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Regular Session, 2012
HOUSE BILL NO. 801
BY REPRESENTATIVE MONTOUCET
CIVIL SERVICE/FIRE & POL: Provides relative to the reemployment of employees who
have resigned or retired from the classified service due to injury
AN ACT1
To enact R.S. 33:2490(E) and 2550(E), relative to the municipal fire and police civil service;2
to provide relative to employees who have resigned or retired from the classified3
service due to injury; to provide that any such employee may be reemployed at any4
time after his resignation or retirement; to provide relative to the position and class5
to which he may be reemployed; to provide relative to the qualifications and6
seniority of any such employee; to provide limitations; and to provide for related7
matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 33:2490(E) and 2550(E) are hereby enacted to read as follows: 10
§2490. Reinstatement and reemployment 11
* * *12
E. Any regular employee who resigns or retires from a position in the13
classified service may, with the prior approval of the board, be reemployed in a14
position of the class in which he was employed immediately preceding his15
resignation or retirement or in a position in any lower class. Any such employee16
may be reemployed at any time after his resignation or retirement, but he shall be17
qualified for the position to which he is reemployed. In addition, the employee shall18
be reemployed with the seniority accumulated to the date of his resignation or19
retirement; however, a regular employee shall be reemployed as provided in this20 HB NO. 801
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Subsection only if his resignation or retirement occurred as a result of the employee1
being unable to perform the essential functions of his job upon sustaining any injury2
that is compensable pursuant to the provisions of Chapter 10 of Title 23 of the3
Louisiana Revised Statutes of 1950.4
* * *5
§2550. Reinstatement and reemployment6
* * *7
E. Any regular employee who resigns or retires from a position in the8
classified service may, with the prior approval of the board, be reemployed in a9
position of the class in which he was employed immediately preceding his10
resignation or retirement or in a position in any lower class. Any such employee11
may be reemployed at any time after his resignation or retirement, but he shall be12
qualified for the position to which he is reemployed. In addition, the employee shall13
be reemployed with the seniority accumulated to the date of his resignation or14
retirement; however, a regular employee shall be reemployed as provided in this15
Subsection only if his resignation or retirement occurred as a result of the employee16
being unable to perform the essential functions of his job upon sustaining any injury17
that is compensable pursuant to the provisions of Chapter 10 of Title 23 of the18
Louisiana Revised Statutes of 1950.19
Section 2. This Act shall become effective upon signature by the governor or, if not20
signed by the governor, upon expiration of the time for bills to become law without signature21
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If22
vetoed by the governor and subsequently approved by the legislature, this Act shall become23
effective on the day following such approval.24 HB NO. 801
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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. 801
Abstract: Relative to employees who resign or retire from a position in the classified
service due to injury, provides that any such employee may be reemployed at any
time following his resignation or retirement.
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 made statutory by the 1974
constitution. 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 of each house of the legislature in the case of provisions of Art. XIV,
§15.1 of the 1921 constitution made statutory by the constitution of 1974) but prohibits the
legislature from abolishing the system or making it inapplicable to covered jurisdictions.
Present law retains present constitution and present law.
Present law, relative to both systems, provides that a municipal fire and police civil service
board is created in the municipal and parish government as well as certain fire protection
districts. Provides that the board shall be composed of five members who are required to
serve without compensation.
Present law provides that the classified service shall comprise every position, except those
in the unclassified service to which the right of employee selection, appointment,
supervision, and discharge is vested in the municipal government. Provides further with
respect to which positions are in the classified and unclassified service and provides with
respect to classification plans, allocation of positions, employment lists, and tests.
Proposed law retains present law.
Present law provides that any regular employee who resigns from a position in the classified
service may, with the prior approval of the board, be reemployed in a position of the class
or in a position of any lower class for which he is qualified. Requires that reemployment
be made within four years of the date of resignation. Provides that any such person may be
reemployed provided that no person whose name appears upon either the reinstatement,
promotional employment, or reemployment list for a class to which the person is reemployed
is willing to accept an appointment. Requires that any person who is reemployed, after a
recent examination by a practicing physician, be physically fit to perform the duties of the
position to which he is appointed as certified by a favorable medical certificate to the
appointing authority and the board.
Proposed law retains present law and additionally provides that any regular employee who
resigns or retires from a position in the classified service upon sustaining an injury
compensable under present law (worker's compensation), may, with the prior approval of
the board, be reemployed in a position of the class in which he was employed immediately
preceding his resignation or retirement or in a position in any lower class. Provides that the
employee may be reemployed at any time after his resignation or retirement but requires that
he be qualified for the position to which he is reemployed. Further requires that the HB NO. 801
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employee be reemployed with the seniority accumulated to the date of his resignation or
retirement.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:2490(E) and 2550(E))