Louisiana. Constitutional Convention (1973).

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

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4 by the appointing authority.

5 (4) In every case of corrective or disciplinary action

6 taken against a regular employee of the classified service,

7 the appointing authority shall furnish the employee and the

8 board a statement in writing of the action and the com-

9 plete reasons therefor.

10 (W) Appeals by Employees. Any regular employee in the

11 classified service who feels that he has been discharged

12 or subject to any corrective or disciplinary action without

13 just cause, may, within fifteen days after the action, de-

14 raand in writing, a hearing and investigation by the board

15 to determine the reasonableness of the action. The board

16 shall grant the employee a hearing and investigation within

17 thirty days after receipt of the written request.

18 All such hearings and investigation conducted by the

19 board pursuant to the provisions of this Section shall be

20 opened to the public. No hearing and investigation shall

21 be held unless both the employee and the appointing au-

22 thority have been advised at least ten days in advance of

23 the date, time, and place therefor. If either the appointing

24 authority or the employee fails to appear at the place, and

25 on the day and at the hour fixed for the hearing, the board

26 may decide the issue involved on the basis of the evidence

27 adduced and confined to the question of whether the action

28 taken against the employee was made in good faith for

29 cause set forth in the provisions of this Section. Both the em-

30 ployee and the appointing authority shall be afforded an

31 opportunity to appear before the board, either in person or

32 with counsel, and present evidence to show that the action

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1 was or was not taken in good faith for cause as set forth

2 in the provisions of this Section. The board shall have com-

3 plete charge of any such hearing and investigation, and may

4 conduct it in any manner it deems advisable, without pre-
f) judice to any person or party thereto. The procedure fol-
f, lowed shall be informal and not necessarily bound by the

7 legalistic rules of evidence. The board shall not be required

8 to have the testimony taken and transcribed, but either
•' the employee or the appointing authority may, at their own

10 expense, make the necessary arrangements therefor. In

11 such cases the board may name any competent shorthand
lli reporter as the official reporter. If the testimony is not taken

12 or transcribed, then the board shall make a written finding
1 ! of the fact. After such investigation the board may, if the
1.5 evidence is conclusive, affirm the action of the appointing

13 authority. If they find that the action was not taken in
17 good faith for cause under the provisions of this Section,
13 the loard shall order the immediate reinstatement or reem-

19 ployment of such person in the office, place, position, or em-

20 ployment from which he was removed, suspended, demoted,

21 or discharged, which reinstatement shall, if the board so

22 provides, be retroactive and entitle him to his regular pay

23 from the time of removal, suspension, demotion, discharge,

24 or other disciplinary action. The board may modify the order

25 of removal, suspension, demotion, discharge, or other dis-

26 ciplinary action by directing a suspension without pay, for

27 a given period. The decision of the board, together with its

28 written finding of fact, if required, shall be certified, in

29 writing, to the appointing authority and shall be forthwith

30 enforced hy the appointing authority.

31 Any employee under classified service and any appointing

32 authority may appeal from any decision, of the board, or

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1 from any action taken by the board under the provisions of

2 the Section which is prejudicial to the employee or appoint-

3 ing authority. This appeal shall be taken by serving the

4 board, within thirty days after entry of its decision, a

5 written notice of appeal, stating the grounds thereof and de-
manding that a certified transcript of the record, or written

7 findings of fact, and all papers on file in the office of the

8 board affecting or relating to such decision, be filed with

9 the designated court. The board shall, within ten days after

10 the filing of the notice of appeal, make, certify, and file

11 the complete transcript, with the designated court, and that

12 court shall thereupon proceed to hear and determine the

15 appeal in a summary manner. This hearing shall be con-
14 fined to the determination of whether the decision made by

16 the board was made in good faith for cause under the
U provisions of this Section. No appeal to the court shall be

17 taken except upon these grounds.

18 (X) Board Powers; Refusal to Testify. The board, and

19 each of its member.s. shall have the same power and au-

20 thority to administer oaths, subpoena witnesses, and com-

21 pel the production of books and papers pertinent to any in-
2S vestigation or hearing authorized by this Section as is pos-
28 sessed by the district courts of Louisiana. Any person who

24 (1) fails to appear in response to a subpoena, (2) fails to

25 answer any question, except those which may incriminate

26 him, (3) fails to produce any books or papers pertinent

27 to any investigation or hearing, or (4) knowingly gives

28 false testimony therein shall be subject to the penal sections

29 of this Section. In case of contumacy or refusal to obey a

30 subpoena issued to any person, the district court within the

31 jurisdiction of which the investigation is being carried on,

32 or within the jurisdiction of which the person guilty of

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1 contumacy or refusal to obey is found, or resides, or trans-

2 acts business, upon application of the board, shall have the
8 requisite jurisdiction to issue to the person an order re-

4 quiring him to appear before the board, its member or

5 agent, and to produce the required evidence or give testi-

6 mony touching the matter under consideration or in ques-

7 tion. Any person failing to obey such order may be punished

8 by the court for contempt.

9 Any officer or employee in the classified service who

10 willfully refuses or fails to appear before any court, officer,

11 board, body or person properly authorized to conduct any

12 hearing or inquiry, or any employee or officer, who, having

13 appeared, refuses to testify or answer any relevant question

14 relating to the affairs of government of the municipality or

15 the conduct of any municipal officer or employee, except

16 upon the ground that his testimony or answers would in-

17 criminate him, shall, in addition to any other penalty to

18 which he may be subject, forfeit his position, and shall not

19 be eligible for appointment to any position in the classified

20 service for a period of six years.

21 (Y) Municipal Officers and Employees; Duties. The ap-

22 pointing authority shall report to the board within fif-

23 teen days following any appointment or employment in a

24 position in the classified service, unless otherwise prov-

25 vided, the name of the appointee, the title and character of

26 his office or employment and the date the employee com-

27 menced work in the position. The appointing authority shall

28 also report the date of and official action in, or knowledge

29 of, any separation, promotion, demotion, suspension, lay-

30 off, reinstatement, or reemployment in the classified section.

31 (Z) Acts and Activities Prohibited

32 (Z) (1) Political Activities Prohibited, (a) Political activ-

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C. P. No. 10

1 ities by and extending to employees of the classified service

2 are hereby prohibited as follows:

3 (i) No person shall seek or attempt to use any political

4 endorsement in connection with any appointment to a posi-

5 tion in the classified service.

6 (ii) No person shall use or promise to use, directly or in-

7 directly, any official authority or influence, whether pos-
g aessed or anticipated, to secure or attempt to secure for
9 any person an appointment or advantage in appointment to

10 a position in the classified service, or an increase in pay

11 or other advantage in employment in any such position, for

12 the purpose of influencing the vote or political action of

13 any person, or for any consideration.

14 (iii) No employee in the classified service shall, directly

15 of indirectly, pay, or promise to pay, any assessment,

16 subscription, or contribution for any political organization

17 or purpose, or solicit or take part in soliciting any such

18 assessment, subscription, or contribution. No person shall

19 solicit any such assessment, subscription, or contribution

20 of any employee in classified service. The prohibitions of

21 this Subsection shall not be construed as applying to mem-

22 bership dues paid, or contributions made, to nonpolitical

23 employee organizations, pension funds, civic enterprises, the

24 Louisiana Civil Service League, or any similar nonpolitical

25 and nonpartisan organization.

26 (iv) No employee in the classified service shall (a) be

27 a member of any national, state, or local committee of

28 a political party, (b) be an officer or member of a com-

29 mittee of any factional, political club or organization, (c)

30 be a candidate for nomination or election to public office,

31 (d) make any political speech or public political statement

32 in behalf of any candidate seeking to be elected to public

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1 office, or (e) take any part in the management or affairs

2 of any political party or in the political campaign of any

3 candidate for public office, except to privately express his

4 opinion and to cast his vote.

5 (v) No person elected to public office shall, while serving

6 in the elected office, be appointed to or hold any position

7 in the classified service.

8 (vi) No appointing authority, or agent or deputy thereof,

9 shall directly or indirectly demote, suspend, discharge, or

10 otherwise discipline, or threaten to demote, suspend, dis-

11 charge or otherwise discipline, or discriminate against any

12 person in the classified service for the purpose of influenc-

13 ing his vote, support, or other political activity in any

14 election or primary election. No appointing authority, or

15 agent, or deputy thereof, shall use his official authority

16 or influence, by threats, promises or other means, directly

17 or indirectly, to coerce the political action of any employee

18 in the classified service.

19 (b) The appointing authority shall discharge from the

20 .'service any employee whom he deems guilty of violating

21 any one or more of the provisions of this Section. The

22 board may, upon its own initiative, investigate any officer

23 or employee in the classified service whom it reasonably

24 believes guilty of violating any one or more of the pro-

25 visions of this Section. The board shall, within thirty days

26 after receiving the written charges, hold a public hearing

27 and investigation and determine whether such charges

28 are true and correct. If the board should find upon its

29 investigation of any employee that he has violated any

30 of the foregoing provisions, the board shall order the ap-

31 pointing authority to forthwith discharge the guilty em-

32 ployee from the service and the appointing authority shall

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C. P. No. 10

1 forthwith discharge the employee.

2 (c) Whoever violates this Section shall be subject to
8 the penalties provided in paragraph (A-2). In addition any

4 employee in the classified service who is discharged be-

5 cause of violating a foregoing provision shall not again

6 in the classified service for a period of six years from

7 the time of his discharge.

8 (2) Other Prohibited Acts. No person shall

9 (a) Make any false statement, certificate, mark, rating,

10 or report with regard to any test, certification, or appoint-

11 ment made under any provisions of this Section or commit

12 or attempt to commit any fraud preventing the impartial

13 execution of this Section and the rules.

14 (b) Directly or indirectly, give, render, pay, offer, solicit,

15 or accept any money, service, or other valuable considera-

16 tion for or on account of any appointment, proposed ap-

17 pointment, promotion, or proposed promotion to, or any

18 advantage in, a position in the classified service.

19 (c) Defeat, deceive, or obstruct any person in his right

20 to examination, eligibility, certification, or appointment

21 under this Section, or furnish to any person any special

22 or secret information for the purpose of affecting the rights

23 or prospects of any person with respect to employment

24 in the classified service.

25 (A-1) Legal Services. If this Section, or its enforce-

26 ment by the board is called into question in any judicial

27 proceeding, or if any person fails or refuses to comply

28 with the lawful orders or directions of the board, the

29 board may call upon the attorney general, or the chief
80 legal officer of the municipality, or may employ indepen-

31 dent counsel to represent it in sustaining this Section and

32 enforcing it. Nothing contained herein shall prevent any

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C. P. No. 10

1 municipal officer, employee, or private citizen from taking 1

2 legal action in the courts to enforce the provisions of 2

3 this Section or of any rule, order, or other lawful action 3

4 of the board. 4

5 (A-2) Penalties. Whoever willfully violates any provision 5

6 of this Section or of the rules shall be fined not more 6

7 than five hundred dollars and shall, for a period of six 7
g years, be ineligible for appointment to or employment in 8
9 any position of the classified service. If he is an officer 9

10 or employee of the classified service he shall forfeit his 10

11 of f ice or position. 11

12 (A-3) Effect of Other Laws. This Section shall not be 12

13 rendered ineffective by any general law affecting munici- 13

14 pal employees or municipal departments in matters of clas- 14

15 sified civil service except that the applicability of this 15

16 Section shall be subject to and governed by the provisions 16

17 on state and city civil service of the constitution pro- 17

18 vided, however, that any city and any parish government 18
IS jointly with one or more cities under a plan of govern- 19

20 ment, having once elected to accept the provisions of state 20

21 and city civil service of the constitution may subsequently 21

22 elect and determine to accept the provisions of this Section 22

23 by a majority vote of its qualified electors voting at a 23

24 general or special election, ordered and held for this pur- 24

25 pose by the city or parish authorities, as the case may 25

26 be, in the manner set forth in the provisions on state and 26

27 city civil service of the constitution, provided further, that 27

28 no local election or elections pursuant to the provisions 28
20 of state and city civil service, insofar as they apply to 29

30 and affect this Section, and no local election or elections 30

31 pursuant to this Section shall be held more often than 31

32 once every four years, in any one city. 32

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C. P. No. 10

(A-4) Provisions Self-Operative. The provisions hereof
are self-executing and self-operative and the officials desig-
nated are authorized to carry the same into effect.

(A-5) Effective Date of Provisions. Any system of muni-
cipal fire and police civil service under Act 102 of 1944,
as amended, or under the provisions of Sections 2471 through
2508 of Title 33 of the Louisiana Revised Statutes of 1950
or under any provision of the Constitution of 1921, which
is in force on the effective date of this constitution, is
continued in effect under the provisions of this Section.

The rights of any person under Act 102 of 1944, as
amended, and under the above sections of the revised
statutes which exist on the effective day of this consti-
tution are continued in effect. Every rule, classification,
plan, or allocation established under the above provisions
which is in force on the effective day of this amendment
is continued in effect until it is amended or repealed by
the proper authority under this Section.



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[1241



Reprinted as

Constitutional Convention of Louisiana of 1973
COMMITTEE PROPOSAL No. 10—

1 Introduced by Delegate Aertker, Chairman, on behalf of

2 the Committee on Education and Welfare, and Delegates

3 Come, Cowen, Flory, Grier, Landry, Leithman, Robinson,

4 Wattigny and Wisham :

5 A PROPOSAL

g Making provisions for human resources by providing for

7 municipal fire and police civil service,

g Be it adopted by the Constitutional Convention of Louisi-

9 ana of 1973:

10 ARTICLE VII. HUMAN RESOURCES

11 Section 1. Municipal Fire and Police Civil Service

22 Section 1. (A) Municipal Fire and Police Civil Service.

13 There shall be a classified civil service for fire and police

14 in municipalities which operate a regularly paid fire and

15 police department and which have a population of not less
Ig than thirteen thousand according to the latest regular fed-

17 eral census for which the official figures have been made

18 public.

19 The service shall embrace the positions of employment,

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

21 services.

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

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

24 less the context clearly requires otherwise:

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

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

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

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

29 make appointments to positions in the municipal fire and

30 police service.

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

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

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Engrossed

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C. P. No. 10

1 induction into emplojTnent in the position.

2 (4) "Board" means the municipal fire and police civil ser-

3 vice board.

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

5 nized kind of employment in the classified service, desig-
g nated to embrace positions that are so nearly alike in the
7 essential character of their duties, responsibilities, and con-
g sequent qualification requirements, that they can fairly and
9 equitably be treated alike under like conditions for all per-

1') sonnel purposes.

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

12 tions established for the classified service.

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

14 position of trust or employment in the municipal govern-

15 ment which has as its primary duty one of the functions
1(5 specifically set forth to be included in the classified service
17 by the provisions of this Section, and excludes all elective
IS and appointive offices and positions of trust or employment

19 which have a primary duty specifically set forth to be in-

20 eluded in the unclassified service by the provisions of this

21 Section.

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

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

24 of a lower class which generally affords less responsibility

25 and pay.

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

27 .service offered and performed separately by the fire and

28 by the police departments of the municipality.

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

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

81 position.

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

P.-;.'e 2



[125]



Reprinted as

CC-1003
C. P. No. 10

1 employment list, a promotional employment list, a competi-

2 tive employment list, and a reemployment list.

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

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

5 for services to be rendered by one person.

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

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

8 of a higher class which generally affords increased responsi-

9 bilities and pay.

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

11 means an employment list containing the names of eligible

12 persons established from the results of promotion tests

13 given for a particular class of positions which is not specifi-

14 cally required by this Section to be established from the re-

15 suits of a competitive test.

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

17 particular class which is not specifically required by this

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

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

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

21 classified service.

22 (17) "Reemployment list" means an employment list for
28 the entrance or lowest-ranking class in the classified ser-

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

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

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

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

28 who have resigned or have been discharged.

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

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

81 classified service in accordance with this Section after com-

82 pleting his working test period.

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Engrossed

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C. p. No. 10

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

2 list" means an employment list containing names of persons

3 eligible for reinstatement in positions of a class from which

4 they have been demoted for reasons other than disciplinary

5 action.

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

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

8 was regularly and permanently appointed and has worked

9 continuously to and including the date of computation. Time

10 during which an employee has served in the armed forces

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

12 construed to mean continuous service and shall be included

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

14 departmental service, including positions of any and all

15 classes, or seniority in any one or more given classes, may
J J be computed for an employee ; but in either case employ-

17 ment shall be continuous and unbroken by a resignation or

18 discharge of the respective employee. An employee who is

19 finally discharged or resigns from his position shall for-

20 felt all accumulated seniority. An employee who is sus-

21 pended and returns to his position immediately following

22 the expiration of his suspension shall not forfeit his seniority

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

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

25 tion.

26 (21) "Temporary appointment" means the appointment of

27 an employee for limited period of service without acquisi-

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

29 tained beyond the period.

30 (C) Municipal Fire and Police Civil Service Boards

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

service board is created in the municipal government. The
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Reprinted as Engrossed



CC-1003

C. P. No. 10

1 board shall be composed of five members who shall serve

2 without compensation. The board shall have a chairman,
Q vice chairman, and a secretary. The domicile of the board

4 shall be in the municipality it serves.

5 (2) Eligibility. To be eligible for appointment or to serve
g as a member of a board a person shall be a citizen of
Y the United States of America, a resident of the municipality
g in which he is to serve for at least five years next preced-
g ing his appointment, and shall, at the time of his appoint-

20 ment, be a qualified voter of the municipality. Any employ-
1]^ ea while serving as a member of a board shall occupy
10 ^s ^ regular employee a position or office lower than that of



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 20 of 65)