Louisiana. Constitutional Convention (1973).

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

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

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

15 ing a period of six months immediately preceding his ap-
ig pointment, a member of any local, state, or national com-
1'j mittee of a political party, or an officer or member of a
j^g committee in any factional political club or organization. Xo
j^9 member of a board shall be a candidate for nomination or

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

21 or position of public employement, except that of notary

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

23 nicipal fire or police department which is expressly re-

24 quired by the provisions of this Section.

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

26 pointed by the governing body as follows :

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

28 its own nomination.

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

30 nominees, which shall be furnished within thirty days after

31 receiving such request by the executive head or a legally

32 chartered and established institution of higher education lo-

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C. P. No. 10

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

2 tution in the municipality, by the executive head of any
g such institution of the governing body's choice within the

4 state.

5 (c) Two members shall be appointed who shall be first
g nominated and elected by and from the regular employees of
7 the fire and police departments as follows :

g One member shall be elected and appointed from the fire

9 department, and one member shall be elected and appointed

JQ from the police department. The employee-nominee from

11 each department shall be elected by secret ballot of the

12 regular employees of his respective department at an elec-

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

14 the department. The chief of each department shall call

15 such an election within forty-five days after this Section
Ig takes effect in the municipality by posting, for a fifteen-

17 day continuous period immediately preceding the election,

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

19 of his department; and shall officially notify the governing

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

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

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

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

24 only in the case of a tie vote.

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

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

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

28 appointed by the governing body of the municipality upon

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

30 the first employee members nominated and appointed as

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

32 ber shall serve until his successor has been appointed and

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C. P. No. 10

1 qualified.

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

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

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

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

6 outgoing member was appointed; and such successive ap-

7 pointment shall be made within ninety days immediately

8 following the expiration or vacancy.

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

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

11 include a statement to uphold the constitution and laws of

12 Louisiana and of the United States; to administer faithfully

13 and impartially the provisions of this Section and the rules

14 adopted under the authority of this Section.

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

16 removal from office by judgment of the district court of

17 his domicile for high crimes and misdemeanors in office,

18 incompetency, corruption, favoritism, extortion, oppression in

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

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

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

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

23 citizens and taxpayers of the municipality of which the

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

25 ciate in the diligent prosecution of such suit any attorney

26 selected and employed by the citizens and taxpayers.

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

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

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

30 board members, each appointee of his appointment and

31 term of office as a member of the municipal fire and
1^2 police civil service board; and, an official record thereof



Engrossed

CC-1003

C. p. No. 10

1 shall be placed in the official minutes of the governing

2 body.

3 New members of the board shall meet within thirty days

4 after their appointment in their first official meeting; take

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

6 and transact any other business pertinent at that time.

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

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

9 minister it.

10 A chairman and vice chairman shall be elected by the

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

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

13 currently with that for which he was appointed a member

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

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

16 the office or from the board or his removal from the

17 board.

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

19 shall be filled :

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

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

22 of the municipality to fill such office ex officio;

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

24 other person a salary not to exceed twenty dollars per

25 month; or

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

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

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

29 serving as secretary of a board, except a member thereof,
80 shall have the right to vote in its proceedings. The secre-
1 tary shall attend the meetings of the board; keep a record
>J'2 of its proceedings; attend to correspondence directed to

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C. P. No. 10
him, and other correspondence ordered by the chairman;
perform other functions assigned to him by the board; and
cooperate with the state examiner in a manner that will
assist the examiner to carry out effectively the duties im-
posed upon him by this Section or those functions which
may be requested of him by the board.

The board shall meet at any time after its original meet-
ing upon the call of the chairman, who shall give all mem-
bers of the board due notice thereof. The chairman of the
board shall call, and the members of the board shall attend,
one regular meeting of the board within each quarterly
period of each calendar year. If a chairman fails or re-
fuses to call such quarterly meeting of his hoard, the mem-
bers of the board shall meet upon the written call of any
two members mailed ten days in advance of the meeting.
Four members of the board shall constitute a quorum, and
the concurring votes of any three members comprising the
quorum of the board shall be sufficient for the decLsion
of all matters to be decided or transacted by it. Meetings
of the boards shall be open to the public.

(D) Board; Duties

(D) (1) Represent the public interest in matters of per-
sonnel administration in the fire and police services of the
said municipal government.

(2) Advise and assist the governing body, mayor, com-
missioner of public safety, and the chiefs of the fire and
police departments of the municipality, with reference to
the maintenance and improvement of personnel standards
and administration in the fire and police services, and the
classified system.

(3) Advise and assist the employees in the classified
service with reference to the maintenance, improvement,

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Engrossed

CC-1003

C. p. No. 10

j^ and administration of personnel matters related to any in-

2 dividual or group of employees.

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

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

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

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

7 ing the administration of personnel or the compliance with
g the provisions of this Section in the said municipal fire
9 and police services; review, and modify or set aside upon

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

\l which it determines to be desirable or necessary in the

12 public interest, or to carry out effectively the provisions

13 and purposes of this Section.

14 (5) Conduct investigations and pass upon complaints by

15 or against any officer or employee in the classified service

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

17 lition thereof, suspension or dismissal of the officer or em-

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

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

20 missioner of public safety, the chiefs of the departments

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

22 pal fire and police civil service bring before it.

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

24 to carry out effectively the provisions of this Section.

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

26 sification plan shall be adopted and maintained by rules

27 of the board.

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

29 own motion or upon the official request of the governing

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

81 ministration in and for the municipal fire and police services
32 of the municipality, or with reference to any appropria-

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Reprinted as

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tion made by the governing body for the expenses incidental
to the operation of the board.

(E) Rules. Each board may adopt and execute rules, regu-
lations, and orders necessary or desirable effectively to carry
out the provisions of this Section and shall do so when
expressly required by this Section. No rule, regulation, or
order shall be contrary to, or in violation of, any provisions,
purpose, or intent of this Section or contrary to any other
provisions of law. The board may amend or repeal any
rule or part thereof in the same manner provided herein
for the adoption of the rule. All rules shall be applicaijle
to both the fire and police classified services, unless by
express provisions therein, it is made applicable to only
one of the services.

A board may adopt any rule, either in its proposed or
revised form, after holding a public hearing at which any
municipal officer, employee, private citizen, and the state
examiner shall be given an opportunity to show cause why
the proposed rule, amendment, or any part thereof should
not be adopted. Before the board holds this public hearing,
it shall furnish at least thirty days notice in advance of
the date, time, and place therefor to the mayor, commis-
sioner of public safety, and other municipal commissioner
whom the rule may in any way effect, the chief and each
station of the departmental service to be affected by the
adoption of any such rule, and to the state examiner. A
copy of all proposed rules to be discussed at any hearing
shall be furnished with all notices. Each notice and copy
of a proposed rule furnished the various stations of a re-
spective department shall be posted upon the bulletin board
of each station for a period of at least thirty days in
advance of the hearing.

Pap;e 11



Engrossed

CC-1003

C. P. No. 10

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

2 whether it is a new rule or amendment of an existing rule,
8 or an abolition in whole or part thereof, it shall furnish

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

5 above.

6 Rules adopted under the authority of this Section shall

7 have the force and effect of law.

8 (F) Personnel

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

10 is created. He shall be a resident and qualified voter of

11 the state. He shall be a person who has had experience

12 in the field of personnel administration. He and the deputy
18 state examiner of the municipal fire and police civil service
14 shall come within and be bound under and amenable to
IB the classified service of the state as established and exist-
18 ing, except no pay plan thereunder shall be applicable to

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

18 examiner and deputy state examiner shall be subject to

19 removal and other disciplinary action by the State Civil

20 Service Commission only for a good and sufficient cause

21 set forth in written charges filed with the commission by

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

23 created by this Section or by any qualified elector of the

24 state, and only after a public hearing by the state com-

26 mission to be in accordance with rules to be adopted by
28 the said commission.

27 (2) Deputy State Examiner. The office of deputy state

28 examiner of Municipal Fire and Police Civil Service is

29 created, subject to the supervision and orders of the state

80 examiner; he is authorized and empowered to exercise the

81 authority and perform the duties of the state examiner

82 as herein provided. He shall receive and be paid a salary

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]^ in the amount fixed by the governor and shall be paid

2 traveling time and living expenses while away from the

3 place of his residence.

4 (3) The State Civil Service Commission shall exercise

5 no administrative control over the state examiner or deputy

6 state examiner. Its functions and powers relating to this

7 office shall consist solely of the right of appointment, hear-

8 ing of charges for removal or other disciplinary action

9 legally brought against the incumbents of these offices, and

10 the ordering of their removal or the rendering of such other

11 judgment of a disciplinary nature as it may deem proper

12 after a hearing.

18 (4) Vacancy. When a vacancy occurs in the office of

14 the said state examiner or deputy state examiner, the State

16 Civil Service Commi-ssion shall make a provisional appoint-
1^ ment of any person it deems qualified to fill the vacancy

17 until a competitive examination can be given by and under

18 the directions of the State Civil Service Commission; and

19 until a list of persons eligible for appointment to the office

20 can be estf.'.Jished. As soon as such list can be and is

21 established, the State Civil Service Commission shall ap-

22 point one of the three persons ranking highest upon said

23 eligible list to fill the office; and the person thus appointed

24 shall serve a working test period of six months which

25 shall be considered a portion of the examination. At the

26 termination of such working test period, if successfully com-

27 pleted, the appointee shall become a regular employee as

28 defined in the State Civil Service Law and subject and

29 amenable thereto to the same extent as the original state

30 examiner as hereinbefore set forth and may be subjected

31 to removal or other disciplinary action by the State

32 Civil Service Commission only for a good and sufficient

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Engrossed

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C. P. No. 10

3 cause set forth in written charges filed with the commission

2 by any one of the municipal fire and police civil service

3 boards created by this act, or by any qualified elector

4 of the state, and only after a public hearing by the state

5 commission to be held in accordance with rules to be adopted
g by the State Civil Service Commission.

7 (G) State Examiner ; Location ; Salary ; Duties

8 (G) (1) Location. The state examiner shall maintain a

9 suitable office in the city of Baton Rouge. The officer
IQ charged by law with the custody of state buildings shall

11 assign suitable office space to the examiner. The examiner

12 shall appoint employees necessary for him to carry out his

13 duties effectively. All of the employees appointed by the

14 state examiner, except persons employed on a temporary

15 basis to conduct or assist in giving examinations, shall be

16 selected by him after certification to him by the State

17 Department of Civil Service of names from eligible lists es-

18 tablished by the State Department of Civil Service; and

19 they shall, in all other respects, be covered by the provi-

20 sions of existing civil service laws and rules and regulations

21 legally adopted by the Department of State Civil Service.

22 (2) Salary. The state examiner shall serve on a full-time

23 basis. He shall be paid a salary of not less than forty-two

24 hundred dollars per year. He shall be paid for his traveling

25 and living expenses while away from the city of Baton Rouge.

26 The state examiner shall take the oath of office and fur-

27 nish bond for the faithful performance of his duties accord-

28 ing to law in the sum of five thousand dollars. The pre-

29 mium of the bond shall be paid from the funds appropriated

30 to the state examiner. The state examiner shall be ex offi-

31 cio a notary public for the state at large.

32 The state examiner may obtain on a contractual or fee

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C. P. No. 10

1 basis the services which his office is unable to supply and

2 which are necessary for his compliance with the provisions

3 of this Section.

4 (3) Duties. The state examiner shall :

5 (a) Assist the various boards in an advisory capacity in

6 the discharge of their duties.

7 (b) Prepare and submit a classification plan to each

8 board for its approval, after consultation with the appoint-

9 ing and departmental authorities of the departmental ser-

10 vice for which a plan is prepared and submitted, as pro-

11 vided in paragraph (K).

12 (c) Prepare and administer tests of fitness for original

13 entrance and promotion to applicants for positions in the re-

14 spective classified service of the municipalities; score the

15 tests and furnish the results to the board for which the

16 tests are given.

17 (d) Cooperate with the secretary of each board in main-

18 taining a roster of all fire and police civil service employ-

19 ees in which shall be set forth the name of each employee,

20 the class title of position held, the salary or other compen-

21 sation, any change in class title, and any other necessary

22 data.

23 (e) Act as secretary of any said board requesting such

24 service.

25 (f) Assist and cooperate in an advisory manner with the

26 various appointing authorities, department officers, and the

27 the classified employees, of the municipalities regarding the

28 duties and obligations imposed upon them by the provisions

29 of this Section.

30 (g) Encourage employee training in the classified service

31 and, when possible, attend the training courses or parts

32 thereof.

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Engrossed

CC-1003

C. P. No. 10

1 (h) Make annual or biennial reports regarding the work

2 of his office to the governor.

3 (i) The state examiner may delegate to the deputy state

4 examiner such of the above duties as he may deem ex-

5 pedient.

6 (H) Appropriations; Facilities for Board. The legislature

7 shall make adequate annual appropriations to enable the

8 state examiner and deputy state examiner to carry out ef-

9 fectively the duties imposed upon them by this Section. The

10 governing body of the municipality shall make adequate

11 annual appropriations to enable the board of the municipal-

12 ity to carry out effectively the duties imposed upon the

13 board and shall furnish the board with office space, fur-

14 nishings, equipment, and supplies and materials necessary

15 for its operation.

16 (I) Classified and Unclassified Service

17 (I) (1) Classified Service. The classified service shall

18 comprise every position, except those included in the un-

19 classified service, to which the right of employee selection,

20 appointment, supervision, and discharge is vested in the

21 municipal government or with an officer or employee there-

22 of, and which has as its primary duty and responsibility

23 one of the following:

24 Fire

25 (a) The chief and assistant chief; the intradepartmental

26 division, bureau, squad, platoon, and company officers of

27 the fire department.

28 (b) Fire fighting.

29 (c) Fire preventions; inspection.

30 (d) Driving, tillering, and operation of fire apparatus.

31 (e) Operation and maintenance of radio, fire alarm, or

32 signal system.

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2 (f) Fire department instructors in employee training.

2 (g) Fire salvage and overhauling services; and first aid.

q (h) Automotive or fire apparatus repairs, if such service

4 is operated exclusively by and for either or both the fire

5 or police department.

g (i) Secretary to the chief. Departmental records clerk.

Y (2) Unclassified Service.

g (a) All officers, employees, and positions of employment

Q in the municipal government, not having as a principal

iQ duty one of the duties hereinabove provided in the classi-

■t-^ fied service.

lo (b) Officers elected by popular vote and persons appoint-

23 ed to fill vacancies in elective offices.

14 (c) Secretaries, stenographers, and all.clerical positions not

1 c specifically included in the classified service.

ic (d) Pound keepers, dogcatchers, janitors, porters, elevator

JY operators, chefs, kitchen helpers and workers, mechanics'

jg helpers, car washers, unskilled labor, special guards at

29 schools, or any part-time, or temporary employeo.

20 (e) Any position of employment, the duties of which are

21 included in the classified service, to which the right of em-

22 ployee selection, appointment, supervision, and discharge

23 vested in and with those other than the municipal govern-

24 ment or an officer or employee thereof.

25 (J) Veterans; Reinstatement. Any regular and permanent

26 employee who left a position of the departmental service,

27 which now comes within the classified service, subsequent

28 to May 1, 1940, and entered the armed forces of the United

29 States shall be restored to his position and, thereafter, be

30 subject to the rights and jurisdiction of the classified ser-

31 vice created by this Section if he makes application there-

32 for to the appointing authority within sixty days from the

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CC-1003
C. P. No. 10
I date of his honorable discharge or discharge under honor-



o able conditions, and is physically and mentally capable of

Q performing the work of his position to the satisfaction of

4 the appointing authority.

g (K) Classification Plan ; Allocation ; Use

g (K) (1) Classification Plan. Each board, as soon as prac-

Y ticable (not to exceed a period of eighteen months) after

g this Section takes effect in the municipality, shall adopt a

9 classification plan for the fire and police services of the

10 municipality. Each classification plan shall consist of clas-

11 ses to be designated either by standard titles, ranks, or

12 a combination thereof, for all positions included in the

13 classified service for each of the fire and police services.

14 The classification plan may be divided into groups of classes.

15 The various classes of positions shall be arranged in each

16 classification plan so as to show the principal and natural

17 lines of promotion and demotion. The classification plan



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 21 of 65)