Louisiana. Constitutional Convention (1973).

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

. (page 16 of 65)
Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 16 of 65)
Font size
QR-code for this ebook


CC-1002
C. P. No. 9

1 to such governing body of a petition signed by qualified

2 electors equal in number to five percent of the qualified

3 registered voters of the city or city-parish, as the case

4 may be, calling for such election.

5 If a majority of the legal votes cast in such election are in
g favor of the adoption of the provisions of this Section, then
7 this Section and all the provisions thereof shall thereafter
g permanently apply to and govern the city or city-parish, as
9 the case may be, in the same manner and to the same extent

in as if said Section and all its provisions had orginally applied

11 to such city or city-parish. In such instance, all officers and

19 employees of the city or city-parish or any other subdivi-

iq sion of the state, as the case may be, except those cominjf

14 within the provisions of Article VII, Section 1 of the Con-

25 stitution of the State of Louisiana, who have acquired

jg civil service status under a civil service system established

17 by legislative act, city charter, or otherwise, shall retain

Ig such status and shall thereafter be subject to and governed

19 by the provisions of this Section and the rules and regula-

20 tions adopted under the authority of this Section. If a nia-

21 jority of the legal votes cast in such election are against the

22 adoption of the provisions of this Section, the question of

23 adopting the provisions of this Section shall not be resub-

24 mitted to the voters of the city or the city-parish, as the

25 case may be, within one year thereafter.

26 (Q) •^''•y- Parish Civil Service System; Creation by Leg-

27 islature. Nothing in this Section shall prevent the establish-

28 ment by the legislature in one or more parishes of a civil

29 service system applicable to any or all parish employees,

50 including those hereinabove exempted from the state classi-

51 fied service, or the establishment by the legislature of a civil
8£ service system in one or more cities having a population of

Page 16



[94]



I
2
3
4
5
6
7
8
9

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
CO



Reprinted as Engrossed

CC-1002

C. P. No. 9
less than four hundred thousand, in any manner now or
hereafter provided by law.



8

9

10

11

12

13

M

IS

16

17

18

19

20

21

22

23

2A

25

26

27

28

29

30

31

32

33

34

35



First Enrollment

CC-3002

Constitutional Convention of Louisiana of 1973

cowiiTTr.r. rKorosM, miMiinR 9

Introduced by Delcnate Aertkcr, Chalrnan, on behalf of the
Coinmlttoe on Education and Uclfarc, and Dolcpates
Carmoucbe , Come, Cowon , Flory, Gricr, Hernandez, Landry,
Robinson, Toca, VJattlr.ny, and Wisham

A PROPOSAL

Making provisions for human resources by providing for state

and city civil service.
Be it adopted by the Constitutional Convention of Louisiana

of 1973:

ARTICLE VII. HUMAN RESOURCES

Section 1. State and City Civil Service

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

(1) State Civil Service. The state civil service
Includes all offices and positions of trust or employnent In
the employ of the state, or any instrumentality thereof, and
any Joint state and federal agency, Joint state and parochial
agency or Joint state and municipal agency, irrespective of
what funds are used to pay for svch employment. It shall
not include municipal boards of health or local governmental
subdivisions.

(2) City Civil Service. The city civil service includes
all offices and positions of trust or employment in the employ
of each city In the state with over four hundred thousand
population, and every instrumentality thereof. However, paid
firemen and municipal policemen may be excluded if a majority
of the electors in the city affected votlnss at an election held
for the purpose consent thereto, provided said election shall
be called by the governing authority of the city affected
ultliin one year after the effective date of this constitution.

(B) Classified and Unclnssifled Service. The state
and city civil service is divided Into the uncl.Tsslf led and



Page 17



[95]



First Enrollment



1

2

3

4

5

6

7

B

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

26

29

30

31

32

33

34

35



CC-1002

C. P. No. 9

classified service.

All persons not Included in the unclassified service
are in the classified service.

The unclassified service shall include the following
officers and employees in the state and city civil service:
(1) elected officers and persons appointed to fill vacancies
In elective offices; (2) heads of principal executive depart-
ments appointed by the governor, the mayor, or the govern-
ing authority of a city; (3) city attorneys; (4) registrars
of voters; (5) members of state and city boards, authorities,
and coinmissions ; (6) one private secretary to the president
of each college or university, and one person holding a
confidential position and one principal assistant or deputy
to any officer, board, commission, or authority mentioned
In (1), (2), (4), or (5) above, except civil service depart-
ments; (7) members of the military or naval forces: (R)
teaching and professional staffs, and administrative of-
ficers of schools, colleges, and universities of the state
and bona fide students of such Institutions employed by any
state, parochial, or municipal agency; (9) employees,

deputies, and officers of the legislature, of the offices
of the governor, lieutenant governor, attorney general, each
mayor and city attorney of the several cities, of police juries,
of school boards, of assessors, of all offices provided for in
Article V of this Constitution except the offices of clerk of
the municipal and traffic courts in New Orleans, of coroners;
(10) commissioners of elections, and watchers; custodians and
deputy custodians of voting machines; railroad employees whose
working conditions and retirement benefits are regulated by
federal agencies in accordance uith federal statutory law.

Additional positions may be added and revoked by rules
adopted by a commission.

(C) State Civil Service Commission; Appointment; Nomi-
nation. There shall be a State Civil Service Commission,
domiciled In Baton Rouge, composed of seven members who are



1

2

3

A

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

n

J3

?4
25
26
27
28
29
30
31
32
33
34
35



CC-1002
C. p. No. 9

electors of this state, four of whom constitute a quorum.
No more than one appointed member shall be from each
congressional district.

(1) Appointment. The members shall be appointed by the
governor, as hereinafter provided, for overlanping terms of
six years.

(2) Nominations. The presidents of Centenary College
at Shreveport , Louisiana: Dillard University at New Orleans,
Louisiana; Louisiana College at Pineville, Louisiana; Loyola
University of the South at New Orleans, Louisiana; Tulane
University at New Orleans, Louisiana; and Xavier University
at New Orleans, after giving due consideration to represen-
tation of all groups, each shall nominate three persons.

One member of the commission shall be appointed by the
governor from the three persons nominated by each president.
One member of the commission shall be elected by the classified
employees of the state from their number as provided by law.

A vacancy for any cause shall be filled by aopointment or
election in accordance with the procedure or law governing the

original appointment or election, and from the same source.
Within thirty days after a vacancy occurs, the president
concerned shall submit the required nominations. Within thirty
days thereafter, the governor shall make his appointment.
Should the governor fail to appoint within thirty days,
the nominee whose name is first on the list of nominees
shall automatically become a member of the commission. Should
one of the nominating authorities fail to submit nominees in
the time required, or should one of the named institutions
cease to exist, the governor shall make the aopointment to
the commission.

(D) City Civil Service Commission; Appointment; Nomi-
nation; Vacancies. There shall he a city civil service
commission in each city having a popul.ntion exceeding four
hundred thousand. Each commission shall be composed of
five members, who arc qu.nllfied electors of the city.



Page 2



Pni-.c 3



[96]



First Enrollment



CC-1002

C. p. No. 9

1 three of wliotn constitute a quorum. The members shall serve

2 overlapping terms of six years as hereinafter provided. The

3 domicile of each commission shall be In the city which it
^ serves,

5 (1) New Orleans; Nomination and Appointment. In the

5 city of New Orleans, the presidents of Dillard University,

7 Loyola University of the South, St. Mary's Dominican College,

g Xavier University of Louisiana, and Tulane University of

g Louisiana, after giving due consideration to representation

10 of all groups, each shall nominate three persons, and from

11 the three persons so nominated by each, the governing au-

12 thority of the city shall appoint one to serve as a member

13 of the commission.

14 (2) Other Cities; Nomination and Appointment. In other

15 cities subject to the provisions of this Section, the presi-
1$ dents of any five Institutions of higher education in the

17 state, which five institutions shall be selected by the govern-

18 ing authority of the respective city, each shall nominate

^Q three persons, after giving due consideration to representa-

20 tlon of all groups, and from the three persons so nominated

21 by each, the governing authority of the city shall appoint

22 one to serve as a member of the commission.

JO (3) Vacancies. Vacancies for any cause shall be filled

-/ by appointment in accordance with the procedure for the

25 original appointment and from the same source. Within

25 thirty days after a vacancy occurs, the university prcs-

27 ident concerned shall submit the required nominations .

2g Within thirty days thereafter, the governing authority

-q of the city shall make the appointment. Should the

3Q governing authority of the city fall to appoint within

31 the thirty days, the nominee whose name is first on the

32 list of nominees shall automatically become a member of

33 the commission. Should one of the nominating authorities
3* fall to submit nominees in the time required, or should one
-sr of the named institutions cease to exist, the governing



CC-1002

C. P. No. 9

1 authority of the city shall make the appointment to the

2 commission.

3 (E) Removal. A member of the state or of a city

4 civil service commission may be removed by the governor

5 or the governing authority for cause after being served
^ with written specifications of the charges against hin,
m and an opportunity for a public hearing thereon is af-
g forded by his appointing authority.

q (F) Department of Civil Service; Directors.

10 (F) (1) State Department. There shall be a Depart-

j^j ment of State Civil Service in the executive branch of

52 the state government.

j_3 (2) City Departments. There shall be a department
^^ of city civil service in each city having a population ex-
it ceeding four hundred thousand.

16 (3) Directors. Each commission shall appoint a

17 director, after compefitive examination, who shall be
IB the administrative head of his department, and who

15 shall be in the classified service. Each director

2Q shall appoint personnel and exercise powers and duties

21 to the extent prescribed by the commission appointing

22 him.

2^ (G) Appointments; Promotions. Permanent appoint-

jA ments and promotions in the classified state srnd city
tervice shall be made only after certification by the



25



26



appropriate department of civil service under a general



27 system based upon merit, efficiency, fitness, and length

50 of service, as ascertained by examination which, so far

JO as practical, shall be competitive. The number to be

- certified shall not be less than three; however, if

31 more than one vacancy is to be filled, the name of one ad-

32 dltlonal eligible for each vacancy may be certified. Each

33 conmlsslon shall adopt rules for the method of certlfica-
3^ tlon of persons eligible for appointment, promotion, re-

3^ employment, and reinstatement and shall provide for appolnt-



Pnr.c A



rage 5



[97]



First Enrollment



CC-1002

C. p. No. 9

1 merits defined as emergency and temporary appointnents where

2 certification Is not required.

3 (H) Appeals. (1) Disciplinary Actions. No person

4 who has gained permanent status in the classified state

5 or city service shall be subjected to disciplinary action
(f except for cause expressed in writing. Any classified

7 employee subjected to such disciplinary action shall have

g the right of appeal to the aopropriate commission. The

^ burden of proof on appeal, as to the facts, shall be on the

XO appointing authority.

jj (2) Discrimination. No classified employee shall be

,2 discriminated against by reason of his political or religious

-. beliefs, sex, or race. Any classified employee so discriml-

lA nated against shall have the right of appeal to the appropriate

J5 conmilsslon. The burden of proof on appeal, as to the facts,

\^ shall be on the employee.

17 (I) Prohibitions Against Political Activities. (1) No

J_e member of any civil service commission and no officer or

19 employee in the classified service shall participate or

20 engage In political activity; or be a candidate for nomlna-

21 tlon or election to public office except to seek election as the

22 classified state employee serving on the State Civil Service

23 Commission; or be a member of any national, state, or local

24 committee of a political party or faction; or make or solicit

25 contributions for any political party, faction, or candidate;
2$ or take active part in the management of the affairs of a

27 political party, faction, or candidate or any political

2g campaign, except to exercise his right as a citizen to

2^ express his opinion privately, to serve as a commissioner or

3Q official watcher at the polls and to cast his vote as he desires.

jj^ (2) No person shall solicit contributions for political

32 purposes from any classified employee or official or use

33 or attempt to use his position in the state or city service
3^ to punish or coerce the political action of such classified
»c employee.

Pngo 6



CC-1002

C. P. No. 9

(3) Political activity is defined as an effort
made to support or oppose the election of a candidate for
political office or the support of a particular politi-
cal party in an election. There shall be no prohibition
against support of issues involving bonded indebtedness ,
tax referenda, or constitutional amendments.

(J) Rules; Investigations; Vfages and Hours. (1)
o Rules. Each commission Is vested with broad and general
ft rule-making and subpoena powers for the administration and
.- regulation of the classified service, Including but not
H limited to the adoption of rules for the regulation of
22 employment , promotion , demotion , suspension , reduct Ion in
13 P3y» removal, certification, qualifications, political
J. activities , and all other personnel matters and transactions
.^ the adoption of a uniform pay and classification plan, employ-

ment conditions , employee training and safety , compensation
j7 and disbursements to employees, and generally to carry out
jg and effectuate the objectives and purposes of the merit
jft system of civil service as herein established. Nothing
2Q contained herein shall be construed to prevent the legislature

21 from supplementing these uniform pay plans for sworn, •

22 commissioned law enforcemerit officers of the Division of State

23 Police, Department of Public Safety.

24 Veterans. The Department of State Civil Service and a ■

25 department of city civil service shall accord a five-point I
25 preference in original appointment to each person honorably

27 discharged, or discharged under honorable conditions from the
23 armed forces of the United States, after having served between
2g the wartime dates of April 6, 1917 and November 11, 1918, both
-« dates inclusive; or between September 16, 19A0 and July 25,
.. 19A7, both dates inclusive; or between June 27, 1950 and

32 January 31, 1955, both dates inclusive; or who served in the

33 Viet Nam Theater between July 1, 1958 and the date the povern-
3A ment of the United States declares to be the date of termlnatior
35 of service for mcnbi-rs of the armed forces to receive credit for

PnRc 7



[98]



First Enrollment



1

2
3

5

6

7

8

9

10

11

12

13

lA

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

3/.

35



CC-1002
C. P. No. 9

the award of the Viet Nam Service Medal, both dates inclusive;
or who served in the peacetine campalRns or expeditions for
which campaign badges are authorized. The Department of State
Civil Service and a department of city civil service shall
accord a ten-point preference in original appointment to each
honorably discharged veteran who served either in peace or in
war and who has one or more disabilities recognized by the
Veterans Administration as service- connected ; or to the spouse
of each veteran who is in such poor physical condition as to
preclude his or her appointment to a civil service job in his
or her usual line of work or to the unremarried widow of each
deceased veteran who served in a war period as defined above
or in a peacetime campaign or expedition; or to the unre-
married parents of any person who died in active wartime or

peacetime service or who suffered total and permanent dis-
abilities in active wartime or peacetime service; or the
divorced or separated parents of any person who died in war-
time or peacetime service or who became totally and permanently
disabled in wartime or peacetime service. However, only one
ten-point preference shall be allowed in the original appoint-
ment to any of the persons enumerated above, and If the ten-
point preference is not being utilized by the veteran, either
because of the veteran's physical or mental incapacity which
precludes his appointment to a civil service job in his

usual line of work or because of his death, the preference
shall be available to his spouse, unremarried widow, or
eligible parents as defined above, in the order specified,
but all such preferences may be given only to persons who
have attained marks on the tests which meet at least the
minimum requirements imposed for each test and who have
received at least the minimum rating required for eligibility.

Layoffs; Preference Employees. Whenever a position in
the classified service is abolished or needs to be vacated
because of stoppngc of work from lack of funds, or other
causes , preference employees (cx-mcmbers of ttie armed forces

Pnp.e 8



CC-100 2

C. P. No. 9

1 and their dependents as described in this Section) whose

2 length of service and efficiency ratings are as good as or

3 better than other competing employees shall be retained in
If preference to all other competing employees, provided that
5 when any or all of the functions of any state agency are

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

y Other state agency, or state agencies, all preference employees

g In the classifications and performing the function or functions

9 transferred or in the state agency which is replaced by some

10 other state agency shall first be transferred to the replacing

11 state agency, or state agencies, for employment in positions

12 for which they are qualified, before such state agency , or
2^3 state agencies, shall appoint additional employees from

1^ eligible lists for such positions. The appointing authority

15 shall give written notice to the director of any proposed

16 layoff a reasonable time before the effective date thereof,

17 and the director shall make such orders relating thereto as

18 he considers necessary to secure compliance with the rules.

19 No rule, regulation, or practice of the commission, any

20 agency or department, or any officer of the state or any

21 political subdivision shall favor or discriminate against

22 any applicant or employee on the basis of his membership

23 or non-membership in any private organization; provided

2 A that this shall not prohibit any state agency, department

25 or political subdivision from contracting with an employee

26 organization with respect to wages, hours, grievances,

27 working conditions or other conditions of employment in a
23 manner not inconsistent with this constitution or any civil

29 service law or valid rule or regulation of a commission.

30 Rules adopted pursuant hereto shall be published and

31 available to the public and have the effect of law. Each

32 commission may impose penalties for violation of Its rules

33 by demotion in , or suspension or discharge from position,
3^ with attendant loss of pay.

35 (2) Invest Ig.Ttions. Encli commission is authorized to

Page 9



[99]



First Enrollment



1

2
3

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23
24
25
26
27
28
29
30
31
32
33
34
35



CC-1002

C. p. No. 9

investigate violations of the provisions of this Section and

the rules, statutes, or ordinances adopted pursuant hereto.

(3) Wages and Hours. Any rule or determination affect-
ing wages or hours shall become effective and shall have the
effect of law only after approval by the governor or the
appropriate governing authority.

(K) Penalties. Any person who willfully violates any
provision of this Section shall be guilty of a misdemeanor
and shall, upon conviction, be punished by a fine of not
more than five hundred dollars or by imprisonment for not
more than six months, or both.

(L) Appeal. Each commission shall have the exclusive
power and authority to hear and decide all removal and
disciplinary cases, with subpoena pov/er and power to ad-
minister oaths. It may appoint a referee to take testimony,
with subpoena power and power to administer oaths to wit-
nesses. The decision of a commission shall be subject to
review on any question of law or fact upon appeal to the
court of appeal wherein such commission is located, upon
application filed with such commission within thirty calendar
days after its decision becomes final.

(M) Appropriations. (1) State. The legislature
shall make adequate annual appropriations to the State
Civil Service Commission and to the Department of State

Civil Service to enable the commission and the department
to carry out efficiently and effectively the provisl-ns of
this Section, and the amount so appropriated by the legis-
lature shall not be subject to veto by the governor.

(2) Cities. Each city subject to the provisions of
this Section shall make adequate annual appropriations to
enable Its civil service commission and department to carry
out efficiently and effectively the provisions of this Section.

(N) Acceptance of Act; Other Cities, Parishes, City and
Parish Governed Jointly. Any city having a population ex-
ceeding ten thousand but not exceeding four hundred thousand.



CC-1002

C. P. No. 9

1 and any parisli, or any parish governed jointly with one

2 or more cities under a plan of government, having a

3 population exceeding ten thousand, according to the last

4 preceding decennial federal census for which the final re-

5 port of population returns have been reported to the presi-

d dent of the United States, may elect to accept the provisions

J of this Section by a majority vote of its qualified electors

8 voting at a general or special election for this purpose. The

9 election shall be ordered and held by the city, the parish, or

10 the city-parish, as the case may be upon (1) the adoption
ij of an ordinance by the governing body thereof calling for

12 such elections; or (2) the presentation to such governing

13 body of a petition signed by qualified electors equal in

14 number to five percent of the qualified registered voters of

15 the city, the parish, or the city-parish, as the case may be,
1^ calling for such election.

17 If a majority of the votes cast in such election are in

18 favor of the adoption of the provisions of this Section, all

19 the provisions thereof shall thereafter permanently apply to



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 16 of 65)