ENROLLED
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ACT No. 748
Regular Session, 2010
HOUSE BILL NO. 1363
BY REPRESENTATIVE KLECKLEY
AN ACT1
To enact R.S. 33:2481.4 and 2541.1, relative to the municipal police civil service; to2
authorize the municipal governing authority to create the position of deputy chief of3
police; to provide that the position is appointed on a competitive basis; to provide4
relative to the appointment, supervision, and discharge of any person in any such5
position; to provide relative to the qualifications, duties, and responsibilities for such6
position; to provide relative to reinstatement to previous class of positions; and to7
provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 33:2481.4 and 2541.1 are hereby enacted to read as follows: 10
§2481.4. Deputy chief of police; competitive appointment11
A. Notwithstanding any other provision of law to the contrary, the governing12
authority may create, by ordinance, the position of deputy chief of police in13
accordance with the provisions of this Section. The position shall be filled on a14
competitive basis from a list of eligibles as provided for under R.S. 33:2491(D), and15
the right of selection, appointment, supervision, and discharge for such position shall16
be vested in the chief of police, subject to approval of the appointing authority. In17
addition, the governing authority shall establish the duties and responsibilities of the18
deputy chief of police in the ordinance creating the position. Such duties and19
responsibilities may include direct supervision over all positions in the classified20
service below the rank of chief of police. The position of deputy chief of police is21
not the same as the position of assistant chief of police as provided in R.S.22
33:2481(A)(1).23 ENROLLEDHB NO. 1363
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B.(1) The deputy chief of police shall have not less than eight years of full1
time law enforcement experience and shall at least hold the rank of sergeant in the2
classified police service at the time of his appointment.3
(2) Any person who holds the position of deputy chief of police may, while4
holding such position, apply for admission to the promotional examination for the5
class next higher than that from which he was appointed as deputy chief of police.6
However, the name and score of any deputy chief of police shall not be certified to7
the appointing authority by the civil service board as eligible for appointment to a8
position of the promotional class, and his name and score shall be eligible for9
certification, in accordance with the maximum period for which a name may remain10
on the eligibility list in accordance with the provisions of this Part, only upon11
demotion to a position of the class from which he was appointed as deputy chief of12
police.13
(3) Eligibility for admission to the competitive test for deputy chief of police14
shall be limited to members of the same department as the chief of police at the time15
of appointment.16
C.(1) Any person who is appointed from a position in the classified police17
service to serve as deputy chief of police shall not forfeit his seniority accumulated18
to the date of his appointment, and he shall continue to accumulate seniority in19
accordance with the provisions of this Part during the time he holds the position of20
deputy chief of police. The deputy chief of police shall serve indefinitely in the21
classified competitive position and shall be evaluated every three years by the chief22
of police. After each evaluation by the chief of police, the chief may reconfirm the23
deputy chief for another three year period, or may, at his discretion, demote the24
deputy chief to his former class of positions.25
(2) If any such person is demoted as the result of such evaluation, or26
otherwise vacates the position on the approval of the chief of police, he shall be27
demoted to a position in the class he held immediately preceding his appointment as28
deputy chief of police. If a deputy chief of police is subjected to corrective or29 ENROLLEDHB NO. 1363
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disciplinary action, he shall have the same rights as any other employee in the1
municipal fire and police civil service.2
* * *3
§2541.1. Deputy chief of police; competitive appointment4
A. Notwithstanding any other provision of law to the contrary, the governing5
authority may create, by ordinance, the position of deputy chief of police in6
accordance with the provisions of this Section. The position shall be filled on a7
competitive basis from a list of eligibles as provided for in R.S. 33:2551(4), and the8
right of selection, appointment, supervision, and discharge for such position shall be9
vested in the chief of police, subject to approval of the appointing authority. In10
addition, the governing authority shall establish the duties and responsibilities of the11
deputy chief of police in the ordinance creating the position. Such duties and12
responsibilities may include direct supervision over all positions in the classified13
service below the rank of chief of police. The position of deputy chief of police is14
not the same as the position of assistant chief of police which is in the classified15
police service pursuant to this Part.16
B.(1) The deputy chief of police shall have not less than eight years of full17
time law enforcement experience and shall at least hold the rank of sergeant in the18
classified police service at the time of his appointment.19
(2) Any person who holds the position of deputy chief of police may, while20
holding such position, apply for admission to the promotional examination for the21
class next higher than that from which he was appointed as deputy chief of police.22
However, the name and score of any deputy chief of police shall not be certified to23
the appointing authority by the civil service board as eligible for appointment to a24
position of the promotional class, and his name and score shall be eligible for25
certification, in accordance with the maximum period for which a name may remain26
on the eligibility list in accordance with the provisions of this Part, only upon27
demotion to a position of the class from which he was appointed as deputy chief of28
police.29 ENROLLEDHB NO. 1363
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(3) Eligibility for admission to the competitive test for deputy chief of police1
shall be limited to members of the same department as the chief of police at the time2
of appointment.3
C.(1) Any person who is appointed from a position in the classified police4
service to serve as deputy chief of police shall not forfeit his seniority accumulated5
to the date of his appointment, and he shall continue to accumulate seniority in6
accordance with the provisions of this Part during the time he holds the position of7
deputy chief of police. The deputy chief of police shall serve indefinitely in the8
classified competitive position and shall be evaluated every three years by the chief9
of police. After each evaluation by the chief of police, the chief may reconfirm the10
deputy chief for another three year period, or may, at his discretion, demote the11
deputy chief to his former class of positions.12
(2) If any such person is demoted as the result of such evaluation, or13
otherwise vacates the position on the approval of the chief of police, he shall be14
demoted to a position in the class he held immediately preceding his appointment as15
deputy chief of police. If a deputy chief of police is subjected to corrective or16
disciplinary action, he shall have the same rights as any other employee in the17
municipal fire and police civil service.18
Section 2. The provisions of this Act shall not be construed to require any governing19
authority to create the position of deputy chief of police. In addition, the provisions of this20
Act shall not affect any person employed in the classified police service on the effective date21
of this Act who is in the second highest class in the classified police service at the rank of22
assistant chief of police, deputy chief of police, or similarly named second highest rank.23
Any such person shall continue to hold such rank and shall continue to be employed in the24
classified police service on and after the effective date of this Act.25
Section 3. The provisions of this Act shall not apply to the governing authority of26
any parish, municipality, or other local taxing authority in a parish with a population27
between one hundred forty seven thousand and one hundred fifty thousand, to the governing28
authority of any municipality or other local taxing authority with a population between forty-29
six thousand and fifty thousand or to the governing authority of any municipality or other30 ENROLLEDHB NO. 1363
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local taxing authority with a population between seventeen thousand eight hundred and1
eighteen thousand according to the most recent federal decennial census.2
Section 4. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: