Louisiana. Constitutional Convention (1973).

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

. (page 46 of 65)
Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 46 of 65)
Font size
QR-code for this ebook


28 governor shall cast the deciding vote.

29 (7) The board shall have general control, management,

30 supervision, and direction of the Department of Highways.

31 It shall have authority to establish, construct, extend, im-

32 prove, maintain, and regulate the u.se of the state highways

Page 3



[308]



i



CC-1186

n. p. No. 26

1 and bridges. It may make such studies and investigations

g as it thinks necessary. It shall formulate the policies and

8 may determine the wisdom and efficacy of the policies, plans,

4 and procedures of the department and execution of which

5 may by it be delegated to the director and engineers within
§ the scope of its functions.

7 (B) The functions of the governor and the director of

g highways in relation to the appointment of the chief engi-

9 neer. maintenance engineer, and the general counsel and his

10 assistants, of the Department of Highways as now provided

11 by law, are transferred to and vested in the Board of High-

12 ways. All other functions of the director, the chief engineer,

13 and the maintenance engineer may be exercised only under

14 the supervision, direction, and control of the Board of High-
16 ways. No appointed member of the board may prescribe or

16 direct the conduct of the department or the action of the

17 executive officer of the department or any subordinate mem-

18 her thereof in any matter or case, unless first authorized

19 by the board.

20 (C) The board shall not take any action except by vote in

21 meeting assembled, and which shall be recorded in the

22 minutes.

23 ( 1 ) The director of highways is the executive officer of the

24 department. He shall be appointed by the Board of High-

25 ways. He shall serve at the pjeasure of the board. His salary

26 shall be fixed by the Board of Highways. He shall serve on

27 a full-time basis.

28 (2) Under the direction, supervision, and control of the

29 Board of Highways, the director has the management of

30 the department and shall exercise all of the functions of the

31 department through the department organizations pro-

32 vided for by law, except those functions specifically assigned

Page 4



CC-1186
D. P. No. 26

1 to the Board of Highways under the provisions of this Sec-

2 tion. The department cannot and shall not act otherwise

3 than through the Board of Highways or the director or

4 through someone acting under authority of the board or

5 director. Every lawful act of the director performed in his

6 official capacity is the act of the department.

7 (3) The provisions of this amendment shall be self-opera-

8 tive and shall require no further or other legislation.

9

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32

Page 5



[309]



CC-1281

Constitutional Convention of Louisiana of 1973

1 DELEGATE PROPOSAL No. 27—

2 Introduced hy Delegate Dennecy:
g A PROPOSAL
^ To establish state and city civil service.

g Be it adopted by the Constitutional Convention of Lou-

2 isiana of 1973:

7 ABTICLE VIL HUMAN RESOURCES

g Section 1. State and City Civil Service

g Section 1. (A) Civil Service System; State, Cities. (1)

IQ State Civil Service. The state civil service includes all

11 offices and positions of trust or employment in the employ

12 of the state, or any instrumentality thereof, qr any joint

13 state and federal, parochial, or municipal agency, except mu-

14 nicipal boards of health, irrespective of what funds are used

15 to pay for such employment.

16 (2) City Civil Service. The city civil service includes all

17 offices and positions of trust or employment in the employ

18 of each city in the state with over two hundred fifty thou-

19 sand copulation, and every instrumentality thereof.

20 (B) Classified and Unclassified Service. The state and

21 city civil service is divided into the unclassified and classi-

22 fied service.

23 AH persons not included in the unclassified service are

24 in the classified service.

25 The unclassified service shall include the following offi-

26 cers and employees in the state and city civil service:

27 (1) elected officers and persons appointed to fill vacancies

28 in elective offices; (2) heads of principal executive depart-

29 ments appointed by the governor, the mayor, or the govern-

30 ing authority of a city; (3) city attorneys; (4) registrars

31 of voters; (5) members of state and city boards, authorities,

32 and commissions; (6) one person holding a confidential

Page 1



CC-1281

D. P. No. 27

1 position and one principal assistant or deputy to any officer,

2 board, commission, or authority mentioned in (1), (2), (4),

3 or (5) above, except civil service departments; (7) mem-

4 bers of the military or naval forces; (8) teaching and pro-

5 fessional staffs, and administrative officers of schools, col-

6 leges, and universities of the state and bona fide students of

7 such institutions employed by any state, parochial, or mu-

8 nicipal agency; (9) administrative officers and employees of

9 courts of record, of the legislature, of the offices of the
10 governor, of the lieutenant governor, of the attorney gen-
ii eral. of each mayor of the several cities, of police juries,

12 and of school boards; (10) commissioners of elections, and

13 watchers; custodians and deputy custodians of voting

14 machines.

15 Additional positions may be added and revoked by rules

16 adopted by a commission.

17 (C) State Civil Service Commission; Appointment; Nomi-
^8 nation. There shall be a State Civil Service Commission,

19 domiciled in Baton Rouge, composed of seven members

20 who are electors of this state, four of whom constitute a

21 quorum.

22 (1) Appointment. The members shall be appointed by the

23 governor, as hereinafter provided, for terms of six years.

24 (2) Nominations. The presidents of Centenary College,

25 Dillard University, Louisiana College, Loyola University of

26 the South, St. Mary's Dominican College, Tulane Univer-

27 .sity of Louisiana at New Orleans, and Xavier Univer.sity of

28 Louisiana, after giving due consideration to representation

29 of all groups, each shall nominate three persons. One mem-

30 ber of the commission shall be appointed by the governor

31 from the three persons nominated by each president. A va-
82 cancy for any cause shall be filled by appointment in ac-

Page 2



[310]



CC-1281

D. P. No. 27

1 cordance with the procedure governing the original ap-

2 pointment. and from the same source. Within thirty days

3 after a vacancy occurs, the president concerned shall submit

4 the required nominations. Within thirty days thereafter,

5 the governor shall make his appointment. Should the gov-

6 ernor fail to appoint within thirty days, the nominee whose

7 name is first on the list of nominees shall automatically be-

8 come a member of the commission.

9 (D) City Civil Service Commission; Appointment; Nomi-

10 nation; Vacancies. There shall be a city civil service com-

11 mission in each city having a population e.xeeeding two hun-

12 dred fifty thousand. Each commission shall be composed of

13 three members, who are qualified electors of the city, two

14 of whom constitute a quorum. The members shall serve

15 terms of six years as hereinafter provided. The domicile of

16 each commission shall be in the city which it serves.

17 (1) New Orleans; Nomination and Appointment. In the

18 city of New Orleans, the presidents of Dillard University,

19 Loyola University of the South, and Tulane University of

20 Louisiana, after giving due consideration to representation

21 of all groups, each shall nominate three persons, and from

22 the three persons so nominated by each, the governing au-
^3 thority of the city shall appoint one to serve as a memlier

24 of the commission.

25 (2) Other Cities: Nomination and Appointment. In other

26 cities subject to the provisions of this Section, the presi-

27 dents of three of the universities listed in Paragraph (C)

28 (2), which three universities shall be selected by the govern-

29 ing authority of the respective city, each shall nominate
"" three persons, after giving due consideration to representa-
"1 tion of all groups, and from the three persons so nominated
32 by each, the governing authority of the city shall appoint

Page 3



CC-1281
D. P. No. 27

\ one to aerve as a member of the commission.

2 (3) Vacancies. Vacancies for any cause shall be filled by

3 appointment in accordance with the procedure for the

4 original appointment and from the same source. Within

5 thirty days after a vacancy occurs, the university president

6 concerned shall submit the Fequiced nominations. Within

7 thirty days thereafter, the governing authority of the city

8 shall make the appointment Should the governing author-
() ity of the city fail to appoint within the thirty days, the

10 nominee whose name is first on the list of nominees shall

11 automatically become a member of the commission.

12 (G) Removal. A member of the state or of a city civil

13 service commission may he removed by the governor or the

14 governing authority for cause after being served with writ-

15 ten specifications of the charges against him. and an oppor-

16 tunity for a public hearing thareon is afforded by his ap-

17 pointing authority.

18 ( F ) Department of Civil Service ; Directors.

19 (F) (1) State Department. There shall be a Department of

20 State Civil Service in the executive branch of the state

21 government.

22 (2) City Departments. There shall be a department of city

23 service in each city having a population exceeding two

24 hundred fifty thousand.

25 (3) Directors. Each commission shall appoint a director,

26 after competitive examination, who shall be the administra-

27 tive head of his department, and who shall be in the classi-

28 fied service. Each director shall appoint personnel and ex-

29 ercise powers and duties to the extent prescribed by the

30 commission appointing him.

31 (G) Appointments; Promotions. Permanent appointments

32 and promotions in the classified state and city service shall

Page 4



[311]



CC-1281

D. P. No. 27

1 be made only after certification by the appropriate depart-

2 ment of civil service under a general system based upon

3 merit, efficiency, and fitness, as ascertained by examination

4 which, so far as practical, shall be competitive. The num-

5 ber to be certified shall not be less than three ; however,

6 if more than one vacancy is to be filled, the name of one

7 additional eligible for each vacancy may be certified. Each
g commission shall adopt rules for the method of certification
9 of persons eligible for appointment, promotion, reemploy-

10 ment, and reinstatement and shall provide for appoint-

11 ments defined as emergency and temporary appointments

12 where certification is not required.

18 (H) Disciplinary Actions; Appeals. No person who has

14 gained permanent status in the classified state or city ser-

15 vice shall be subjected to disciplinary action except for

16 cause expressed in writing, and no classified employee shall

17 be discriminated against by reason of his political or

18 religious beliefs, sex, or race. Any classified employee sub-

19 jected to such disciplinary action or so discriminated against

20 shall have the right of appeal to the appropriate commis-

21 sion.

22 The burden of proof on appeal, as to the facts, shall be on

23 the employee.

24 (I) Prohibitions Against Political Activities.

25 (I) (1) No member of any civil service commission and

26 no officer or employee in the classified service shall par-

27 ticipate or engage in political activity; or be a candidate

28 for nomination or election to public office; or be a member

29 of any national, state, or local committee of a political party
80 or faction; or make or solicit contributions for any political

31 party, faction, or candidate; or take active part in the

32 management of the affairs of a political party, faction, or

Page 5



CC-1281

D. P. No. 27

I candidate or any political campaign, except to exercise his

o right as a citizen to express his opinion privately, to serve

Q as a commissioner or official watcher at the polls and to

A cast his vote as he desires.

r (2) No person shall solicit contributions for political pur-

g poses from any classified employee or official or use or at-

17 tempt to use his position in the state or city service to

Q punish or coerce the political action of such classified em-

9 ployee.

IQ (J) Rules ; Investigations ; Wages and Hours.

11 (J) (1) Rules. Each commission is vested with broad and

12 general rule-making and subpoena powers for the adminis-

13 tration and regulation of the classified service, including

14 but not limited to the adoption of rules for the regulation I

15 of employment, promotion, demotion, suspension, reduction
Ig in pay, removal, certification, veteran's preferences, qualifi-

17 cations, political activities, and all other personnel matters

18 and transactions, the adoption of a uniform pay and classifi-

19 cation plan, employment conditions, employee training and

20 safety, compensation and disbursements to employees, and

21 generally to carry out and effectuate the objectives and pur-

22 poses of the merit system of civil service as herein estab-

23 lished.

24 Rules adopted pursuant hereto shall have the effect of

25 law. Each commission may impose penalties for violation of

26 'ts rules by demotion in, or suspension or discharge from

27 position, with attendant loss of pay.

28 (2) Investigations. Each commission is authorized to in-

29 vestigate violations of the provisions of this Section and

30 the rules, statutes, or ordinances adopted pursuant hereto.

31 (3) Wages and Hours. Any rule or determination affect-

32 ing wages or hours shall become effective and shall have the

Page 6



[312]



CC-1281

D. P. No. 27

1 effect of law only after approval by the governor or the

2 appropriate governing authority.

3 (K) Penalties. Any person who willfully violates any pro-

4 vision of this Section shall be guilty of a misdemeanor and

5 shall, upon conviction, be punished by a fine of not more
{ than five hundred dollars or by imprisonment for not more
'J than six months, or both.

g (L) Appeal. Each commission shall have the exclusive

9 power and authority to hear and decide all removal and

IQ disciplinary cases, with subpoena power and power to ad-

11 minister oaths. It may appoint a referee to take testimony,

12 with subpoena power and power to administer oaths to wit-

13 nesses. The decision of a commission shall be final on the

14 facts, but shall be subject to review on any question of law

15 upon appeal to the court of appeal wherein such commis-

16 sion Is located, upon application filed with such commis-

17 sion within thirty calendar days after its decision becomes

18 final.

19 (M) Appropriations. (1) State. Beginning with the regular

20 session that convenes in the year 197 , and at each regu-

21 lar session thereafter, the legislature shall appropriate to

22 the State Civil Service Commission and to the Department

23 of State Civil Service for the succeeding fiscal year a sum

24 equal to not less than seven-tenths of one percent of the

25 aggregate payroll of the state classified service for the

26 twelve-month period ending on the first day of March pre-

27 ceding the next regular session as certified by the State

28 Civil Service Commission.

29 (2) Cities. Each city subject to the provisions of this

30 Section shall make adequate annual appropriations to enable

31 its civil service commission and department to carry out

32 efficiently and effectively the provisions of this Section.

Page 7



CC-1281

D. P. No. 27

1 (N) Acceptance of Act; Other Cities, Parishes, City and

2 Parish Governed Jointly. Any city having a population ex-

3 ceeding ten thousand but not exceeding two hundred fifty

4 thousand, and any parish, or any parish governed jointly

5 with one or more cities under a plan of government, having

6 a population exceeding ten thousand, according to the last

7 preceding decennial federal census for which the final re-

8 port of population returns have been reported to the presi-

9 dent of the United States, may elect to accept the provisions

10 of this Section by a majority vote of its qualified electors

11 voting at a general or special election for this purpose. The

12 election .shall be ordered and held by the city, the parish,

13 or the city-parish, as the case may be, upon (1) the adop-

14 tion of an ordinance by the governing body thereof calling

15 for such elections; or (2) the presentation to such govern-

16 ing body of a petition signed by qualified electors equal in

17 number to five percent of the qualified registered voters of

18 ihe city, the parish, or the city-parish, as the case may be,

19 calling for such election.

20 If a majority of the votes cast in such election are in

21 favor of the adoption of the provisions of this Section, all

22 the provisions thereof shall thereafter permanently apply to

23 and govern the city or city-parish, as the case may be, in

24 the same manner and to the same extent as if said Sec-

25 tion and all its provisions had originally applied to such

26 city, parish, or city-parish. In such instance, all officers and

27 employees of the city, the parish, or the city-parish, or any

28 other subdivision of the state, as the case may be, who

29 have acquired civil service status under a civil service sys-

30 tem established by legislative act, city charter, or otherwise,

31 shall retain such status and shall thereafter be subject to

32 and governed by the provisions of this Section and the

Page 8



[313]



Reprinted as Engrossed



1
2
3
4

5
6

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32



CC-1281

D. P. No. 27

rules and regulations adopted under the authority of this
Section. If a majority of the votes cast in such election are
against the adoption of the provisions of this Section, the
question of adopting the provisions of this Section shall not
be resubmitted to the voters of the city, the parish, or the
city-parish, as the case may be, within one year thereafter.
(0) City, Parish Civil Service System; Creation. Nothing
in this Section shall prevent the establishment by the legis-
lature, or by the respective local governing body, in one or
more parishes, of a civil service system applicable to any
or all parish employees, including those hereinabove ex-
empted from the state classified service, or the establish-
ment by the legislature, or by the respective local governing
body, of a civil service system in one or more cities having
a population of less than two hundred fifty thousand, in
any manner now or hereafter provided by law.



Page 9



Constitutional Convention of Louisiana of 1973
CC-1281

1 DELEGATE PROPOSAL No. 27—

2 Introduced by Delegate Dennery :

3 A PROPOSAL

4 To establish state and city civil service.

5 Be it adopted by the Constitutional Convention of Lou-
g isianaof 1973:

7 ARTICLE VII. HUMAN RESOURCES

8 Section 1. State and City Civil Service

9 Section 1. (A) Civil Service System; State, Cities.

10 (1) State Civil Service. The state civil service includes

11 all offices and positions of trust or employment in the

12 employ of the state, or any instrumentality thereof, or any

13 joint state and federal, parochial, or municipal agency, ex-

14 cept municipal boards of health, irrespective of what funds

15 are used to pay for such employment.

16 (2) City Civil Service. The city civil service includes all

17 offices and positions of trust or employment in the employ

18 of each city in the state with over two hundred fifty

19 thousand population, and every instrumentality thereof.

20 (B) Classified and Unclassified Service. The state and

21 city civil service is divided into the unclassified and classi-

22 fied service.

28 All persons not included in the unclassified service are

24 in the classified service.

25 The unclassified service shall include the following of-

26 ficers and employees in the state and city civil service:

27 (1) elected officers and persons appointed to fill vacancies

28 in elective offices; (2) heads of principal e.xecutive de-

29 partments appointed by the governor, the mayor, or the

80 governing authority of a city; (3) city attorneys; (4) regis-

81 trars of voters; (5) members of state and city boards,
32 authorities, and commissions; (6) one person holding a

Page 1



[314]



Reprinted as Engrossed



CC-1281

D. P. No. 27

1 confidential position and one principal assistant or deputy

2 to any officer, board, commission, or authority mentioned

3 in (1), (2), (4), or (5) above, except civil service depart-

4 ments; (7) members of the military or naval forces; (8)

5 teaching and professional staffs, and administrative officers
g of schools, colleges, and universities of the state and bona
7 fide students of such institutions employed by any state.
g parochial, or municipal agency; (9) administrative officers
9 and employees of courts of record, of the legislature, of

10 the offices of the governor, of the lieutenant governor, of

11 the attorney general, of each mayor of the several cities,

12 of police juries, and of school boards; (10) commissioners

13 of elections, and watchers; custodians and deputy custo-

14 dians of voting machines.

15 Additional positions may be added and revoked by rules

16 adopted by a commission.

17 (C) State Civil Service Commission; Appointment; Nom-

18 ination. There shall be a State Civil Service Commission,

19 domiciled in Baton Rouge, composed of seven members

20 who are electors of this state, four of whom constitute a

21 quorum.

22 (1) Appointment. The members shall be appointed by

23 the governor, as hereinafter provided, for terms of six

24 years.

25 (2) Nominations. The presidents of Centenary College,

26 Dillard University, Louisiana College, Loyola University of

27 the South, St. Mary's Dominican College, Tulane Univer-

28 sity of Louisiana at New Orleans, and Xavier University

29 of Louisiana, after giving due consideration to representa-

30 tion of all groups, each shall nominate three persons. One

31 member of the commission shall be appointed by the gov-

32 ernor from the three persons nominated by each president.

Page 2



CC-1281

D. P. No. 27

1 A vacancy for any cause shall be filled by appointment

2 in accordance with the procedure governing the original

3 appointment, and from the same source. Within thirty da;, s

4 after a vacancy occurs, the president concerned shall su> -

5 mit the required nominations. Within thirty days there-

6 after, the crovernor shall make his appointment. Should ih":

7 governor fail to appoint within thirty days, the nominee

8 whose name is first on the list of nominees shall automat-

9 ically become a member of the commission.

10 (D) City Civil Service Commission; Appointment; Nomi-

11 nation; Vacancies. There shall be a city civil service com-

12 mission in each city having a population exceeding two

13 hundred fifty thousand. Each commission shall be com-

14 posed of three members, who are qualified electors of the

15 city, two of whom constitute a quorum. The members shall

16 serve terms of six years as hereinafter provided. The domi-

17 cile of each commission shall be in the city which it

18 serves.

19 (1) New Orleans; Nomination and Appointment. In the

20 city of New Orleans, the presidents of Dillard University,

21 Loyola University of the South, and Tulane University cf

22 Louisiana, after giving due consideration to repre.sentati- i

23 of all groups, each shall nominate three persons, and from

24 the three persons so nominated by each, the governing

25 authority of the city shall appoint one to serve as a mem-

26 ber of the commission.

27 (2) Other Cities; Nomination and Appointment. In

28 other cities subject to the provisions of this Section, the

29 presidents of three of the universities listed in Para»r>aph

80 (C)(2), which three universities shall be selected by the

81 governing authority of the respective city, each shall nom-

82 inate three persons, after giving due consideration to rep-

Page 3



[315]



CC-1281



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 46 of 65)