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Regular Session, 2010
HOUSE BILL NO. 601
BY REPRESENTATIVE LEGER
CIVIL SERVICE/N. O.: (Constitutional Amendment) Provides relative to city civil service
A JOINT RESOLUTION1
Proposing to amend Article X, Sections 1(B), 4(A) and (C), 6(B), 14(A), and 15 of the2
Constitution of Louisiana, to provide relative to city civil service; to provide relative3
to a city civil service system, a city civil service commission, and a city civil service4
department in the city of New Orleans; to remove provision for a civil service5
system, commission, and department in municipalities of a certain size; to provide6
for the creation of a civil service system, commission, and department in any other7
city or parish which elects to be governed by the city civil service provisions of the8
Constitution of Louisiana; to provide for nomination and appointment to such city9
civil service commissions; to provide for submission of the proposed amendment to10
the electors; and to provide for related matters.11
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members12
elected to each house concurring, that there shall be submitted to the electors of the state of13
Louisiana, for their approval or rejection in the manner provided by law, a proposal to14
amend Article X, Sections 1(B), 4(A) and (C), 6(B), 14(A), and 15 of the Constitution of15
Louisiana, to read as follows:16
§1. Civil Service Systems 17
Section 1.18
* * *19
(B) City Civil Service. The city civil service is established and includes all20
persons holding offices and positions of trust or employment in the employ of each21
city having over four hundred thousand population and the city of New Orleans and22 HLS 10RS-1283 REENGROSSED
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in every instrumentality thereof and in any other city electing to be governed by this1
Part. However, paid firemen and municipal policemen may be excluded if a majority2
of the electors in the affected city voting at an election held for that purpose approve3
their exclusion. The election shall be called by the municipal governing authority4
within one year after the effective date of this constitution.5
* * *6
§4. City Civil Service Commission 7
Section 4.(A) Creation; Membership; Domicile. A city civil service8
commission shall exist in each city having a population exceeding four hundred9
thousand the city of New Orleans and in any other city electing to be governed by10
this Part. The domicile of each commission shall be in the city it serves. Each11
commission shall be composed of five members, who are electors of the city, three12
of whom shall constitute a quorum. The members shall serve overlapping terms of13
six years as hereinafter provided.14
* * *15
(C) Other Cities; Nomination and Appointment. In each other city subject16
to this Section Part, the presidents of any five institutions of higher education in the17
state, selected by the governing authority of the respective city, each shall nominate18
three persons, after giving consideration to representation of all groups. The19
municipal governing authority shall appoint one member of the commission from the20
three persons nominated by each.21
* * *22
§6. Department of Civil Service; Directors 23
Section 6.24
* * *25
(B) City Departments. A department of city civil service shall exist in each26
city having a population exceeding four hundred thousand the city of New Orleans27
and in any other city electing to be governed by this Part. 28
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§14. Acceptance of Act; Other Cities, Parishes, City and Parish Governed Jointly1
Section 14.(A) Local Option. Each city having a population exceeding ten2
thousand but not exceeding four hundred thousand, each parish, and each parish3
governed jointly with one or more cities under a plan of government, having a4
population exceeding ten thousand according to the latest official decennial federal5
census, may elect to be governed by this Part by a majority vote of its electors voting6
at an election held for that purpose. The election shall be ordered and held by the7
city, the parish, or the city-parish, as the case may be, upon (a) the adoption of an8
ordinance by the governing authority calling the election; or (b) the presentation to9
the governing authority of a petition calling for such an election signed by electors10
equal in number to five percent of the registered voters of the city, the parish, or the11
city-parish, as the case may be. 12
* * *13
§15. City, Parish Civil Service System; Creation; Prohibition 14
Section 15.(A) Nothing in this Part shall prevent the establishment by the15
legislature, or by the respective parish governing authority, of a parish civil service16
system in one or more parishes, applicable to any or all parish employees, except17
teaching and professional staffs and administrative officers of schools, or the18
establishment by the legislature or by the respective municipal governing authority19
of a municipal civil service system in one or more municipalities having a population20
of less than four hundred thousand, in any manner now or hereafter provided by law.21
However, paid firemen and paid municipal policemen in a municipality operating a22
regularly paid fire and police department and having a population exceeding thirteen23
thousand, and paid firemen in all parishes and in fire protection districts, are24
expressly excluded from such a civil service system. 25
(B) Nothing in this Part shall permit inclusion in the local civil service of26
officials and employees listed in Section 2 of this Article. 27
(C) No law enacted after the effective date of this constitution establishing28
a civil service system applicable to one or more parishes or to one or more29 HLS 10RS-1283 REENGROSSED
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municipalities having a population of less than four hundred thousand shall be1
effective in any parish or in any municipality until approved by ordinance adopted2
by the governing authority of the parish or municipality. 3
Section 2. Be it further resolved that this proposed amendment shall be submitted4
to the electors of the state of Louisiana at the statewide election to be held on November 2,5
2010.6
Section 3. Be it further resolved that on the official ballot to be used at said election7
there shall be printed a proposition, upon which the electors of the state shall be permitted8
to vote FOR or AGAINST, to amend the Constitution of Louisiana, which proposition shall9
read as follows:10
Makes city civil service system provisions of the Constitution of Louisiana11
applicable to the city of New Orleans specifically rather than to any12
municipality with a population of more than 400,000, and makes the same13
provisions applicable to any other city electing to be governed by the city14
civil service system. (Amends Article X, Sections 1(B), 4(A) and (C), 6(B),15
14(A), and 15)16
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)]
Leger HB No. 601
Abstract: Changes the applicability of city civil service provisions of the constitution from
cities with a population over 400,000 to New Orleans. Also preserves the right of
other cities in the state electing to be governed by these constitutional provisions.
Present constitution establishes the state civil service system and provides for its governance,
applicable employees, its duties, and its responsibilities. Present constitution further
provides that any city with a population over 10,000 persons and below 400,000 persons, and
any parish or any consolidated city-parish government may elect to be governed by the
provisions of the constitution relative to city civil service systems. Proposed constitutional
amendment retains present constitution.
Present constitution (Art. X, Part I, §1) establishes a city civil service system in "each city
having over four hundred thousand population" and in each instrumentality of such a city.
Proposed constitutional amendment changes this to the city of New Orleans, which is the
only city in the state to have a population over 400,000 persons according to the latest
federal decennial census. Per present constitution (Art. X, Part I, §14), proposed HLS 10RS-1283 REENGROSSED
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constitutional amendment further provides for the establishment of a city civil service
system in any other city electing to be governed by this Part in the Constitution.
Present constitution (Art. X, Part I, §4) creates city civil service commissions. Proposed
constitutional amendment retains present constitution. Present constitution creates a civil
service commission in "each city having a population exceeding four hundred thousand".
Proposed constitutional amendment names the city of New Orleans expressly, and provides
for the right of any other city opting to be governed by present constitution to have a city
civil service commission upon ratification by the voters, per present constitution.
Present constitution (Art. X, Part I, §6) creates a department of city civil service and
provides for its leadership. Proposed constitutional amendment preserves present
constitution. Present constitution provides for a department of city civil service in "each
city having a population exceeding four hundred thousand". Proposed constitutional
amendment names the city of New Orleans expressly, and provides for a department of city
civil service for any other city electing to be governed by present constitution.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 2, 2010.
(Amends Const. Art. X, §§1(B), 4(A) and (C), 6(B), 14(A), and 15)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the engrossed bill.
1. Added ballot language to reflect provisions authorizing other cities to elect to
participate in the city civil service system.