§15.1. Fire and police civil service; municipalities of 13,000 to 250,000
1. Applicability. This Section applies to any municipality which operates a regularly
paid fire and police department and which has a population of not less than thirteen thousand
nor more than two hundred fifty thousand according to the latest regular federal census for
which the official figures have been made public.
2. Short Title. This Section shall be known and may be cited as "The Municipal Fire
and Police Civil Service Law."
3. Definitions. The following words and phrases when used in this Section shall
have the following meaning, unless the context clearly requires otherwise:
a. "Allocation" means the official determination of the class to which a position in
the classified service belongs.
b. "Appointing authority" means any official, officer, board, commission, council,
or person having the power to make appointments to positions in the municipal fire and
police service.
c. "Appointment" means the designation of a person, by due authority, to become an
employee in a position, and his induction into employment in the position.
d. "Board" means the municipal fire and police civil service board.
e. "Class" or "class of position" means a definitely recognized kind of employment
in the classified service, designated to embrace positions that are so nearly alike in the
essential character of their duties, responsibilities, and consequent qualification requirements,
that they can fairly and equitably be treated alike under like conditions for all personnel
purposes.
f. "Classification plan" means all the classes of positions established for the
classified service.
g. "Classified service" means every appointive office and position of trust or
employment in the municipal government which has as its primary duty one of the functions
specifically set forth to be included in the classified service by the provisions of this Section;
and excludes all elective and appointive offices and positions of trust or employment which
have a primary duty specifically set forth to be included in the unclassified service by the
provisions of this Section.
h. "Demotion" means a change of an employee in the classified service from a
position of one class to a position of a lower class which generally affords less responsibility
and pay.
i. "Department service" means employment in the public service offered and
performed separately by the fire and by the police departments of the municipality.
j. "Eligible" means a person whose name is on the list.
k. "Employee" means a person legally occupying a position.
l. "Employment list" or "lists" means a reinstatement employment list, a promotional
employment list, a competitive employment list, and a reemployment list.
m. "Position" means any office and employment in the municipal fire and police
services, the duties of which call for services to be rendered by one person.
n. "Promotion" means a change of an employee in the classified service from a
position of one class to a position of a higher class which generally affords increased
responsibilities and pay.
o. "Promotion employment list" or "promotion list" means an employment list
containing the names of eligible persons established from the results of promotion tests given
for a particular class of positions which is not specifically required by this Section to be
established from the results of a competitive test.
p. "Promotion test" means a test for positions in a particular class which is not
specifically required by this Section to be filled by competitive tests, admission to which is
limited to regular employees of the next lower class, or the next lower classes when
authorized by the rules, in the classified service.
q. "Reemployment list" means an employment list for the entrance or lowest ranking
class in the classified service, or in any group of classes as may have been grouped in the
classification plan, containing names of regular employees who have been laid off under the
"lay off" provisions of this Section. This list shall not be applicable to persons who have
resigned or have been discharged.
r. "Regular employee" or "permanent employee" means an employee who has been
appointed to a position in the classified service in accordance with this Section after
completing his working test period.
s. "Reinstatement employment list" or "reinstatement list" means an employment list
containing names of persons eligible for reinstatement in positions of a class from which they
have been demoted for reasons other than disciplinary action.
t. Repealed by Acts 1982, No. 651, §§2, 3.
u. "Temporary appointment" means the appointment of an employee for limited
period of service without acquisition by the appointee of any continuing right to be retained
beyond the period.
4. Effective Date of Provisions. Any system of municipal fire and police civil
service under Act 102 of 1944, as amended, or under the provisions of Sections 2471 thru
2508 of Title 33 of the Louisiana Revised Statutes of 1950 which is in force on the effective
date of this amendment, 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 amendment 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.
5. System Classified Civil Service. There is created in the municipal government
a classified civil service embracing the positions of employment, the officers, and employees
of the municipal fire and police services. The classified civil service shall be known as "the
municipal fire and police civil service."
6. Municipal Fire and Police Civil Service Boards. a. A municipal fire and police
civil service board is created in the municipal government. The board shall be composed of
five members who shall serve without compensation. The board shall have a chairman, vice-chairman, and a secretary. The domicile of the board shall be in the municipality it serves.
b. [Implemented by Acts 1975, No. 363, §1, as R.S. 33:2476, subsec. B.]
c. The first five members of a board shall be appointed by the governing body of the
municipality during the ninety day period immediately following the date that this Section
takes effect in a municipality under paragraph 1.
The members of the board shall be appointed by the governing body as follows:
(1) One shall be appointed by the governing body upon its own nomination.
(2) Repealed by Acts 1983, No. 473, §2.
(3) Two members shall be appointed who shall be first nominated and elected by and
from the regular employees of the fire and police departments as follows:
One member shall be elected and appointed from the fire department, and one
member shall be elected and appointed from the police department. The employee-nominee
from each department shall be elected by secret ballot of the regular employees of his
respective department at an election to be called and held for that purpose by the chief of the
department. The chief of each department shall call such an election within forty-five days
after this Section takes effect in the municipality by posting, for a fifteen day continuous
period immediately preceding the election, a notice thereof on the bulletin board of each
station house of his department; and, shall officially notify the governing body of the
municipality within the ten day period immediately following the election, the name of the
employee-nominee so elected by the regular employees of his department. The chief of the
department shall vote in the election only in the case of a tie vote.
d. The term of office for all members of the board shall be for a period of three years,
except that the first member appointed by the governing body of a municipality upon its own
nomination shall serve for a period of two years; the first employee members nominated and
appointed as provided above shall serve a term of one year. Each member shall serve until
his successor has been appointed and qualified.
e. Upon the term of office expiring for a member of a board, or because of a vacancy
in the office of any member thereof, the governing body of a municipality shall appoint a
successor in the same manner as the outgoing member was appointed; and such successive
appointment shall be made within ninety days immediately following the expiration or
vacancy.
f. Each member shall take the oath of office before entering upon the duties of his
office. His oath shall include a statement to uphold the Constitution and laws of Louisiana
and of the United States; to administer faithfully and impartially the provisions of this
Section and the rules adopted under the authority of this Section.
g. Members of such a board serving under Act 102 of 1944 or under Sections 2471
through Section 2476 of Title 33 of the Louisiana Revised Statutes of 1950 at this 1 time this
amendment takes effect shall continue in office until the expiration of the term for which
they were appointed.
h. Any member of a board shall be liable to removal from office by judgment of the
district court of his domicile for high crimes and misdemeanors in office, incompetency,
corruption, favoritism, extortion, oppression in office, gross misconduct, or habitual
drunkenness. The district attorney of the district wherein the board member resides may
institute such suit, and shall do so upon the written request, specifying the charges, of twenty-five citizens and taxpayers of the municipality of which the board member is a resident. The
district attorney shall associate in the diligent prosecution of such suit any attorney selected
and employed by the citizens and taxpayers.
i. The governing body of the municipality shall advise, within and not later than the
expiration of the ninety day period provided for the appointment of the board members, each
appointee of his appointment and term of office as a member of the municipal fire and police
civil service board; and, an official record thereof shall be placed in the official minutes of
the governing body.
j. The original members of the board shall meet within thirty days after their
appointment in their first official meeting; take the oath of office; elect a chairman and vice-chairman; and transact any other business pertinent at that time. The oath of office shall be
administered by the city clerk or by any other person having the legal authority to administer
it.
k. A chairman and vice-chairman shall be elected by the members of the board. The
term for which either the chairman or vice-chairman shall serve as such shall run
concurrently with that for which he was appointed a member of the board; except the term
of either office shall terminate upon death of the incumbent, or his resignation from the
office or from the board or his removal from the board.
l. (1), (2) Implemented by Acts 1997, No. 1326, §1, eff. July 15, 1997, as R.S.
33:2476(L).
(3) Implemented by Acts 1997, No. 517, §1, eff. July 3, 1997, as R.S. 33:2476(L)(3),
and by Acts 1997, No. 1326, §1, eff. July 15, 1997, incorporated in R.S. 33:2476(L).
(4) By requiring the state examiner to act in such capacity. The board may terminate
the term of office of any person serving as its secretary at any time. No person serving as
secretary of a board, except a member thereof, shall have the right to vote in its proceedings.
The secretary shall attend the meetings of the board; keep a record of its proceedings; attend
to correspondence directed to him, and other correspondence ordered by the chairman;
perform other functions assigned to him by the board; and cooperate with the state examiner
in a manner that will assist the examiner to carry out effectively the duties imposed upon him
by this Section or those functions which may be requested of him by the board.
m. The board shall meet at any time after its original meeting upon the call of the
chairman, who shall give all members of the board due notice thereof. The chairman of the
board shall call, and the members of the board shall attend, one regular meeting of the board
within each quarterly period of each calendar year. If a chairman fails or refuses to call such
quarterly meeting of his board, the members of the board shall meet upon the written call of
any two members mailed ten days in advance of the meeting. Four members of the board
shall constitute a quorum, and the concurring votes of any three members comprising the
quorum of the board shall be sufficient for the decision of all matters to be decided or
transacted by it. Meetings of the boards shall be open to the public.
7. Duties of the Board. a. Represent the public interest in matters of personnel
administration in the fire and police services of the said municipal government.
b. Advise and assist the governing body, mayor, commissioner of public safety, and
the chiefs of the fire and police departments of the municipality, with reference to the
maintenance and improvement of personnel standards and administration in the fire and
police services, and the classified system.
c. Advise and assist the employees in the classified service with reference to the
maintenance, improvement, and administration of personnel matters related to any individual
or group of employees.
d. Make, at the direction of the mayor, commissioner of public safety, chief of either
the fire or police department, or upon the written petition of any citizen for just cause, or
upon its own motion, any investigation concerning the administration of personnel or the
compliance with the provisions of this Section in the said municipal fire and police services;
review, and modify or set aside upon its own motion, any of its actions, take any other action
which it determines to be desirable or necessary in the public interest, or to carry out
effectively the provisions and purposes of this Section.
e. Conduct investigations and pass upon complaints by or against any officer or
employee in the classified service for the purpose of demotion, reduction in position or
abolition thereof, suspension of 1 dismissal of the officer or employee, in accordance with
the provisions of this Section.
f. Hear and pass upon matters which the mayor, commissioner of public safety, the
chiefs of the departments affected by this Section, and the state examiner of municipal fire
and police civil service bring before it.
g. Make, alter, amend, and promulgate rules necessary to carry out effectively the
provisions of this Section.
h. Adopt and maintain a classification plan. The classification plan shall be adopted
and maintained by rules of the board.
i. Make reports to the governing body, either upon its own motion or upon the
official request of the governing body, regarding general or special matters of personnel
administration in and for the municipal fire and police services of the municipality, or with
reference to any appropriation made by the governing body for the expenses incidental to the
operation of the board.
8. Rules. Each board may adopt and execute rules, regulations, and orders necessary
or desirable effectively to carry out the provisions of this Section, and shall do so when
expressly required by this Section. No rule, regulation, or order shall be contrary to, or in
violation of, any provisions, purpose, or intent of this Section or contrary to any other
provisions of law. The board may amend or repeal any rule or part thereof in the same
manner provided herein for the adoption of the rule. All rules shall be applicable to both the
fire and police classified services, unless by express provisions therein, it is made applicable
to only one of the services.
A board may adopt any rule, either in its proposed or revised form, after holding a
public hearing at which any municipal officer, employee, private citizen, and the state
examiner shall be given an opportunity to show cause why the proposed rule, amendment,
or any part thereof should not be adopted. Before the board holds this public hearing, it shall
furnish at least thirty days notice in advance of the date, time and place therefor to the mayor,
commissioner of public safety, and other municipal commissioner whom the rule may in any
way affect, the chief and each station of the departmental service to be affected by the
adoption of any such rule, and to the state examiner. A copy of all proposed rules to be
discussed at any hearing shall be furnished with all notices. Each notice and copy of
proposed rule furnished the various stations of a respective department shall be posted upon
the bulletin board of each station for a period of at least thirty days in advance of the hearing.
Within thirty days after the board has adopted any rule, whether it is a new rule or
amendment of an existing rule, or an abolition in whole or part thereof, it shall furnish an
official copy thereof to all persons and places set forth above.
Rules adopted under the authority of this Section shall have the force and effect of
law.
9. State Examiner and Deputy State Examiner of Municipal Fire and Police Civil
Service.
a. The office of state examiner of municipal fire and police civil service is created.
The state examiner shall be a resident and qualified voter of the state. He shall be a person
who has had experience in personnel administration, classification, or employment testing
in a classified civil service system and shall serve on a full-time basis. He shall receive and
be paid a salary set by the State Civil Service Commission in accordance with the State Civil
Service Commission's uniform pay plan. The position of state examiner shall be assigned
to the same pay range to which the deputy director of state civil service is assigned. The state
examiner shall be paid traveling and living expenses while away from his place of residence.
b. The office of deputy state examiner of municipal fire and police civil service is
created. The right of appointment, supervision, and discharge of the deputy state examiner
is vested in the state examiner. The deputy state examiner is authorized and empowered to
exercise the authority and perform the duties of the state examiner as provided in this
Section. He shall be a resident and qualified voter of the state. He shall be a person who has
had experience in personnel administration, classification, or employment testing in a
classified civil service system and shall serve on a full-time basis. He shall receive and be
paid a salary set by the state examiner in accordance with the State Civil Service
Commission's uniform pay plan. The position of deputy state examiner shall be assigned to
the pay range which is two levels below the pay range to which the deputy director of state
civil service is assigned. The deputy state examiner shall be paid traveling and living
expenses while away from the place of his residence.
c. The state examiner and the deputy state examiner of the municipal fire and police
civil service shall come within and be bound under and amenable to the classified service of
the state as established and existing. The state examiner and deputy state examiner shall be
subject to the rules adopted and promulgated by the State Civil Service Commission. The
state examiner shall be subject to removal and other disciplinary action by the State Civil
Service Commission only for a good and sufficient cause set forth in written charges filed
with the commission by any one of the municipal fire and police civil service boards created
by this amendment or by any qualified elector of the state, and only after a public hearing by
the State Civil Service Commission to be held in accordance with rules to be adopted by the
commission.
d.(i) The State Civil Service Commission shall exercise no administrative control
over the state examiner. Its functions and powers relating to this office shall consist solely
of the right of appointment, hearing of charges for removal or other disciplinary action
legally brought against the incumbents of this office, and the ordering of his removal or the
rendering of such other judgment of a disciplinary nature as it may deem proper after a
hearing.
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph the State Civil
Service Commission's functions and powers shall also include approval of pay actions for
the state examiner.
e. When a vacancy occurs in the office of the state examiner, the State Civil Service
Commission shall, within thirty days, make a provisional appointment of any person it deems
qualified to fill the vacancy. A competitive examination shall be prepared, administered, and
scored under the direction of the State Civil Service Commission in order to establish a list
of persons eligible for appointment to the office. As soon as such list can be and is
established, the State Civil Service Commission shall appoint any person upon the eligibility
list who has the experience required in Subparagraphs (a) and (b) of this Paragraph to fill the
office; however, selection preference may be given to any person having such experience in
the municipal fire and police classified civil service system. The person appointed shall
serve a working test period of six months which shall be considered a portion of the
examination. At the termination of such working test period, if successfully completed, the
appointee shall become a regular employee as defined in the State Civil Service Law.
f. The state examiner shall maintain a suitable office in the city of Baton Rouge. The
officer charged by law with the custody of state buildings shall assign suitable office space
to the examiner. The examiner shall appoint employees necessary for him to carry out his
duties effectively. All of the employees appointed by the state examiner, except persons
employed on a temporary basis to conduct or assist in giving examinations, shall be selected
by him after certification to him by the State Department of Civil Service of names from
eligible lists established by the State Department of Civil Service; and they shall, in all other
respects, be covered by the provisions of existing Civil Service laws and rules and
regulations legally adopted by the Department of State Civil Service.
g. Repealed by Acts 2013, No. 313, §3.
h. The state examiner shall take the oath of office and furnish bond for the faithful
performance of his duties according to law in the sum of five thousand dollars. The premium
of the bond shall be paid from the funds appropriated to the state examiner. The state
examiner shall be ex-officio a notary public for the state at large.
i. The state examiner may obtain on a contractual or fee basis the services which his
office is unable to supply and which are necessary for his compliance with the provisions of
this Section.
j. Implemented by Acts 1999, No. 456, §1, as R.S. 33:2479(G).
k. The state examiner may delegate to the deputy state examiner such of the above
duties as he may deem expedient.
10. Appropriations: Facilities for Board. The legislature shall make adequate annual
appropriations to enable the state examiner and deputy state examiner to carry out effectively
the duties imposed upon them by this Section. The governing body of the municipality shall
make adequate annual appropriations to enable the board of the municipality to carry out
effectively the duties imposed upon the board and shall furnish the board with office space,
furnishings, equipment, and supplies and materials necessary for its operation.
11. Classified and Unclassified Service. a. The classified service shall comprise
every position, except those included in the unclassified service, to which the right of
employee selection, appointment, supervision, and discharge is vested in the municipal
government or with an officer or employee thereof, and which has as its primary duty and
responsibility one of the following:
(Fire)
(1) The chief and assistant chiefs; the intradepartmental division, bureau, squad,
platoon and company officers of the fire department.
(2) Fire fighting.
(3) Fire prevention; inspection.
(4) Driving, tillering, and operation of fire apparatus.
(5) Operation and maintenance of radio, fire alarm, or signal system.
(6) Fire department instructors in employee training.
(7) Fire salvage and overhauling services; and first aid.
(8) Automotive or fire apparatus repairs, if such service is operated exclusively by
and for either or both the fire or police department.
(9) Secretary to the chief. Departmental records clerk.
b. The unclassified service shall comprise the following:
(1) All officers, employees, and positions of employment in the municipal
government, not having as a principal duty one of the duties hereinabove provided in the
classified service.
(2) Officers elected by popular vote and persons appointed to fill vacancies in
elective offices.
(3) Secretaries, stenographers, and all clerical positions not specifically included in
the classified service.
(4) Pound keepers, dog catchers, janitors, porters, elevator operators, chefs, kitchen
helpers and workers, mechanic's helpers, car washers, unskilled labor, special guards at
schools, or any part-time, or temporary employee.
(5) Any position of employment, the duties of which are included in the classified
service, to which the right of employee selection, appointment, supervision, and discharge
is vested in and with those other than the municipal government or an officer or employee
thereof.
12. Right of Employee Who Entered Armed Forces to be Reinstated. Any regular
and permanent employee who left a position of the departmental service, which now comes
within the classified service, subsequent to May 1, 1940, and entered the armed forces of the
United States shall be restored to his position and, thereafter, be subject to the rights and
jurisdiction of the classified service created by this Section if he makes application therefor
to the appointing authority within sixty days from the date of his honorable discharge or
discharge under honorable conditions, and is physically and mentally capable of performing
the work of his position to the satisfaction of the appointing authority.
13. Classification Plan. Each board, as soon as practicable (not to exceed a period
of eighteen months) after this Section takes effect in the municipality, shall adopt a
classification plan for the fire and police services of the municipality. Each classification
plan shall consist of classes to be designated either by standard titles, ranks, or a combination
thereof, for all positions included in the classified service for each of the fire and police
services. The classification plan may be divided into groups of classes. The various classes
of positions shall be arranged in each classification plan so as to show the principal and
natural lines of promotion and demotion. The classification plan shall be adopted as rules
of the board, in the manner provided by this Section for the adoption of rules. Rules creating
the classification plan, future classifications, abolition of any classification, any amendment
thereto, or revision thereof shall be adopted by a board only after consultation with the
appointing authority, and the state examiner. The original classification plan to be
established when this Section takes effect in a municipality shall be prepared, after
consultation with the appointing authority, and submitted to the board for its approval and
adoption, by the state examiner. The board may amend or revise the classification plans
before adopting them. The state examiner shall advise and assist the board in all future
classifications when requested to do so.
14. Allocation of Positions to Classes. The board, or chairman thereof subject to the
subsequent approval of the board, as soon as practicable (not exceeding forty-five days) after
the adoption of a classification plan, after consultation with the appointing authorities
concerned, shall allocate each position in the classified service to its appropriate class; and
thereafter shall likewise allocate each new position created in the service, and, when for the
benefit of the service, reallocate positions from class to class.
Whenever the duties of a position are so changed by the appointing authority that the
position in effect becomes one of a different class from that to which it is allocated, the
change shall operate to abolish the position and to create a new position of the different class.
Whenever the board finds any change in the duties of any position in the classified
service was brought about by the appointing authority to effect a reduction in the
classification of any employee because of political, religious, or discriminatory reasons, or
without just cause, it shall refuse to recognize any such action, and shall order the appointing
authority to continue the employee in the position and class with all rights and privileges.
15. Use of Class Titles. The title of each class shall be the official title of every
position allocated to the class, for all purposes having to do with the position as such, and
shall be used to the exclusion of all other titles on all pay rolls, budget estimates, and official
records and reports pertaining to the position, except that any abbreviation or code symbol
by the board may be used to designate a position of a class. Any other title satisfactory to the
appointing authority may be used in official correspondence and in any other connection not
having to do with the personnel processes covered by this Section. No employee shall be
appointed, employed, or paid under any title other than that of the class to which the position
occupied by him is allocated.
16. Status of Incumbent of Position When Allocated. Every person employed in the
municipal fire and police services for a continuous period of at least six calendar months
immediately preceding the date that this Section takes effect in the municipality, who was
regularly and permanently appointed to a position coming under the classified service, shall
be inducted into and bound under the classified service, the provisions of this Section, and
the rules adopted hereunder.
When any position is first allocated hereunder, or is reallocated to a different class
to correct an error in its previous allocation, or because of a change in the duties of a position
which has the effect of abolishing the position and creating a new position of another class,
the employee and the position may continue to serve therein, with the status and all the rights
and privileges he would have had under this Section if he had been originally appointed by
examination and certification hereunder to a position of the class to which the position has
been allocated or reallocated. Such employee however may be transferred without further
tests of fitness or certification to any position of the class to which the position was
previously allocated while held by the employee.
Any employee who feels himself aggrieved because of any allocation or change in
classification affecting his position shall, upon his request, be heard thereon by the board;
and the board shall hear and decide the complaint in any manner deemed proper.
17. Methods of Filling Vacancies. Vacancies in positions in the classified service
shall be filled by one of the following methods:
a. Demotion
b. Transfer
c. Reinstatement
d. Promotional appointment
e. Competitive appointment
f. Reemployment
g. Temporary appointment.
A vacancy shall be considered filled under any of the methods specified above, and
employment thereunder effective, as of the date on which the employee enters upon the
duties thereof.
18. Demotion. Demotions of regular employees shall be made by the appointing
authority when it becomes necessary to reduce the number of employees in the classified
service or in any class therein. Demotions from any class, except for disciplinary action or
because of the abolition of an entire class in the classified service, shall be made by demoting
employees from lowest to highest in point of total seniority earned in positions of the class
plus that earned in any higher classes in the classified service. The names of regular
employees demoted for any reason, except for disciplinary action, shall be recorded upon the
reinstatement list for the class from which they are demoted in the order in which the
demotions are made.
19. Transfer. Any employee may be transferred from any position in the classified
service to any other position of the same class within the classified service, at the pleasure
of the appointing authority without notice to and confirmation by the board.
Any regular employee so transferred shall have the right of appeal to his board upon
the grounds (1) that his transfer was made to a position not included within the class to which
his position was previously allocated, or (2) that the position to which he has been transferred
is not included within the classified service; or (3) the transfer was made deliberately to
discriminate against him.
20. Reinstatement and Reemployment. a. Each employee who, during or at the
expiration of his working test period of probation following his promotion after being
certified from an appropriate employment list, is rejected and refused permanent status in the
position and class to which he was promoted, shall be automatically reinstated to the position
from which he was promoted without his name being placed upon any list.
b. All employees whose names appear upon the reinstatement list for a prospective
class shall be reinstated in a position thereof, in the reverse order from which their names
were placed upon the list, before any other appointment is made therein.
c. All employees whose names appear upon the reemployment list for a class from
which they laid off according to the provisions of paragraph 29, shall be reemployed in a
position thereof, or offered such appointment, in the reverse order from which their names
were placed upon the list for the class, before any other employment or appointment is made
in it.
d. Any regular employee who resigns from a position in the classified service may,
with the prior approval of the board, be reemployed in a position of the class or in a position
of any lower class for which he is qualified, provided, that the reemployment is made within
four years of the date of resignation, and that no person whose name appears upon either the
reinstatement, employment, or reemployment list for a class to which any such person is
reemployed is willing to accept an appointment therein. Any person who is reemployed shall
be physically fit to perform the duties of the position to which he is appointed. He shall
furnish a favorable medical certificate to the appointing authority and the board after a recent
examination by a practicing physician.
21. Establishment and Maintenance of Employment Lists. The board shall establish
and maintain employment lists containing names of persons eligible for appointment to the
various classes of positions in the classified service, as follows:
a. Names of regular employees who are demoted from any class for a reason other
than disciplinary action shall be placed upon the reinstatement list for the class from which
they were demoted in the order in which the demotions were made.
b. Only the names of regular employees who have been laid off in accordance with
provision of paragraph 29 shall be eligible for entry upon the reemployment list. The names
of such persons shall be entered upon the reemployment list for the class from which they
were laid off in the order in which the lay-offs were made.
c. A name placed upon either the reinstatement or the reemployment list shall remain
thereon for a period of four years. The board, however, may remove the name of any person
who refuses an offer of employment following a certification from either list.
d. Names of persons attaining a passing score on a promotion test shall be placed
upon the promotion employment list for the class for which they were tested, from highest
to lowest, according to their total seniority in the departmental service. The names of
persons attaining a passing score on a competitive test shall be placed upon the competitive
employment list for the class for which they were tested, from highest to lowest, according
to their final test scores.
e. Any person whose name is placed upon the competitive employment list for the
entrance or lowest ranking class in the classified service who has served in the armed forces
of the United States of America during the times of war, and has been honorably discharged
or discharged under honorable conditions, shall have added to his final test score a total of
five points at the time of placing his name upon the list. Proof of such service and discharge
shall be required by the board in any manner it deems advisable.
f. The minimum and maximum period for which a name may remain upon a
promotional and competitive employment list shall be twelve and eighteen months,
respectively, for each list.
g. The employment list for which eligibles are obtained from the results of tests
given for that purpose shall be reestablished in the manner further provided in this Section.
h. When new names are to be placed upon a promotion list for a given class, the
remaining names thereon shall be rearranged with the new names so that all names appearing
upon the list for the class shall rank, from highest to lowest, according to total seniority in
the departmental service. When new names are to be placed upon a competitive list for a
given class, the remaining names thereon shall be rearranged with the new names so that all
names appearing upon the list for the class shall rank, from highest to lowest, according to
their final test scores.
i. Notwithstanding the provisions of this Section or of any other law to the contrary,
the municipal fire and police civil service board of the city of Shreveport shall establish and
maintain employment lists as provided in R.S. 33:2491.1.
j. Notwithstanding the provisions of this Section or of any other law to the contrary,
the municipal fire and police civil service board of the city of Sulphur shall establish and
maintain employment lists as provided in R.S. 33:2491.2.
k. Notwithstanding the provisions of this Section or of any other law to the contrary,
the municipal fire and police civil service boards shall establish and maintain employment
lists as provided in R.S. 33:2491.3.
22. Tests. Tests to determine the eligibility of applicants for entry upon the
promotional and competitive employment lists shall be provided, as follows:
a. The board shall provide through the state examiner for promotional or competitive
tests. Official notice of examination shall be posted on the bulletin board in each station of
the respective department. The notice shall state (1) class of positions for which tests will
be given, (2) whether the tests will be given on a promotional or competitive basis, and (3)
the final date on which applications for admission to the tests will be received. The notice
shall be posted for a continuous period of thirty days preceding the date for administering the
tests. In addition to the posted notice, public notice for all tests to be given on a competitive
basis shall be published at least four times during the thirty-day period in the official journal
of the municipality in which such tests are to be held. This notice of examination need not
reveal the exact date on which tests shall be administered, but all applicants shall be advised
of the date, place, and time to report for an announced test at least five days in advance
thereof in any manner the board may prescribe.
b. As may be necessary from time to time, the state examiner may call for and
administer examinations for the entrance classifications of firefighter, police officer, and for
the entrance classes for positions of which the operation and maintenance of a radio, alarm,
or signal system for the fire or police service is the primary duty. Tests may be administered
at the discretion of the state examiner in any municipality, parish, or fire protection district
to which this Section applies. Official notification shall not be made to the extent required
under Subparagraph (22)(a) of this Section; however, public notice shall be published at least
four times during a thirty-day period in the official journal of the state of Louisiana and may
be posted on the bulletin board in each station of the respective department. This notice of
examination need not state the exact date on which tests shall be administered, but all
applicants shall be advised of the date, place, and time to report for an announced test at least
five days in advance thereof in any manner the state examiner may prescribe.
c. Each person in a group of candidates being tested at a given time for the same
class of employment shall be given the same test, and it shall be administered in the same
manner to each candidate. No questions shall be framed so as to elicit information
concerning the political, factional, or religious opinions or affiliations of any applicant.
d. All tests shall be restricted to those matters which will fairly test the relative
capacity and fitness of the candidates to discharge the duties characteristic of positions of the
class to which they seek to be appointed. Tests may include written or oral questions, trials
on the performance of work characteristic of the class, inquiries into facts relating to
education, experience, or accomplishments in specialized lines of endeavor, or any
combination of these and other elements duly related to the purpose of the tests.
e. Seventy-five percent shall constitute a passing score for all tests administered
under the provision of this Section.
f. Promotional tests for positions in the various classes in the classified service,
except those classes in which positions shall be filled only from the competitive list, may be
held as the need of the service require, but must be given at least one time during each
successive period of eighteen months.
g. Competitive tests shall be held only as the needs of the service require and shall
be given for classes comprising only the following duties or positions:
(1) Chief of the departmental service.
(2) The entrance or lowest ranking class in the classified service.
(3) The entrance or lowest ranking class in any group of classes where the various
classes have been divided into groups by the classification plan.
(4)(a) Operation and maintenance of radio, fire alarm, police alarm, and other signal
systems.
(b) Notwithstanding Item (a) of this Subsubparagraph, for the city of Shreveport,
operations, management, and supervision of radio, fire alarm, police alarm, and other signal
systems.
(5) Automotive or fire apparatus mechanics and repairmen.
(6) Secretary to the chief.
(7) Departmental records clerk.
(8) For a position in any class in the classified service after reasonable efforts by
preceding methods provided by this Section have failed to produce names of persons eligible
for regular appointment thereto.
h. All tests required by this Section shall be prepared, administered, and scored by
the state examiner in accordance with the provisions of this Section. The results of the tests
shall be furnished the board for which the tests have been held as soon as practicable after
the tests have been administered. All test questions, answers, and papers shall at all times
be kept in the custody of the state examiner and shall be produced by him and exhibited by
him at the domicile of any board upon its written request.
i. The board for which any test is administered may, at any time, up to six months
after receiving the results from the state examiner, receive and review any or all parts of the
test and the methods used in its grading, in order to determine whether the test was a fair and
reasonable one and was fairly graded. If, after the board reviews any test and consults with
the state examiner, it concludes that any item or part of the test was unfair or unreasonable
or finds errors in the grading, it may, at its discretion, cause a regrading of the test, and,
thereupon, correct or establish the appropriate employment list in accordance with the
revised ratings. If the board finds that a fair rating can be determined only from an entire
new test, it may cause a new test to be given to all persons taking the previous test and
establish a new employment list for the class from the results of such new test.
j. Each applicant who makes a passing score on a test provided by the board through
the state examiner under the provisions of Subparagraph (22)(a) of this Section shall be
advised, in any manner the board prescribes, of his final score and relative standing on the
list appropriate for the class for which he was tested.
k. Each applicant who makes a passing score on a test administered by the state
examiner under the provisions of Subparagraph (22)(b) of this Section shall be advised, in
any manner the state examiner prescribes, of his final score. Such score may be reported and
approved by the board under the provisions of R.S. 33:2491(I). The original eligibility of an
applicant under the provisions of this Subparagraph shall be the period of not more than
eighteen months after the date on which the signature of the state examiner was affixed to
his notification of score.
23. Admission to Tests. Admission to tests provided by the civil service board
through the state examiner shall be as follows:
a. Admission to a promotional test shall be limited to regular employees of the class
next lower from that for which they are to be examined. However, the rules may provide for
admission to be extended to applicants from any one or more of the next lower classes.
b. Admission to competitive tests shall be open to all persons who meet the
requirements provided by this Section and the rules.
c. Repealed by Acts 1980, No. 839, §3.
d. Special requirements or qualifications for admission to tests, or for eligibility for
appointment, such as age, education, physical requirements, etc., may be established by the
rules adopted by the board, after consultation with the appointing authority. Any applicant
must be, at the time of his appointment to a position in the classified service, of good health,
good moral character, and of temperate and industrious habits.
e. The board may reject the application of any person for admission to tests of
fitness, or refuse any applicant to be tested, or may cancel the eligibility of any eligible on
any employment list, who
(1) Is found to lack any of the qualifications prescribed, or which may be legally
prescribed, as requirements for admission to the tests for the class for which he has applied;
(2) Is physically unfit to perform effectively the duties of a position of the class;
(3) Is addicted to the habitual use of drugs or intoxicating liquors to excess;
(4) Has been adjudged guilty of a crime involving moral turpitude or infamous or
notoriously disgraceful conduct;
(5) Has been dismissed from the respective service for delinquency or misconduct;
(6) Has made a false statement of any material fact; or
(7) Has practiced, or attempted to practice, deception or fraud in securing eligibility
for appointment or attempting to do so.
Any such facts shall also be considered cause for removal of any employee. The
board shall reject any application filed after the time fixed for closing receipt of applications
as announced in the public notice of the tests.
24. Certification and Appointment a. Implemented by Acts 1999, No. 1093, §1, as
R.S. 33:2494(A).
b. The board shall first certify the name of the person appearing upon the
reinstatement list who is eligible for the first reinstatement in the class of the vacant position.
The name of this person and all others appearing upon the reinstatement list for the class
shall be certified and offered the appointment in the order provided by paragraph 20a before
the vacancy is filled by any subsequent method provided by this Section. The appointing
authority shall appoint to the vacant position the first person so certified to him who is
willing to accept the appointment. If the position is one of a class from which lay-offs have
been made as provided by paragraph 29 the names of eligible persons appearing upon the
reemployment list for the class shall be certified and offered the appointment in the order
provided by paragraph 20c before any other appointment is made thereto.
c. In the event a vacancy cannot be filled by reinstatement, or by reemployment as
above provided, the board shall next certify the names of the persons upon the promotional
list, in the order in which they appear thereon, for the class in which the vacancy is to be
filled. The appointing authority shall select and appoint to the first vacancy to be filled the
one person certified to him who has the greatest seniority in the departmental service. Any
remaining positions to be filled in the same class shall be filled by appointing to each such
successive vacancy the one of the remaining persons certified therefor who has the next
highest seniority in the departmental service. If any one or more persons so certified should
refuse the appointment, the appointing authority shall then select and appoint one of the
persons certified by the board with the next highest seniority in the departmental service.
This procedure shall be followed until the position has been filled by appointment of the one
person who has the greatest seniority in the departmental service, and who is willing to
accept the appointment, or until each person whose name appears upon the list, has in this
order been certified and offered the appointment for the vacancy.
d. Implemented by Acts 1999, No. 1092, §1, as R.S. 33:2494(D).
e. Appointment to any position in the classified service from which the regular
employee is away on an authorized leave of absence shall be made in accordance with the
provisions of paragraph 26.
f. The appointing authority shall notify the board of the filling of a vacancy as
provided in paragraph 33.
25. Implemented by Acts 1997, No. 1391, §1, eff. July 15, 1997, and continued as
R.S. 33:2495.
26. Temporary Appointments. Temporary appointments may be made to positions
in the classified service without the appointees acquiring any permanent status therein, as
follows:
a.(1) When a vacancy is to be filled in a position of a class for which the board is
unable to certify names of persons eligible for regular and permanent, or substitute,
appointment, the appointing authority may make a provisional appointment of any person
whom he deems qualified. When practicable, the appointment should be made by the
provisional promotion of any employee of a lower class. A provisional appointment shall
not continue for more than three months. No position in the classified service shall be filled
by one or more provisional appointments for a period in excess of three consecutive months
and successive like periods shall not be permissible. The board may, however, authorize the
renewal of such appointment, or authorize such successive appointments for a period not to
exceed three additional months whenever it has been impracticable or impossible to establish
a list of persons eligible for certification and appointment to a vacancy. Any provisional
appointment, if not terminated sooner, shall terminate upon the regular filling of the vacancy
in any manner authorized under this Section, and, in any event, within fifteen days after a
certification from which a regular, or substitute appointment, as the case may be, can be
made under the provisions of this Section. A provisional appointment shall be reported to
the board within fifteen days following the appointment.
(2) During the times of war, and after the board continues to offer tests provided by
this Section in an effort to obtain persons eligible for regular and permanent appointment to
a position of any class which has been permanently vacated by the regular employee thereof,
and it finds it impossible to establish a list of persons qualified for certification and
permanent appointment to the position in the classified service, it may authorize the
appointing authority to fill the position with a provisional appointee until the appropriate
employment list can be established.
(3) Provisional appointments may be made in any position until a classification plan
is prepared and adopted and for such time thereafter as may be required for the preparation
and administration of tests and the establishment of employment lists from the results of the
tests. But such special authority shall be valid for a period of not more than eighteen months
immediately following the date that this Section takes effect in the municipality.
b. A substitute appointment may be made to any position in the classified service (1)
from which the regular and permanent employee is away on an authorized leave of absence,
or (2) from which the regular employee is substituting for some other regular employee who
is authorized to be away from his respective position. No position shall be filled by a
substitute appointee for a time beyond that for which the regular and permanent incumbent
is away on an authorized leave. Whenever such appointment shall continue for not more
than thirty days, the appointing authority may appoint thereto any one whom he deems
qualified. Substitute appointments made for a period exceeding thirty days shall be made in
the same manner as provided in paragraph 24 for the filling of a vacancy by a regular and
permanent appointment. Any person employed on a substitute basis shall, for the duration
of the temporary employment, enjoy the class title and be entitled to receive the rate of pay
for the class and position in which he is employed. The appointing authority shall notify the
board within fifteen days following any substitute appointment made for a period to exceed
thirty days, the name of the appointee, the class of position filled, the period for which the
appointment was made and attach to the notification a signed copy of the leave of absence
granted the employee for whom the appointee is substituting.
c. Emergency appointments of any person may be made at any time the need of the
service require because of any local emergency of a temporary and special nature. No such
appointment shall be effective or continued for more than ten days.
27. Leaves of Absence. The board shall adopt rules to provide for leaves of absence
in the various classes of the classified service. Such rules shall provide for annual vacation
and sick leaves with pay, and special leaves with or without pay. They may provide for
special extended leaves with or without pay or with reduced pay for employees disabled
through injury or illness arising out of their employment. The right to regulate the time at
which any employee may take an annual leave, or any other leave which is not beyond the
control of the employee, shall be vested at all times with the appointing authority.
28. Abolition of Positions in the Classified Service. Whenever the appointing
authority abolishes a position in the classified service and there is no position vacant in the
respective class to which the regular employee of the abolished position may be transferred,
the employee shall be transferred to any position of the same class which may be held by a
provisional employee. If there is no such position he shall be transferred to another position
in the respective class, and the holder of that position shall thereupon be demoted in the order
provided by paragraph 18.
29. Lay-offs. If, for any reason, the lowest class in the classified service, or the
lowest class in a respective group of classes, as grouped by the classification plan, should
become overburdened with the number of persons holding positions therein, and a reduction
of personnel becomes necessary, the reduction shall be made only by laying off persons
without pay. The order of removal shall begin with the person youngest in point of his
accumulated total service in the departmental service and shall continue upward until all
persons to be removed have been laid off. Lay-offs shall be made from positions only within
the classes above set forth. The names of persons laid off, the date, the class of position held,
and the order in which each person was laid off shall be reported to the board by the
appointing authority. The board shall, thereupon, enter such information upon the
reemployment list applicable for the class from which each person was removed.
30. Corrective and Disciplinary Action for Maintaining Standards of Service. a. The
tenure of persons who have been regularly and permanently inducted into positions of the
classified service shall be during good behavior. However, the appointing authority may
remove any employee from the service, or take such disciplinary action as the circumstances
warrant in the manner provided below for any one of the following reasons:
(1) Unwillingness or failure to perform the duties of his position in a satisfactory
manner.
(2) The deliberate omission of any act that it was his duty to perform.
(3) The commission or omission of any act to the prejudice of the departmental
service or contrary to the public interest or policy.
(4) Insubordination.
(5) Conduct of a discourteous or wantonly offensive nature toward the public; any
municipal officer or employee; and, any dishonest, disgraceful, or immoral conduct.
(6) Drinking vinous or spirituous liquors while on duty or reporting for duty while
under the influence of liquor.
(7) The use of intoxicating liquors, or habit forming drug, liquid, or preparation to
an extent which precludes the employee from performing the duties of his position in a safe
or satisfactory manner.
(8) The conviction of a felony.
(9) Falsely making a statement of any material fact in his application for admission
to any test for securing eligibility or appointment to any position in the classified service, or,
practicing or attempting to practice fraud or deception in any test.
(10) Using or promising to use his influence or official authority to secure any
appointment to a position within the classified service as a reward or return for partisan or
political services.
(11) Soliciting or receiving any money or valuable thing from any person for any
political party or political purpose.
(12) Inducing or attempting to induce by threats of coercion, any person holding a
position in the classified service to resign his position, take a leave of absence from his
duties, or waive any of his rights under the provisions of this Section, or of the rules.
(13) The development of any defect of physical condition which precludes the
employee from properly performing the duties of his position, or the development of any
physical condition that may endanger the health or lives of fellow employees.
(14) The willful violation of any provision of this Section or of any rule, regulation,
or order hereunder.
(15) Any other act or failure to act which the board deems sufficient to show the
offender to be an unsuitable or unfit person to be employed in the respective service.
b. Unless the cause or condition justifies an employee being permanently removed
from the service, disciplinary action may extend to suspension without pay for a period not
exceeding the aggregate of ninety days in any period of twelve consecutive months, reduction
in pay to the rate prevailing for the next lower class, reduction or demotion to a position of
any lower class and to the rate of pay prevailing therefor, or such other less drastic action that
may be appropriate under the circumstances. Nothing contained herein shall prevent any
employee who is physically unable to perform the duties of his position from exercising his
rights of voluntary retirement under any applicable law.
c. Although it is incumbent upon the appointing authority to initiate corrective or
disciplinary action, the board may, and shall upon the written request of any qualified elector
of the state which sets out the reasons therefor, make an investigation of the conduct and
performance of any employee in the classified service and, thereupon may render such
judgment and order action to be taken by the appointing authority. Such action shall be
forthwith taken by the appointing authority.
d. 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 complete reasons therefor.
31. Repealed by Acts 1983, No. 473, §2.
32. Oath, Testimony, Production of Records; Refusal to Testify. The board, and
each of its members, shall have the same power and authority to administer oaths, subpoena
witnesses, and compel the production of books and papers pertinent to any investigation or
hearing authorized by this Section as is possessed by the district courts of Louisiana. Any
person who (1) fails to appear in response to a subpoena, (2) fails to answer any question,
except those which may incriminate him, (3) fails to produce any books or papers pertinent
to any investigation or hearing, or (4) knowingly gives false testimony therein shall be
subject to the penal Sections of this Section. In case of contumacy or refusal to obey a
subpoena issued to any person, the district court within the jurisdiction of which the
investigation is being carried on, or within the jurisdiction of which the person guilty of
contumacy or refusal to obey is found, or resides, or transacts business, upon application of
the board, shall have the requisite jurisdiction to issue to the person an order requiring him
to appear before the board, its member or agent, and to produce the required evidence or give
testimony touching the matter under consideration or in question. Any person failing to obey
such order may be punished by the court for contempt.
Any officer or employee in the classified service who wilfully refuses or fails to
appear before any court, officer, board, body or person properly authorized to conduct any
hearing or inquiry, or any employee or officer, who, having appeared, refuses to testify or
answer any relevant question relating to the affairs of government of the municipality or the
conduct of any municipal officer or employee, except upon the ground that his testimony or
answers would incriminate him, shall, in addition to any other penalty to which he may be
subject, forfeit his position, and shall not be eligible for appointment to any position in the
classified service for a period of six years.
33. Duties of Municipal Officers and Employees. The appointing authority shall
report to the board within fifteen days following any appointment or employment in a
position in the classified service, unless otherwise provided, the name of the appointee, the
title and character of his office or employment and the date the employee commenced work
in the position. The appointing authority shall also report the date of and official action in,
or knowledge of, any separation, promotion, demotion, suspension, lay-off, reinstatement,
or reemployment in the classified section.
34. Political Activities Prohibited. a. Political activities by and extending to
employees of the classified service are hereby prohibited as follows:
(1) No person shall seek or attempt to use any political endorsement in connection
with any appointment to a position in the classified service.
(2) No person shall use or promise to use, directly or indirectly, any official authority
or influence, whether possessed 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.
(3) No employee in the classified service shall, directly or 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 membership dues paid, or contributions made, to non-political
employee organizations, pension funds, civic enterprises, the Louisiana Civil Service League
or any similar non-political and non-partisan organization.
(4) 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 committee 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 candidate for public office,
except to privately express his opinion and to cast his vote.
(5) No person elected to public office shall, while serving in the elective office, be
appointed to or hold any position in the classified service.
(6) No appointing authority, or agent or deputy thereof, shall directly or indirectly,
demote, suspend, discharge, or otherwise discipline, or threaten to demote, suspend,
discharge or otherwise discipline, or discriminate against any person in the classified service
for the purpose of influencing his vote, support, or other political activity in any election or
primary election. No appointing authority, or agent, or deputy thereof, shall use his official
authority or influence, by threats, promises or other means, directly or indirectly, to coerce
the political action of any employee in the classified service.
b. The appointing authority shall conduct an investigation of any person alleged to
have violated a provision of this Paragraph, unless a request by the appointing authority is
made to the board to conduct such an investigation. If as a result of such investigation the
employee is determined to be guilty of violating one or more provisions of this Paragraph,
he shall be suspended for thirty work days without pay for a first violation and discharged
for a second violation. However, any employee found to have violated R.S.
33:2504(A)(4)(c) shall be terminated upon the determination of such a violation. The board
may, upon its own initiative or upon the request of the appointing authority, investigate any
officer or employee in the classified service whom it reasonably believes guilty of violating
any one or more of the provisions. Any citizen, taxpayer, municipal officer, or employee
may file with the board detailed charges in writing against any employee in the classified
service for violating any provision of this Paragraph. The board shall, within thirty days after
receiving the written charges, hold a public hearing and investigation and determine whether
such charges are true and correct. If the board finds, upon its investigation, that an employee
has violated any provision of this Paragraph, the board shall order the appointing authority
to suspend the employee without pay for thirty work days for a first violation and mandate
educational training on prohibited political activities. If the board determines an employee
has violated any provision of this Paragraph for a second time, the board shall order the
discharge of the employee from the service, and the appointing authority shall discharge the
employee.
c. Whoever is found to have violated a provision of this Paragraph twice shall be
subject to the penalties provided in R.S. 33:2507. In addition any employee in the classified
service who is discharged because of violating a provision of this Paragraph shall not again
be eligible for employment or public office in the classified service for a period of six years
from the time of his discharge.
35. Other Prohibited Acts. No person shall
(1) Make any false statement, certificate, mark, rating, or report with regard to any
test, certification, or appointment made under any provisions of this Section or commit or
attempt to commit any fraud preventing the impartial execution of this Section and the rules.
(2) Directly or indirectly, give, render, pay, offer, solicit, or accept any money,
service, or other valuable consideration for or on account of any appointment, proposed
appointment, promotion, or proposed promotion to, or any advantage in, a position in the
classified service.
(3) Defeat, deceive, or obstruct any person in his right to examination, eligibility,
certification, or appointment under this Section, or furnish to any person any special or secret
information for the purpose of affecting the rights or prospects of any person with respect to
employment in the classified service.
36. Legal Services. If this Section, or its enforcement by the board is called into
question in any judicial proceeding, or if any person fails or refuses to comply with the
lawful orders or directions of the board, the board may call upon the attorney general, or the
chief legal officer of the municipality, or may employ independent counsel to represent it in
sustaining this Section and enforcing it. Nothing contained herein shall prevent any
municipal officer, employee, or private citizen from taking legal action in the courts to
enforce the provisions of this Section or of any rule, order, or other lawful action of the
board.
37. Penalties. Whoever wilfully violates any provision of this Section or of the rules
shall be fined not more than five hundred dollars and shall, for a period of six years, be
ineligible for appointment to or employment in any position of the classified service. If he
is an officer or employee of the classified service he shall forfeit his office or position.
38. Effect of Other Laws. This Section shall not be rendered ineffective by any
general law affecting municipal employees or municipal departments in matters of classified
civil service except that the applicability of this section shall be subject to and governed by
the provisions of Section 15(W) and (U) of Article XIV of the Constitution, provided,
however, that any city and any Parish government jointly with one or more cities under a plan
of government, having once elected to accept the provisions of Section 15 of Article XIV of
the Constitution may subsequently elect and determine to accept the provisions of this
Section 15.1 by a majority vote of its qualified electors voting at a general or special election,
ordered and held for this purpose by the City or Parish authorities, as the case may be, in the
manner set forth in Section 15(W) of Article XIV of the Constitution, provided further, that
no local election or elections pursuant to Section 15(W) and (U), insofar as they apply to and
affect this Section, and no local election or elections pursuant to this Section 15.1 shall be
held more often than once every four (4) years, in any one city.
39. Provisions Self-operative. The provisions hereof are self-executing and self-operative and the officials designated are authorized to carry the same into effect.
Added by Acts 1952, No. 302, adopted Nov. 4, 1952. Acts 1983, No. 473, §2; Acts
1989, No. 692, §1; Acts 1989, No. 799, §1; Acts 1997, No. 517, §1, eff. July 3, 1997; Acts
1997, No. 1326, §1, eff. July 15, 1997; Acts 1997, No. 1391, §1, eff. July 15, 1997; Acts
1999, No. 456, §1; Acts 1999, No. 1092, §1; Acts 1999, No. 1093, §1; Acts 2001, No. 980,
§1; Acts 2004, No. 429, §1, eff. July 1, 2004; Acts 2006, No. 212, §1, eff. July 1, 2006; Acts
2006, No. 493, §1, eff. July 1, 2006; Acts 2013, No. 313, §§1, 3; Acts 2014, No. 791, §1;
Acts 2016, No. 332, §1; Acts 2019, No. 275, §1, eff. June 11, 2019; Acts 2022, No. 322, §1;
Acts 2022, No. 398, §1.
1as in enrolled bill.