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 858 Original 2016 Regular Session Montoucet
Abstract: Provides relative to the appointment of members of the municipal fire and police civil
service board.
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 a municipal fire and police civil service board
is created in the municipal government. Provides that the board is composed of five members who
shall serve without compensation. Requires that the first five members of a board be appointed by
the governing body during the 90 day period immediately following the date that present law takes
effect.
Proposed law retains present law additionally provides that if the governing body fails to appoint the
members and the state examiner has given written notification to the governing body of its failure
to appoint such members, then the governing board must make the appointments within 90 days
following the notification. Requires the state examiner, if the governing body fails to make
appointments as required by present law, to seek a writ of mandamus which will lie to the court of
original and unlimited jurisdiction in the parish in which the office of state examiner is domiciled.
Present law, relative to the two members who shall be first nominated and elected by and from the
regular employees of the fire and police departments, requires that such members be elected by secret
ballot of the regular employees of their respective departments at an election to be called and held
for that purpose by the chief of the department.
Proposed law retains present law but additionally provides that if, after the close of nominations, the
name of only one regular employee has been placed in nomination, then that nominee shall be
declared elected. Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 33:2476(C) and 2536(C))