Harris (HB 663) Act No. 331
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. Existing 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.
Existing 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. Provides that the minimum period for which a name
may remain upon a promotional or competitive employment list is 12 months and that the
maximum period a name may remain on a competitive employment list is 18 months.
Prior law provided that the maximum period that a name could remain on a promotional list
was 18 months. New law increases this maximum period to 48 months.
New law provides that the provisions of new 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
Aug. 1, 2013. Provides an exception for lists established and maintained for the city of West
Monroe.
Existing 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 can be
confirmed as a regular and permanent employee in the position.
New law provides 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.
Existing 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.
Existing 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 a specified period of his working test for any given position may be removed but only
with the prior approval of the board and upon one of the following grounds:
(1)He was unable or unwilling to perform satisfactorily the duties of the position to
which he had been appointed.
(2)His habits and dependability did not merit his continuance therein.
Existing law provides that for members of the classified fire service and for employees in a
position in a competitive class of the classified police service, the specified period during
which an employee may be removed only as provided by existing law is six months.
However, new law provides that existing law does not apply to entry level police officers or
entry level radio, fire alarm, or signal system operators.
Prior law provided that for employees in a position in a promotional class of the classified
police service, the period was also six months. New law provides that the period is three
months for such employees. Existing law authorizes the employee to appear before the board and present his case before
he is removed.
Existing law requires 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 existing 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 existing law only apply to persons appointed to an
entry level position in the classified service from the competitive Fire Communications
Officer (I) employment list.
Existing 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 to, within
15 days, advise the board of the appointment of the recruit as a probational employee.
Existing law provides that nothing in existing 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.
Existing law requires that successful completion of formal training as required by existing
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 officer be demonstrated by
certification from a peace officer standards and training accredited training program as
provided by existing 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.
Effective August 1, 2013.
(Amends R.S. 33:2491(F), 2495, 2551(6), and 2555; Adds R.S. 33:2495.1.1 and 2555.1)