Louisiana. Constitutional Convention (1973).

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

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

12 election or primary election. No appointing authority, or
18 agent, or deputy thereof, shall use his official authority
14 or influence, by threats, promises or other means, directly
16 or indirectly, to coerce the political action of any employee

16 in the classified service.

17 (b) The appointing authority shall discharge from the

18 service any employee whom he deems guilty of violating

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

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

21 or employee in the classified service whom it reasonably

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

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

24 after receiving the written charges, hold a public hearing
26 and investigation and determine whether such charges

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

27 investigation of any employee that he has violated any

28 of the foregoing provisions, the board shall order the ap-
28 pointing authority to forthwith discharge the guilty em-

80 ployee from the service and the appointing authority shall

81 forthwith discharge the employee.

82 (c) Whoever violates this Section shall be subject to

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2 the penalties provided in paragraph (A-2). In addition any

2 employee in the classified service who is discharged be-

3 cause of violating a foregoing provision shall not again

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

5 the time of his discharge.

g (2) Other Prohibited Acts. No person shall

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

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

9 ment made under any provisions of this Section or commit

10 or attempt to commit any fraud preventing the impartial

W execution of this Section and the rules.

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

13 or accept any money, service, or other valuable corsidera-

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

15 pointment, promotion, or proposed promotion to, or any

16 advantage in, a position in the classified service.

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

18 to examination, eligibility, certification, or appointment

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

20 or secret information for the purpose of affecting the rights

21 or prospects of any person with respect to employment

22 in the classified service.

23 (A-1) Legal Services. If this Section, or its enforce-
2^ ment by the board is called into question in any judicial
2o proceeding, or if any person fails or refuses to comply

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

27 board may call upon the attorney general, or the chief

28 legal officer of the municipality, or may employ indepen-

29 dent counsel to represent it in sustaining this Section and

30 enforcing it. Nothing contained herein shall prevent any

31 municipal officer, employee, or private citizen from taking

32 legal action in the courts to enforce the provisions of

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

2 of the board.

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

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

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

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

11 rendered ineffective by any general law affecting munici-

12 pal employees or municipal departments in matters of clas-

13 sified civil service except that the applicability of this

14 Section shall be subject to and governed by the provisions

15 on state and city civil service of the constitution pro-
Ig vided, however, that any city and any parish government
17 jointly with ore or mora cities under a plan of govern-
Ig ment, having once elected to accept the provisions of state

19 and city civil service of the constitution may subsequently

20 elect and determine to accept the provisions of this Section

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

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

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

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

25 city civil service of the constitution, provided further, that
2g no local election or elections pursuant to the provisions
27 of state and city civil service, insofar as they apply to
2g and affect this Section, and no local election or elections

29 pursuant to this Section shall be held more often than

30 once every four years, in any one city.

31 (A-4) Provisions Self-Operative. The provisions hereof

32 are self-executing and self-operative and the officials desig-

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Reprinted as Engrossed

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nated are authoiized 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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First Enrollment

CC-1003

ConsLUiiI.lon.ll ronvciUUin (if l.onisl.in.i iiT 1973

cuMiirni.i: vv.iwnr.hh iiu:i!;i;it m

IntroJuccd by Dclcf'.aLc AcrLl-.cr, Ch.ilrni.in , on bcluTlf ot the

Committee on EduCiition and \/c]f.Tre, and Dclcf^atcs Cornc,
Cowcn , rlory, CrJcr, Landry, l.e)tlim.-in, Rachnl , lioblnson,
Wattlf.ny, and VJlsliam

A PROPOSAL

>faklne provisions for human resources by providing for munici-
pal fire and police civil service.

Be it adopted by the Constitutional Convention of Louisiana
of 1973:

ARTICLE VII. IIUI-IAN RESOURCES
Section 1. Municipal Fire and Police Civil Service
Section 1. (A) There is hereby created and established a
eystem of classified fire and police civil service which shall
be applicable to all municipalities with a population in excess
of thirteen thousand which operate a regularly paid fire and
municipal police department and all parishes and all fire
protection districts vjhich operate a regularly paid fire depart-
ment. Permanent appointments and promotions in municipal fire
and police civil service shall be made only after certification
by the applicable Municipal Fire and Police Civil Service Board
under a general system based upon merit, efficiency, fitness,
and length of service as provided in Article XIV, Section 15.1
of the 1921 Const itution, subject to change by law enacted upon
the favor.nble vote of two-thirds of the elected members of
each house of the legislature. Except as may bo inconsistent
with the provisions of tills Section, the provisions of Article
XIV, Ser'ion 15.1 of the Constilullon of 1921, are hereby re-
tained ar. ! continued in force and effect as statutes. The leg-
islature i.pon the favor. iblc vote of Iwci-thlrds of the elected
menbershl" of o.ich liou-'.e riav ari'-nd or ni hr n;I '^t' modify nwy of



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H.- J '..IJ

c. )'. ;:o. )o

s.ild prnvl'.lim', of ArDcK' XIV, Sc-ctU.ii 1 ', . 1 of tin- ]'J2J-
Coiir.lilul Ion ixtcpL Lli.lL LIr' lri;l s] .iliu ;вЦ† ni.iy iiol .ilioll:.li
tlic syslcn of classified civil service for such fj rciiion
and municipal policemen or make it Inopplicalile to any
munlclpall Ly which has a population In excess of Llilrtecn
thousand accordlnp, to Che latest



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 24 of 65)