Louisiana. Constitutional Convention (1973).

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

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20 and govern the city or city-parish, as the case may be, in

21 the same manner and to the same extent as if said Section

22 and all its provisions had originally applied to such city,

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

24 employees of the city, the parish, or the city-parish, or any

25 other subdivision of the state, as the case may be, who have
J, acquired civil service status under a civil service system



27



established by legislative act, city charter, or otherwise.



28 shall retain such status and shall thereafter be subject to

29 and governed by the provisions of this Section and the rules

30 and regulations adopted under the authority of this Section.

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

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

33 of adopting the provisions of this Section shall not be re-

34 submitted to the voters of the city, the parish, or the city-

35 p.nrlsh, as the case may be, within one year thereafter.



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CC-1002

C. P. No. 9

(0) City, Parish Civil Service System; Creation;
Prohibition. NothinR in this Section shall prevent the
est ablishnen t by the legislature, or by the respective
parish govemlnR authority, in one or more parishes, of
a civil service system applicable to any or all parish
employees, except teaching and professional staffs, and
administrative officers of schools, or the establishment by
the legislature, or by the respective city governing body,
of a civil service system in one or more cities having
a population of less than four hundred thousand, In any
manner now or hereafter provided by law, except that paid
firemen and paid municipal policemen , In a municipality
which operates a regularly paid fire and police department
and which has a population in excess of thirteen thousand,
in all parishes, and In all fire protection districts with
paid firemen, are hereby exoressly excluded from such civil
service system. However, nothing in this Paragraph shall
permit incluslcn in the local civil service of officials
and employees listed in Paragraph (B) of this Section.
No law enacted by the legislature after the effective date
of this constitution establishing a civil service system
applicable to one or more parishes or to one or more
municipalities having a population of less than four
hundred thousand shall be effective in any parish or in
any such municipality until approved by ordinance adopted
by the governing authority of the affected parish or
municipality.



Constitutional Convention of Louisiana of 1973
CC-1003

1 COMMITTEE PROPOSAL No. 10вАФ

g Introduced by Delegate Aertker, Chairman, on behalf of

g the Committee on Education and Welfare, and Delegates

4 Armentor, Carmouche, Come, Cowen, Flory, Grier, Haynes,

g Hernandez, Landry, Leithman, Lennox, Rachal, Riecke, Rob-

Q inson, Segura, Silverberg, Sutherland, Thistlethwaite, Toca

7 and Wisham :

8 A PROPOSAL

9 Making provisions for human resources by providing for
\Q municipal fire and police civil service.

W Be it adopted by the Constitutional Convention of Louisi-

12 ana of 1973 :

13 ARTICLE VII, HUMAN RESOURCES

14 Section 1. Municipal Fire and Police Civil Service

15 Section 1. (A) Municipal Fire and Police Civil Service.
ig There shall be a classified civil service for fire and police

17 in municipalities which operate a regularly paid fire and

18 police department and which have a population of not less

19 than thirteen thousand according to the latest regular fed-

20 eral census for which the official figures have been made

21 public.

22 The service shall embrace the positions of employment,

23 the officers, and employees of the municipal fire and police

24 services.

25 (B) Definitions. The following words and phrases when

26 used in this Section shall have the following meaning un-

27 less the context clearly requires otherwise :

28 (1) "Allocation" means the official determination of the

29 class to which a position in the classified service belongs.

30 (2) "Appointing authority" means any official, officer,

31 board, commission, council, or person having the power to

32 make appointments to positions in the municipal fire and

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C. p. No. 10

1 police service.

I (3) "Appointment" means the designation of a person, by

3 due authority, to become an employee in a position, and his

4 induction into emplojonent in the position.

5 (4) "Board" means the municipal fire and police civil ser-
Q vice board.

7 (5) "Class" or "class of position" means a definitely recog-

g nized kind of employment in the classified service, desig-

9 nated to embrace positions that are so nearly alike in the

10 essential character of their duties, responsibilities, and con-

11 sequent qualification requirements, that they can fairly and

12 equitably be treated alike under like conditions for all per-

18 sonnel purposes.

14 (6) "Classification plan" means all the classes of posi-

15 tions established for the classified service.

ig (7) "Classified service" means every appointive office and

17 position of trust or employment in the municipal govern-

19 ment vi-hich has as its primary duty one of the functions

19 specifically set forth to be included in the classified service

20 by the provisions of this Section, and excludes all elective

21 and appointive offices and positions of trust or emplojTnent

22 which have a primary duty specifically set forth to be in-
28 eluded in the unclassified service by the provisions of this

24 Section.

25 (8) "Demotion" means a change of an employee in the

26 classified service from a position of one class to a position

27 of a lower class which generally affords less responsibility

28 and pay.

29 (9) "Department service" means employment in the public

80 service offered and performed separately by the fire and

81 by the police departments of the municipality.

82 (10) "Eligible" means a person whose name is on a list.

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CC-1003

C. P. No. 10

1 (11) "Employee" means a person legally occupying a

2 position.

g (12) "Employment list" or "lists" means a reinstatement

^ employment list, a promotional employment list, a competi-

g tive employment list, and a reemployment list.

g (13) "Position" means any office and employment in the

IT municipal fire and police services, the duties of which call

o for services to be rendered by one person.

q (14) "Promotion" means a change of an employee in the

IQ classified service from a position of one class to a position

11 of a higher class which generally affords increased responsi-

12 bilities and pay.

13 (15) "Promotion employment list" or "promotion list"

14 means an employment list containing the names of eligible

15 persons established from the results of promotion tests
Ig given for a particular class of positions which is not specifi-
17 cally required by this Section to be established from the re-
Ig suits of a competitive test.

19 (16) "Promotion test" means a test for positions in a

20 particular class which is not specifically required by this

21 Section to be filled by competitive tests, admission to which

22 is limited to regular employees of the next lower class, or

23 the next lower classes when authorized by the rules, in the

24 classified service.

25 (17) "Reemployment list" means an employment list for

26 the entrance or lowest-ranking class in the classified ser-

27 vice, or in any group of classes as may have been grouped

28 in the classification plan, containing names of regular em-

29 ployees who have been laid off under the "layoff" provisions

30 of this Section. This list shall not be applicable to persons

31 who have resigned or have been discharged.

32 (18) "Regular employee" or "permanent employee" means

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C. P. No. 10

1 an employee who has been appointed to a position in the

2 classified service in accordance with this Section after com-

3 pleting his working test period.

4 (19) "Reinstatement employment list" or "reinstatement

5 list" means an employment list containing names of persons

6 eligible for reinstatement in positions of a class from which

7 they have been demoted for reasons other than disciplinary
g action.

9 (20) "Seniority" means the total employment computed

10 for an employee beginning with the last date on which he

11 was regularly and permanently appointed and has worked

12 continuously to and including the date of computation. Time

13 during which an employee has served in the armed forces

14 of the United States subsequent to May 1, 1940, shall be

15 construed to mean continuous service and shall be included

16 in the computation of his seniority. Total seniority in the

17 departmental service, including positions of any and all

18 classes, or seniority in any one or more given classes, may

19 be computed for an employee; but in either case employ-

20 ment shall be continuous and unbroken by a resignation or

21 discharge of the respective employee. An employee who is

22 finally discharged or resigns from his position shall for-

23 feit all accumulated seniority. An employee who is sus-

24 pended and returns to his position immediately following

25 the expiration of his suspension shall not forfeit his seniority

26 accumulated to the date of his suspension, but he shall not

27 be given credit for the lost time at any future compensa-

28 tion.

29 (21) 'Temporary appointment" means the appointment of

30 an employee for limited period of service without acquisi-

31 tion by the appointee of any continuing right to be re-

32 tained beyond the period.

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CC-1003

C. P. No. 10

1 (C) Municipal Fire and Police Civil Service Boards

2 (C) (1) Composition. A municipal fire and police civil

3 service board is created in the municipal government. The

4 board shall be composed of five members who shall serve

5 without compensation. The board shall have a chairman,

6 vice chairman, and a secretary. The domicile of the board

7 shall be in the municipality it serves.

8 (2) Eligibility. To be eligible for appointment or to serve

9 as a member of a board a person shall be a citizen of

10 the United States of America, a resident of the municipality

11 in which he is to serve for at least five years next preced-

12 ing his appointment, and shall, at the time of his appoint-

13 ment, be a qualified voter of the municipality. Any employ-

14 ee while serving as a member of a board shall occupy

15 as a regular employee a position or office lower than that of

16 chief, assistant chief, district chief, or battalion chief of his

17 department. No member of a board shall have been, dur-

18 ing a period of six months immediately preceding his ap-

19 pointment, a member of any local, state, or national com-

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

21 committee in any factional political club or organization. No

22 member of a board shall be a candidate for nomination or

23 election to any public office or hold any other public office

24 or position or public employement, except that of notary

25 public, a military or naval official office, or that of a mu-

26 nicipal fire or police department which is expressly re-

27 quired by the provisions of this Section.

28 (3) Membership. The members of the board shall be ap-

29 pointed by the governing body as follows :

30 (a) One shall be appointed by the governing body upon

31 its own nomination.

32 (b) Two members shall be appointed from a list of four

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C. P. No. 10

1 nominees, which shall be furnished within thirty days after

2 receiving such request by the executive head or a legally

3 chartered and established institution of higher education lo-

4 cated within the municipality; or, if there is no such insti-

5 tution in the municipality, by the executive head of any

6 such institution of the governing body's choice within the

7 state.

8 (c) Two members shall be appointed who shall be first

9 nominated and elected by and from the regular employees of

10 the fire and police departments as follows :

11 One member shall be elected and appointed from the fire

12 department, and one member shall be elected and appointed

13 from the police department. The employee-nominee from

14 each department shall be elected by secret ballot of the

15 regular employees of his respective department at an elec-

16 tion to be called and held for that purpose by the chief of

17 the department. The chief of each department shall call

18 such an election within forty-five days after this Section

19 takes effect in the municipality by posting, for a fifteen-

20 day continuous period immediately preceding the election,

21 a notice thereof on the bulletin board of each station house

22 of his department; and shall officially notify the governing

23 body of the municipality within the ten-day period imme-

24 diately following the election, the name of the employee-

25 nominee so elected by the regular employees of his depart-

26 ment. The chief of the department shall vote in the election

27 only in the case of a tie vote.

28 (4) Term. The term of office for all members of the board

29 shall be for a period of three years when a municipality

30 adheres to the provisions of this Section. The first member

31 appointed by the governing body of the municipality upon

32 its own nomination shall serve for a period of two years;

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CC-1003

C. P. No. 10

1 the first employee members nominated and appointed as

2 provided above shall serve a term of one year. Each mem-

3 ber shall serve until his successor has been appointed and

4 qualified.

g (5) Vacancies. Upon the term of office expiring for a

g member of a board, or because of a vacancy in the office

7 of any member thereof, the governing body of a municipal-

g ity shall appoint a successor in the same manner as the

9 outgoing member was appointed; and such successive ap-

10 pointment shall be made within ninety days immediately

11 following the expiration or vacancy.

12 (6) Oath. Each member shall take the oath of office be-

13 fore entering upon the duties of his office. His oath shall

14 include a statement to uphold the constitution and laws of

15 Louisiana and of the United States; to administer faithfully
Ig and impartially the provisions of this Section and the rules

17 adopted under the authority of this Section.

18 (7) Removal. Any member of a board shall be liable to

19 removal from office by judgment of the district court of

20 his domicile for high crimes and misdemeanors in office,

21 incompetency, corruption, favoritism, extortion, oppression in

22 office, gross misconduct, or habitual drunkenness. The dis-

23 trict attorney of the district wherein the board member re-

24 sides may institute such suit, and shall do so upon the

25 written request, specifying the charges, of twenty-five

26 citizens and taxpayers of the municipality of which the

27 board member is a resident. The district attorney shall asso-

28 ciate in the diligent prosecution of such suit any attorney

29 selected and employed by the citizens and taxpayers.

30 (8) Organization. The governing body of the municipality

31 shall advise, within and not later than the expiration of

32 the ninety-day period provided for the appointment of the

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1 board members, each appointee of hia appointment and

2 term of office as a member of the municipal fire and

3 police civil service board; and, an official record thereof

4 shall be placed in the official minutes of the governing

5 body.

6 New members of the board shall meet within thirty days

7 after their appointment in their first official meeting; take

8 the oath of office; elect a chairman and vice chairman;

9 and transact any other business pertinent at that time.

10 The oath of office shall be administered by the city clerk

11 or by any other person having the legal authority to ad-

12 minister it.

13 A chairman and vice chairman shall be elected by the

14 members of the board. The term for which either the chair-

15 man or vice chairman shall serve as such, shall run con-

16 currently with that for which he was appointed a member

17 of the board; except the term of either office shall termi-

18 nate upon death of the incumbent, or his resignation from

19 the office or from the board or his removal from the

20 board.

21 At the discretion of the board, the office of secretary

22 shall be filled :

23 (a) By electing one of its members thereto;

24 (b) By appointing the city clerk or secretary-treasurer

25 of the municipality to fill such office ex officio;

26 (c) By employing and paying on a part-time basis any

27 other person a salary not to exceed twenty dollars per

28 month; or

29 (d) By requiring the state examiner to act in such capac-

30 ity. The board may terminate the term of office of any

31 person serving as its secretary at any time. No person

32 serving as secretary of a board, except a member thereof,

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0. P. No. 10

1 shall have the right to vote in its proceedings. The secre-

o tary shall attend the meetings of the board; keep a record

3 of its proceedings; attend to correspondence directed to

4 him, and other correspondence ordered by the chairman;

5 perform other functions assigned to him by the board; and

6 cooperate with the state examiner in a manner that will

7 assist the examiner to carry out effectively the duties im-

8 posed upon him by this Section or those functions which

9 may be requested of him by the board.

10 The board shall meet at any time after its original meet-

11 ing upon the call of the chairman, who shall give all mem-

12 bers of the board due notice thereof. The chairman of the

13 board shall call, and the members of the board shall attend,

14 one regular meeting of the board within each quarterly

15 period of each calendar year. If a chairman fails or re-

16 fuses to call such quarterly meeting of his board, the mem-

17 bers of the board shall meet upon the written call of any

18 two members mailed ten days in advance of the meeting.

19 Four members of the board shall constitute a quorum, and

20 the concurring votes of any three members comprising the

21 quorum of the board shall be sufficient for the decision

22 of all matters to be decided or transacted by it. Meetings

23 of the boards shall be open to the public.

24 (D) Board; Duties

25 (D) (1) Represent the public interest in matters of per-

26 sonnel administration in the fire and police services of the

27 said municipal government.

28 (2) Advise and assist the governing body, mayor, com-

29 missioner of public safety, and the chiefs of the fire and

30 police departments of the municipality, with reference to
81 the maintenance and improvement of personnel standards
32 and administration in the fire and police services, and the

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1 classified system.

2 (3) Advise and assist the employees in the classified

3 service with reference to the maintenance, improvement,

4 and administration of personnel matters related to any in-

5 dividual or group of employees.

6 (4) Make, at the direction of the mayor, commissioner

7 of public safety, chief of either the fire or police depart-

8 ment, or upon the written petition of any citizen for just

9 cause, or upon its own motion, any investigation concern-

10 ing the administration of personnel or the compliance with

11 the provisions of this Section in the said municipal fire

12 and police services; review, and modify or set aside upon

13 its own motion, any of its actions, take any other action

14 which it determines to be desirable or necessary in the

15 public interest, or to carry out effectively the provisions

16 and purposes of this Section.

17 (5) Conduct investigations and pass upon complaints by

18 or against any officer or employee in the classified service

19 for the purpose of demotion, reduction in position or abo-

20 lition thereof, suspension or dismissal of the officer or era-

21 ployee, in accordance with the provisions of this Section.

22 (6) Hear and pass upon matters which the mayor, com-

23 missioner of public safety, the chiefs of the departments

24 affected by this Section, and the state examiner of munici-

25 pal fire and police civil service bring before it.

26 (7) Make, alter, amend, and promulgate rules necessary

27 to carry out effectively the provisions of this Section.

28 (8) Adopt and maintain a classification plan. The clas-

29 sification plan shall be adopted and maintained by rules

30 of the board.

31 (9) Make reports to the governing body, either upon its

32 own motion or upon the official request of the governing

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1 body, regarding general or special matters of personnel ad-

2 ministration in and for the municipal fire and police services

3 of the municipality, or with reference to any appropria-

4 tion made by the governing body for the expenjaes incidental

5 to the operation of the board.

g (E) Rules. Each board may adopt and execute rules, regu-

7 lations, and orders necessary or desirable effectively to carry

8 out the provisions of this Section and shall do so when

9 expressly required by this Section. No rule, regulation, or

10 order shall be contrary to, or in violation of, any provisions,

11 purpose, or intent of this Section or contrary to any other

12 provisions of law. The board may amend or repeal any

13 rule or part thereof in the same rtanner provided herein

14 for the adoption of the rule. All rules shall be applicable

15 to both the fire and police classified services, unless by

16 express provisions therein, it is made applicable to only

17 one of the services.

18 A board may adopt any rule, either in its proposed or

19 revised form, after holding a public hearing at which any

20 municipal officer, employee, private citizen, and the state

21 examiner shall be given an opportunity to show cause why

22 the proposed rule, amendment, or any part thereof should

23 not be adopted. Before the board holds this public hearing,

24 it shall furnish at least thirty days notice in advance of

25 the date, time, and place therefor to the mayor, commis-

26 sioner of public safety, and other municipal commissioner

27 whom the rule may in any way effect, the chief and each

28 station of the departmental service to be affected by the

29 adoption of any such rule, and to the state examiner. A

30 copy of all proposed rules to be discussed at any hearing

31 shall be furnished with all notices. Each notice and copy

32 of a proposed rule furnished the various stations of a re-

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1 spective department shall be posted upon the bulletin board

2 of each station for a period of at least thirty days in
2 advance of the hearing.

4 Within thirty days after the board has adopted any rule,

f, whether it is a new rule or amendment of an existing rule,

(i or an abolition in whole or part thereof, it shall furnish

7 an official copy thereof to all persons and places set forth

g above.

o Rules adopted under the authority of this Section shall

IQ have the force and effect of law.

11 (F) Personnel

12 (F) (1) State Examiner. The office of state examiner

13 is created. He shall be a resident and qualified voter of
1 ; the state. He shall be a person who has had experience
1:"; in the field of personnel administration. He and the deputy
lij state examiner of the municipal fire and police civil service
17 shall come within and be bound under and amenable to
1; the classified service of the state as established and exist-

19 ing, except no pay plan thereunder shall be applicable to

20 the said state examiner or deputy state examiner. The state

21 examiner and deputy state examiner shall be subject to

22 removal and other disciplinary action by the State Civil

23 Service Commission only for a good and sufficient cause

24 set forth in written charges filed with the commission by

25 any one of the municipal fire and police civil service boards



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 17 of 65)