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Regular Session, 2010
SENATE BILL NO. 734
BY SENATOR MOUNT
LOCAL OFFICIALS. Provides that the deputy chief of police shall be in the unclassified
service. (gov sig)
AN ACT1
To enact R.S. 33:2481.4 and 2541.1, relative to the municipal police civil service; to provide2
that the position of deputy chief of police is in the unclassified service; to provide3
relative to the appointment, supervision, and discharge of any person in any such4
position; to provide relative to the qualifications, duties, and responsibilities for such5
position; to provide relative to resignation from the position and return to the6
classified police service; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 33:2481.4 and 2541.1 are hereby enacted to read as follows: 9
§2481.4. Deputy chief of police; unclassified service10
A. Notwithstanding any other provision of law to the contrary, the11
position of deputy chief of police is in the unclassified service, and the right of12
selection, appointment, supervision, and discharge for such position is vested in13
the chief of police. In addition, the chief of police shall establish the duties and14
responsibilities of the deputy chief of police. The position of deputy chief of15
police shall not include an assistant chief of police as provided in R.S.16
33:2481(A)(1).17 SB NO. 734
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B.(1) The deputy chief of police shall have not less than ten years of full1
time law enforcement experience and shall at least hold the rank of sergeant in2
the classified police service at the time of his appointment.3
(2)(a) Any person appointed to the position of deputy chief of police shall4
have received a passing score on the promotion test for the next highest class in5
the classified police service prior to his appointment as deputy chief of police.6
(b) Any person who holds the position of deputy chief of police shall be7
eligible for a promotion in a lower class of the classified police service while8
holding any such position.9
(3) The chief of police shall not appoint any person to the position of10
deputy chief of police who is not a member of the same department as the chief11
of police at the time of appointment.12
C. Any person who resigns from a position in the classified police service13
to serve as deputy chief of police shall not forfeit his seniority accumulated to14
the date of his resignation, and he shall continue to accumulate seniority during15
the time he holds the position of deputy chief of police. If any such person16
resigns from the position of deputy chief of police or is terminated for any17
reason other than malfeasance in office, he shall be eligible to be reemployed to18
a position in the classified police service which requires a rank not lower than19
the rank he held immediately preceding his resignation from the classified20
police service.21
* * *22
§2541.1. Deputy chief of police; unclassified service23
A. Notwithstanding any other provision of law to the contrary, the24
position of deputy chief of police is in the unclassified service, and the right of25
selection, appointment, supervision, and discharge for such position is vested in26
the chief of police. In addition, the chief of police shall establish the duties and27
responsibilities of the deputy chief of police. The position of deputy chief of28
police shall not include an assistant chief of police who is employed in the29 SB NO. 734
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classified police service pursuant to this Part.1
B.(1) The deputy chief of police shall have not less than ten years of full2
time law enforcement experience and shall at least hold the rank of sergeant in3
the classified police service at the time of his appointment.4
(2)(a) Any person appointed to the position of deputy chief of police shall5
have received a passing score on the promotion test for the next highest class in6
the classified police service prior to his appointment as deputy chief of police.7
(b) Any person who holds the position of deputy chief of police shall be8
eligible for a promotion in a lower class of the classified police service while9
holding any such position.10
(3) The chief of police shall not appoint any person to the position of11
deputy chief of police who is not a member of the same department as the chief12
of police at the time of appointment.13
C. Any person who resigns from a position in the classified police service14
to serve as deputy chief of police shall not forfeit his seniority accumulated to15
the date of his resignation, and he shall continue to accumulate seniority during16
the time he holds the position of deputy chief of police. If any such person17
resigns from the position of deputy chief of police or is terminated for any18
reason other than malfeasance in office, he shall be eligible to be reemployed to19
a position in the classified police service which requires a rank not lower than20
the rank he held immediately preceding his resignation from the classified21
police service.22
* * *23
Section 2. The provisions of this Act shall not be construed to require any chief of24
police to create the position of deputy chief of police. In addition, the provisions of this Act25
shall not affect any person employed in the classified police service on the effective date of26
this Act who is in the second highest class in the classified police service at the rank of27
assistant chief of police, deputy chief of police, or similarly named second highest rank.28
Any such person shall continue to hold such rank and shall continue to be employed in the29 SB NO. 734
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classified police service on and after the effective date of this Act.1
Section 3. This Act shall become effective upon signature by the governor or, if not2
signed by the governor, upon expiration of the time for bills to become law without signature3
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If4
vetoed by the governor and subsequently approved by the legislature, this Act shall become5
effective on the day following such approval.6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Greg Waddell.
DIGEST
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.
Proposed law retains present law.
Proposed law provides that the position of deputy police chief shall be in the unclassified
service. Provides however, that the position of deputy police chief shall not include an
assistant chief of police as provided in present law. Further provides that the right of
selection, appointment, supervision, and discharge for the position is vested in the police
chief. Requires the police chief to provide for the duties and responsibilities of the deputy
police chief.
Proposed law requires the deputy police chief to have at least 10 years of full-time law
enforcement experience and to at least hold the rank of sergeant in the classified police
service at the time of his appointment. Further requires any person appointed to deputy
police chief to receive a passing score on the promotion test for the next highest class in the
classified police service prior to his appointment as deputy police chief.
Proposed law provides that a person who holds the position of deputy police chief shall be
eligible for a promotion in a lower class of the classified police service. Prohibits the chief
of police from appointing any person to the position of deputy chief of police who is not a
member of the same department as the chief of police at the time of appointment.
Proposed law provides that any person who resigns from a position in the classified police
service to serve as deputy police chief shall not forfeit his seniority accumulated to the date
of his resignation. Provides that such person shall accumulate seniority during the time he
is serving as deputy chief. Further provides that if any such person resigns from such
position or is terminated for any reason other than malfeasance in office, he shall be eligible
to be reemployed to a position in the classified police service which requires a rank not
lower than the rank he held immediately preceding his resignation from the classified police
service.
Proposed law provides that the provisions of proposed law shall not be construed to require
any police chief to create the position of deputy police chief. Additionally provides that the
provisions of proposed law shall not affect any person employed in the classified police
service on the effective date of proposed law who is in the second highest class in the
classified police service at the rank of assistant chief of police or deputy chief of police, or SB NO. 734
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similarly named second highest rank. Provides that any such person shall continue to hold
such rank and shall continue to be employed in the classified police service on and after the
effective date of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:2481.4 and 2541.1)