HLS 14RS-375 REENGROSSED
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Regular Session, 2014
HOUSE BILL NO. 456
BY REPRESENTATIVE SCHRODER
CIVIL SERVICE/FIRE & POL: Provides that the position of police chief for the city of
Covington is in the unclassified service
AN ACT1
To enact R.S. 33:2541.3, relative to the municipal fire and police civil service; to provide2
relative to the position of police chief for the city of Covington; to provide that such3
position is in the unclassified service; to provide relative to the appointment,4
supervision, and discharge of any person in any such position; to provide relative to5
qualifications; to provide relative to resignation from the position and return to the6
classified service; and to provide for related matters.7
Notice of intention to introduce this Act has been published8
as provided by Article III, Section 13 of the Constitution of9
Louisiana.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 33:2541.3 is hereby enacted to read as follows:12
§2541.3. Police chief; city of Covington; unclassified service13
A.(1) Notwithstanding any provision of law to the contrary, the position of14
chief of police for the city of Covington is in the unclassified service, and the right15
of selection, appointment, supervision, and discharge for such position is vested in16
the mayor of the city. The appointment and selection of the chief of police shall be17
subject to the approval of the municipal governing authority.18
(2) The chief of police shall have not less than five years of full-time law19
enforcement experience and shall have successfully completed a certified training20 HLS 14RS-375 REENGROSSED
HB NO. 456
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program approved by the Peace Officer Standards and Training Council. Any person1
appointed to the position of chief of police shall meet all qualifications and2
requirements as provided in the municipal compensation plan in effect at the time of3
his appointment.4
B. Any person who resigns from a position in the classified service to accept5
an appointment as chief of police shall not forfeit his seniority accumulated to the6
date of his resignation, but he shall not accumulate seniority during the time he is not7
in the classified service. If any such person resigns from the position of chief of8
police or is terminated for any reason other than malfeasance in office, he shall be9
eligible to be reemployed to the same position in the classified service in which he10
was employed immediately preceding his resignation from the classified service. If11
the position has been filled or no longer exists, then his employer shall employ him12
in a comparable position.13
Section 2. The provisions of this Act are prospective only and shall not apply to the14
individual occupying the position of chief of police for the city of Covington on the effective15
date of this Act.16
Section 3. This Act shall become effective upon signature by the governor or, if not17
signed by the governor, upon expiration of the time for bills to become law without signature18
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If19
vetoed by the governor and subsequently approved by the legislature, this Act shall become20
effective on the day following such approval.21
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Schroder HB No. 456
Abstract: Relative to the position of police chief for the city of Covington, provides that
the position is in the unclassified service. Provides further with respect to the right
of selection, appointment, supervision, and discharge for such position and provides
relative to the resignation from the position and return to the classified service.
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 HLS 14RS-375 REENGROSSED
HB NO. 456
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system is subject to Art. XIV, §15.1 of the 1921 constitution made statutory by the 1974
constitution.
Present 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.
Proposed law retains present law.
Present law relative to both systems, provides that the classified service shall comprise every
position, except those in the unclassified service, to which the right of employee selection,
appointment, supervision, and discharge is vested in the municipal government. Provides
that the positions of fire chief and police chief shall be in the classified service. Provides
further with respect to which positions are in the classified and unclassified service.
Proposed law retains present law but provides an exception for the position of police chief
for the city of Covington. Provides that such position is in the unclassified service, and
provides that the right of selection, appointment, supervision, and discharge for such position
is vested in the mayor of the city. Further provides that the appointment of the police chief
shall be subject to the approval of the municipal governing authority.
Proposed law provides that any person who resigns from a position in the classified service
to accept an appointment as police chief shall not forfeit his seniority accumulated to the
date of his resignation. Provides that no such person shall accumulate seniority during the
time he is not in the classified service. Further provides that if any such person resigns from
such position or is terminated for any reason other than malfeasance in office, he shall be
eligible to be reemployed to the same position in the classified service in which he was
employed immediately preceding his resignation from the classified service. Provides that
if the position has been filled or no longer exists, then his employer shall employ him to a
comparable position.
Proposed law provides that the provisions of proposed law are prospective only and shall not
apply to the individual occupying the position of chief of police for the city of Covington
on the effective date of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:2541.3)