RÉSUMÉ DIGEST
Act 243 (SB 38) 2015 Regular Session Johns
Prior law, relative to municipal fire and police civil service for municipalities with a
population between 13,000 and 250,000, defined "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.
New law provides that "departmental seniority" is defined as the term "seniority" was
defined in prior 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.
Prior law provided 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.
New 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.
Prior law, relative to any regular employee who resigns or retires from a position in the
classified service with the prior approval of the board, provided 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. Required that the person be reemployed with the
"seniority" accumulated through the date of reinstatement.
New law instead requires that any such employee be reemployed with the "departmental and
promotional seniority" accumulated through the date of reinstatement. Otherwise retains
prior law.
Prior law required 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".
New 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".
New 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 to their total
"promotional seniority" in the next lower class. Provides that if two or more persons share
an equal amount of identical promotional seniority, then those persons must be listed in
order of their "departmental seniority" from highest to lowest.
Prior law provided 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.
New law instead provides that departmental service in these positions cannot be counted
toward total "departmental or promotional seniority".
Prior law provided that promotions to vacant positions shall be filled by qualified applicants
in order of seniority in total departmental service. New law retains prior 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 persons possess an equal amount of identical promotional
seniority, 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".
New law adds that whenever an entire class is abolished in the classified service of the Lake
Charles Police Department, 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 persons share an
equal amount of identical promotional seniority, then those persons must be listed in order
of their "departmental seniority" from highest to lowest.
Effective upon signature of the governor (June 29, 2015).
(Amends R.S. 33:2473(20), 2481.4(C)(1), 2481.6(C)(1), 2490(E) and (F), 2491(D) and (H),
2491.3(B), 2494(C), and 2498)