Louisiana. Constitutional Convention (1973).

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

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8 will fairly test the relative capacity and fitness of the

4 candidates to discharge the duties characteristic of posi-

5 tions of the class to which they seek to be appointed.
g Tests may include written or oral questions, trials on the
7 performance of work characteristic of the class, inquiries
g into facts relating to education, experience, or accomplish-

9 ments in specialized lines of endeavor, or any combination

10 of these and other elements duly related to the purpose

11 of the tests.

12 (c) Seventy-five percent shall constitute a passing score

13 for all tests administered under the provision of this Section.

14 (d) Promotional tests for positions in the various classes

15 in the classified service, except those classes in which
1(5 positions shall be filled only from the competitive list,
17 may be held as the needs of the service require, but must
Ig be given at least one time during each successive period

19 of eighteen months.

20 (e) Competitive tests shall be held only as the needs

21 of the service require and shall be given for classes com-

22 prising only the following duties or positions :

23 (i) Chief of the departmental service.

24 (ii) The entrance or lowest-ranking class in the classified

25 service.

26 (iii) The entrance or lowest-ranking class in any group

27 of classes where the various classes have been divided into

28 groups by the classification plan.

29 (iv) Operation, maintenance, and supervision of radio,

30 fire alarm, police alarm, and other signal systems.

31 (v) Automotive or fire apparatus mechanics and re-
3t pairmen.

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C. P. No. 10 I

1 (vi) Secretary to the chief.

2 (vii) Departmental records clerk.

3 (viii) For a position in any class in the classified ser-

4 vice after reasonable efforts by preceding methods provided

5 by this Section have failed to produce names of persons

6 eligible for regular appointment thereto.

7 (f) All tests required by this Section shall be prepared,
g administered, and scored by the state examiner in accor-
9 dance with the provisions of this Section. The results of

10 the tests shall be furnished the board for which the tests

11 have been held as soon as practicable after the tests have

12 been administered. All test questions, answers, and papers
18 shall at all times be kept in the custody of the state

14 examiner, and shall be produced by him and exhibited

15 by him at the domicile of any board upon its written

16 request

17 (g) The board for which any test is administered may,

18 at any time, up to six months after receiving the results

19 from the state examiner, receive and review any or all

20 parts of the test and the methods used in its grading,

21 in order to determine whether the test was a fair and

22 reasonable one and was fairly graded. If, after the board

23 reviews any test and consults with the state examiner,

24 it concludes that any item or parts of the test were un-

25 fair or unreasonable or finds errors in the grading, it may,

26 at its discretion, cause a regrading of the test, and, there-

27 upon, correct or establish the appropriate employment list

28 in accordance with the revised ratings. If the board finds

29 that a fair rating can be determined only from an entire

30 new test, it may cause a new test to be given to all persons

31 taking the previous test and, establish a new employment

32 list for the class from the results of such new test.

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1 (h) Each applicant who makes a passing score on a

J test administered under the provisions of this Section shall

S be advised, in any manner the board prescribes, of his

4 final grade and relative standing on the list appropriate

g for the class for which he was tested.

( (2) Admission to Tests. Admission to tests shall be as

7 follows:

g (a) Admission to a promotional test shall be limited to

f regular employees of the class next lower from that for

10 which they are to be examined. However, the rules may

11 provide for admission to be extended to applicants from

12 any one or more of the next lower classes.

13 (b) Admis.sion to competitive tests shall be open to all

14 person.s who meet the requirements provided by this Section

15 and the rules.

1€ (c) Any applicant admitted to a test shall be a citizen

17 of the United States of America and, if of legal age, shall

18 be a qualified elector of the State of Louisiana.

19 (d) Special requirements or qualifications for admission
JO to tests, or for eligibility for appointment, such as age.
Jl education, physical requirements, etc., may be established
22 hy the rules adopted by the board, after consultation with

25 the appointing authority. Any applicant must be, at the
24 time of his appointment to a position in the classified

26 service, of good health, good moral character, and of tem-

26 perate and industrious habits.

27 (e) The board may reject the application of any person

28 for admission to tests of fitness, or refuse any applicant

29 to be tested, or may cancel the eligibility of any eligible on
80 any employment list, who

31 (i) Is found to lack any of the qualifications prescribed, or

32 which may be legally prescribed, as requirements for ad-

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C. P. No. 10

1 mission to the tests for the class for which he has applied;

2 (ii) Is physically unfit to perform effectively the duties

3 of a position of the class;

4 (iii) Is addicted to the habitual use of drugs or intoxicat-

5 ing liquors to excess ;

6 (iv) Has been adjudged guilty of a crime involving moral

7 turpitude or infamous or notoriously disgraceful conduct;

8 (v) Has been dismissed from the respective service for

9 delinquency or misconduct;

10 (vi) Has made a false statement of any material fact; or

11 (vii) Has practiced, or attempted to practice, deception

12 or fraud in securing eligiblity for appointment or attempt-

13 ing to do so.

14 Any such facts shall also be considered cause for removal

15 of any employee. The board shall reject any application filed

16 after the time fixed for closing receipt of applications as

17 announced in the public notice of the tests.

18 (3) Working Tests. Every person appointed to a position

19 in the classified service following the certification of his

20 name from a promotional or a competitive employment list,

21 except those appointed on a temporary basis, shall be tested

22 by a working test while occupying the position before he

23 may be confirmed as a regular and permanent employee in

24 the position.

25 The period of the working test shall commence imme-

26 diately upon appointment and shall continue for a period

27 of not less than six months nor more than one year. Any

28 employee who has served at least three but less than six

29 months of his working test for any given position may be

30 removed therefrom only with the prior approval of the board,

31 and only upon the grounds that (1) he is unable or un-

32 willing to perform satisfactorily the duties of the position to

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C. P. No. 10

]_ which he has been appointed or (2) his habits and depend-

2 ability do not merit his continuance therein. Any such em-

3 ployee may appear before the board and present his case

4 before he is removed.

5 Upon any employee completing his working test, the ap-
g pointing authority shall so advise the board and furnish

7 a signed statement to the respective employee of its con-

8 firmation and acceptance of the employee as a regular and

9 permanent employee in the respective position, or of its re-

10 fusal to confirm the employee and the reasons therefor. If,

11 at the expiration of an employee's working test period, the

12 appointing authority fails to confirm or reject the employee,

13 such failure to act shall constitute a confirmation. Any em-

14 ployee who is rejected after serving a working test of six

15 months but not more than one year, may appeal to the board

16 only upon the grounds that he was not given a fair oppor-

17 tunity to prove his ability in the position.

18 The appointing authority may remove, and shall remove

19 upon the order of the board, any employee during his work-

20 i"g test period who the board finds, after giving him notice

21 and an opportunity to be heard, was appointed as a result of

22 an error, misrepresentation, or fraud.

23 In any event where any employee is permitted under this

24 Section to appeal to the board, the decision of the board

25 shall be subject to the judicial review provided by this

26 Section and the appointing authority and employee shall

27 be governed accordingly.

28 (R) Certification; Appointment

29 (R) (1) Certification and Appointment, (a) Whenever the

30 appointing authority proposes to fill a vacancy in the

31 classified service, except by demotion, transfer, emergency

32 appointment, or by substitute employment not to exceed

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C. P. No. 10

1 thirty days, he shall request the board to certify names of

2 persons eligible for appointment to the vacant position. The

3 board shall thereupon certify in writing the names of eligible

4 persons from the appropriate employment list as provided

5 below. No such certification shall be valid for more than

6 thirty days following the date thereof. The appointing au-

7 thority shall, if he fills the vacancy, make the appointment

8 as provided below.

9 (b) The board shall first certify the name of the per-

10 son appearing upon the reinstatement list who is eligible for

11 the first reinstatement in the class of the vacant position.

12 The name of this person and all others appearing upon the

13 reinstatement list for the class shall be certified and offered

14 the appointment in the order provided by paragraph (P) be-

15 fore the vacancy is filled by any subsequent method pro-

16 vided by this Subsection. The appointing authority shall

17 appoint to the vacant position the first person so certified

18 to him who is willing to accept the appointment. If the posi-

19 tion is one of a class from which layoffs have been made as

20 provided by paragraph (U) the names of eligible persons

21 appearing upon the reemployment list for the class shall be

22 certified and offered the appointment in the order provided

23 by paragraph (P) before any other appointment is made

24 thereto.

25 (c) In the event a vacancy cannot be filled by reinstate-

26 ment, or by reemployment as above provided, the board

27 shall next certify the names of persons upon the promotional

28 list, in the order in which they appear thereon, for the class

29 in which the vacancy is to be filled. The appointing au-

30 thority shall select and appoint to the first vacancy to be

31 filled the one person certified to him who has the greatest

32 seniority in the departmental service. Any remaining posi-

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C. P. No. 10

1 tions to be filled in the same class shall be filled by

2 appointing to each such successive vacancy the one of the

3 highest seniority in the departmental service. If any one or

4 more persons so certified should refuse the appointment, the

5 appointing authority shall then select and appoint one of

6 the persons certified by the board with the next highest

7 seniority in the departmental service. This procedure shall

8 be followed until the position has been filled by appoint-

9 ment of the one person who has the greatest seniority in

10 the departmental service, and who is willing to accept the

11 appointment, or until each person whose name appears upon

12 the list, has in this order been certified and offered the ap-

13 pointment for the vacancy.

14 (d) Certification and appointment from the competitive

15 list shall ue limited to those conditions and classifications

16 for which the competitive test may be given as provided

17 by paragraph (Q). Upon the appointing authority's request

18 for the certification of eligible persons from which he may

19 fill a vacancy, and if the competitive list is the appro-

20 priate list from which the names of eligible persons shall

21 be certified, the board shall certify the names of the persons

22 upon that list, in the order in which they appear thereon,

23 for tW^ class in which the vacancy is to be filled. The ap-

24 poii.ti.ig authority shall select and appoint to the first va-

25 cancy to be filled, any one of the persons so certified to

26 him for the vacancy. If any one or more persons so certi-

27 fled should refuse the appointment, the appointing author-

28 ity shall then select and appoint any one of the remaining

29 persons certified by the board. This procedure shall be fol-

30 lowed until the position has been filled by appointment of

31 one of the persons certified from the list and willing to ac-

32 cept the appointment, or until each person whose name ap-

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CC-1003

C. P. No. 10

1 pears upon the list has in this manner been certified for

2 the vacancy.

8 (e) Appointment to any position in the classified service

4 from which the regular employee is away on an authorized

5 leave of absence shall be made in accordance with the pro-

6 visions of this Subsection.

7 (f) The appointing authority shall notify the board of the

8 filling of a vacancy as provided in paragraph ( Y) .

9 (2) Temporary Appointments. Temporary appointments

10 may be made to positions in the classified service without

11 the appointees acquiring any permanent status therein, as

12 follows:

13 (a) (') When a vacancy is to be filled in a position of a

14 class for which the board is unable to certify names of per-

15 sons eligible for regular and permanent, or substitute ap-

16 pointment, the appointing authority may make a provi-

17 sional appointment of any person whom he deems qualified.

18 When praticable, the appointment should be made by the

19 provisional promotion of any employee of a lower class. A

20 provisional appointment shall not continue for more than

21 three months. No position in the classified service shall be

22 filled by one or more provisional appointments for a period

23 in excess of three consecutive months and successive like

24 periods shall not be permissible. The board may, however,

25 authorize the renewal of such appointment, or authorize

26 such successive appointments for a period not to exceed

27 three additional months whenever it has been impracticable

28 or impossible to establish a list of persons eligible for certi-

29 fication and appointment to a vacancy. Any provisional ap-
80 pointment, if not terminated sooner, shall terminate upon

31 the regular filling of the vacancy in any manner authorized

32 under this Section, and, in any event, within fifteen days

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CC-1003
C. P. No. 10

after a certification from which a regular, or substitute ap-
pointment, as the case may be, can be made under the pro-
visions of this Section. A provisional appointment shall be
reported to the board within fifteen days following the
appointment.

(ii) During the times of war, and after the board con-
tinues to offer tests provided by this Section in an effort
to obtain persons eligible for regular and permanent appoint-
ment to a position of any class which has been permanently
vacated by the regular employee thereof, and it finds it im-
possible to establish a list of persons qualified for certifica-
tion and permanent appointment to the position in the
classified service, it may authorize the appointing author-
ity to fill the position with a provisional appointee until
the appropriate employment list can be established.

(iii) Provisional appointments may be made in any position
until a classification plan is prepared and adopted and for
such time thereafter as may be required for the preparation
and administration of tests and the establishment of em-
ployment lists from the results of the tests. But such special
authority shall be valid for a period of not more than
eighteen months immediately following the date that this
Section takes effect in the municipality.

(b) A substitute appointment may be made to any position
in the classified service (1) from which the regular and
permanent employee is away on an authorized leave of absence,
or (2) from which the regular employee is substituting for
some other regular employee who is authorized to be away
from his respective position. No position shall be filled by a
substitute appointee for a time beyond that for which the
regular and permanent incumbent is away on an authorized
leave. Whenever such appointment shall continue for not more
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CC-1003

C. P. No. 10

1 than thirty days, the appointing authority may appoint

2 thereto any one whom he deems qualified. Substitute ap-

3 pointments made for a period exceeding thirty days shall

4 be made in the same manner as provided in paragraph (R)

5 for the filling of a vacancy by a regular and permanent
g appointment. Any person employed on a substitute basis
7 shall, for the duration of the temporary employment, enjoy
g the class title and be entitled to receive the rate of pay for
9 the class and position in which he is employed. The ap-

IQ pointing authority shall notify the board within fifteen days

11 following any substitute appointment made for a period

12 to exceed thirty days, the name of the appointee, the class

13 of position filled, the period for which the appointment was

14 made and attach to the notification a signed copy of the

15 leave of absence granted the employee for whom the appointee

16 is substituting.

17 (c) Emergency appointments of any person may be made

18 at any time the need of the service requires because of any

19 local emergency of a temporary and special nature. No such

20 appointment shall be effective or continued for more than

21 ten days.

22 (S) Leaves of Absence. The board shall adopt rules to

23 provide for leaves of absence in the various classes of the

24 classified service. Such rules shall provide for annual vaca-

25 t'on and sick leaves with pay, and special leaves with or

26 without pay. They may provide for special extended leaves

27 vvith or without pay or with reduced pay for employees

28 disabled through injury or illness arising out of their em-
2^ ployment. The right to regulate the time at which any em-

30 ployee may take an annual leave, or any other leave which

31 is not beyond the control of the employee, shall be vested at
82 all times with the appointing authority.

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C. P. No. 10

1 (T) Abolition of Positions. Whenever the appointing au-

2 thority abolishes a position in the classified service and

3 there is no position vacant in the respective class to which

4 the regular employee of the abolished position may be

5 transferred, the employee shall be transferred to any position

6 of the same class which may be held by a provisional

7 employee. If there is no such position he shall be transferred

8 to another position in the respective class, and the holder of

9 that position shall thereupon be demoted in the order pro-

10 vided by paragraph (M).

11 (U) Layoffs. If, for any reason, the lowest class in the

12 classified service, or the lowest class in a respective group

13 of classes, as grouped by the classification plan, should

14 become overburdened with the number of persons holding

15 positions therein, and a reduction of personnel becomes

16 necessary, the reduction shall be made only by laying off

17 persons without pay. The order of removal shall begin with

18 the person youngest in point of his accumulated total service

19 in the departmental service and shall continue upward until

20 all persons to be removed have been laid off. Layoffs shall

21 be made from positions only within the classes above set

22 forth. The names of persons laid off, the date, the class of

23 po.



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 19 of 65)