HLS 10RS-1292 ORIGINAL
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are additions.
Regular Session, 2010
HOUSE BILL NO. 381
BY REPRESENTATIVE MONTOUCET
CIVIL SERVICE/FIRE & POL: Provides relative to the political activities of employees
of the municipal fire and police civil service
AN ACT1
To amend and reenact R.S. 33:2504 and 2564, relative to municipal fire and police civil2
service; to authorize the employees of such service to participate in certain political3
activities; to provide limitations; to prohibit certain efforts to influence the political4
activity of such employees; to provide penalties for violations; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 33:2504 and 2564 are hereby amended and reenacted to read as8
follows:9
§2504. Political activities prohibited 10
A. Political activities by and extending to employees of the classified service11
are hereby prohibited as follows:12
(1) No person shall seek or attempt to use any political endorsement in13
connection with any appointment to a position in the classified service.14
(2) No person shall use or promise to use, directly or indirectly, any official15
authority or influence, whether possessed or anticipated, to secure or attempt to16
secure for any person an appointment or advantage in appointment to a position in17
the classified service, or an increase in pay or other advantage in employment in any18
such position, for the purpose of influencing the vote or political action of any19
person, or for any consideration.20 HLS 10RS-1292 ORIGINAL
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(3) No employee in the classified service shall, directly or indirectly, pay,1
or promise to pay, any assessment, subscription, or contribution for any political2
organization or purpose, or solicit or take part in soliciting any such assessment,3
subscription, or contribution. No person shall solicit any such assessment,4
subscription, or contribution of any employee in classified service. The prohibitions5
of this Sub-section shall not be construed as applying to membership dues paid, or6
contributions made, to non-political employee organizations, pension funds, civic7
enterprises, the Louisiana Civil Service League or any similar non-political and non-8
partisan organization.9
(4) No employee in the classified service shall (a) be a member of any10
national, state, or local committee of a political party, (b) be an officer or member11
of a committee of any factional, political club or organization, (c) be a candidate for12
nomination or election to public office, (d) make any political speech or public13
political statement in behalf of any candidate seeking to be elected to public office,14
or (e) take any part in the management or affairs of any political party or in the15
political campaign of any candidate for public office, except to privately express his16
opinion and to cast his vote.17
(5) No person elected to public office shall, while serving in the elective18
office, be appointed to or hold any position in the classified service.19
(6) No appointing authority, or agent or deputy thereof, shall directly or20
indirectly, demote, suspend, discharge, or otherwise discipline, or threaten to demote,21
suspend, discharge or otherwise discipline, or discriminate against any person in the22
classified service for the purpose of influencing his vote, support, or other political23
activity in any election or primary election. No appointing authority, or agent or24
deputy thereof, shall use his official authority or influence, by threats, promises or25
other means, directly or indirectly, to coerce the political action of any employee in26
the classified service.27
B. The appointing authority shall discharge from the service any employee28
whom he deems guilty of violating any one or more of the provisions of this Section.29 HLS 10RS-1292 ORIGINAL
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The board may, upon its own initiative, investigate any officer or employee in the1
classified service whom it reasonably believes guilty of violating any one or more2
of the provisions. Any citizen, taxpayer, municipal officer, or employee may file3
with the board detailed charges in writing against any employee in the classified4
service for violating any one or more of the provisions of this Section. The board5
shall, within thirty days after receiving the written charges, hold a public hearing and6
investigation and determine whether such charges are true and correct. If the board7
should find upon its investigation of any employee that he has violated any of the8
foregoing provisions, the board shall order the appointing authority to forthwith9
discharge the guilty employee from the service and the appointing authority shall10
forthwith discharge the employee.11
C. Whoever violates this Section shall be subject to the penalties provided12
in R.S. 33:2507. In addition any employee in the classified service who is13
discharged because of violating a foregoing provision shall not again be eligible for14
employment or public office in the classified service for a period of six years from15
the time of his discharge.16
A.(1) Notwithstanding the provisions of any state, parish, municipal, or other17
local law or charter to the contrary, any employee of the classified service may be18
a candidate for nomination or election to public office if he meets applicable19
qualifications. Any such employee may also participate in political activities by20
supporting or opposing political parties, political candidates, and petitions to21
governmental entities.22
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection,23
unless otherwise authorized by state, parish, municipal, or other local law or charter,24
no employee of the classified service shall be a member of the municipal governing25
authority or mayor in the municipality that employs him pursuant to this Part.26
B. No appointing authority, or agent or deputy thereof, shall, directly or27
indirectly, demote, suspend, discharge, or otherwise discipline or discriminate28
against any employee in the classified service for the purpose of influencing his vote,29 HLS 10RS-1292 ORIGINAL
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support, or other political activity in any election. No appointing authority, or agent1
or deputy thereof, shall use his official authority or influence, by threats, promises,2
or other means, directly or indirectly, to coerce the political action of any employee3
in the classified service.4
C. Any person who violates the provisions of this Section shall be guilty of5
a misdemeanor and, upon conviction thereof, is subject to a fine not to exceed five6
hundred dollars or imprisonment not to exceed six months.7
* * *8
§2564. Political activities prohibited9
A. Political activities by and extending to employees of the classified service10
are hereby prohibited as follows11
(1) No person shall seek or attempt to use any political endorsement, in12
connection with any appointment to a position in the classified service.13
(2) No person shall use or promise to use directly or indirectly, any official14
authority or influence, whether possessed or anticipated, to secure or attempt to15
secure for any person an appointment or advantage in appointment to a position in16
the classified service, or an increase in pay or other advantage in employment in any17
such position, for the purpose of influencing the vote or political action of any18
person, or for any consideration.19
(3) No employee in the classified service shall, directly or indirectly, pay or20
promise to pay any assessment, subscription, or contribution for any political21
organization or purpose, or solicit or take part in soliciting any such assessment,22
subscription, or contribution. No person shall solicit any such assessment,23
subscription or contribution of any employee in the classified service. The24
prohibitions of this paragraph (3) shall not be construed as applying to membership25
dues paid or contributions made to non-political employee organizations, pension26
funds, civic enterprises, the Louisiana Civil Service League or any similar non-27
political and non-partisan organization.28 HLS 10RS-1292 ORIGINAL
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(4) No employee in the classified service shall (a) be a member of any1
national, state, or local committee of a political party, (b) be an officer or member2
of a committee of any factional or political club or organization, (c) be a candidate3
for nomination or election to public office, (d) make any political speech or public4
political statement in behalf of any candidate seeking to be elected to public office,5
or (e) take any part in the management or affairs of any political party or in the6
political campaign of any candidate for public office, except to privately express his7
opinion and to cast his vote.8
(5) No person elected to public office shall, while serving in the elective9
office, be appointed to or hold any position in the classified service.10
(6) No appointing authority, or agent or deputy thereof, shall directly or11
indirectly, demote, suspend, discharge or otherwise discipline or discriminate against12
any person in the classified service for the purpose of influencing his vote, support,13
or other political activity in any election or primary election. No appointing14
authority, or agent or deputy thereof, shall use his official authority or influence, by15
threats, promises or other means, directly or indirectly to coerce the political action16
of any employee in the classified service.17
B. The appointing authority shall discharge from the service any employee18
whom it deems guilty of violating any one or more of the provisions to this Part. The19
board may, upon its own initiative, investigate any officer or employee in the20
classified service whom it reasonably believes guilty of violating any one or more21
of the provisions of this Part. The board shall, within thirty days after receiving the22
written charges, hold a public hearing and investigation and determine whether such23
charges are true and correct. If the board should find upon its investigation of any24
employee that he has violated any of the foregoing provisions, the board shall order25
the appointing authority to forthwith discharge the guilty employee from the service26
and the appointing authority shall forthwith discharge the employee.27
C. Whoever violates this Part shall be subject to the penalties provided in28
R.S. 33:2567. In addition any employee in the classified service who is discharged29 HLS 10RS-1292 ORIGINAL
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because of violating any of the foregoing provisions shall not again be eligible for1
employment or public office in the classified service for a period of six years from2
the time of his discharge.3
A.(1) Notwithstanding the provisions of any state, parish, municipal, or other4
local law or charter to the contrary, any employee of the classified service may be5
a candidate for nomination or election to public office if he meets applicable6
qualifications. Any such employee may also participate in political activities by7
supporting or opposing political parties, political candidates, and petitions to8
governmental entities.9
(2) Notwithstanding the provisions of Paragraph (1) of this Subsection,10
unless otherwise authorized by state, parish, municipal, or other local law or charter,11
no employee of the classified service shall be a member of the parish governing12
authority or parish president in the parish that employs him pursuant to this Part or13
a member of the municipal governing authority or mayor in the municipality that14
employs him pursuant to this Part.15
B. No appointing authority, or agent or deputy thereof, shall, directly or16
indirectly, demote, suspend, discharge, or otherwise discipline or discriminate17
against any employee in the classified service for the purpose of influencing his vote,18
support, or other political activity in any election. No appointing authority, or agent19
or deputy thereof, shall use his official authority or influence, by threats, promises,20
or other means, directly or indirectly, to coerce the political action of any employee21
in the classified service.22
C. Any person who violates the provisions of this Section shall be guilty of23
a misdemeanor and, upon conviction thereof, is subject to a fine not to exceed five24
hundred dollars or imprisonment not to exceed six months.25
Section 2. This Act shall take effect and become operative if and when the proposed26
amendment of Article X of the Constitution of Louisiana contained in the Act which27
originated as House Bill No. of this 2010 Regular Session of the Legislature is28
adopted at the statewide election to be held in 2010 and becomes effective.29 HLS 10RS-1292 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)]
Montoucet HB No. 381
Abstract: Authorizes employees of the classified fire and police civil service to participate
in certain political activities.
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 Const. of La. made statutory by the 1974
Const. 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 2/3 vote of each house of the legislature in the case of provisions of Art.
XIV, §15.1 of the 1921 Const. of La. made statutory by the Const. 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.
Present law, relative to both systems, provides that political activities by and extending to
employees of the classified service are 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 any official influence to secure for any person an 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 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.
(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 on behalf of any
candidate seeking to be elected to public office.
(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. HLS 10RS-1292 ORIGINAL
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(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.
Proposed law removes the provisions of present law and authorizes any employee of the
classified service to be a candidate for nomination or election to public office if he meets
applicable qualifications. Additionally authorizes any such employee to participate in
political activities by supporting or opposing political parties, political candidates, and
petitions to governmental entities.
Proposed law prohibits a employee of the classified service from being a member of the
municipal or parish governing authority or mayor or parish president in the parish or
municipality that employs him, unless otherwise authorized by state, parish, municipal, or
other local law or charter.
Present law provides that no appointing authority shall discipline or threaten to 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. Provides that no appointing
authority shall use his official influence to coerce the political action of any employee in the
classified service. Proposed law retains present law.
Present law requires the appointing authority to discharge from the service any employee
whom he deems guilty of violating present law. Authorizes the board to investigate any
officer or employee in the classified service whom it reasonably believes guilty of violating
any one or more of the provisions. Authorizes any citizen, taxpayer, municipal officer, or
employee to file with the board detailed charges in writing against any employee in the
classified service for violating any one or more of the provisions of present law. Requires
the board to hold a public hearing and investigation and determine whether such charges are
true and correct. Provides that if the board should find that an employee has violated present
law, the board shall order the appointing authority to discharge the guilty employee.
Proposed law deletes present law.
Present law provides that whoever violates the provisions of present law shall be fined not
more than $500 and shall, for a period of six years, be ineligible for appointment to or
employment in any position of the classified service. Proposed law removes provisions of
present law and provides that any person who violates proposed law shall be guilty of a
misdemeanor and is subject to a fine not to exceed $500 or imprisonment not to exceed six
months.
Effective if and when the proposed amendment of Art. X of the Const. of La. contained in
the Act which originated as House Bill No. of this 2010 R.S. is adopted at the
statewide election and becomes effective.
(Amends R.S. 33:2504 and 2564)