Louisiana 2014 2014 Regular Session

Louisiana House Bill HB456 Comm Sub / Analysis

                    Schroder (HB 456)	Act No. 68
Existing 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.  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.
Existing law relative to both systems, provides that the classified service comprises 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.  Existing
law provides that the positions of fire chief and police chief are in the classified service.
Provides further with respect to which positions are in the classified and unclassified service.
New law provides an exception for the position of police chief for the city of Covington.
Provides that the position is in the unclassified service, and provides that the right of
selection, appointment, supervision, and discharge for the position is vested in the mayor of
the city. The  appointment of the police chief is subject to the approval of the municipal
governing authority.  New law provides further with respect to the qualification requirements
of the police chief.
New law provides that any person who resigns from a position in the classified service to
accept an appointment as police chief does not forfeit his seniority accumulated to the date
of his resignation, but he will not accumulate seniority during the time he is not in the
classified service. If any person resigns from the position of police chief or is terminated for
any reason other than malfeasance in office, he is 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. If the position has been filled or no longer exists,
then his employer must employ him to a comparable position.
New law provides that the provisions of new law are prospective only and do not apply to
the individual occupying the position police chief for the city of Covington on May 16,
2014.
Effective upon signature of governor (May 16, 2014).
(Adds R.S. 33:2541.3)