HLS 16RS-308 ENGROSSED
2016 Regular Session
HOUSE BILL NO. 157
BY REPRESENTATIVE ARMES
CIVIL SERVICE/FIRE & POL: Provides relative to the classified police service in the city
of DeRidder
1 AN ACT
2To amend and reenact R.S. 33:2533(20), 2541.1(C)(1), 2541.2(C)(1), 2550(E) and (F),
3 2551(4) and (8), 2551.1(A), 2554(C), and 2558, relative to the city of DeRidder; to
4 provide relative to the classified police civil service; to provide relative to
5 departmental and promotional seniority; to provide relative to the establishment and
6 maintenance of employment lists; to provide relative to the certification and
7 appointment of eligible persons; to provide relative to the abolition of classes; and
8 to provide for related matters.
9 Notice of intention to introduce this Act has been published
10 as provided by Article III, Section 13 of the Constitution of
11 Louisiana.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. R.S. 33:2533(20), 2541.1(C)(1), 2541.2(C)(1), 2550(E) and (F), 2551(4)
14and (8), 2551.1(A), 2554(C), and 2558 are hereby amended and reenacted to read as follows:
15 §2533. Definitions
16 The following words and phrases, when used in this Part, shall have the
17 following meaning unless the context clearly requires otherwise:
18 * * *
19 20. "Seniority" means the following:
20 (a) "Departmental seniority" means the total employment computed for an
21 employee beginning with the last date on which he was regularly and permanently
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1 appointed and has worked continuously, to and including the date of computation.
2 Time during which an employee has served in the armed forces of the United States
3 subsequent to May 1, 1940 shall be construed to mean continuous service and shall
4 be included in the computation of his seniority. Total departmental seniority in the
5 departmental service, including positions of any and all classes, or seniority in any
6 one or more given classes, may be computed for an employee, but in either case
7 employment shall be continuous and unbroken by a resignation or discharge of the
8 respective employee. An employee who is finally discharged or resigns from his
9 position shall forfeit all accumulated departmental seniority. An employee who is
10 suspended and returns to his position immediately following the expiration of his
11 suspension shall not forfeit his departmental seniority accumulated to the date of his
12 suspension, but he shall not be given credit for the lost time at any future
13 compensation.
14 (b) "Promotional seniority" means the total cumulative employment in a
15 class of positions of the next lower class from which a promotion is to be made.
16 Employment counted toward seniority in the next lower class shall include the
17 aggregate of all temporary appointments, the working test period, and employment
18 as a regular and permanent employee in the class less the aggregate of suspensions
19 without pay while serving in a position of the class. The appointing authority shall
20 maintain accurate records of appointments and suspensions and shall report such
21 appointments and suspensions to the board in strict compliance with R.S. 33:2563.
22 * * *
23 §2541.1. Deputy chief of police; competitive appointment
24 * * *
25 C.(1) Any person who is appointed from a position in the classified police
26 service to serve as deputy chief of police shall not forfeit his departmental or
27 promotional seniority accumulated to the date of his appointment, and he shall
28 continue to accumulate departmental or promotional seniority in accordance with the
29 provisions of this Part during the time he holds the position of deputy chief of police.
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1 The deputy chief of police shall serve indefinitely in the classified competitive
2 position and shall be evaluated every three years by the chief of police. After each
3 evaluation by the chief of police, the chief may reconfirm the deputy chief for
4 another three year period, or may, at his discretion, demote the deputy chief to his
5 former class of positions.
6 * * *
7 §2541.2. Chief of administration of fire department; competitive appointment
8 * * *
9 C.(1) Any person who is appointed from a position in the classified fire
10 service to serve as chief of administration of fire department shall not forfeit his
11 departmental seniority accumulated to the date of his appointment, and he shall
12 continue to accumulate departmental seniority in accordance with the provisions of
13 this Part during the time he holds the position of chief of administration of fire
14 department.
15 * * *
16 §2550. Reinstatement and reemployment
17 * * *
18 E. Any regular employee who resigns or retires from a position in the
19 classified service may, with the prior approval of the board, be reemployed in a
20 position of the class in which he was employed immediately preceding his
21 resignation or retirement or in a position in any lower class. Any such employee
22 may be reemployed at any time after his resignation or retirement, but he shall be
23 qualified for the position to which he is reemployed. In addition, the employee shall
24 be reemployed with the departmental and promotional seniority accumulated through
25 the date of reinstatement; however, a regular employee shall be reemployed as
26 provided in this Subsection only if his resignation or retirement occurred as a result
27 of the employee being unable to perform the essential functions of his job upon
28 sustaining any injury that is compensable pursuant to the provisions of Chapter 10
29 of Title 23 of the Louisiana Revised Statutes of 1950.
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1 F. Any regular employee who retires from a position in the classified fire
2 service as a result of an injury or a medical condition which prevents him from
3 performing the essential functions of his job, may, with the prior approval of the
4 board, be reemployed in a position of the class in which he was employed
5 immediately preceding his retirement or in a position in any lower class. Any such
6 employee may be reemployed at any time after his retirement, but he shall be
7 qualified for the position to which he is reemployed and be able to perform the
8 essential functions of the position. In addition, the employee shall be reemployed
9 with the departmental and promotional seniority accumulated through the date of
10 retirement. This Subsection shall not be applicable to employees whose injury or
11 medical condition resulted from their own negligent or intentional act.
12 * * *
13 §2551. Establishment and maintenance of employment lists
14 The board shall establish and maintain lists containing names of persons
15 eligible for appointment to the various classes of positions in the classified service
16 as follows:
17 * * *
18 (4)(a) Names Except as provided for in Subparagraph (b) of this Paragraph,
19 names of persons attaining a passing score on a promotion test shall be placed upon
20 the promotion employment list for the class for which they were tested, from highest
21 to lowest, according to their total departmental seniority in the departmental service.
22 The names of persons attaining a passing score on a competitive test shall be placed
23 upon the competitive employment list for the class for which they were tested, from
24 highest to lowest, according to their final test scores.
25 (b) Names of persons attaining a passing score on the promotional test in the
26 DeRidder Police Department shall be placed on the promotion employment list for
27 the class for which they were tested, from highest to lowest, according to their total
28 promotional seniority in the next lower class. If two or more persons possess an
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1 equal amount of promotional seniority, the names of those persons shall be placed
2 on the promotional list in the order of departmental seniority, from highest to lowest.
3 * * *
4 (8)(a) When Except as provided in Subparagraph (b) of this Paragraph, when
5 new names are to be placed upon a promotion list for a given class, the remaining
6 names thereon shall be re-arranged with the new names so that all names appearing
7 upon the list for the class shall rank, from highest to lowest, according to total
8 departmental seniority in the departmental service.
9 (b) When new names are to be placed on a promotion list for a given class
10 in the DeRidder Police Department, the remaining names thereon shall be rearranged
11 with the new names so that all names appearing on the list for the class shall rank,
12 from highest to lowest, according to total promotional seniority in the next lower
13 class from which the promotion list is established. If two or more persons possess
14 an equal amount of promotional seniority, the names of those persons shall be placed
15 on the promotional list in the order of departmental seniority, from highest to lowest.
16 (c) When new names are to be placed upon a competitive list for a given
17 class, the remaining names thereon shall be re-arranged with the new names so that
18 all names appearing upon the list for the class shall rank, from highest to lowest,
19 according to their final test scores.
20 * * *
21 §2551.1. Promotional employment lists; limitations
22 A. Notwithstanding the provisions of R.S. 33:2551, departmental service in
23 any classified police position with the primary duty or responsibility of police
24 headquarters desk service, jailer, police matron, operations and maintenance of radio,
25 police alarm or signal system, automotive or police apparatus repairs, secretary to
26 the chief, or department records clerk shall not be counted by the municipal fire and
27 police civil service board in determining the total departmental or promotional
28 seniority in the departmental service of a person for purposes of ranking the name
29 of that person on a promotional employment list for a classified police position with
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1 the primary duty or responsibility of law enforcement, a position as chief or assistant
2 chief, or a position as an intradepartmental division, bureau, squad, platoon, or
3 company officer of the police department.
4 * * *
5 §2554. Certification and appointment
6 * * *
7 C.(1) In the event a vacancy cannot be filled by reinstatement or by re-
8 employment as above provided, the board next shall certify the names of the persons
9 upon the promotional list, in the order in which they appear thereon, for the class in
10 which the vacancy is to be filled. The appointing authority shall select and appoint
11 to the first vacancy to be filled the one person certified to it who has the greatest
12 seniority in the departmental service. Any remaining positions to be filled in the
13 same class shall be filled by appointing to each such successive vacancy the one of
14 the remaining persons certified therefor who has the next highest seniority in the
15 departmental service. If any one or more persons so certified should refuse the
16 appointment, the appointing authority shall then select and appoint one of the
17 persons certified by the board with the next highest seniority in the department
18 service. This procedure shall be followed until the position has been filled by
19 appointment of the one person who has the greatest seniority in the departmental
20 service who is willing to accept the appointment, or until each person whose name
21 appears upon the list has in this order been certified and offered the appointment for
22 the vacancy.
23 (2) Notwithstanding any other provision of law to the contrary, in the city
24 of DeRidder a vacant position in the police department shall be filled in the
25 following manner:
26 (a) If a vacancy cannot be filled by reinstatement, or by reemployment as
27 provided in Subsections A and B of this Section, the board shall next certify the
28 names of the persons on the promotional list, in the order in which they appear
29 thereon, for the class in which the vacancy is to be filled.
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1 (b) The appointing authority shall select and appoint to the first vacancy to
2 be filled the one person certified to him who has the greatest promotional seniority
3 in the next lower rank. Any remaining positions to be filled in the same class shall
4 be filled by appointing to each such successive vacancy the one of the remaining
5 persons certified therefor who has the next highest promotional seniority in the next
6 lower class.
7 (c) If any one or more persons so certified should refuse the appointment, the
8 appointing authority shall then select and appoint one of the persons certified by the
9 board with the next highest promotional seniority in the next lower class. This
10 procedure shall be followed until the position has been filled by appointment of the
11 one person who has the greatest promotional seniority in the next lower class and
12 who is willing to accept the appointment or until each person whose name appears
13 on the list has in this order been certified and offered an appointment to the vacancy.
14 (d) If two or more persons possess an equal amount of promotional seniority,
15 those persons shall be reinstated or listed on the promotional list and offered
16 promotions in the order of departmental seniority, from highest to lowest.
17 * * *
18 §2558. Abolition of positions in the classified service
19 A. Whenever the appointing authority abolishes a position in the classified
20 service and there is no position vacant in the respective class to which the regular
21 employee of the abolished position may be transferred, the employee shall be
22 transferred to any position of the same class which may be held by a provisional
23 employee. If there is no such position, he shall be transferred to another position in
24 the respective class, and the holder of that position thereupon shall be demoted in the
25 order provided by R.S. 33:2548.
26 B. Notwithstanding any other provision of law to the contrary, if an entire
27 class in the DeRidder Police Department is abolished in the classified service, the
28 regular employees of the class shall be demoted to lower classes and priority to
29 positions shall be governed by the total promotional seniority earned in the class,
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1 from highest to lowest. If two or more persons possess an equal amount of
2 promotional seniority, the names of such persons shall be placed on the promotional
3 list in the order of departmental seniority, from highest to lowest.
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)]
HB 157 Engrossed 2016 Regular Session Armes
Abstract: Establishes promotional seniority within classes of positions in the classified
police service of the city of DeRidder.
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, §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 the system applicable to municipalities with a population of fewer
than 13,000, but not fewer than 7,000 persons, provides that "seniority" refers to the period
of continuous employment in the department.
Proposed law defines the term "seniority" to mean "departmental seniority" and
"promotional seniority". Defines "departmental seniority" to mean the same as the term
"seniority" as defined by present law. Defines "promotional seniority" to mean the total
cumulative employment in a class of positions of the next lower class from which a
promotion is to be made. Specifies further relative to employment counted toward seniority
in the next lower 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 the 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 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 the fire department continues to accumulate "departmental seniority"
during the time that each person holds his position.
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 the 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
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"seniority" accumulated through the date of reinstatement. Proposed law requires that the
employee be reemployed with the "departmental and promotional seniority" accumulated
through the date of reinstatement or retirement.
Present law provides that a municipal fire and police civil service board is created in the
municipal government. Requires the board to establish and maintain employment lists
containing the names of persons eligible for appointment to various classes of positions in
the classified service. Requires that names of persons attaining a passing score on a
promotion test be placed on the promotion employment list for the tested class, from highest
to lowest, according to their total "departmental seniority". When new names are to be
placed on a promotion list for a given class, the remaining names must be arranged in the
same manner according to "departmental seniority".
Proposed law retains present law but provides an exception for the DeRidder Police Dept.
by requiring that names be placed on the promotion employment list for the tested class,
from highest to lowest, according to their "promotional seniority". If two or more persons
possess an equal amount of "promotional seniority", then the names must be placed on the
promotion employment list, from highest to lowest, according to "departmental seniority".
When new names are to be placed on a promotion employment list for a given class, the
remaining names must be arranged in the same manner.
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 provides that departmental service in these positions cannot
be counted toward total "departmental or promotional seniority".
Present law requires that promotions to vacant positions be filled by reinstatement or
reemployment. If the position cannot be filled in this manner, then the position must be
filled by the person with the greatest seniority in departmental service.
Proposed law makes an exception for the DeRidder Police Dept. as follows:
(1)If a vacancy cannot be filled by reinstatement or reemployment then the names of
persons on the promotional list are to be certified in the order in which they appear
on the list for the class in which the vacancy is to be filled.
(2)Appointment for the first vacancy is to be made with the person having the greatest
"promotional seniority" in the next lower rank. Remaining positions to be filled are
to be filled by appointing to each succeeding vacancy, the person who is certified to
have the next highest "promotional seniority" in the next lower class.
(3)If an appointment is refused then the person certified with the next highest
"promotional seniority" in the next lower class is to be selected.
(4)If two or more persons possess an equal amount of "promotional seniority" in a class,
then those employees are to be placed on the promotional list in order of their
"departmental seniority" from highest to lowest.
Proposed law, relative to the abolition of an entire class in the classified police service of the
city of DeRidder, requires that employees be demoted to lower classes and priority to
positions be governed by total "promotional seniority" earned in the class in the order of
highest to lowest. Provides that if two or more employees possess an equal amount of
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promotional seniority, the names of those persons must be placed on the promotional list in
order of "departmental seniority", from highest to lowest.
(Amends R.S. 33:2533(20), 2541.1(C)(1), 2541.2(C)(1), 2550(E) and (F), 2551(4) and (8),
2551.1(A), 2554(C), and 2558)
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