Louisiana. Constitutional Convention (1973).

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

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24 shall next certify the names of persons upon the promotional

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

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

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

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

29 seniority in the departmental .service. Any remaining posi-

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

31 appointing to each such successive vacancy the one of the

32 remaining persons certified therefor who has the next

Pa;,o 31



Engrossed

CC-1003

C. P. No. 10

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

2 more persons so certified should refuse the appointment, the

3 appointing authority shall then select and appoint one of

4 the persons certified by the board with the next highest

5 seniority in the departmental service. This procedure shall

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

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

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

9 appointment, or until each person whose name appears upon

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

11 pointment for the vacancy.

12 (J) Certification and appointment from the competitive

13 list shall be limited to those conditions and classifications

14 for which the competitive test may be given as provided

15 'y paragraph (Q). Upon the appointing authority's request

16 for the certification of eligible persons from which he may

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

18 priate list from which the names of eligible persons shall

19 'le certified, the ! oard shall certify the names of the persons

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

21 for tho clas3 in which the vacancy is to be filled. The ap-

22 pointing authority shall select and appoint to the first va-
28 cancy to be filled, any one of the persons so certified to

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

25 fied should refuse the appointment, the appointing author-

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

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

28 lowed until the position has been filled by appointment of

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

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

31 pears upon the list has in this manner been certified for
eJi in" vacancy.

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CC-1003

C. p. No. 10

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

2 from which the regular employee is away on an authorized

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

4 visions of this Subsection.

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

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

7 (2) Temporary Appointments. Temporary appointments
g m^iy 'ce made to positions in the classified service without
9 th2 appo.ntees acquiring any permanent status therein, as

10 follows:

11 (a) (i) When a vacancy is to be filled in a position of a

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

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

14 pointment, the appointing authority may make a provi-

15 sional appointment of any person whom he deems qualified.

16 When praticable, the appointment should be made by the

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

18 provisional appointment shall not continue for more than

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

20 filled by one or more provisional appointments for a period

21 in excess of three consecutive months and successive like

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

23 authorize the renewal of such appointment, or authorize

24 such successive appointments for a period not to exceed

25 three additional months whenever it has been impracticable

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

27 fication and appointment to a vacancy. Any provisional ap-

28 pointment, if not terminated sooner, shall terminate upon

29 the regular filling of the vacancy in any manner authorized

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

31 after a certification from which a regular, or substitute ap-

32 pointment, as the case may be, can be made under the pro-

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Engrossed

CC-1003
C. P. No. 10

\ visions of this Section. A provisional appointment shall be

2 reported to the board within fifteen days following the

3 appointment.

4 (ii) During the times of war, and after the board con-

5 tinues to offer tests provided by this Section in an effort

6 to obtain persons eligible for regular and permanent appoint-

7 ment to a position of any class which has been permanently

8 vacated by the regular employee thereof, and it finds it im-

9 possible to establish a list of persons qualified for certifica-

10 tion and permanent appointment to the position in the

11 classified service, it may authorize the appointing author-

12 ity to fill the position with a provisional appointee until

13 the appropriate employment list can be established.

14 (iii) Provisional appointments may be made in any position

15 until a classification plan is prepared and adopted and for

16 such time thereafter as may be required for the preparation

17 and administration of tests and the establishment of em-

18 ployment lists from the results of the tests. But such special

19 authority shall be valid for a period of not more than

20 eighteen months immediately following the date that this

21 Section takes effect in the municipality.

22 (b) A substitute appointment may be made to any position

23 in the classified service (1) from which the regular and

24 permanent employee is away on an authorized leave of absence,

25 or (2) from which the regular employee is substituting for

26 some other regular employee who is authorized to be away

27 from his respective position. No position shall be filled by a

28 substitute appointee for a time beyond that for which the

29 regular and permanent incumbent is away on an authorized

30 leave. Whenever such appointment shall continue for not more

31 than thirty days, the appointing authority may appoint

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

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CC-1003

C. p. No. 10

]^ pointments made for a period exceeding thirty days shall

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

3 for the filling of a vacancy by a regular and permanent

4 appointment. Any person employed on a substitute basis

5 shall, for the duration of the temporary employment, enjoy

6 the class title and be entitled to receive the rate of pay for

7 the class and position in which he is employed. The ap-

8 pointing authority shall notify the board within fifteen days

9 following any substitute appointment made for a period

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

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

12 made and atL".ch to the notification a signed copy of the

13 leave of absence granted the employee for whom the appointee

14 is substituting.

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

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

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

18 appointment shall be effective or continued for more than

19 ten days.

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

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

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

23 tion and sick leaves with pay, and special leaves with or

24 without pay. They may provide for special extended leaves

25 with or without pay or with reduced pay for employees

26 disabled through injury or illness arising out of their em-

27 ployment. The right to regulate the time at which any em-

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

29 is not beyond the control of the employee, shall be vested at

30 all times with the appointing authority.

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

32 thority abolishes a position in the classified service and

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Engrossed

CC-1003

C. P. No. 10

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

2 the regular employee of the abolished position may be

3 transferred, the employee shall be transferred to any position

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

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

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

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

8 vided by paragraph (M).

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

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

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

12 become overburdened with the number of persons holding

13 positions therein, and a reduction of personnel becomes

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

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

16 the person youngest in point of his accumulated total service

17 in the departmental service and shall continue upward until

18 all persons to be removed iiave been laid off. Layoffs shall

19 be made from positions only within the classes above set

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

21 position held, and the order in which each person was

22 laid off shall be reported to the board by the appointing

23 authority. The board shall, thereupon, enter such information

24 upon the reemployment list applicable for the class from

25 which each person was removed.

26 (V) Corrective and Disciplinary Action

27 (V) (1) The tenure of persons who have been regularly

28 and permanently inducted into positions of the classified

29 service shall be during good behavior. However, the ap-

30 pointing authority may remove any employee from the serv-

31 ice, or take such disciplinary action as the circumstances

32 warrant in the manner provided below for any one of the

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[142]



Reprinted as

CC-1003

C. P. No. 10

2 following reasons :

2 (a) Unwillingness or failure to perform the duties of

3 his position in a satisfactory manner.

4 (b) The deliberate omission of any act that it was his

5 duty to perform.

g (c) The commission or omission of any act to the prejudice

7 of the departmental service or contrary to the public interest

8 or policy.

9 (d) Insubordination.

IQ (e) Conduct of a discourteous or wantonly offensive nature

J J toward the public; any municipal officer or employee; and,

J2 any dishonest, disgraceful, or immoral conduct.

13 (f) Drinking vinous or spiritous liquors while on duty or

14 reporting for duty while under the influence of liquor.

15 (g) The use of intoxicating liquors, or habit-forming drug,

16 liquid, or preparation to an extent which precludes the em-

17 ployee from performing the duties of his position in a safe

18 or satisfactory manner.

19 (h) The conviction of a felony.

20 (i) Falsely making a statement of any material fact in

21 his application for admission to any test for securing eligibi-

22 lity or appointment ifi any position in the classified service,
28 or, practicing or attempting to practice fraud or deception

24 in any test.

25 (J) Using or promising to use his influence or official
28 authority to secure any appointment to a position within

27 the classified service as a reward or return for partisan

28 or political services.

29 (k) Soliciting or receiving any money or valuable thing

30 from any person for any political party or political purpose.

31 (1) Inducing or attempting to induce by treats of coercion,

32 any person holding a position in the classified service to

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Engrossed

CC-1003

C. P. No. 10

1 resign his position, take a leave of absence from his duties,

2 or waive any of his rights under the provisions of this Sec-
8 tion, or of the rules.

4 (m) The development of any defect of physical condition

5 which precludes the employee from properly performing the

6 duties of his position, or the development of any physical

7 condition that may endanger the health or lives of fellow

8 employees.

9 (n) The willful violation of any provision of this Section

10 or of any rule, regulation, or order hereunder.

11 (o) Any other act or failure to act which the board deems

12 sufficient to show the offender to be an unsuitable or unfit

13 person to be employed in the respective service.

14 (2) Unless the cause or condition justifies an employee

15 being permanently removed from the service, disciplinary

16 action may extend to suspension without pay for a period

17 not exceeding the aggregate of ninety days in any period

18 of twelve consecutive months, reduction in pay to the rate

19 prevailing for the next lower class, reduction or demotion

20 to a position of any lower class, and to the rate of pay

21 prevailing therefor, or such other less drastic action that

22 may be appropriate under the circumstances. Nothing con-

23 tained herein shall prevent any employee who is physically

24 unable to perform the duties of his position from exercising

25 his rights of voluntary retirement under any applicable law.

26 (3) Although it is incumbent upon the appointing au-

27 thority to 'nitiate corrective or disciplinary action, the

28 board may, and shall upon the written request of any quali-

29 fied elector of the state which sets out the reasons therefor,

30 make an investigation of the conduct and performance of
81 any employee in the classified service and, thereupon may
32 render such judgment and order action to be taken by the

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Reprinted as

CC-1003

C. P. No. 10
appointing authority. Such action shall be forthwith taken
by the appointing authority.

(4) In every case of corrective or disciplinary action
taken against a regular employee of the classified service,
the appointing authority shall furnish the employee and the
board a statement in writing of the action and the com-
plete reasons therefor.

(W) Appeals by Employees. Any regular employee in the
classified service who feels that he has been discharged
or subject to any corrective or disciplinary action without
just cause, may, within fifteen days after the action, de-
mand in writing, a hearing and investigation by the board
to determine the reasonableness of the action. The board
shall grant the employee a hearing and investigation within
thirty days after receipt of the written request.

All such hearings and investigation conducted by the
board pursuant to the provisions of this Section shall be
opened to the public. No hearing and investigation shall
be held unless both the employee and the appointing au-
thority have been advised at least ten days in advance of
the date, time, and place therefor. If either the appointing
authority or the employee fails to appear at the place, and
on the day and at the hour fixed for the hearing, the board
may decide the issue involved on the basis of the evidence
adduced and confined to the question of whether the action
taken against the employee was made in good faith for
cause set forth in the provisions of this Section. Both the em-
ployee and the appointing authority shall be afforded an
opportunity to appear before the board, either in person or
with counsel, and present evidence to show that the action
was or was not taken in good faith for cause as set forth
in the provisions of this Section. The board shall have corn-
Page 39



Engrossed

CC-1003

C. p. No. 10

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

2 conduct it in any manner it deems advisable, without pre-

3 judice to any person or party thereto. The procedure fol-

4 lowed shall be informal and not necessarily bound by the

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

6 to have the testimony taken and transcribed, but either

7 the employee or the appointing authority may, at their own

8 expense, make the necessary arrangements therefor. In
such cases the board may name any competent shorthand

10 reporter as the official reporter. If the testimony is not taken

11 or transcribed, then the board shall make a written finding

12 of the fact. After such investigation the board may, if the

13 evidence is conclusive, affirm the action of the appointing

14 authority. If they find that the action was not taken in

15 good faith for cause under the provisions of this Section,

16 the board shall order the immediate reinstatement or reem-

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

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

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

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

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

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

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

24 ciplinary action by directing a suspension without pay, for

25 a given period. The decision of the board, together with its
29 written finding of fact, if required, shall be certified, in

27 writing, to the appointing authority and shall be forthwith

28 enforced by the appointing authority.

29 Any employee under classified service and any appointing

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

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

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

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[144]



Reprinted

CC-1003

C. P. No. 10

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

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

3 written notice of appeal, stating the grounds thereof and de-

4 manding that a certified transcript of the record, or written

5 findings of fact, and all papers on file in the office of the
g board affecting or relating to such decision, be filed with

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

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

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

10 court shall thereupon proceed to hear and determine the

11 appeal in a summary manner. This hearing shall be con-

12 fined to the determination of whether the decision made by
18 the board was made in good faith for cause under the

14 provisions of this Section. No appeal to the court shall be

15 taken except upon these grounds.

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

17 each of its members, shall have the same power and au-

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

19 pel the production of books and papers pertinent to any in-

20 vestigation or hearing authorized by this Section as is pos-

21 sessed by the district courts of Louisiana. Any person who

22 (1) fails to appear in response to a subpoena, (2) fails to
18 answer any question, except those which may incriminate
24 him, (3) fails to produce any books or papers pertinent
36 to any investigation or hearing, or (4) knowingly gives

26 false testimony therein shall be subject to the penal sections

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

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

29 jurisdiction of which the investigation is being carried on,
80 or within the jurisdiction of which the person guilty of
31 contumacy or refusal to obey is found, or resides, or trans-
82 acts business, upon application of the board, shall have the

Page 41



as Engrossed

CC-1003

C. P. No. 10

1 requisite jurisdiction to issue to the person an order re-

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

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

4 mony touching the matter under consideration or in ques-

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

6 by the court for contempt.

7 Any officer or employee in the classified service who

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

9 board, body or person properly authorized to conduct any

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

11 appeared, refuses to testify or answer any relevant question

12 relating to the affairs of government of the municipality or

13 the conduct of any municipal officer or employee, except

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

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

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

17 be eligible for appointment to any position in the classified

18 service for a period of six years.

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

20 pointing authority shall report to the board within fif-

21 teen days following any appointment or employment in a

22 position in the classified service, unless otherwise prov-

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

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

25 menced work in the position. The appointing authority shall

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

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

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

29 (Z) Acts and Activities Prohibited

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

31 ities by and extending to employees of the classified service

32 are hereby prohibited as follows:

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Reprinted as

CC-1003

C. p. No. 10
(i) No person shall seek or attempt to use any political
endorsement in connection with any appointment to a posi-
tion in the classified service.

(ii) No person shall use or promise to use, directly or in-
directly, any official authority or influence, whether pos-
sessed or anticipated, to secure or attempt to secure for
any person an appointment or advantage in appointment to
a, position in the classified service, or an increase in pay
or other advantage in employment in any such position, for
the purpose of influencing the vote or political action of
any person, or for any consideration.

(iii) No employee in the classified service shall, directly
of indirectly, pay, or promise to pay, any assessment,
subscription, or contribution for any political organization
or purpose, or solicit or take part in soliciting any such
assessment, subscription, or contribution. No person shall
solicit any such assessment, subscription, or contribution
of any employee in classified service. The prohibitions of
this Subsection shall not be construed as applying to mem-
bership dues paid, or contributions made, to nonpolitical
employee organizations, pension funds, civic enterprises, the
Louisiana Civil Service League, or any similar nonpolitical
and nonpartisan organization.

(iv) No employee in the classified service shall (a) be
a member of any national, state, or local committee of
a political party, (b) be an officer or member of a com-
mittee of any factional, political club or organization, (c)
be a candidate for nomination or election to public office,
(d) make any political speech or public political statement
in behalf of any candidate seeking to be elected to public
office, or (e) take any part in the management or affairs
of any political party or in the political campaign of any
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Engrossed

CC-1003

C. P. No. 10

1 candidate for public office, except to privately express his

2 opinion and to cast his vote.

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

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

5 in the classified service.

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

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

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

9 charge or otherwise discipline, or discriminate against any

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



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 23 of 65)