Louisiana 2014 2014 Regular Session

Louisiana House Bill HB456 Comm Sub / Analysis

                    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 system is
subject to Art. XIV, ยง15.1 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)