SLS 13RS-350 ENGROSSED
Page 1 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013
SENATE BILL NO. 159
BY SENATOR MORRELL AND REPRESENTATI VE HAZEL
LAW ENFORCEMENT. Provides relative to paid detail or secondary employment
administered or managed by the city of New Orleans. (gov sig)
AN ACT1
To enact R.S. 33:2339, relative to municipal law enforcement; to provide relative to detail2
or secondary employment; to provide relative to communications; to provide relative3
to administrative fees; to provide relative to public records; to provide relative to4
medicare and social security contributions; and to provide for related matters.5
Notice of intention to introduce this Act has been published.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 33:2339 is hereby enacted to read as follows:8
ยง2339. Detail or secondary employment9
A. All offices, officers, and staff managing police details and secondary10
employment shall be prohibited from communicating with the New Orleans11
Police Department, its staff, officers, or superintendent. Communicating with12
the Public Integrity Bureau is excepted from this prohibition.13
B.(1) The head of the Office of Police and Secondary Employment shall14
not be within the chain of command of the New Orleans Police Department but15
shall be bound to observe the Police Officers Bill of Rights and shall be16
prohibited from disciplining an officer, and shall not restrict access to details17 SB NO. 159
SLS 13RS-350 ENGROSSED
Page 2 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
without due process through civil service. Civil service shall promulgate rules1
to resolve OPSE complaints.2
(2) The chief management officer for the OPSE shall refer all complaints3
of unprofessional conduct to the Public Integrity Bureau.4
C. The OPSE will be responsible for workers' compensation and all5
related insurance costs of officers on detail or secondary employment.6
D. The maximum administrative fee on hourly detail or secondary7
employment shall be five dollars per hour.8
E. The city of New Orleans shall be responsible for any tax associated9
with payment of the five dollar administrative fee by any entity.10
F. Each assignment of paid police detail and secondary employment, as11
well as any exempted detail or details exempted from rotation, the name of any12
coordinator assigned to such detail, as well as the rationale given for any13
exemption from detail policy or procedure shall be a public record subject to14
the Public Records Law.15
G. The city of New Orleans shall be responsible for the funding and16
payment of social security and Medicare employer and employee contributions17
for all detail or secondary employment and shall not deduct any such18
contributions from hourly rates established for officers on details.19
H. Any communication regarding the chief management officer of the20
OPSE shall be a public record and subject to the Public Records Law and also21
be available under the Freedom of Information Act.22
I. As used in this Section, "OPSE" shall mean the Office of Police and23
Secondary Employment.24
Section 2. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 SB NO. 159
SLS 13RS-350 ENGROSSED
Page 3 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy R. Wells.
DIGEST
Morrell (SB 159)
Proposed law prohibits offices, officers, and staff managing police details and secondary
employment from communicating with the New Orleans Police Department, its staff,
officers, or superintendent, except that communicating with the Public Integrity Bureau is
allowed.
Proposed law prohibits the head of the Office of Police and Secondary Employment (OPSE)
from being within the chain of command of the New Orleans Police Department or from
disciplining an officer. Proposed law further prohibits OPSE from restricting access to
details without due process through civil service. Proposed law requires civil service to
promulgate rules to resolve OPSE complaints.
Proposed law requires the chief management officer for the OPSE to refer all complaints of
unprofessional conduct to the Public Integrity Bureau.
Proposed law requires OPSE to be responsible for workers' compensation and all related
insurance costs of officers on detail or secondary employment.
Proposed law restricts the maximum administrative fee on hourly detail or secondary
employment to five dollars per hour.
Proposed law requires the city of New Orleans to be responsible for any tax associated with
payment of the five dollar administrative fee by any entity.
Proposed law requires that each assignment of paid police detail and secondary employment,
as well as any exempted detail or details exempted from rotation, the name of any
coordinator assigned to such detail, as well as the rationale given for any exemption from
detail policy or procedure be a public record subject to the Public Records Law.
Proposed law requires the city of New Orleans to be responsible for the funding and
payment of social security and Medicare employer and employee contributions for all detail
or secondary employment and prohibits any deductions for any such contributions from the
hourly rates established for officers on details.
Proposed law requires any communication regarding the chief management officer of the
OPSE be a public record and subject to the Public Records Law and also be available under
the Freedom of Information Act.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 33:2339)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Deletes provision requiring the inclusion of payments from a detail or
secondary employment in all benefits earned by the officer.
2. Adds provisions regarding communication, OPSE complaints, workers' SB NO. 159
SLS 13RS-350 ENGROSSED
Page 4 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
compensation, administrative fees, public records, and social security and
Medicare.