Louisiana. Constitutional Convention (1973).

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

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23 fied electors of the city. Three members of the commission

24 shall constitute a quorum. The five members shall serve

25 overlapping terms of six years as hereinafter provided. The

26 domicile of the commission shall be in the city which it

27 serves.

28 (2) Nominations. In the city of New Orleans, the presidents

29 of Tulane University of Louisiana, Loyola University of the

80 South, and Dillard University each shall nominate three

81 persons, in the order of their preference, and from the three

82 persons so nominated by each, the governing authority of the

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1 city shall appoint one to serve as a member of the commis-

2 sion. One member shall be appointed by the governing au-

8 thority of the city. One member shall be an employee with-

4 in the classified service of the city, elected by classified

5 city employees.

If for any reason nominations are not submitted to the

7 governing authority of the city by any of the college presi-

g dents herein named within the time herein designated, the

9 vacancy on the commission for the term or the unexpired

10 term resulting from such failure to nominate shall be filled

11 by a majority vote of the other members of the city civil

12 service commission.

13 In other cities subject to the provisions of this Section

14 three members of the commission shall be nominated by the

15 presidents of any three universities mentioned in Paragraph
i(3 (B)(2) in accordance with the procedure therein provided.

17 Commissioners appointed by the governing authority of the

18 city and the classified city employees shall be appointed in

19 accordance with the procedure specified in Paragraph (C)

20 (2).

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

22 appointment or election in accordance with the procedure

23 for the original appointment and from the same source.

24 Within thirty days after a vacancy occurs, the university

25 president concerned shall submit the required nominations.

26 Within thirty days thereafter, the governing authority of

27 the city shall make the appointment. Should the governing

28 authority of the city fail to appoint within the thirty days,

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

30 cally become a member of the commission.

81 The election of the member representing classified city

82 employees shall be called by the governing authority and

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C. P. No. 9

1 held at least sixty days prior to the expiration of that term.

9 In the case of a vacancy prior to the expiration of a term

q in the office of the member representing classified employees,

A an election to fill the vacancy for the unexpired term shall

c be held within thirty days after the vacancy occurs.

c (4) Transition. Each person who, on the effective date of

rj this constitution, was nominated by Tulane University,

o Loyola University, or the governing authority of the city on

Q the New Orleans City Civil Service Commission shall con-

1 Q tinue in such position for the remainder of the term to which

11 he was appointed. Within thirty days after the effective

19 date of this constitution, the president of Dillard University

iQ shall submit three names to the governing authority of the

14 city for appointment to the commission as herein provided.

IE The initial term of this appointee shall be three years. With-

jg in thirty days after the effective date of this constitution,

JY the governing authority of the city shall call and hold an

jg election for the member to represent classified city employ-

J9 ees. The initial term of the classified employee shall be

20 fiv6 years.

21 In other cities, each member serving on the effective date

22 of tJiis constitution, shall continue in office until the ex-

23 piration of his term. The governing authorities of such cities

24 shall provide for the election or appointment of additional

25 members and for the implementation of this Section in

26 accordance with provisions hereof.

27 (5) Removal. A member of the city civil service com-

28 mission may be removed by the city governing authority

29 for just cause after a copy of the charges against him has

30 been served on him and an opportunity for a public hearing

31 thereon is afforded by his appointing authority.

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

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C. p. No. 9

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

2 commission. The amount of compensation shall be deter-

3 mined by the governing authority of the city.

4 (D) Departments ; State ; City

5 (D) (1) Department of State Civil Service. A Department

6 of State Civil Service is created in the state government.

7 (2) Department of City Civil Service. A department of
g city civil service is created in the city government of each
9 city having a population exceeding four hundred thousand.

10 (E) Directors; State Service; City Service. The State

11 Civil Service Commission and the city civil service com-

12 mission shall appoint a director of civil service, who shall

13 be the administrative head of his respective department and

14 who shall be in the classified service. The director shall

15 be appointed by the appropriate commission from a list of

16 persons determined to be eligible for the position on the

17 basis of merit, efficiency, and fitness, which shall be ascer-
Ig tained by competitive examination, and such other facto'-s

19 as the commission deems advisable. The director shall

20 appoint personnel and exercise powers and duties to the

21 extent prescribed by the commission.

22 (F) Unclassified and Classified Service. The state civil

23 service and the city civil service are divided into the classi-

24 fied service and the unclassified service. The classified

25 service shall include all officers and employees in the state

26 civil service and the city civil service except :

27 (1) elected officers and persons appointed to fill vacan-

28 cies in elective offices; (2) heads of principal departments

29 appointed by the governor, the mayor, or governing author-

30 ity of the city; (3) city attorneys; (4) members of state

31 and city boards, commissions, and agencies; (5) one private

32 secretary for the president of each college or university, one

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C. p. No. 9

J principal assistant or deputy, one attorney, and one person

2 holding a confidential position to any officer, board, or com-

3 mission mentioned in (1), (2) and (4), except the Depart-

4 ment of State Civil Service and the departments of city

5 civil service, provided no appointing authority shall be re-
g quired to fill any of these positions vifith unclassified em-
7 ployees, but may assign the duties of any of them to a
g classified employee; (6) members of the military or naval
9 forces; (7) the teaching, professional and administrative

10 officers of all schools, colleges and universities of the state,

W and bona fide students of such institutions employed by any

\2 state agency; (8) officers and employees of the legislature

23 and of the offices of the governor, lieutenant governor,

J4 attorney general, mayors of the several cities, and city

15 attorneys, and the Board of Liquidation of the City Debt of

Ig New Orleans; (9) commissioners of elections and watchers;

J7 custodians and deputy custodians of voting machines; (10)

Ig all persons employed and deputies selected by sheriffs, clerks

J 9 of court, police juries, assessors, coroners, recorders of mort-

20 gages, registrars of conveyances, district attorneys, con-

21 stables of city courts, school boards, and courts of record ;

22 (11) registrars of voters and one cheif deputy for each; (12)

23 persons employed to make or conduct a special inquiry,

24 investigation, examination, or installation if the governor or

25 governing body of the city certifies that such employment is

26 temporary and that the work should not be performed by

27 the employees in the classified service, and if the commis-

28 sion approves such certifications; (13) special counsel and

29 special prosecutors of any appointing authority, notaries

30 public, referees, receivers, and jurors; (14) patient or inmate

31 help in state or city charitable, penal, or correctional insti-

32 tutions; (15) persons temporarily retained or employed by a

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C. P. No. 9

1 director of personnel for the purpose of conducting or assist-

2 ing in examinations; (16) laborers and other workers em-

3 ployed and paid on an hourly, daily, or piecework basis,

4 provided the inclusion of such persons in the unclassified

5 service is requested by the appointing authority and approved

6 by the appropriate commission; (17) persons employed to

7 make or conduct a special inquiry, investigation, examina-

8 tion, or installation on behalf of the legislature or a com-

9 mittee thereof; and such persons employed by or on behalf

10 of any other agency of the state or a city, provided that

11 inclusion of such persons in the unclassified service is

12 approved by the appropriate commission; (18) independent

13 contractors employed to render services on a contractual

14 basis, including independent contractual professional ser-

15 vice.

16 (G) Appointment and Promotion

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

18 motions in the classified state service and classified city

19 service shall be made after certification by the appropriate

20 department of civil service under a general system based

21 upon merit, efficiency, length of service, and fitness, which

22 shall be ascertained by competitive examinations insofar

23 as practicable, and employees and officers in the classified

24 service shall be employed from those eligible under such

25 certification. The number to be certified shall be not less

26 than five; however, if more than one vacancy is to be

27 filled, the name of one additional eligible for each vacancy

28 may be certified and special and different lists may be

29 established in the case of reemployment and reinstatement.

30 The commission shall adopt rules for the method of certifi-

31 cation of persons eligible for appointment and promotion

32 and shall provide for appointments defined as emergency and

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CC-1002

C. P. No. 9

■^ temporary appointments.

2 (2) Veterans. The Department of State Civil Service and

n a department of city civil service shall accord a five-point

^ preference in original appointment to each person honorably

g discharged, or discharged under honorable conditions from

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

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

g 11, 1918, both dates inclusive; or between September 16,

Q 1940 and July 25, 1947, both dates inclusive; or between June

j^Q 27, 1950 and January 31, 1955, both dates inclusive; or who

•J2 served in the Viet Nam Theater between July 1, 1958 and

22 the date the government of the United States declares to be

23 the date of termination of service for members of the armed
1^ forces to receive credit for the award of the Viet Nam Service
25 Medal, both dates inclusive; or who served in the peacetime
2g campaigns or expeditions for which campaign badges are

27 authorized. The Department of State Civil Service and a

28 department of city civil service shall accord a ten-point

29 preference in original appointment to each honorably dis-
20 charged veteran who served either in peace or in war and
22 who has one or more disabilities recognized by the Veterans

22 Administration as service-connected; or to the spouse of

23 each veteran who is in such poor physical condition as to

24 preclude his or her appointment to a civil service job in

25 his or her usual line of work or to the unremarried widow

26 of each deceased veteran who served in a war period as

27 defined above or in a peacetime campaign or expedition ; or
?>8 to the unremarried parents of any person who died in active
29 wartime or peacetime service or who suffered total and

80 permanent disabilities in active wartime or peacetime ser-

81 vice; or the divorced or separated parents of any person

82 who died in wartime or peacetime service or who became

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CC-1002
C. P. No. 9

I totally and permanently disabled in wartime or peacetime
J service. However, only one ten-point preference shall be
8 allowed in the original appointment to any of the persons

4 enumerated above, and if the ten-point preference is not

5 being utilized by the veteran, either because of the veteran's
physical or mental incapacity which precludes his appoint-

7 ment to a civil service job in his usual line of work or

8 because of his death, the preference shall be available to

9 his spouse, unremarried widow, or eligible parents as de-
10 fined above, in the order specified, but all such preferences

II may be given only to persons who have attained marks on
12 the tests which meet at least the minimum requirements
18 imposed for each test and who have received at least the
14 minimum rating required for eligibility.

16 (3) Layoffs; Preference Employees; Reinstatement or

16 Preferred Employment Lists. Whenever a position in the

17 classified service is abolished or needs to be vacated be-

18 cause of stoppage of work from lack of funds, or other

19 causes, the employee or employees in the class involved in

20 the organization unit affected shall be laid off without pay

21 by the appointing authority under such rules and regula-

22 tions as to selection and priority as may from time to time

23 be adopted by the commission. Provided, that preference

24 employees (ex-members of the armed forces and their depen-

25 dents as described in (B) of this Section) whose length of

26 service and efficiency ratings are as good as or better than

27 other competing employees shall be retained in preference

28 to all other competing employees; and provided further, that

29 when any or all of the functions of any state agency are

30 transferred to or when any state agency is replaced by some

31 other state agency, or state agencies, all preference em-
"2 ployees in the classifications and performing the function

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CC-1002

C. P. No. 9

]^ or functions transferred or in the state agency which is
9 replaced by some other state agency shall first be trans-

3 ferred to the replacing state agency, or state agencies, for

4 employment in positions for which they are qualified, before

5 such state agency, or state agencies, shall appoint additional
g employees from eligible lists for such positions. The ap-

7 pointing authority shall give written notice to the director

8 of any proposed layoff a reasonable time before the effective

9 date thereof, and the director shall make such orders re-

10 lating thereto as he considers necessary to secure compliance

11 with the rules. The name of every regular employee so laid

12 off shall be placed on the appropriate reemployment lists.

13 and said employee shall also be eligible for reinstatement and

14 shall be reinstated in any position in the same class in the

15 same organization unit in which a vacancy exists. If he

16 cannot be reinstated as hereinabove required, the director

17 shall, upon employee's request to be made within one year

18 from the time of his layoff or the time his position was

19 abolished, place his name on a reinstatement or preferred

20 reemployment list for the class of the position which was

21 abolished or from which the employee was laid off. The

22 appointing authority of the organization unit, during the

23 time such employee's name remains on such lists is prohibit-

24 ed from filling any vacancy in the class in which the employee

25 has reinstatement rights without first offering appointment

26 to, and appointing, if he accepts, the employee who has

27 reinstatement rights in such organization unit.

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

29 manent civil service status in the classified state civil service

30 or the classified city civil service shall be subjected to dis-

31 ciplinary action except for just cause after a copy of the

32 charges against him has been served on him and an oppor-

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C. P. No. 9



1 tunity for a public hearing is afforded by his appointing

2 authority. Only one penalty may be assessed for the same

3 offense. No classified employee shall be discriminated against I

4 by reason of his political or religious beliefs, sex, or race.

5 Any classified employee so discriminated against or sub-
p jected to such disciplinary action shall have a right of
7 appeal to the appropriate civil service commission. The
g burden of proof on appeal, as to the facts, shall be on the
9 employer. The appeal to the civil service commission shall

10 b« devolutive unless otherwise determined by the commis-
\\ sion. The rulings of the commission are subject to review

12 by the court of appeal wherein each commission is located.

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

14 mission and a city civil service commission are vested with

15 general rule-making powers and subpoena powers for the

16 administration of the classified civil service, including but

17 not limited to rules and regulations relating to employment,
IP, promotion, demotion, suspension, reduction in pay, removal,

19 certification, work-test periods, uniform pay plans, classi-

20 fication plans, employment conditions, compensation and

21 disbursements to employees, and generally to carry out and

22 effectuate the objectives and purposes of the merit system of

23 civil service as herein established. These rules and regula-

24 tions shall have the effect of law. Any matter affecting

25 wages and hours shall become effective and shall have the

26 force of law only after approval of the governor or the

27 governing authority of the city.

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

29 commission shall be a candidate for nomination or election

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

31 tion of public employment whatsoever, the classified employ-

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

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C. P. No. 9

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

2 or member of the faculty of any educational institution
9 excepted ; nor shall any member of the commission be or

4 have been during a period of six months immediately pre-

5 ceding his appointment a member of any local, state, or
g national committee of a political party, or an officer or mem-

7 ber of a committee in any factional or political club or

8 organization, and each commissioner shall take the oath of

9 office before entering upon the duties of office, and such

10 cath shall include a statement of belief in and desire to

11 support the principles of the merit system.

12 No member of the State Civil Service Commission or a

13 city civil service commission and no officer or employee in

14 the classified service shall participate or engage in political

15 activity or be a candidate for nomination or election to

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

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

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

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

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

21 paign except to exercise his right as a citizen to privately

22 express his opinion, to serve as a commissioner or as an

23 official watcher at the polls, and to cast his vote as he

24 desires. No person shall solicit contributions for political

25 purposes from any classified employee or official, nor use
28 or attempt to use his position in state or city civil service

27 to punish or coerce the political action of such person.

28 Political activity is defined as an effort made to insure

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

30 of a particular political party in an election. There shall be
"1 no prohibition against support of issues involving bonded
"2 indebtedness, tax referenda, or constitutional amendments,

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C. P. No. 9

1 or the participation or membership in an organization which

2 is not a political organization but which may from time to

3 time express its opinion on a political issue.

4 (K) Violations; Appeals. The State Civil Service Coni-

5 mission and any city civil service commission may investi-

6 gate violations of this Section and the rules and regulations

7 adopted pursuant hereto. It may impose penalties for viola-

8 tion of this Section or the rules and regulations adopted

9 pursuant hereto in the form of demotion, or suspension, or

10 discharge from the classified service with attendant loss

11 of pay. The rulings of the commission are subject to review

12 in the court of appeal wherein each commission is located.
18 (L) Penalties. Any person who willfully violates any

14 provision of this Section or of any law enacted pursuant

15 hereto shall be guilty of a misdemeanor and upon conviction

16 shall be punished by a fine of not more than five hundred

17 dollars or by imprisonment for not more than six months, nr

18 both.

19 (M) Acquisition of Permanent Status. Each officer and

20 employee who has civil service status in the classified ser-

21 vice of the state or city on the effective date of this consti-

22 tution shall retain such status in the position, class, and rank

23 held on such date and thereafter shall be subject to and he

24 governed by the provisions of this Section and the rules and
2o regulations adopted under the authority hereof.

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

2' in the classified civil service not inconsistent with this

2^ Section are continued in force. Neither the commission of



29
30
81
32



each city nor the governing authority of each city shall
exercise any power or authority which is inconsistent or
in conflict with any general law. The State Civil Service
Commission shall exercise no power or authority which is
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C. P. No. 9

] inconsistent or in conflict with any general law.

9 (0) Appropriations. Beginning with the regular session

3 that convenes the year 197_, the legislature of the state shall

4 then, and at each regular session thereafter, make an ap-

5 propriation to the State Civil Service Commission and to

6 the Department of Civil Service for each succeeding fiscal

7 year of a sum equal to not less than seven-tenths of on.^

8 percent of the aggregate payroll of the state classified ser-

9 vice for the twelve-month period ending on the first day of

10 March preceding the next regular session as certified to by

11 the State Civil Service Commission.

12 Each city of the state subject to the provisions of f^l^

13 Section shall make adequate annual appropriations to c:-

14 abie the civil service commission and the civil service de-

15 partment of the city to carry out efficiently and effectively

16 the provisions of this Section.

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

18 Governed Jointly. Any city, and any parish governed

19 jointly with one or more cities under a plan of governmeni,

20 having a population exceeding ten thousand but not ex-

21 ceeding four hundred thousand, according to the last pre-

22 ceding decennial census of the United States for which the

23 final report of population returns have been printed, pub

24 lished, and distributed by the director of the census mav

25 elect and determine to accept the provisions of this Section

26 by a majority vote of its qualified electors voting at r;

27 general or special election for this purpose. This electior,

28 shall be ordered and held by the city or city-parish, as the

29 case may be. upon (a) the adoption of an ordinancs bv ♦h'

30 governing body of the city or the parish governed jointly with

31 one or more cities under a plan of government ;is tho L-ise

32 may be, calling for such elections; or (b) the pre-sentatiT

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Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 15 of 65)