RDCSB38 552 4021
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)]
SB 38 Reengrossed 2015 Regular Session Johns
Present law, relative to municipal fire and police civil service for municipalities with a
population between 13,000 and 250,000, defines "seniority" as the total employment
computed for an employee beginning with the last date on which he was regularly and
permanently appointed to a particular department and has worked continuously to and
including the date of computation.
Proposed law provides that "departmental seniority" is defined as the term "seniority" is
defined in present law and adds "promotional seniority" as a defined term to mean the total
cumulative employment in a class of positions of the next lower class from which a
promotion is to be made. Further provides that employment counted toward seniority in the
next lower class shall include the aggregate of all temporary appointments, the working test
period, and employment as a regular and permanent employee in the class, less the aggregate
of suspensions without pay while serving in a position of the class.
Present law provides that any person who is appointed from a position in the classified
service to serve as deputy police chief or chief of administration of fire department does not
forfeit his "seniority" accumulated to the date of his appointment and continues to
accumulate "seniority" during the time he holds his position.
Proposed law instead provides that the deputy police chief does not forfeit his "departmental
or promotional seniority" and the chief of administration of fire does not forfeit his
"departmental seniority" accumulated to the date of appointment. Provides that the deputy
police chief continues to accumulate "departmental or promotional seniority" and the chief
of administration of fire continues to accumulate "departmental seniority" during the time
that each person holds his position.
Present law provides that demotions from any class, except for disciplinary action or because
of the abolition of an entire class, must be made by demoting employees from lowest to
highest in point of total "seniority" earned in positions of the class plus that earned in any
higher classes.
Proposed law instead provides that demotions must be made by demoting employees from
lowest to highest in point of total "departmental seniority". Proposed law adds an exception
for the Lake Charles Police Department. Provides that demotions, except for disciplinary
action or because of the abolition of an entire class, must be made by demoting employees
from the lowest to highest in point of total "promotional seniority" earned in positions of the
class plus that earned in any higher classes. Additionally provides that if two or more
employees share identical "promotional seniority" in a class, then those employees must
demoted in order of their "departmental seniority" with the demotion of the employee with
the least "departmental seniority" being demoted first amongst those with identical
"promotional seniority."
Present law, relative to any regular employee who resigns or retires from a position in the
classified service with the prior approval of the board, provides that any such employee may
be reemployed at any time after his resignation or retirement, but must be qualified for the
position to which he is reemployed. Requires that the person be reemployed with the
"seniority" accumulated through the date of reinstatement.
Proposed law instead requires that any such employee be reemployed with the "departmental
and promotional seniority" accumulated through the date of reinstatement. Otherwise retains
present law.
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Present law requires the names of persons attaining a passing score on a promotion test to
be placed on the promotion employment list for the class for which they were tested, from
highest to lowest, according to their total "seniority".
Proposed law instead requires the names of such persons to be placed on the promotion
employment list, from highest to lowest, according to their total "departmental seniority".
Proposed law adds an exception for the Lake Charles Police Department. Requires that
names be placed on the promotion employment list, from highest to lowest, according their
total "promotional seniority" in the next lower class. Additionally provides that if two or
more employees share identical promotional seniority in a class, then those employees must
be listed in order of their "departmental seniority", from highest to lowest, amongst those
with identical "promotional seniority".
Present law provides that departmental service in certain classified police positions,
including police headquarters desk service, jailer, police matron, and operations and
maintenance of radio, police alarm or signal system, cannot be counted by the municipal fire
and police civil service board of the city in determining the total "seniority" in the
departmental service of a person for purposes of ranking the name of that person on a
promotional employment list for classified police positions with certain duties or
responsibilities.
Proposed law instead provides that departmental service in these positions cannot be counted
toward total "departmental or promotional seniority".
Present law provides that promotions to vacant positions shall be filled by qualified
applicants in order of seniority in total departmental service.
Proposed law retains present law, but makes an exception for the Lake Charles Police
Department. Provides that when a vacant position in the department is filled by a promotion,
it shall be by qualified applicants in the order of "promotional seniority" in the next lower
rank. Provides that if two or more employees share identical promotional seniority in a
class, then those employees must be reinstated, or selected and appointed for promotion, in
order of their "departmental seniority" with the reinstatement or promotion being offered to
the employee with the greatest "departmental seniority" amongst those with identical
"promotional seniority".
Proposed law adds that the Lake Charles Police Department, whenever an entire class is
abolished in the classified service, the regular employees of the class shall be demoted to
lower classes and priority to positions shall be governed by total promotional seniority
earned in the class in the order of highest to lowest. Provides that if two or more employees
share identical promotional seniority in a class, then priority to positions amongst those
employees must be in order of their total departmental seniority in the order of highest to
lowest amongst those with identical promotional seniority.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 33:2473(20), 2481.4(C)(1), 2481.6(C)(1), 2488, 2490(E) and (F), 2491(D) and
(H), 2491.3(B), 2494(C), and 2498)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Local and Municipal
Affairs to the original bill
1. Adds definition of "promotional seniority".
2. Adds authority for the municipal civil service board for the Lake Charles
Police Department to maintain and generate employment lists based on
promotional seniority.
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Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Conforms provisions of present law to the proposed law changes providing
for the application of promotional seniority for the Lake Charles Police
Department.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Municipal, Parochial
and Cultural Affairs to the reengrossed bill:
1. Relative to demotions and promotions, provide that preference must be given to
persons with the greatest "departmental seniority" if two or more persons share
identical "promotional seniority".
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