organization,

4 and each commissioner shall take the oath of office before
f) entering upon the duties of office, and such oath shall in-

6 elude a statement of belief in and desire to support the

7 principles of the merit system.

8 No member of the State Civil Service Commission or a

9 city civil service commission and no officer or employee in

10 the classified service shall participate or engage in political

11 activity or be a candidate for nomination or election to

12 public office or be a member of any national, state, or local

13 committee of a political party or faction or make or solicit

14 contributions for any political party, faction, or candidate,

15 nor take active part in the management of the affairs of a

16 political party, faction, or candidate or any political cam-

17 paign except to exericse his right as a citizen to privately

18 express his opinion, to serve as a commissioner or aa an offi-

19 cial watcher at the polls, and to cast his vote as he desires.

20 No person shall solicit contributions for political purposes

21 from any classified employee or official, nor use or attempt

22 to use his position in city civil service to punish or coerce

23 the political action of such person.

24 Political activity is defined as an effort made to insure

25 the election of a nominee for political office or the support

26 of a particular political party in an election. There shall be

27 no prohibition against support of issues involving bonded in-

28 debtedness, tax referenda, or constitutional amendments, or

29 the participation or membership in an organization which is

30 not a political organization but which may from time to time

31 express its opinion on a political issue.

32 (K) Violations; Appeals. The State Civil Service Commis-

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CC-1002

C. P. No. 9

1 sion and the city civil service commission may investigate

2 violations of this Section and the rules and regulations adopted

3 pursuant hereto. It may impose penalties for violation of

4 this Section or the rules and regulations adopted pursuant

5 hereto in the form of demotion, or suspension, or discharge
g from the classified service with attendant loss of pay. The
7 rulings of the commission are subject to review in the court
g of appeal wherein each commission is located.

9 (L) Penalties. Any person who willfully violates any pro-

10 vision of this Section or of any law enacted pursuant hereto

11 shall be guilty of a misdemeanor and upon conviction shall

12 be punished by a fine of not more than five hundred dollars
18 or by imprisonment for not more than six months, or both.

14 (M) Acquisitions of Permanent Status. Each officer and

15 employee of a city who has civil service status in the classi-

16 fied service of the state or city on the effective date of this

17 constitution shall retain such status in the position, class,

18 and rank held on such date and thereafter shall be subject

19 to and be governed by the provisions of this Section and the

20 rules and regulations adopted under the authority hereof.

21 (N) Existing Laws. All existing laws relating to employees

22 in the classified civil service not inconsistent with this Sec-

23 tion are continued in force. Neither the commission of each

24 city nor the governing authority of each city shall exercise

25 any power or authority which is inconsistent or in conflict

26 with any general law. The State Civil Service Commission

27 shall exercise no power or authority which is inconsistent or

28 in conflict with any general law.

29 (0) Appropriations. Beginning with the regular session
80 that convenes the year 197...., the legislature of the state
ol shall then, and at each regular session and fiscal session,
32 thereafter, make an appropriation to the State Civil Service

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[85]



CC-1002
C. P. No. 9

1 Commission and to the Department of Civil Service for each 1

2 succeeding fiscal year of a sum equal to not less than seven- 2
8 tenths of one percent of the aggregate payroll of the state 3

4 classified service for the twelve-month period ending on the 4

5 first day of March preceding the next regular or fiscal 5

6 session as certified to by the State Civil Service Commission. 6

7 Each city of the state subject to the provisions of this 7

8 Section shall make adequate annual appropriations to enable 8

9 the civil service commission and the civil service department 9

10 of the city to carry out efficiently and effectively the pro- 10

11 visions of this Section. 11

12 (P) Acceptance of Act; Other Cities, City and Parish 12

13 Governed Jointly. Any city, and any parish governed jointly 13

14 with one or more cities under a plan of government, having 14

15 a population exceeding ten thousand but not exceeding four 15

16 hundred thousand, according to the last preceding decennial 16

17 census of the United States for which the final report of 17

18 population returns have been printed, published, and distrib- 18

19 uted by the director of the census may elect and determine 19

20 to accept the provisions of this Section by a majority vote 20

21 of its qualified electors voting at a general or special elec- 21

22 tion for this purpose. This election shall be ordered and held 22

23 by the city or city-parish, as the case may be, upon (a) the 23

24 adoption of an ordinance by the governing body of the city 24

25 of the parish governed jointly with one or more cities under 25

26 a plan of government as the case may be, calling for such 26

27 elections; or (b) the presentation to such governing body 27

28 of a petition signed by qualified electors equal in number to 28

29 five percent of the qualified registered voters of the city or 29

30 city-parish, as the case may be, calling for such election. 80

31 If a majority of the legal votes cast in such election are 81

32 in favor of the adoption of the provisions of this Section, ^2

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CC-1002

C. P. No. 9
then this Section and all the provisions thereof shall there-
after permanently apply to and govern the city or city-parish,
as the case may be, in the same manner and to the same ex-
tent as if said Section and all its provisions had originally
applied to such city or city-parish. In such instance, all offi-
cers and employees of the city or city-parish or any other
subdivision of the state, as the case may be, except those
coming within the provisions of Article VII, Section 1 of
the Constitution of the State of Louisiana, who have acquired
civil service status under a civil service system established
by legislative act, city charter, or otherwise, shall retain such
status and shall thereafter be subject to and governed by the
provisions of this Section and the rules and regulations
adopted under the authority of this Section. If a majority
of the legal votes cast in such election are against the adop-
tion of the provisions of this Section, the question of adopt-
ing the provisions of this Section shall not be resubmitted to
the voters of the city or the city-parish, as the case may be,
within one year thereafter.

(Q) City, Parish Civil Service System; Creation by Legis-
lature. Nothing in this Section shal prevent the establishment
by the legislature in one or more parishes of a civil service
system applicable to any or all parish employees, including
those hereinabove exempted from the state classified ser-
vice, or the establishment by the legislature of a civil service
system in one or more cities having a population of less than
four hundred thousand, in any manner that may now or
hereafter be provided by law.



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[86]



Reprinted as

Constitutional Convention of Louisiana of 1973
CC-1002

1 COMMITTEE PROPOSAL No. 9—

2 Introduced by Delegate Aertker, Chairman, on behalf of

3 the Committee on Education and Welfare, and Delegates

4 Carmouche, Corne, Cowen, Flory, Grier, Hernandez, Landry,

5 Robinson, Toca, Wattigny, and Wisham :

6 A PROPOSAL

7 Making provisions for human resources by providing for

8 state and city civil service.

9 Be it adopted by the Constitutional Convention of Louisi-

10 ana of 1973:

11 ARTICLE VII. HUMAN RESOURCES

12 Section 1. State and City Civil Service

13 Section 1. (A) Civil Service System; State; Cities.

14 (1) State Civil Service. "State civil service" means all

15 offices and positions of trust or employment in the employ

16 of the state, or any board, commission, department, inde-

17 pendent agency, or other agency thereof, except as otherwise

18 specifically provided in this constitution, and all offices

19 and positions of trust or employment in the employ of joint

20 state and federal agencies administering state or federal

21 funds, or both; joint state and municipal agencies financed

22 by state or municipal funds, or both, except municipal boards
28 of health; joint state and parochial agencies financed by
24 state or parochial funds, or both; irrespective of whether

26 the pay for such offices and positions of trust or employ-
28 ment is to be paid with state, municipal, or parochial funds

27 or with funds contributed jointly by the state and munici-

28 palities or parishes involved.

29 (2) City Civil Service. "City civil service" means all offices
*0 and positions of trust or employment in the employ of the
*1 city and every board, commission, department, or agency
32 thereof, except as otherwise specifically provided in this

Page 1



Engrossed

CC-1002
C. P. No. 9

1 constitution.

2 (B) State Civil Service Commission

3 (B)(1) Membership. A State Civil Service Commission is

4 created to be composed of five members, who are citizens

5 and qualified electors of the state. Three members of the

6 commission shall constitute a quorum. The five members

7 shall be appointed by the governor for overlapping terms of

8 six years as hereinafter provided. The domicile of the com-

9 mission shall be in the city of Baton Rouge, Louisiana.

10 (2) Nominations. The presidents of Loyola University of

11 the South, Centenary College, Tulane University of Louisi-

12 ana, Louisiana College, and Dillard University each shall

13 nominate three persons, in the order of their preference, and

14 from the three persons, so nominated by each, the governor

15 shall appoint one to serve as a member of the commission.

16 (3) Vacancies. Vacancies for any cause shall be filled by

17 appointment in accordance with the procedure governing the

18 original appointment and from the same source. Within

19 thirty days after a vacancy occurs, the university president

20 concerned shall submit the required nominations. Within

21 thirty days thereafter, the governor shall make his appoint-

22 ment. Should the governor fail to appoint within thirty days,

23 the nominee whose name is first on the list shall automati-

24 cally become a member of the commission.

25 If for any reason nominations are not submitted to the

26 governor by any of the college presidents herein named,

27 within the time herein designated, the vacancy on the com-

28 mission for the term or the unexpired term resulting from

29 such failure to nominate shall be filled by a majority vote

30 of the other members of the State Civil Service Commission.
81 (4) Transition. Each person who, on the effective date of
32 this constitution, is a member of the State Civil Service Com-

I'age 2



[87]



Reprinted as

CC-1002
C. p. No. 9

1 mission shall continue in such position for the remainder of

2 the term to which he was appointed. Within thirty days
o after the expiration of the term of the commissioner nom-
A inated by Louisiana State University and Agricultural and
r Mechanical College, the president of Dillard University shall
g submit three names to the governor for appointment to the
n commission as herein provided. The initial term of this
Q Dillard nominee shall be six years.

9 (5) Removal. A member of the State Civil Service Com-

iQ mission may be removed by the governor for just cause

11 after a copy of the charges against him has been served on

22 him and an opportunity for a public hearing thereon is

23 afforded by his appointing authority.

14 (6) Compensation. Members of the commission each shall

IK be compensated for each day devoted to the work of the

2(5 commission. The amount of compensation shall be determined

27 by the legislature.

28 (C) City Civil Service Commission

29 (C)(1) Membership. A city civil service commission is

20 created for each city having a population exceeding four

21 hundred thousand. The city civil service commission shall

22 be composed of five members, who are citizens and quali-



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