Louisiana. Constitutional Convention (1973).

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

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Ig shall be adopted as rules of the board, in the manner pro-

19 vided by this Section for the adoption of rules. Rules creat-

20 ing the classification plan, future classifications, abolition

21 of any classification, any amendment thereto, or revision

22 thereof shall be adopted by a board only after consultation

23 with the appointing authority, and the state examiner.

24 The original classification plan to be established when this

25 Section takes effect in a municipality shall be prepared, after

26 consultation with the appointing authority, and submitted

27 to the board for its approval and adoption, by the state

28 examiner. The board may amend or revise the classification

29 plans before adopting them. The state examiner shall ad-

30 vise and assist the board in all future classifications when

31 requested to do so.

32 (2) Allocation of Positions. The board, or chairman there-

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1 of subject to the subsequent approval of the board, as soon

2 as practicable (not exceeding forty-five days) after the

3 adoption of a classification plan, after consultation vi'ith the

4 appointing authorities concerned, shall allocate each posi-

5 tion in the classified service to its appropriate class; and

6 thereafter shall likewise allocate each new position created

7 in the service, and, when for the benefit of the service, re-

8 allocate positions from class to class.

9 Whenever the duties of a position are so changed by the

10 appointing authority that the position in effect becomes one

11 of a different class from that to which it is allocated, the

12 change shall operate to abolish the position and to create

13 a new position of the different class.

14 Whenever the board finds any change in the duties of any

15 position in the classified service was brought about by the

16 appointing authority to effect a reduction in the classifica-

17 tion of any employee because of political, religious, or dis-

18 criminatory reasons, or without just cause, it shall refuse

19 to recognize any such action, and shall order the appointing

20 authority to continue the employee in the position and class

21 with all rights and privileges.

22 (3) Use of Class Titles. The title of each class shall be

23 the official title of every position allocated to the class, for

24 all purposes having to do with the position as such, and

25 shall be used to the exclusion of all other titles on all pay-

26 rolls, budget estimates, and official records and reports

27 pertaining to the position, except that any abbreviation or

28 code symbol by the board may be used to designate a posi-

29 tion of a class. Any other title satisfactory to the appoint-

30 ing authority may be used in official correspondence and in

31 any other connection not having to do with the personnel

32 processes covered by this Section. No employee shail be ap-

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C. P. No. 10

1 pointed, employed, or paid under any title other than that

2 of the class to which the position occupied by him is allo-

3 cated.

4 (4) Status of Incumbent. Every person employed in the

5 municipal fire and police services for a continuous period

6 of at least six calendar months immediately preceding the

7 date that this Section takes effect in the municipality, who

8 was regularly and permanently appointed to a position com-

9 ing under the classified service, shall be inducted into and

10 bound under the classified service, the provisions of this

11 Section, and the rules adopted hereunder.

12 When any position is first allocated hereunder, or is re-

13 allocated to a different class to correct an error in its pre-

14 vious allocation, or because of a change in the duties of

15 a position which has the effect of abolishing the position

16 and creating a new position of another class, the employee

17 and the position may continue to serve therein, with the

18 status and all the rights and privileges he would have had

19 under this Section if he had been originally appointed by

20 examination and certification hereunder to a position of

21 the class to which the position has been allocated or re-

22 allocated. Such employee, however, may be transferred

23 without further tests of fitness or certification to any posi-

24 tion of the class to which the position was previously allo-

25 cated while held by the employee.

26 Any employee who feels himself aggrieved because of any

27 allocation or change in classification affecting his position

28 shall, upon his request, be heard thereon by the board; and

29 the board shall hear and decide the complaint in any manner

30 deemed proper.

31 (L) Vacancies; Methods of Filling. Vacancies in positions

32 in the classified service shall be filled by one of the foUow-

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1 ing methods :

2 (1) Demotion

3 (2) Transfer

4 (3) Reinstatement

5 (4) Promotional appointment
£ (5) Competitive appointment
7 (6) Reemployment

g (7) Temporary appointment.

9 A vacancy shall be considered filled under any of the

10 methods specified above, and employment thereunder effec-

11 tive, as of the date on which the employee enters upon the

12 duties thereof.

13 (M) Demotion. Demotions of regular employees shall be

14 made by the appointing authority when it becomes neces-

15 sary to reduce the number of employees in the classified
Ig service or in any class therein. Demotions from any class,

17 except for disciplinary action or because of the abolition

18 of an entire class in the classified service, shall be made

19 by demoting employees from lowest to highest in point

20 of total seniority earned in positions of the class plus

21 that earned in any higher classes in the classified ser-

22 vice. The names of regular employees demoted for any

23 reason, except for disciplinary action, shall be recorded upon

24 the reinstatement list for the class from which they are

25 demoted in the order in which the demotions are made.

26 (N) Transfer. Any employee may be transferred from

27 any position in the classified service to any other posi-

28 tion of the same class within the classified service, at

29 the pleasure of the appointing authority without notice to
80 and confirmation by the board.

31 Any regular employee so transferred shall have the right

32 of appeal to his board upon the grounds (1) that his trans-

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C. P. No. 10

1 fer was made to a position not included within the class

2 to which his position was previously allocated, or (2) that

3 the position to which he has been transferred is not in-

4 eluded within the classified service, or (3) the transfer was

5 made deliberately to discriminate against him.
g (0) Reinstatement; Reemployment

7 (0) (1) Each employee who, during or at the expiration

g of his working test period of probation following his pro-

9 motion after being certified from an appropriate employ-

10 ment list, is rejected and refused permanent status in the

11 position and class to which he was promoted, shall be

12 automatically reinstated to the position from which he was

13 promoted without his name being placed upon any list.

14 (2) All employees whose names appear upon the rein-

15 statement list for a prospective class shall be reinstated

16 in a position thereof, in the reverse order from which

17 their names were placed upon the list, before any other
Ig appointment is made therein.

19 (3) All employees whose names appear upon the reem-

20 ployment list for a class from which they laid off accord-

21 ing to the provisions of paragraph (U) shall be reemployed

22 in a position thereof, or offered such appointment, in the

23 reverse order from which their names were placed upon

24 the list for the class, before any other employment or ap-

25 pointment is made in it.

26 (4) Any regular employee who resigns from a position

27 in the classified service may, with the prior approval of

28 the board, be reemployed in a position of the class or in

29 a position of any lower class for which he is qualified,

30 provided, that the reemployment is made within four years
81 of the date of resignation, and that no person whose name
32 appears upon either the reinstatement, employment, or re-
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1 employment list for a class to which any such person is

2 reemployed is willing to accept an appointment therein.
q Any person who is reemployed shall be physically fit to
A perform the duties of the position to which he is appointed.
c He shall furnish a favorable medical certificate to the ap-
g pointing authority and the board after a recent exam-
n ination by a practicing physician.

Q (P) Employment Lists; Establishment and Maintenance.

Q The board shall establish and maintain employment lists

in containing names of persons eligible for appointment to

11 the various classes of positions in the classified service,



12



as follows :



lo (1) Names of regular employees who are demoted from

1 J any class for a reason other than disciplinary action shall

ig be placed upon the reinstatement list for the class from

ig which they were demoted in the order in which the demo-

jy tions were made.

iQ (2) Only the names of regular employees who have

J9 been laid off in accordance with provision of paragraph

20 (U) shall be eligible for entry upon the reemployment

21 list. The names of such persons shall be entered upon

22 the reemployment list for the class from which they were

23 laid off in the order in which the layoffs were made.

24 (3) A nam? placed upon either the reinstatement or the

25 reemployment list shall remain thereon for a period of

26 four years. The board, however, may remove the name

27 of any person who refuses an offer of employment fol-

28 lov.in;r a certification from either list.

29 (4) Names of persons attaining a passing score on a

30 promotion test shall be placed upon the promotion employ-

31 ment list for the class for which they were tested, from
82 highest to lowest, according to their total seniority in the

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C. P. No. 10

1 departmental service. The names of persons attaining a

2 passing score on a competitive test shall be placed upon

3 the competitive employment list for the class for which

4 they were tested, from highest to lowest, according to

5 their final test scores.

6 (5) Any person whose name is placed upon the com-

7 petitive employment list for the entrance or lowest-ranking

8 class in the classified service who has served in the armed
g forces of the United States of America during the times

10 of war, and has been honorably discharged or discharged

11 under honorable conditions, shall have added to his final

12 test score a total of five points at the time of placing

13 his name upon the list. Proof of such service and dis-

14 charge shall be required by the board in any manner it

15 deems advisable.

] ._; (6) The minimum and maximum period for which a

17 name may remain upon a promotional and competitive em-

18 ployment list shall be twelve and eighteen months, respec-

19 tively, for each list.

20 (7) The employment list for which eligibles are obtained

21 from the results of tests given for that purpose shall be

22 reestablished in the manner further provided in this Section.

23 (8) When new names are to be placed upon a promo-

24 tion list for a given class, the remaining names thereon

25 shall be rearranged with the new names so that all names

26 appearing upon the list for the class shall rank, from

27 highest to lowest, according to total seniority in the de-

28 partmental service. When new names are to be placed

29 upon a competitive list for a given class, the remaining

30 names thereon shall be rearranged with the new names

31 so that all names appearing upon the list for the class
i^2 shall rank, from higrhest to lowest, according to their final

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1 test scores.

2 (Q) Testing Procedure

3 (Q) (1) Tests; Eligibility Determination. The board shall

4 provide through the state examiner for tests to determine

5 the eligibility of applicants for entry upon the promotional

6 and competitive employment lists, as follows :

7 (a) Official notice of examination shall be posted on
g the bulletin board in each station of the respective depart-
9 ment. The notice shall state (1) class of positions for

10 which tests will be given, (2) whether the tests will be

11 given on a promotional or competitive basis, and (3) the
}1 final date on which applications for admission to the tests
J 3 will be received. The notice shall be posted for a con-
l\ tiniious period of thirty days preceding the date for ad-
1^, ministerin? the tests. In addition to the posted notice.
If) public notice for all tests to be given on a competitive
1 J basis shall be published at least four times during the
i;i thirty-day period in the official journal of the municipality

19 in which such tests are to be held. This notice of examina-

20 tion need not reveal the exact date on which tests shall

21 be administered, but all applicants shall be advised the

22 date, place, and time to report for an announced test at

23 least five days in advance thereof in any manner the

24 board may prescribe. Each person comprising a group of

25 candidates being tested at a given time for the same

26 class of employment shall be given the same test, and it

27 shall be administered in the same manner to each can-

28 didate. No questions shall be framed so as to elicit in-

29 formation concerning the political, factional, or religious

30 opinions or affiliations of any applicant.

31 (b) All tests shall be restricted to those matters which
82 will fairly test the relative capacity and fitness of the

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C. P. No. 10

i candidates to discharge the duties characteristic of posi-

2 tions of the class to which they seek to be appointed.

3 Tests may include written or oral questions, trials on the

4 performance of work characteristic of the class, inquiries

5 into facts relating to education, experience, or accomplish-

6 ments in specialized lines of endeavor, or any combination

7 of these and other elements duly related to the purpose

8 of the tests.

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

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

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

12 in the classified service, except those classes in which
18 positions shall be filled only from the competitive list,

14 may be held as the needs of the service require, but must

15 be given at least one time during each successive period

16 of eighteen months.

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

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

19 pri.



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 22 of 65)