Morrell (SB 207) Act No. 362
Present constitution (Art X, Sec. 1(B)) establishes a city civil service system in cities having
a population of over 400,000; however, paid firemen and municipal policemen may be
excluded if a majority of the electors in the affected city voting at an election held for that
purpose approve their exclusion. Requires that the election be called by the municipal
governing authority within one year after the effective date of the present constitution.
New law retains present constitution and provides that in the event that the civil service of
any city pursuant to the city civil service provisions of present constitution is determined by
a final judgment of a court of competent jurisdiction to not be subject to such provisions, the
civil service of the city shall be subject to the jurisdiction of the state civil service system.
Provides that new law shall not apply to any municipality with a population of not less than
215,000 and not more than 300,000 persons.
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.
New law retains present constitution and existing law and additionally provides, relative to
the system applicable to any municipality which operates paid police and fire departments
and which has a population of not fewer than 13,000 persons, that in the event that the civil
service of any municipality pursuant to existing law is determined by a final judgment of a
court of competent jurisdiction to not be subject to existing law, the civil service of the
municipality shall be subject to the jurisdiction of the state civil service system. Provides
that new law shall not apply to any municipality with a population of not less than 215,000
and not more than 300,000 persons.
Prior law created and provided for a city civil service system in municipalities with a
population exceeding 100,000. Provided that prior law shall not apply to municipalities
governed by the municipal fire and police civil service system as provided in prior law.
New law retains prior law and provides that in the event that the civil service of any
municipality pursuant to prior law is determined by a final judgment of a court of competent
jurisdiction to not be subject to prior law, the civil service of the municipality shall be
subject to the jurisdiction of the state civil service system. Provides that new law shall not
apply to any municipality with a population of not less than 215,000 and not more than
300,000 persons.
Effective August 1, 2013.
(Amends R.S. 33:2391, 2471 and 2591; adds R.S. 33:2588)