HLS 13RS-479 ENGROSSED Page 1 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2013 HOUSE BILL NO. 663 BY REPRESENTATIVE HARRIS Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. CIVIL SERVICE/FIRE & POL: Provides relative to certain employment lists established and maintained by the municipal fire and police civil service board and provides for the removal of employees during the working test period AN ACT1 To amend and reenact R.S. 33:2491(F), 2495, 2551(6), and 2555 and to enact R.S.2 33:2495.1.1 and 2555.1, relative to municipal fire and police civil service; to provide3 relative to certain employment lists established and maintained by municipal fire and4 police civil service boards; to provide relative to employees appointed from the lists5 to a working test period; to provide for the removal of certain employees during the6 working test period; to provide with respect to appeals of employees who are7 rejected after serving a certain period of time of the working test period; and to8 provide for related matters.9 Be it enacted by the Legislature of Louisiana:10 Section 1. R.S. 33:2491(F), 2495, 2551(6), and 2555 are hereby amended and11 reenacted and R.S. 33:2495.1.1 and 2555.1 are hereby enacted to read as follows:12 §2491. Establishment and maintenance of employment lists13 The board shall establish and maintain employment lists containing names14 of persons eligible for appointment to the various classes of positions in the15 classified service, as follows:16 * * *17 F.(1) The minimum and maximum period for which a name may remain18 upon a promotional and a competitive employment list established and maintained19 HLS 13RS-479 ENGROSSED HB NO. 663 Page 2 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. by the board for any of the various classes of positions in the classified fire and1 police service shall be twelve and eighteen months, respectively, for each list.2 (2)(a) Notwithstanding any provision of law to the contrary, the minimum3 and maximum period for which a name may remain upon a promotional employment4 list established and maintained by the board for any of the various classes of5 positions in the classified fire and police service shall be twelve and forty-eight6 months, respectively, for each list.7 (b) Except as provided in R.S. 33:2491.4(D), the provisions of this Paragraph8 shall apply to any promotional employment list established and maintained by the9 board pursuant to this Part for any of the various classes of positions in the classified10 fire and police service containing the names of eligible persons on and after the11 effective date of this Subsection.12 * * *13 §2495. Working tests14 A. Every person appointed to a position in the classified service following15 the certification of his name from a promotional or a competitive employment list,16 except as provided in R.S. 33:2495.1.1 and except those appointed on a temporary17 basis, shall be reported to the board as a probational employee within fifteen days of18 his appointment. The probational employee shall be tested by a working test while19 occupying the position before he may be confirmed as a regular and permanent20 employee in the position.21 B.(1)(a) Except as provided in Paragraphs (2) and (3) of this Subsection R.S.22 33:2495.1.1, the period of the working test shall commence immediately upon23 appointment and shall continue for a period of not less than six months nor more24 than one year.25 (2)(a) Any probational employee in the classified fire service, except an26 entry level fireman and an entry level radio, fire alarm, or signal system operator,27 who has served less than six months of his working test for any given position may28 HLS 13RS-479 ENGROSSED HB NO. 663 Page 3 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. be removed therefrom only with the prior approval of the board, and only upon one1 of the following grounds:2 (i) He is unable or unwilling to perform satisfactorily the duties of the3 position to which he has been appointed.4 (ii) His habits and dependability do not merit his continuance therein.5 (b) Any such probational employee in the classified fire service may appear6 before the board and present his case before he is removed.7 (c) Any such probational employee in the classified fire service who is8 rejected after having served a working test of six months but not more than one year,9 may appeal to the board only upon the grounds that he has not been given a fair10 opportunity to prove his ability in the position.11 (3)(a) Any probational employee in a position of a competitive class of the12 classified police service, except an entry level police officer, and an entry level radio,13 police alarm, or signal system operator, who has served less than six months of his14 working test for any given position may be removed therefrom only with the prior15 approval of the board. Any probational employee in a position of a promotional16 class of the classified police service, who has served less than three months of his17 working test for any given position may be removed therefrom only with the prior18 approval of the board. Any such probational employee may be removed only upon19 one of the following grounds:20 (i) He is unable or unwilling to perform satisfactorily the duties of the21 position to which he has been appointed.22 (ii) His habits and dependability do not merit his continuance therein.23 (b) Any such probational employee in the classified police service may24 appear before the board and present his case before he is removed.25 (c) Any such probational employee in the classified police service appointed26 to a position of a competitive class who is rejected after having served a working test27 of six months but not more than one year, may appeal to the board only upon the28 HLS 13RS-479 ENGROSSED HB NO. 663 Page 4 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. grounds that he has not been given a fair opportunity to prove his ability in the1 position.2 (d) Any such probational employee in the classified police service appointed3 to a position of a promotional class who is rejected after having served a working test4 of three months but not more than one year, may appeal to the board only upon the5 grounds that he has not been given a fair opportunity to prove his ability in the6 position.7 (2)(a) Each person selected for appointment to an entry level position in the8 classified service from the competitive firefighter, firefighter/operator, or police9 officer employment list who has demonstrated successful completion of formal10 training as provided in Subparagraph (c) of this Paragraph prior to such appointment11 shall immediately begin the working test.12 (b)(i) Any person selected for appointment to an entry level position in the13 classified service from the competitive firefighter, firefighter/operator, or police14 officer employment list who has not demonstrated successful completion of formal15 training as provided in Subparagraph (c) of this Paragraph prior to such appointment16 shall be employed by the appointing authority and reported to the board as a recruit17 and, whenever practical or possible, shall immediately begin such formal training.18 The formal training shall be provided for through the appointing authority, and the19 period for such formal training shall be for the duration of not more than six months20 from the date of appointment. The formal training period shall conclude six months21 from the date of original appointment or upon the successful completion of the22 formal training, whichever occurs first, at which time the working test shall23 commence. The appointing authority shall, within fifteen days, advise the board of24 the appointment of the recruit as a probational firefighter, probational25 firefighter/operator, or probational police officer as the case may be.26 (ii) Nothing in this Paragraph shall be construed to require that a newly27 appointed firefighter, firefighter/operator, or police officer be terminated should he28 HLS 13RS-479 ENGROSSED HB NO. 663 Page 5 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. fail to enroll in or complete formal training within the six-month formal training1 period.2 (c)(i) Successful completion of formal training as required by this Paragraph3 for a position in the classification of firefighter or firefighter/operator shall be4 demonstrated by certification as Firefighter I in accordance with National Fire5 Protection Association Standard 1001.6 (ii) Successful completion of formal training as required by this Paragraph7 for a position in the classification of police officer shall be demonstrated by8 certification from a peace officer standards and training accredited training program9 as provided by R.S. 40:2405(A).10 (3)(a) Notwithstanding any other provision of law to the contrary, each11 person selected for appointment to an entry level position in the classified service12 from the competitive Fire Communications Officer (I) employment list in the city13 of Shreveport who has demonstrated successful completion of formal training as14 provided in Subparagraph (c) of this Paragraph prior to such appointment shall15 immediately begin the working test.16 (b)(i) Any person selected for appointment to an entry level position in the17 classified service from the competitive Fire Communications Officer (I) employment18 list in the city of Shreveport who has not demonstrated successful completion of19 formal training as provided in Subparagraph (c) of this Paragraph prior to such20 appointment shall be employed by the appointing authority and reported to the board21 as a recruit and, whenever practical or possible, shall immediately begin such formal22 training. The formal training shall be provided for through the appointing authority,23 and the period for such formal training shall be for the duration of not more than six24 months from the date of appointment. The formal training period shall conclude six25 months from the date of original appointment or upon the successful completion of26 the formal training, whichever occurs first, at which time the working test shall27 commence. The appointing authority shall, within fifteen days, advise the board of28 the appointment of the recruit as a probational Fire Communications Officer (I).29 HLS 13RS-479 ENGROSSED HB NO. 663 Page 6 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (ii) Nothing in this Paragraph shall be construed to require that a newly1 appointed Fire Communications Officer (I) be terminated should he fail to enroll in2 or complete formal training within the six-month formal training period.3 (c) Successful completion of formal training as required by this Paragraph4 for a position in the classification of Fire Communications Officer (I) shall be5 demonstrated by certification as Telecommunicator in accordance with National Fire6 Protection Association Standards 1061 and 1221.7 C. Upon any employee completing his working test, the appointing authority8 shall so advise the board and furnish a signed statement to the respective employee9 of its confirmation and acceptance of the employee as a regular and permanent10 employee in the respective position or of its refusal to confirm the employee and the11 reasons therefor. If, at the expiration of an employee's working test period, the12 appointing authority fails to confirm or reject the employee, such failure to act shall13 constitute a confirmation. Any employee who is rejected after serving a working test14 of six months but not more than one year may appeal to the board only upon the15 grounds that he was not given a fair opportunity to prove his ability in the position.16 D. The appointing authority may remove, and shall remove upon the order17 of the board, any employee during his working test period who the board finds, after18 giving him notice and an opportunity to be heard, was appointed as a result of an19 error, misrepresentation, or fraud.20 E. In any event where an employee is permitted under this Section to appeal21 to the board, the decision of the board shall be subject to the judicial review provided22 by this Part and the appointing authority and employee shall be governed23 accordingly.24 * * *25 §2495.1.1. Recruit and recruit period26 A.(1) Each person selected for appointment to an entry level position in the27 classified service from the competitive firefighter, firefighter/operator, or police28 officer employment list who has demonstrated successful completion of formal29 HLS 13RS-479 ENGROSSED HB NO. 663 Page 7 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. training as provided in Paragraph (4) of this Subsection prior to such appointment1 shall immediately begin the working test.2 (2)(a) Any person selected for appointment to an entry level position in the3 classified service from the competitive firefighter, firefighter/operator, or police4 officer employment list who has not demonstrated successful completion of formal5 training as provided in Paragraph (4) of this Subsection prior to such appointment6 shall be employed by the appointing authority and reported to the board as a recruit7 and, whenever practical or possible, shall immediately begin such formal training.8 (b) The formal training shall be provided for through the appointing9 authority, and the period for such formal training shall be for the duration of not10 more than six months from the date of appointment. The formal training period shall11 conclude six months from the date of original appointment or upon the successful12 completion of the formal training, whichever occurs first, at which time the working13 test shall commence.14 (c) The appointing authority shall, within fifteen days, advise the board of15 the appointment of the recruit as a probational firefighter, probational16 firefighter/operator, or probational police officer as the case may be.17 (3) Nothing in this Subsection shall be construed to require that a newly18 appointed firefighter, firefighter/operator, or police officer be terminated should he19 fail to enroll in or complete formal training within the six-month formal training20 period.21 (4)(a) Successful completion of formal training as required by this22 Subsection for a position in the classification of firefighter or firefighter/operator23 shall be demonstrated by certification as Firefighter I in accordance with National24 Fire Protection Association Standard 1001.25 (b) Successful completion of formal training as required by this Subsection26 for a position in the classification of police officer shall be demonstrated by27 certification from a peace officer standards and training accredited training program28 as provided by R.S. 40:2405(A).29 HLS 13RS-479 ENGROSSED HB NO. 663 Page 8 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. B.(1) Notwithstanding the provisions of Subsection A of this Section or any1 other provision of law to the contrary, each person selected for appointment to an2 entry level position in the classified service from the competitive Fire3 Communications Officer (I) employment list in the city of Shreveport who has4 demonstrated successful completion of formal training as provided in Paragraph (4)5 of this Subsection prior to such appointment shall immediately begin the working6 test.7 (2)(a) Notwithstanding the provisions of Subsection A of this Section or any8 other provision of law to the contrary, any person selected for appointment to an9 entry level position in the classified service from the competitive Fire10 Communications Officer (I) employment list in the city of Shreveport who has not11 demonstrated successful completion of formal training as provided in Paragraph (4)12 of this Subsection prior to such appointment shall be employed by the appointing13 authority and reported to the board as a recruit and, whenever practical or possible,14 shall immediately begin such formal training.15 (b) The formal training shall be provided for through the appointing16 authority, and the period for such formal training shall be for the duration of not17 more than six months from the date of appointment. The formal training period shall18 conclude six months from the date of original appointment or upon the successful19 completion of the formal training, whichever occurs first, at which time the working20 test shall commence.21 (c) The appointing authority shall, within fifteen days, advise the board of22 the appointment of the recruit as a probational Fire Communications Officer (I).23 (3) Nothing in this Subsection shall be construed to require that a newly24 appointed Fire Communications Officer (I) be terminated should he fail to enroll in25 or complete formal training within the six-month formal training period.26 (4) Successful completion of formal training as required by this Subsection27 for a position in the classification of Fire Communications Officer (I) shall be28 HLS 13RS-479 ENGROSSED HB NO. 663 Page 9 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. demonstrated by certification as Telecommunicator in accordance with National Fire1 Protection Association Standards 1061 and 1221.2 * * *3 §2551. Establishment and maintenance of employment lists4 The board shall establish and maintain lists containing names of persons5 eligible for appointment to the various classes of positions in the classified service,6 as follows:7 * * *8 (6)(a) The minimum and maximum period for which a name may remain9 upon a promotional and competitive employment list established and maintained by10 the board for any of the various classes of positions in the classified fire and police11 service shall be twelve and eighteen months, respectively, for each list.12 (b) Notwithstanding any provision of law to the contrary, the minimum and13 maximum period for which a name may remain upon a promotional employment list14 established and maintained by the board for any of the various classes of positions15 in the classified fire and police service shall be twelve and forty-eight months,16 respectively, for each list.17 (c) The provisions of this Paragraph shall apply to any promotional18 employment list established and maintained by the board pursuant to this Part for any19 of the various classes of positions in the classified police service containing the20 names of eligible persons on and after the effective date of this Subsection.21 * * *22 §2555. Working tests23 A. Every person appointed to a position in the classified service following24 the certification of his name from a promotional or a competitive employment list,25 except as provided in R.S. 33:2555.1 and except those appointed on a temporary26 basis, shall be reported to the board as a probational employee within fifteen days of27 his appointment. The probational employee shall be tested by a working test while28 HLS 13RS-479 ENGROSSED HB NO. 663 Page 10 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. occupying the position before he may be confirmed as a regular and permanent1 employee in the position.2 B.(1)(a) Except as provided in Paragraph (2) of this Subsection R.S.3 33:2555.1, the period of the working test shall commence immediately upon4 appointment and shall continue for a period of not less than six months nor more5 than one year.6 (2)(a) Any probational employee in the classified fire service, except an7 entry level fireman and an entry level radio, fire alarm, or signal system operator,8 who has served less than six months of his working test for any given position may9 be removed therefrom only with the prior approval of the board, and only upon one10 of the following grounds:11 (i) He is unable or unwilling to perform satisfactorily the duties of the12 position to which he has been appointed.13 (ii) His habits and dependability do not merit his continuance therein.14 (b) Any such probational employee in the classified fire service may appear15 before the board and present his case before he is removed.16 (c) Any such probational employee in the classified fire service who is17 rejected after having served a working test of six months but not more than one year,18 may appeal to the board only upon the grounds that he has not been given a fair19 opportunity to prove his ability in the position.20 (3)(a) Any probational employee in a position of a competitive class of the21 classified police service, except an entry level police officer, and an entry level radio,22 police alarm, or signal system operator, who has served less than six months of his23 working test for any given position may be removed therefrom only with the prior24 approval of the board. Any probational employee in a position of a promotional25 class of the classified police service, who has served less than three months of his26 working test for any given position may be removed therefrom only with the prior27 approval of the board. Any such probational employee may appeal to the board only28 upon one of the following grounds:29 HLS 13RS-479 ENGROSSED HB NO. 663 Page 11 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (i) He is unable or unwilling to perform satisfactorily the duties of the1 position to which he has been appointed.2 (ii) His habits and dependability do not merit his continuance therein.3 (b) Any such probational employee in the classified police service may4 appear before the board and present his case before he is removed.5 (c) Any such probational employee in the classified police service appointed6 to a position of a competitive class who is rejected after having served a working test7 of six months but not more than one year, may appeal to the board only upon the8 grounds that he has not been given a fair opportunity to prove his ability in the9 position.10 (d) Any such probational employee in the classified police service appointed11 to a position of a promotional class who is rejected after having served a working test12 of three months but not more than one year, may appeal to the board only upon the13 grounds that he has not been given a fair opportunity to prove his ability in the14 position.15 (2)(a) Each person selected for appointment to an entry level position in the16 classified service from the competitive firefighter, firefighter/operator, or police17 officer employment list who has demonstrated successful completion of formal18 training as provided in Subparagraph (c) of this Paragraph prior to such appointment19 shall immediately begin the working test.20 (b)(i) Any person selected for appointment to an entry level position in the21 classified service from the competitive firefighter, firefighter/operator, or police22 officer employment list who has not demonstrated successful completion of formal23 training as provided in Subparagraph (c) of this Paragraph prior to such appointment24 shall be employed by the appointing authority and reported to the board as a recruit25 and, whenever practical or possible, shall immediately begin such formal training.26 The formal training shall be provided for through the appointing authority, and the27 period for such formal training shall be for the duration of not more than six months28 from the date of appointment. The formal training period shall conclude six months29 HLS 13RS-479 ENGROSSED HB NO. 663 Page 12 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. from the date of original appointment or upon the successful completion of the1 formal training, whichever occurs first, at which time the working test shall2 commence. The appointing authority shall, within fifteen days, advise the board of3 the appointment of the recruit as a probational firefighter, probational4 firefighter/operator, or probational police officer as the case may be.5 (ii) Nothing in this Paragraph shall be construed to require that a newly6 appointed firefighter, firefighter/operator, or police officer be terminated should he7 fail to enroll in or complete formal training within the six-month formal training8 period.9 (c)(i) Successful completion of formal training as required by this Paragraph10 for a position in the classification of firefighter or firefighter/operator shall be11 demonstrated by certification as Firefighter I in accordance with National Fire12 Protection Association Standard 1001.13 (ii) Successful completion of formal training as required by this Paragraph14 for a position in the classification of police officer shall be demonstrated by15 certification from a peace officer standards and training accredited training program16 as provided by R.S. 40:2405(A).17 C. Upon any employee completing his working test, the appointing authority18 shall so advise the board and furnish a signed statement to the respective employee19 of its confirmation and acceptance of the employee as a regular and permanent20 employee in the respective position or of its refusal to confirm the employee, and the21 reasons therefor. If, at the expiration of an employee's working test period, the22 appointing authority fails to confirm or reject the employee, such failure to act shall23 constitute a confirmation. Any employee who is rejected after serving a working test24 of six months but not more than one year may appeal to the board only upon the25 grounds that he was not given a fair opportunity to prove his ability in the position.26 D. The appointing authority may remove, and shall remove upon the order27 of the board, any employee during his working test period whom the board finds,28 HLS 13RS-479 ENGROSSED HB NO. 663 Page 13 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. after giving him notice and an opportunity to be heard, was appointed as a result of1 an error, misrepresentation, or fraud.2 E. In any event where any employee is permitted under this Part to appeal3 to the board, the decision of the board shall be subject to the judicial review provided4 by this Part and the appointing authority and employee shall be governed5 accordingly.6 * * *7 §2555.1. Recruit and recruit period8 A. Each person selected for appointment to an entry level position in the9 classified service from the competitive firefighter, firefighter/operator, or police10 officer employment list who has demonstrated successful completion of formal11 training as provided in Subsection D of this Section prior to such appointment shall12 immediately begin the working test.13 B.(1) Any person selected for appointment to an entry level position in the14 classified service from the competitive firefighter, firefighter/operator, or police15 officer employment list who has not demonstrated successful completion of formal16 training as provided in Subsection D of this Section prior to such appointment shall17 be employed by the appointing authority and reported to the board as a recruit and,18 whenever practical or possible, shall immediately begin such formal training.19 (2) The formal training shall be provided for through the appointing20 authority, and the period for such formal training shall be for the duration of not21 more than six months from the date of appointment. The formal training period shall22 conclude six months from the date of original appointment or upon the successful23 completion of the formal training, whichever occurs first, at which time the working24 test shall commence.25 (3) The appointing authority shall, within fifteen days, advise the board of26 the appointment of the recruit as a probational firefighter, probational27 firefighter/operator, or probational police officer as the case may be.28 HLS 13RS-479 ENGROSSED HB NO. 663 Page 14 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. C. Nothing in this Section shall be construed to require that a newly1 appointed firefighter, firefighter/operator, or police officer be terminated should he2 fail to enroll in or complete formal training within the six-month formal training3 period.4 D.(1) Successful completion of formal training as required by this Section5 for a position in the classification of firefighter or firefighter/operator shall be6 demonstrated by certification as Firefighter I in accordance with National Fire7 Protection Association Standard 1001.8 (2) Successful completion of formal training as required by this Section for9 a position in the classification of police officer shall be demonstrated by certification10 from a peace officer standards and training accredited training program as provided11 by R.S. 40:2405(A).12 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)] Harris HB No. 663 Abstract: Relative to the municipal fire and police civil service, provides relative to promotional employment lists established for the various classes of positions in the classified fire and police service and provides for the removal of employees during the working test period. 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. Proposed 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 government. Requires the board to establish and maintain employment lists containing the names of persons eligible for appointment to various classes of positions in the classified service. Proposed law retains present law. HLS 13RS-479 ENGROSSED HB NO. 663 Page 15 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Present law provides that the minimum and maximum period for which a name may remain upon a promotional and a competitive employment list shall be 12 and 18 months, respectively, for each list. Proposed law provides that with respect to promotional employment lists established and maintained by the board for the various classes of positions in the classified fire and police service, the minimum and maximum time a name may remain on a list shall be 12 and 48 months, respectively, for each list. Proposed law otherwise retains present law with respect to competitive employment lists maintained by the board. Proposed law provides that the provisions of proposed law shall apply to any promotional employment list established and maintained by the board for any of the various classes of positions in the classified fire and police service containing the names of eligible persons on and after the effective date of proposed law. Provides an exception for lists established and maintained for the city of West Monroe. Present law requires, with some exceptions, that every person appointed to a position in the classified service following the certification of his name from a promotional or a competitive employment list be tested by a working test while occupying the position before he may be confirmed as a regular and permanent employee in the position. Proposed law clarifies that a person appointed to a position in the classified service shall be a probational employee during the working test period. Requires that the employee be reported to the board as a probational employee within 15 days of his appointment. Proposed law otherwise retains present law. Present law requires, with some exceptions, that the working test period commence immediately upon appointment and continue for a period of not less than six months nor more than one year. Proposed law retains present law. Present law provides that any employee in the classified service, except an entry level fireman and an entry level radio, fire alarm, or signal system operator, who has served less than six months of his working test for any given position may be removed with the prior approval of the board, and only upon one of the following grounds: (1)He is unable or unwilling to perform satisfactorily the duties of the position to which he has been appointed. (2)His habits and dependability do not merit his continuance therein. Authorizes the employee to appear before the board and present his case before he is removed. Present law authorizes any employee in the classified service, who is rejected after having served a working test of six months but not more than one year, to appeal to the board only upon the grounds that he has not been given a fair opportunity to prove his ability in the position. Proposed law retains present law with respect to employees in the classified fire service. Provides that any employee in a position of a competitive class of the classified police service, except entry level police officers and entry level radio, police alarm, or signal system operators, who has served less than six months of his working test may be removed only upon grounds as provided in present law, with prior approval of the board. With respect to any employee in a position of a promotional class of the classified police service, proposed law provides that any such employee who has served less than three months of his working test may be removed only upon grounds provided in present law, with prior approval of the board. Provides that employees in positions of the competitive class and promotional class who are rejected after having served at least six months and three months HLS 13RS-479 ENGROSSED HB NO. 663 Page 16 of 16 CODING: Words in struck through type are deletions from existing law; words underscored are additions. of their working test, respectively, may appeal on the grounds provided in present law. Retains present law with respect to authorizing a member to appear before the board to present his case before removal. Present law requires that each person selected for appointment to an entry level position in the classified service from the competitive firefighter, firefighter/operator, or police officer employment list who has demonstrated successful completion of formal training as provided in present law prior to appointment to immediately begin the working test. Requires any person selected for appointment to any such position who has not demonstrated successful completion of formal training prior to appointment to be employed by the appointing authority and reported to the board as a recruit and to immediately begin formal training. In the city of Shreveport, the provisions of present law only apply to persons appointed to an entry level position in the classified service from the competitive Fire Communications Officer (I) employment list. Present law requires that the formal training be provided for through the appointing authority for a period of not more than six months from the date of appointment. Requires that the formal training period conclude six months from the date of original appointment or upon the successful completion of the formal training, whichever occurs first, at which time the working test shall commence. Further requires the appointing authority, within 15 days, to advise the board of the appointment of the recruit as a probational employee. Present law provides that nothing in present law shall be construed to require that a newly appointed employee be terminated should he fail to enroll in or complete formal training within the six-month formal training period. Present law requires that successful completion of formal training as required by present law for a position in the classification of firefighter or firefighter/operator be demonstrated by certification as Firefighter I in accordance with National Fire Protection Association Standard 1001 and for a position in the classification of police be demonstrated by certification from a peace officer standards and training accredited training program as provided by present law (R.S. 40:2405(A)). In the city of Shreveport, successful completion of formal training for a position in the classification of Fire Communications Officer (I) shall be demonstrated by certification as Telecommunicator in accordance with National Fire Protection Association Standards 1061 and 1221. Proposed law retains present law. (Amends R.S. 33:2491(F), 2495, 2551(6), and 2555; Adds R.S. 2495.1.1 and 2551.1) Summary of Amendments Adopted by House Committee Amendments Proposed by House Committee on Municipal, Parochial and Cultural Affairs to the original bill. 1. Makes proposed law provisions that increase the maximum period of time for which a name may remain on the promotional employment list established and maintained by the board for the classified police service from 18 to 48 months applicable to promotional employment lists established and maintained by the board for the classified fire service.