ENROLLED
Page 1 of 13
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.
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
by the board for any of the various classes of positions in the classified fire and20
police service shall be twelve and eighteen months, respectively, for each list.21
(2)(a) Notwithstanding any provision of law to the contrary, the minimum22
and maximum period for which a name may remain upon a promotional employment23
list established and maintained by the board for any of the various classes of24 ENROLLEDHB NO. 663
Page 2 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
positions in the classified fire and police service shall be twelve and forty-eight1
months, respectively, for each list.2
(b) Except as provided in R.S. 33:2491.4(D), the provisions of this Paragraph3
shall apply to any promotional employment list established and maintained by the4
board pursuant to this Part for any of the various classes of positions in the classified5
fire and police service containing the names of eligible persons on and after the6
effective date of this Subsection.7
* * *8
§2495. Working tests9
A. Every person appointed to a position in the classified service following10
the certification of his name from a promotional or a competitive employment list,11
except as provided in R.S. 33:2495.1.1 and except those appointed on a temporary12
basis, shall be reported to the board as a probational employee within fifteen days of13
his appointment. The probational employee shall be tested by a working test while14
occupying the position before he may be confirmed as a regular and permanent15
employee in the position.16
B.(1)(a) Except as provided in Paragraphs (2) and (3) of this Subsection R.S.17
33:2495.1.1, the period of the working test shall commence immediately upon18
appointment and shall continue for a period of not less than six months nor more19
than one year.20
(2)(a) Any probational employee in the classified fire service, except an21
entry level fireman and an entry level radio, fire alarm, or signal system operator,22
who has served less than six months of his working test for any given position may23
be removed therefrom only with the prior approval of the board, and only upon one24
of the following grounds:25
(i) He is unable or unwilling to perform satisfactorily the duties of the26
position to which he has been appointed.27
(ii) His habits and dependability do not merit his continuance therein.28
(b) Any such probational employee in the classified fire service may appear29
before the board and present his case before he is removed.30 ENROLLEDHB NO. 663
Page 3 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(c) Any such probational employee in the classified fire service who is1
rejected after having served a working test of six months but not more than one year,2
may appeal to the board only upon the grounds that he has not been given a fair3
opportunity to prove his ability in the position.4
(3)(a) Any probational employee in a position of a competitive class of the5
classified police service, except an entry level police officer, and an entry level radio,6
police alarm, or signal system operator, who has served less than six months of his7
working test for any given position may be removed therefrom only with the prior8
approval of the board. Any probational employee in a position of a promotional9
class of the classified police service, who has served less than three months of his10
working test for any given position may be removed therefrom only with the prior11
approval of the board. Any such probational employee may be removed only upon12
one of the following grounds:13
(i) He is unable or unwilling to perform satisfactorily the duties of the14
position to which he has been appointed.15
(ii) His habits and dependability do not merit his continuance therein.16
(b) Any such probational employee in the classified police service may17
appear before the board and present his case before he is removed.18
(c) Any such probational employee in the classified police service appointed19
to a position of a competitive class who is rejected after having served a working test20
of six months but not more than one year, may appeal to the board only upon the21
grounds that he has not been given a fair opportunity to prove his ability in the22
position.23
(d) Any such probational employee in the classified police service appointed24
to a position of a promotional class who is rejected after having served a working test25
of three months but not more than one year, may appeal to the board only upon the26
grounds that he has not been given a fair opportunity to prove his ability in the27
position.28
(2)(a) Each person selected for appointment to an entry level position in the29
classified service from the competitive firefighter, firefighter/operator, or police30 ENROLLEDHB NO. 663
Page 4 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
officer employment list who has demonstrated successful completion of formal1
training as provided in Subparagraph (c) of this Paragraph prior to such appointment2
shall immediately begin the working test.3
(b)(i) Any person selected for appointment to an entry level position in the4
classified service from the competitive firefighter, firefighter/operator, or police5
officer employment list who has not demonstrated successful completion of formal6
training as provided in Subparagraph (c) of this Paragraph prior to such appointment7
shall be employed by the appointing authority and reported to the board as a recruit8
and, whenever practical or possible, shall immediately begin such formal training.9
The formal training shall be provided for through the appointing authority, and the10
period for such formal training shall be for the duration of not more than six months11
from the date of appointment. The formal training period shall conclude six months12
from the date of original appointment or upon the successful completion of the13
formal training, whichever occurs first, at which time the working test shall14
commence. 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
(ii) Nothing in this Paragraph 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
(c)(i) Successful completion of formal training as required by this Paragraph22
for a position in the classification of firefighter or firefighter/operator shall be23
demonstrated by certification as Firefighter I in accordance with National Fire24
Protection Association Standard 1001.25
(ii) Successful completion of formal training as required by this Paragraph26
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 ENROLLEDHB NO. 663
Page 5 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3)(a) Notwithstanding any other provision of law to the contrary, each1
person selected for appointment to an entry level position in the classified service2
from the competitive Fire Communications Officer (I) employment list in the city3
of Shreveport who has demonstrated successful completion of formal training as4
provided in Subparagraph (c) of this Paragraph prior to such appointment shall5
immediately begin the working test.6
(b)(i) Any person selected for appointment to an entry level position in the7
classified service from the competitive Fire Communications Officer (I) employment8
list in the city of Shreveport who has not demonstrated successful completion of9
formal training as provided in Subparagraph (c) of this Paragraph prior to such10
appointment shall be employed by the appointing authority and reported to the board11
as a recruit and, whenever practical or possible, shall immediately begin such formal12
training. The formal training shall be provided for through the appointing authority,13
and the period for such formal training shall be for the duration of not more than six14
months from the date of appointment. The formal training period shall conclude six15
months from the date of original appointment or upon the successful completion of16
the formal training, whichever occurs first, at which time the working test shall17
commence. The appointing authority shall, within fifteen days, advise the board of18
the appointment of the recruit as a probational Fire Communications Officer (I).19
(ii) Nothing in this Paragraph shall be construed to require that a newly20
appointed Fire Communications Officer (I) be terminated should he fail to enroll in21
or complete formal training within the six-month formal training period.22
(c) Successful completion of formal training as required by this Paragraph23
for a position in the classification of Fire Communications Officer (I) shall be24
demonstrated by certification as Telecommunicator in accordance with National Fire25
Protection Association Standards 1061 and 1221.26
C. Upon any employee completing his working test, the appointing authority27
shall so advise the board and furnish a signed statement to the respective employee28
of its confirmation and acceptance of the employee as a regular and permanent29
employee in the respective position or of its refusal to confirm the employee and the30 ENROLLEDHB NO. 663
Page 6 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
reasons therefor. If, at the expiration of an employee's working test period, the1
appointing authority fails to confirm or reject the employee, such failure to act shall2
constitute a confirmation. Any employee who is rejected after serving a working test3
of six months but not more than one year may appeal to the board only upon the4
grounds that he was not given a fair opportunity to prove his ability in the position.5
D. The appointing authority may remove, and shall remove upon the order6
of the board, any employee during his working test period who the board finds, after7
giving him notice and an opportunity to be heard, was appointed as a result of an8
error, misrepresentation, or fraud.9
E. In any event where an employee is permitted under this Section to appeal10
to the board, the decision of the board shall be subject to the judicial review provided11
by this Part and the appointing authority and employee shall be governed12
accordingly.13
§2495.1.1. Recruit and recruit period14
A.(1) Each person selected for appointment to an entry level position in the15
classified service from the competitive firefighter, firefighter/operator, or police16
officer employment list who has demonstrated successful completion of formal17
training as provided in Paragraph (4) of this Subsection prior to such appointment18
shall immediately begin the working test.19
(2)(a) Any person selected for appointment to an entry level position in the20
classified service from the competitive firefighter, firefighter/operator, or police21
officer employment list who has not demonstrated successful completion of formal22
training as provided in Paragraph (4) of this Subsection prior to such appointment23
shall be employed by the appointing authority and reported to the board as a recruit24
and, whenever practical or possible, shall immediately begin such formal training.25
(b) The formal training shall be provided for through the appointing26
authority, and the period for such formal training shall be for the duration of not27
more than six months from the date of appointment. The formal training period shall28
conclude six months from the date of original appointment or upon the successful29 ENROLLEDHB NO. 663
Page 7 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
completion of the formal training, whichever occurs first, at which time the working1
test shall commence.2
(c) 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
(3) Nothing in this Subsection 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
(4)(a) Successful completion of formal training as required by this10
Subsection for a position in the classification of firefighter or firefighter/operator11
shall be demonstrated by certification as Firefighter I in accordance with National12
Fire Protection Association Standard 1001.13
(b) Successful completion of formal training as required by this Subsection14
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
B.(1) Notwithstanding the provisions of Subsection A of this Section or any18
other provision of law to the contrary, each person selected for appointment to an19
entry level position in the classified service from the competitive Fire20
Communications Officer (I) employment list in the city of Shreveport who has21
demonstrated successful completion of formal training as provided in Paragraph (4)22
of this Subsection prior to such appointment shall immediately begin the working23
test.24
(2)(a) Notwithstanding the provisions of Subsection A of this Section or any25
other provision of law to the contrary, any person selected for appointment to an26
entry level position in the classified service from the competitive Fire27
Communications Officer (I) employment list in the city of Shreveport who has not28
demonstrated successful completion of formal training as provided in Paragraph (4)29
of this Subsection prior to such appointment shall be employed by the appointing30 ENROLLEDHB NO. 663
Page 8 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
authority and reported to the board as a recruit and, whenever practical or possible,1
shall immediately begin such formal training. 2
(b) The formal training shall be provided for through the appointing3
authority, and the period for such formal training shall be for the duration of not4
more than six months from the date of appointment. The formal training period shall5
conclude six months from the date of original appointment or upon the successful6
completion of the formal training, whichever occurs first, at which time the working7
test shall commence.8
(c) The appointing authority shall, within fifteen days, advise the board of9
the appointment of the recruit as a probational Fire Communications Officer (I).10
(3) Nothing in this Subsection shall be construed to require that a newly11
appointed Fire Communications Officer (I) be terminated should he fail to enroll in12
or complete formal training within the six-month formal training period.13
(4) Successful completion of formal training as required by this Subsection14
for a position in the classification of Fire Communications Officer (I) shall be15
demonstrated by certification as Telecommunicator in accordance with National Fire16
Protection Association Standards 1061 and 1221.17
* * *18
§2551. Establishment and maintenance of employment lists19
The board shall establish and maintain lists containing names of persons20
eligible for appointment to the various classes of positions in the classified service,21
as follows:22
* * *23
(6)(a) The minimum and maximum period for which a name may remain24
upon a promotional and competitive employment list established and maintained by25
the board for any of the various classes of positions in the classified fire and police26
service shall be twelve and eighteen months, respectively, for each list.27
(b) Notwithstanding any provision of law to the contrary, the minimum and28
maximum period for which a name may remain upon a promotional employment list29
established and maintained by the board for any of the various classes of positions30 ENROLLEDHB NO. 663
Page 9 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
in the classified fire and police service shall be twelve and forty-eight months,1
respectively, for each list.2
(c) The provisions of this Paragraph shall apply to any promotional3
employment list established and maintained by the board pursuant to this Part for any4
of the various classes of positions in the classified fire and police service containing5
the names of eligible persons on and after the effective date of this Subsection.6
* * *7
§2555. Working tests8
A. Every person appointed to a position in the classified service following9
the certification of his name from a promotional or a competitive employment list,10
except as provided in R.S. 33:2555.1 and except those appointed on a temporary11
basis, shall be reported to the board as a probational employee within fifteen days of12
his appointment. The probational employee shall be tested by a working test while13
occupyin g the position before he may be confirmed as a regular and permanent14
employee in the position.15
B.(1)(a) Except as provided in Paragraph (2) of this Subsection R.S.16
33:2555.1, the period of the working test shall commence immediately upon17
appointment and shall continue for a period of not less than six months nor more18
than one year.19
(2)(a) Any probational employee in the classified fire service, except an20
entry level fireman and an entry level radio, fire alarm, or signal system operator,21
who has served less than six months of his working test for any given position may22
be removed therefrom only with the prior approval of the board, and only upon one23
of the following grounds:24
(i) He is unable or unwilling to perform satisfactorily the duties of the25
position to which he has been appointed.26
(ii) His habits and dependability do not merit his continuance therein.27
(b) Any such probational employee in the classified fire service may appear28
before the board and present his case before he is removed.29 ENROLLEDHB NO. 663
Page 10 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(c) Any such probational employee in the classified fire service who is1
rejected after having served a working test of six months but not more than one year,2
may appeal to the board only upon the grounds that he has not been given a fair3
opportunity to prove his ability in the position.4
(3)(a) Any probational employee in a position of a competitive class of the5
classified police service, except an entry level police officer, and an entry level radio,6
police alarm, or signal system operator, who has served less than six months of his7
working test for any given position may be removed therefrom only with the prior8
approval of the board. Any probational employee in a position of a promotional9
class of the classified police service, who has served less than three months of his10
working test for any given position may be removed therefrom only with the prior11
approval of the board. Any such probational employee may appeal to the board only12
upon one of the following grounds:13
(i) He is unable or unwilling to perform satisfactorily the duties of the14
position to which he has been appointed.15
(ii) His habits and dependability do not merit his continuance therein.16
(b) Any such probational employee in the classified police service may17
appear before the board and present his case before he is removed.18
(c) Any such probational employee in the classified police service appointed19
to a position of a competitive class who is rejected after having served a working test20
of six months but not more than one year, may appeal to the board only upon the21
grounds that he has not been given a fair opportunity to prove his ability in the22
position.23
(d) Any such probational employee in the classified police service appointed24
to a position of a promotional class who is rejected after having served a working test25
of three months but not more than one year, may appeal to the board only upon the26
grounds that he has not been given a fair opportunity to prove his ability in the27
position.28
(2)(a) Each person selected for appointment to an entry level position in the29
classified service from the competitive firefighter, firefighter/operator, or police30 ENROLLEDHB NO. 663
Page 11 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
officer employment list who has demonstrated successful completion of formal1
training as provided in Subparagraph (c) of this Paragraph prior to such appointment2
shall immediately begin the working test.3
(b)(i) Any person selected for appointment to an entry level position in the4
classified service from the competitive firefighter, firefighter/operator, or police5
officer employment list who has not demonstrated successful completion of formal6
training as provided in Subparagraph (c) of this Paragraph prior to such appointment7
shall be employed by the appointing authority and reported to the board as a recruit8
and, whenever practical or possible, shall immediately begin such formal training.9
The formal training shall be provided for through the appointing authority, and the10
period for such formal training shall be for the duration of not more than six months11
from the date of appointment. The formal training period shall conclude six months12
from the date of original appointment or upon the successful completion of the13
formal training, whichever occurs first, at which time the working test shall14
commence. 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
(ii) Nothing in this Paragraph 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
(c)(i) Successful completion of formal training as required by this Paragraph22
for a position in the classification of firefighter or firefighter/operator shall be23
demonstrated by certification as Firefighter I in accordance with National Fire24
Protection Association Standard 1001.25
(ii) Successful completion of formal training as required by this Paragraph26
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 ENROLLEDHB NO. 663
Page 12 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. Upon any employee completing his working test, the appointing authority1
shall so advise the board and furnish a signed statement to the respective employee2
of its confirmation and acceptance of the employee as a regular and permanent3
employee in the respective position or of its refusal to confirm the employee, and the4
reasons therefor. If, at the expiration of an employee's working test period, the5
appointing authority fails to confirm or reject the employee, such failure to act shall6
constitute a confirmation. Any employee who is rejected after serving a working test7
of six months but not more than one year may appeal to the board only upon the8
grounds that he was not given a fair opportunity to prove his ability in the position.9
D. The appointing authority may remove, and shall remove upon the order10
of the board, any employee during his working test period whom the board finds,11
after giving him notice and an opportunity to be heard, was appointed as a result of12
an error, misrepresentation, or fraud.13
E. In any event where any employee is permitted under this Part to appeal14
to the board, the decision of the board shall be subject to the judicial review provided15
by this Part and the appointing authority and employee shall be governed16
accordingly.17
§2555.1. Recruit and recruit period18
A. Each person selected for appointment to an entry level position in the19
classified service from the competitive firefighter, firefighter/operator, or police20
officer employment list who has demonstrated successful completion of formal21
training as provided in Subsection D of this Section prior to such appointment shall22
immediately begin the working test.23
B.(1) Any person selected for appointment to an entry level position in the24
classified service from the competitive firefighter, firefighter/operator, or police25
officer employment list who has not demonstrated successful completion of formal26
training as provided in Subsection D of this Section prior to such appointment shall27
be employed by the appointing authority and reported to the board as a recruit and,28
whenever practical or possible, shall immediately begin such formal training. 29 ENROLLEDHB NO. 663
Page 13 of 13
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) The formal training shall be provided for through the appointing1
authority, and the period for such formal training shall be for the duration of not2
more than six months from the date of appointment. The formal training period shall3
conclude six months from the date of original appointment or upon the successful4
completion of the formal training, whichever occurs first, at which time the working5
test shall commence.6
(3) The appointing authority shall, within fifteen days, advise the board of7
the appointment of the recruit as a probational firefighter, probational8
firefighter/operator, or probational police officer as the case may be.9
C. Nothing in this Section shall be construed to require that a newly10
appointed firefighter, firefighter/operator, or police officer be terminated should he11
fail to enroll in or complete formal training within the six-month formal training12
period.13
D.(1) Successful completion of formal training as required by this Section14
for a position in the classification of firefighter or firefighter/operator shall be15
demonstrated by certification as Firefighter I in accordance with National Fire16
Protection Association Standard 1001.17
(2) Successful completion of formal training as required by this Section for18
a position in the classification of police officer shall be demonstrated by certification19
from a peace officer standards and training accredited training program as provided20
by R.S. 40:2405(A).21
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: