Louisiana. Constitutional Convention (1973).

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

. (page 47 of 65)
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D. P. No. 27

1 resentation of all groups, and from the three persons so

2 nominated by each, the governing authority of the city

3 shall appoint one to serve as a member of the commis-

4 sion.

5 (3) Vacancies. Vacancies for any cause shall be filled
Q by appointment in accordance with the procedure for the
7 original appointment and from the same source. Within
g thirty days after a vacancy occurs, the university presi-
9 dent concerned shall submit the required nominations.

10 Within thirty days thereafter, the governing authority

11 of the city shall make the appointment. Should the gov-

12 erning authority of the city fail to appoint within the
18 thirty days, the nominee whose name is first on the list of

14 nominees shall automatically become a member of the com-

15 mission.

13 (E) Removal. A member of the state or of a city civil

17 service commission may be removed by the governor or the

18 governing authority for cause after being served with written

19 specifications of the charges against him, and an oppor-

20 tunity for a public hearing thereon is afforded by hi.s

21 appointing authority.

22 (F) Departmentof Civil Service; Directors.

23 (F)(1) State Department. There shall be a Department

24 of State Civil Service in the executive branch of the state

25 government.

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

27 city service in each city having a population exceeding

28 two hundred fifty thousand.

29 (3) Directors. Each commission shall appoint a director.

30 after competitive examination, who shall be the administra-

31 tive head of his department, and who shall be in the classified
9.2 service. Each director shall appoint personnel and exercise

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D. P. No. 27

1 powers and duties to the extent prescribed by the commission



o appointing him.

o (G) Appointments; Promotions. Permanent appointments

4 and promotions in the classified state and city service shall

5 be made only after certification by the appropriate depart-
(• ment of civil service under a general system based upon
7 merit, efficiency, and fitness, as ascertained by examination
Q which, so far as practical, shall be competitive. The number
Q to be certified shall not be less than three; however, if

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

11 additional eligible for each vacancy may be certified. Each

12 commission shall adopt rules for the method of certification

13 of persons eligible for appointment, promotion, reemploy-

14 ment, and reinstatement and shall provide for appointments

15 defined as emergency and temporary appointments where
Ig certification is not required.

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

Ig gained permanent status in the classified state or cit"

19 service shall be subjected to disciplinary action except for

20 cause expressed in writing, and no classified employee

21 shall be discriminated against by reason of his political

22 or religious beliefs, sex, or race. Any classified employee

23 subjected to such disciplinary action or so discriminated

24 against shall have the right of appeal to the appropriate

25 commission.

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

27 on the employee.

28 (I) Prohibitions Against Political Activities.

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

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

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

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

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CC-1281

D. P. No. 27

of any national, state, or local committee of a political

party or faction ; or make or solicit contributions for any

political party, faction, or candidate; or take active part

in the management of the affairs of a political party,

faction, or candidate or any political campaign, except to

exercise his right as a citizen to express his opinion

privately, to serve as a commissioner or official watcher

at the polls and to cast his vote as he desires.

(2) No person shall solicit contributions for political pur-
poses from any classified employee or official or use or
attempt to use his position in the state or city service to
punish or coerce the political action of such classified
employee.

(J) Rules; Investigations; Wages and Hours.
(J)(l) Rules. Each commission is vested with broad and
general rule-making and subpoena powers for the administra-
tion and regulation of the classified service, including but
not limited to the adoption of rules for the regulation of
employment, promotion, demotion, suspension, reduction in
pay, removal, certification, veteran's preferences, qualifi-
cations, political activities, and all other personnel matters
and transactions, the adoption of a uniform pay and classifi-
cation plan, employment conditions, employee training and
safety, compensation and disbursements to employees, and
generally carry out and effectuate the objectives and pur-
poses of the merit system of civil service as herein established.
Rules adopted pursuant hereto shall have the effect of law.
Each commission may impose penalties for violation of its
rules by demotion in, or suspension or discharge from posi-
tion, with attendant loss of pay.

(2) Investigations. Each commission is authorized to in-
vestigate violations of the provisions of this Section and
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D. P. No. 27

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

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

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

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

5 appropriate governing authority.

Q (K) Penalties. Any person who willfully violates any

7 provision of this Section shall be guilty of a misdemeanor

g and shall, upon conviction, be punished by a fine of not

9 more than fivo hundred dollars or by imprisonment for not

10 more than six months, or both.

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

12 power and authority to hear and decide all removal und

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

14 riinisier oaths. It may appoint a referee to take testimony,

15 with subpoena power and power to administer oaths t-;

16 witnesses. The decision of a commission shall be final on

17 the facts, but shall be subject to review on any (juestion of

18 law upon appeal to the court of appeal wherein such com-

19 mission is located, upon application filed with such commis-

20 sion within thirty calendar days after its decision becomes

21 final.

22 (M) Api)ropriations. (1) State. Beginning with the regu-

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

24 lar session thereafter, the legislature shall appropriate to the

25 State Civil Service Commission and to the Department of
2G State Civil Service for the succeeding fiscal year a sum

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

28 aggregate payroll of the state classified service for the

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

30 ceding the next regular session as certified by the State Civil

31 Service Commission.

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

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D. P. No. 27

1 Section shall make adequate annual appropriations to enable

2 its civil service commission and department to carry out

3 efficiently and effectively the provisions of this Section.

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

5 Parish Governed Jointly. Any city having a population

6 e.xceeding ten thousand but not exceeding two hundred fifty

7 thousand, and any parish, or any parish t'overned jointly

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

9 a population exceeding ten thousand, according to the last

10 preceding decennial federal census for which the final re-

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

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

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

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

15 election shall be ordered and held by the city, the parish, or

16 the city-parish, as the case may be, upon (1) the adoption

17 of an ordinance by the governing body thereof calling for

18 such elections; or (2) the presentation to such governing

19 body of a petition signed by qualified electors equal in

20 number to five percent of the qualified registered voters of

21 the city, the parish, or the city-parish, as the ease may be,

22 calling for such election.

23 If a majority of the votes cast in such election are in favor

24 of the adoption of the provisions of this Section, all the

25 provisions thereof shall thereafter permanently apply to

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

27 the same manner and to the same extent as if said Section

28 and all its provisions had originally applied to such city,

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

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

31 other subdivision of the state, as the case may be, who have

32 acquired civil service status under a civil service system

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D. P. No. 27

1 established by legislative act, city charter, or otherwise, shall

2 retain such status and shall thereafter be subject to and

3 governed by the provisions of this Section and the rules

4 and regulations adopted under the authority of this Section.

5 If a majority of the votes cast in such election are against
Q the adoption of the provisions of this Section, the question
7 of adopting the provisions of this Section shall not be re-
g submitted to the voters of the city, the parish, or the city-
9 parish, as the case may be, within one year thereafter.

10 (0) City, Parish Civil Service System; Creation. Nothing

11 In this Section shall prevent the establishment by the legis-
22 latiire, or by the respective local governing body, in one or
J3 more parishes, of a civil service system applicable to any or
24 all parish employees, including those hereinabove exempted
15 from the state classified service, or the establishment by the
26 legislature, or by the respective local governing body, of a
17 civil service system in one or more cities having a popula-
28 tion of less than two hundred fifty thousand, in any manner
19 now or hereafter provided by law.

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Constitutional Convention of Louisiana of 1973
CC-1282

1 DELEGATE PROPOSAL No. 28—

2 Introduced by Delegate Dennery :

3 A PROPOSAL

4 Relative to transition for members of the State Civil Ser-

5 vice Commission.

6 Be it adopted by the Constitutional Convention of Lou-

7 isianaof 1973:

8 Article XIV, Section 1. Transition; Civil Service Commis-

9 sion ; State ; Cities

10 Section 1. (A) State Commission. Each person who, on the

11 effective date of this constitution, is a member of the State

12 Civil Service Commission shall continue in such position for
18 the remainder of the term to which he was appointed. With-

14 in thirty days after the effective date of this constitution,

15 the presidents of St. Mary's Dominican College and Xavier

16 University of Louisiana each shall submit three names to

17 the governor for appointment to the commission as provided

18 in Article VII, Section 1, Paragraph (C). The term of these

19 appointees shall be six years. Within thirty days after the

20 e.xpiration of the term of the present member nominated by

21 the president of Louisiana State University and Agricultural

22 and Mechanical College, the president of Dillard University

23 shall submit three names to the governor for appointment to

24 the commission as provided in Article VII, Section 1. The

25 term of this appointee shall be six years.

26 (B) City Commission. Each person who, on the effective

27 date of this constitution, is a member of the New Orleans

28 City Civil Service Commission shall continue in such posi-



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 47 of 65)