HLS 12RS-2254 ORIGINAL
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 1137
BY REPRESENTATIVE SCHRODER
CIVIL SERVICE/FIRE & POL: Provides relative to the filling of vacancies in certain
positions in the classified police service
AN ACT1
To amend and reenact R.S. 33:2494(A) and 2554(A) and to enact R.S. 33:2494.1 and2
2554.1, relative to the municipal fire and police civil service; to provide relative to3
vacancies in certain positions in the classified police service; to provide for the4
filling of such vacancies; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 33:2494(A) and 2554(A) are hereby amended and reenacted and R.S.7
33:2494.1 and 2554.1 are hereby enacted to read as follows: 8
§2494. Certification and appointment9
A. Whenever the appointing authority proposes to fill a vacancy in the10
classified service, except by demotion, transfer, emergency appointment, or by11
substitute employment not to exceed thirty days, or as provided in R.S. 33:2494.1,12
he shall request the board to certify names of persons eligible for appointment to the13
vacant position. The board shall thereupon certify in writing the names of eligible14
persons from the appropriate employment list, and the appointing authority shall, if15
he fills the vacancy, make the appointment as provided by this Section.16
* * *17 HLS 12RS-2254 ORIGINAL
HB NO. 1137
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§2494.1. Certification and appointment; certain vacancies in the classified police1
service 2
A. Whenever the appointing authority proposes to fill a vacancy in the3
classified police service for positions with the rank of sergeant, lieutenant, captain,4
major, or commander, the vacancy shall be filled on a competitive basis from a list5
of eligibles as provided in R.S. 33:2491(D). The right of selection and appointment6
for such positions shall be vested in the chief of police, as provided in this Section.7
and shall be subject to the approval of the appointing authority.8
B. The chief of police shall select and appoint a person with one of the five9
highest scores on the list of eligibles.10
* * *11
§2554. Certification and appointment12
A. Whenever the appointing authority proposes to fill a vacancy in the13
classified service, except by demotion, transfer, emergency appointment, or by14
substitute employment not to exceed thirty days, or as provided in R.S. 33:2554.1,15
he shall request the board to certify names of persons eligible for appointment to the16
vacant position. The board thereupon shall certify in writing the names of eligible17
persons from the appropriate employment list, and the appointing authority shall, if18
it fills the vacancy, make the appointment as provided by this Section.19
* * *20
§2554.1. Certification and appointment; certain vacancies in the classified police21
service22
A. Whenever the appointing authority proposes to fill a vacancy in the23
classified police service for positions with the rank of sergeant, lieutenant, captain,24
major, or commander, the vacancy shall be filled on a competitive basis from a list25
of eligibles as provided in R.S. 33:2551(4). The right of selection and appointment26
for any such position shall be vested in the chief of police, as provided in this27
Section, and shall be subject to the approval of the appointing authority.28 HLS 12RS-2254 ORIGINAL
HB NO. 1137
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. The chief of police shall select and appoint a person with one of the five1
highest scores on the list of eligibles.2
Section 2. This Act shall become effective upon signature by the governor or, if not3
signed by the governor, upon expiration of the time for bills to become law without signature4
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If5
vetoed by the governor and subsequently approved by the legislature, this Act shall become6
effective on the day following such approval.7
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)]
Schroder HB No. 1137
Abstract: Requires the appointing authority to select and appoint a person with one of the
five highest scores on the employment list to fill vacancies in certain positions in the
classified police service.
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.
Present law relative to both systems, establishes a municipal fire and police civil service
board in the municipal government composed of five members who serve without
compensation. Requires the board to establish and maintain employment lists containing
names of persons eligible for appointment to the various classes of positions in the classified
service.
Proposed law retains present law.
Present law requires the appointing authority, when he proposes to fill a vacancy in the
classified service, except by demotion, transfer, emergency appointment, or by substitute
employment not to exceed 30 days, to request the board to certify names of persons eligible
for appointment to the vacant position. Requires the board to certify in writing the names
of eligible persons from the appropriate employment list. Further requires the appointing
authority to make the appointment as provided in present law.
Proposed law retains present law but provides an exception for filling certain vacancies in
the classified police service. Requires the appointing authority, when he proposes to fill a
vacancy for positions with the rank of sergeant, lieutenant, captain, major, or commander, HLS 12RS-2254 ORIGINAL
HB NO. 1137
Page 4 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
to fill the vacancy on a competitive basis from a list of eligibles as provided in present law.
Provides that the right of selection and appointment for the positions will be vested in the
police chief and will be subject to approval of the appointing authority. Requires the police
chief to select and appoint a person with one of the five highest scores on the list of eligibles.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:2594(A) and 2554(A); Adds R.S. 33:2594.1 and 2554.1)