HLS 11RS-550 REENGROSSED
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Regular Session, 2011
HOUSE BILL NO. 92
BY REPRESENTATIVES TALBOT, ANDERS, ARMES, ARNOLD, AUSTIN BADON,
BOBBY BADON, BALDONE, BARRAS, BARROW, BISHOP, BROSSETT,
BURFORD, HENRY BURNS, BURRELL, CHAMPAGNE, CHANDLER,
CHANEY, CORTEZ, CROMER, DOERGE, DOVE, ELLINGTON, FANNIN,
GEYMANN, GISCLAIR, GUILLORY, HARDY, HARRISON, HAZEL,
HENDERSON, HENRY, HENSGENS, HI LL, HOFFMANN, HONORE,
HOWARD, HUTTER, HUVAL, MICHAEL JACKSON, JOHNSON, ROSALIND
JONES, SAM JONES, KATZ, KLECKLEY, LANDRY, LEBAS, LEGER, LIGI,
LITTLE, LORUSSO, MCVEA, MONICA, MONTOUCET, MORENO, MORRIS,
NORTON, NOWLIN, PONTI, POPE, PUGH, RICHARD, RICHARDSON,
RITCHIE, ROBIDEAUX, SIMON, SMILEY, GARY SMITH, JANE SMITH,
STIAES, THIBAUT, THIERRY, WILLIAMS, AND WILLMOTT
CIVIL SERVICE/FIRE & POL: Provides relative to the position of assistant chief of police
in the city of Harahan
AN ACT1
To amend and reenact R.S. 33:423.2 and to enact R.S. 33:2570, relative to the city of2
Harahan; to provide that the position of assistant chief of police is in the unclassified3
service; to provide relative to the duties of the assistant chief of police; and to4
provide for related matters.5
Notice of intention to introduce this Act has been published6
as provided by Article III, Section 13 of the Constitution of7
Louisiana.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 33:423.2 is hereby amended and reenacted and R.S. 33:2570 is10
hereby enacted to read as follows: 11
§423.2. City of Harahan; appointment and discharge of police personnel by chief of12
police; assistant chief of police13
A. Notwithstanding the provisions of R.S. 33:402(4) or R.S. 33:423 or any14
other provision of law to the contrary, in and for the city of Harahan, the chief of15
police shall appoint and discharge police personnel subject to the budgetary16 HLS 11RS-550 REENGROSSED
HB NO. 92
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limitations of the mayor and board of aldermen pertaining to the number of allotted1
positions for the police department.2
B. The duties of the assistant chief of police shall be determined by the chief3
of police, and the assistant chief of police shall act as chief in the administration of4
the police department in the absence of the chief.5
* * *6
§2570. City of Harahan; assistant chief of police7
A. Notwithstanding the provisions of R.S. 33:2541 or any other provision8
of law to the contrary, the position of assistant chief of police of Harahan is in the9
unclassified service. The right of selection, appointment, supervision, and discharge10
for the position is vested in the chief of police of the city.11
B.(1) Any person who is appointed from a position in the classified police12
service to serve as assistant chief of police shall not forfeit his seniority accumulated13
to the date of his appointment, and he shall continue to accumulate seniority in14
accordance with the provisions of this Part during the time he holds the position of15
assistant chief of police. The assistant chief of police shall serve indefinitely in the16
classified competitive position and shall be evaluated every three years by the chief17
of police. After each evaluation by the chief of police, the chief may reconfirm the18
assistant chief for another three-year period, or may, at his discretion, demote the19
assistant chief to his former class of position.20
(2) If any such person is demoted as the result of such evaluation, or21
otherwise vacates the position on the approval of the chief of police, he shall be22
demoted to a position in the class he held immediately preceding his appointment as23
assistant chief of police. If an assistant chief of police is subjected to corrective or24
disciplinary action, he shall have the same rights as any other employee in the25
municipal fire and police civil service.26 HLS 11RS-550 REENGROSSED
HB NO. 92
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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)]
Talbot HB No. 92
Abstract: Provides relative to the position of assistant police chief of Harahan.
Present law (R.S. 33:423) requires the police chief of a municipality to make
recommendations to the mayor and board of aldermen for the appointment, promotion, and
dismissal of police personnel and to effect disciplinary action. Present law (R.S. 33:423.2)
provides that in Harahan, the police chief appoints and discharges police personnel subject
to budgetary limitations of the mayor and board of aldermen.
Proposed law retains present law and further provides that the duties of the assistant chief
of police shall be determined by the police chief and that the assistant chief shall act as chief
in the administration of the police department in the chief's absence.
Present law (R.S. 33:2531 et seq.) establishes a civil service system applicable to police
departments in cities with a population of 7,000-13,000 persons (including Harahan).
Specifies which positions in such a department are part of the unclassified service and,
therefore, are not subject to system requirements, such as competitive examinations for
employment and promotion. Proposed law retains present law.
Present law (R.S. 33:2541) generally provides that any person with law enforcement
responsibilities, except an elected police chief, is in the classified service. Proposed law
retains present law except provides that the position of assistant police chief of Harahan is
in the unclassified service. Further provides that the right of selection, appointment,
supervision, and discharge for such position is vested in the police chief.
Relative to a person who is appointed from a position in the classified police service to serve
as deputy chief of police, proposed law provides as follows:
(1)He shall not forfeit his seniority accumulated to the date of his appointment;
(2)He shall continue to accumulate seniority during the time he holds such position;
(3)He shall serve indefinitely in the classified competitive position; and
(4)He shall be evaluated every three years by the police chief.
Provides that after each such evaluation, the chief may reconfirm the deputy chief for
another three year period, or at his discretion, demote him to his former class of position.
Provides that if he is demoted or otherwise vacates the position on the approval of the chief,
he shall be demoted to a position in the class he held immediately preceding his appointment
as deputy chief. Provides that if he is subjected to corrective or disciplinary action, he shall
have the same rights as any other employee in the municipal fire and police civil service.
(Amends R.S. 33:423.2; Adds R.S. 33:2570) HLS 11RS-550 REENGROSSED
HB NO. 92
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Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Adds provisions relative to seniority accumulated by a person prior to and while
serving as deputy police chief.
2. Adds that the deputy police chief shall be evaluated every three years and
authorizes the chief to reconfirm the deputy chief or demote him.
3. Adds, if the deputy police chief is demoted or otherwise vacates the position on
approval of the chief of police, that he shall be demoted to a position in the class
he held immediately preceding his appointment as deputy chief of police.
4. Grants the deputy police chief the same rights as any other employee in the
municipal fire and police civil service if he is subjected to corrective or
disciplinary action.