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Regular Session, 2013
SENATE BILL NO. 213
BY SENATOR MORRELL
LAW ENFORCEMENT. Provides relative to benefits for a classified employee of the New
Orleans Police Department on temporary or provisional assignment. (8/1/13)
AN ACT1
To amend and reenact R.S. 33:2419(B)(1) and to enact R.S. 33:2434, relative to civil2
service; to provide relative to the New Orleans Police Department; to provide3
relative to benefits for certain employees in certain positions; to provide for4
definitions; 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. 33:2419(B)(1) is hereby amended and reenacted and R.S. 33:24348
is hereby enacted to read as follows:9
§2419. Conditional and temporary appointments10
* * *11
B. Temporary appointments to positions in the classified service may be12
made for short periods without compliance with the provisions of this Part requiring13
certification, as follows:14
(1)(a) Provisional appointments. When a vacancy is to be filled in a position15
of a class for which there are no eligibles available for certification, the appointing16
authority, with the prior approval of the director, may make a provisional17 SB NO. 213
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
appointment of any person whom he deems qualified. Such provisional appointment1
shall terminate upon the regular filling of the vacancy in any manner authorized2
under this Part and, in any event, within fifteen working days after a certification3
from which appointment can be required. A provisional appointment shall never4
continue for a period in excess of one year unless it is extended by the commission5
upon the director's certification that eligibles are not available and that it is not6
possible or practicable to provide such eligibles.7
(b) Notwithstanding any other provisions of law to the contrary, a8
classified employee of the New Orleans Police Department who has been9
temporarily appointed to a provisional appointment shall not be eligible for any10
additional benefits which is to accrue based upon the promotion, or increase in11
compensation.12
* * *13
§2434. Executive level assignment; New Orleans Police Department14
A. Notwithstanding any other provisions of law to the contrary, no15
additional benefits shall accrue or be earned from compensation above the16
normal rate of pay for a classified employee of the New Orleans Police17
Department who has been appointed to a temporary executive level assignment18
within the department and for which such employee receives special assignment19
pay.20
B. For purposes of this Section, the following phrases shall have the21
following meaning:22
(1) "Executive level" shall mean managerial or supervisory level work23
which is considered ineligible for overtime earnings.24
(2) "Normal rate of pay" shall mean the rate of pay the employee would25
receive if the assignment was recalled.26
(3) "Special assignment pay" shall mean the special rate of pay or27
additional earnings that is paid to an employee for performing a special28
assignment.29 SB NO. 213
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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 Michael Bell.
DIGEST
Morrell (SB 213)
Proposed law retains present law regarding provisional appointments, but prohibits a
classified employee of the New Orleans Police Department who has been temporarily
appointed to a provisional appointment from being eligible for any benefits which are to
accrue based upon the promotion, or increase in salary.
Proposed law provides that notwithstanding any other provisions of law to the contrary, no
additional benefits shall accrue or be earned from compensation above the normal rate of pay
for a classified employee of the New Orleans Police Department who has been appointed to
a temporary executive level assignment within the department and for which such employee
receives special assignment pay.
Proposed law provides for definitions.
Effective August 1, 2013.
(Amends R.S. 33:2419(B)(1); adds R.S. 33:2434)