HLS 10RS-2756 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 1424
BY REPRESENTATIVE BILLIOT
CIVIL SERVICE/FIRE & POL: Provides that the classified fire service shall be applicable
to nonprofit corporations that enter into cooperative endeavor agreements with
certain municipalities, parishes, and fire protection districts
AN ACT1
To amend and reenact R.S. 33:2471 and 2531 and to enact R.S. 33:2481.4 and 2541.1,2
relative to the municipal fire and police civil service; to provide that the classified3
fire service shall be applicable to nonprofit corporations that enter into cooperative4
endeavor agreements with certain municipalities, parishes, and fire protection5
districts to provide fire protection services; to provide relative to positions in the6
unclassified service; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 33:2471 and 2531 are hereby amended and reenacted and R.S.9
33:2481.4 and 2541.1 are hereby enacted to read as follows: 10
§2471. Applicability 11
This Part applies to any municipality which operates a regularly paid fire and12
police department and which has a population of not less than thirteen thousand nor13
more than two hundred fifty thousand according to the latest regular federal census14
for which the official figures have been made public. This Part shall also apply to15
a nonprofit corporation that has entered into a cooperative endeavor agreement with16
any such municipality to provide fire protection services.17
* * *18 HLS 10RS-2756 ORIGINAL
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§2481.4 Classified and unclassified service; nonprofit corporations1
A. Notwithstanding any other provision of law to the contrary, the classified2
service shall also comprise every position, except those included in the unclassified3
service as provided in R.S. 33:2481(B) and Subsection B of this Section, to which4
the right of employee selection, appointment, supervision, and discharge is vested5
in a nonprofit corporation that has entered into a cooperative endeavor agreement6
with any municipality covered by this Part or with an officer or employee thereof to7
provide fire protection services and which position has as its primary duty and8
responsibility one of the following:9
(FIRE)10
(1) The chief and assistant chiefs; the intradepartmental division, bureau,11
squad, platoon, and company officers of the fire department.12
(2) Firefighting.13
(3) Fire prevention; inspection.14
(4) Driving, tillering, and operation of fire apparatus.15
(5) Operations and maintenance of radio, fire alarm, or signal system.16
(6) Fire department instructors in employee training.17
(7) Fire salvage and overhauling services, first aid, advanced life support,18
and emergency medical services.19
(8) Automotive or fire apparatus repairs, if such service is operated20
exclusively by and for either or both the fire or police department.21
(9) Secretary to the chief. Departmental records clerk.22
B. Notwithstanding any other provision of law to the contrary, the23
unclassified service shall also comprise any position of employment, the duties of24
which are included in the classified service as provided in R.S. 33:2481(A) and25
Subsection A of this Section, to which the right of employee selection, appointment,26
supervision, and discharge is vested in and with those other than the municipal27
government or an officer or employee thereof or a nonprofit corporation that has28 HLS 10RS-2756 ORIGINAL
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entered into a cooperative endeavor agreement with the municipality covered by this1
Part to provide fire protection services.2
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§2531. Mandatory civil service in certain municipalities, parishes and districts 4
A. Permanent appointments and promotions for paid firemen and policemen5
in the classified civil service as enumerated herein in all municipalities having a6
population of not less than seven thousand and not more than thirteen thousand,7
according to the last preceding decennial census of the United States for which the8
final report of population returns have been printed, published and distributed by the9
director of the census or according to a special census authorized by R.S. 1:11.110
subject to the approval of the local governing authority and verified by the state11
treasurer if said special census is later, and in all parishes and fire protection districts,12
shall be made only after certification pursuant to a general system based upon merit,13
efficiency and fitness, under which certificates shall be based on examinations14
which, so far as practical, shall be competitive, and all employees in the classified15
service shall be employed from those eligible under such certification.16
B. The provisions of this Part shall also apply to appointments and17
promotions for paid firemen in the classified fire service who are employed by a18
nonprofit corporation that has entered into a cooperative endeavor agreement with19
any municipality, parish, or fire protection district covered by this Part to provide fire20
protection services.21
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§2541.1 Classified and unclassified service; nonprofit corporations23
A. Notwithstanding any other provision of law to the contrary, the classified24
service shall also comprise every position, except those included in the unclassified25
service as provided in R.S. 33:2541(B) and Subsection B of this Section, to which26
the right of employee selection, appointment, supervision, and discharge is vested27
in a nonprofit corporation that has entered into a cooperative endeavor agreement28
with any municipality, parish , or fire protection district covered by this Part or with29 HLS 10RS-2756 ORIGINAL
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an officer or employee thereof to provide fire protection services and which position1
has as its primary duty and responsibility one of the following:2
(FIRE)3
(1) The chief and assistant chiefs; the intradepartmental division, bureau,4
squad, platoon, and company officers of the fire and police department.5
(2) Firefighting and police.6
(3) Fire prevention; inspection.7
(4) Driving, tillering, and operation of fire apparatus.8
(5) Operation and maintenance of radio, fire alarm, or signal system.9
(6) Fire and police department instructors in employee training.10
(7) Fire salvage and overhauling services and first aid.11
(8) Automotive or fire and police apparatus repairs, if such service is12
operated exclusively by and for the fire and police department.13
(9) Secretary to the chief and departmental records clerk.14
B. Notwithstanding any other provision of law to the contrary, the15
unclassified service shall also comprise any position of employment, the duties of16
which are included in the classified service as provided in R.S. 33:2541(A) and17
Subsection A of this Section, to which the right of employee selection, appointment,18
supervision, and discharge is vested in and with those other than the municipal,19
parish, or fire protection district government or an officer or employee thereof or a20
nonprofit corporation that has entered into a cooperative endeavor agreement with21
the municipality, parish, or fire protection district covered by this Part to provide fire22
protection services.23
* * *24
Section 2. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 HLS 10RS-2756 ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Billiot HB No. 1424
Abstract: Relative to the classified fire service, to make the provisions of such service
applicable to nonprofit corporations that enter into cooperative endeavor agreements
with municipalities, parishes, and fire protection districts to provide fire protection
services.
Present constitution creates a fire and police civil service system applicable to municipalities
of over 13,000 in population and parishes and fire protection districts. Provides that the
system is subject to Art. XIV, §15.1 of the 1921 Constitution of La. made statutory by the
1974 Constitution of La. Present law creates and provides for two fire and police civil
service systems: (1) one applicable to any municipality which operates paid police and fire
departments and which has a population of not fewer than 13,000 persons; and (2) one
applicable to any parish, fire protection district, or municipality with a population of fewer
than 13,000, but not fewer than 7,000 persons. Present constitution authorizes modifications
to such systems (by law adopted by a 2/3 vote of each house of the legislature in the case of
provisions of Art. XIV, §15.1 of the 1921 Constitution of La. made statutory by the La.
Constitution of 1974) but prohibits the legislature from abolishing the system or making it
inapplicable to covered jurisdictions.
Proposed law retains present constitution and present law. Proposed law additionally
provides that the classified fire service shall be applicable to a nonprofit corporation that has
entered into a cooperative endeavor agreement with any municipality, parish, or fire
protection district to which present law applies to provide fire protection services.
Present law provides that 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)Firefighting.
(3)Fire prevention; inspection.
(4)Driving, tillering, and operation of fire apparatus.
(5)Operations and maintenance of radio, fire alarm, or signal system.
(6)Fire department instructors in employee training.
(7)Fire salvage and overhauling services, first aid, advanced life support, and
emergency medical services.
(8)Automotive or fire apparatus repairs, if such service is operated exclusively by and
for either or both the fire or police department. HLS 10RS-2756 ORIGINAL
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(9)Secretary to the chief. Departmental records clerk.
(POLICE)
(1)The chief and assistant chiefs; the intradepartmental division, bureau, squad, platoon,
and company officers of the police department.
(2)Law enforcement.
(3)Crime prevention; identification; inspection; and investigation.
(4)Police headquarters desk service; jailer and police matron.
(5)Operations and maintenance of radio, police alarm, or signal system.
(6)Police department instructors in employee training.
(7)Police control of traffic (vehicular and pedestrian).
(8)Automotive or police apparatus repairs, if such service is operated exclusively by
and for either or both the police or fire department.
(9)Secretary to the chief. Department records clerk.
Proposed law retains present law and additionally provides that the classified fire service
shall also comprise every position, except those included in the unclassified service, to
which the right of employee selection, appointment, supervision, and discharge is vested in
a nonprofit corporation that has entered into a cooperative endeavor agreement with any
municipality, parish, or fire protection district covered by present law, or with an officer or
employee thereof to provide fire protection services and which has as its primary duty and
responsibility (1) through (9) above in the fire service.
Present law additionally provides relative to the persons and positions comprising the
unclassified service including but not limited to officers elected by popular vote, persons
appointed to fill vacancies in elective offices, and 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,
parish, or fire protection district government or an officer or employee thereof.
Proposed law retains present law and additionally provides that the unclassified service shall
comprise 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 any other than the city, parish, or fire protection district
or a nonprofit corporation that has entered into a cooperative endeavor agreement with the
municipality, parish, or fire protection district covered by present law to provide fire
protection services.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:2471 and 2531; Adds R.S. 33:2481.4 and 2541.1)