ENROLLED
ACT No. 667
2016 Regular Session
HOUSE BILL NO. 858
BY REPRESENTATIVE MONTOUCET
1 AN ACT
2 To amend and reenact R.S. 33:2476(C) and (H) and 2536(C) and (H), relative to the
3 municipal fire and police civil service board; to provide relative to the members of
4 the board; to provide relative to the appointment of such members; to provide a
5 judicial remedy for failure to appoint such members; and to provide for related
6 matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 33:2476(C) and (H) and 2536(C) and (H) are hereby amended and
9 reenacted to read as follows:
10 §2476. Municipal fire and police civil service boards
11 * * *
12 C.(1)(a) The first five members of a board shall be appointed by the
13 governing body of the municipality during the ninety-day period immediately
14 following the date that this Part takes effect in a municipality under R.S. 33:2471.
15 (b) If the governing body fails to appoint the members as required in
16 Subparagraph (a) of this Paragraph and the state examiner has given written
17 notification to the governing body of its failure to appoint such members, then the
18 governing board shall make the appointments within ninety days following such
19 notification.
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1 (c) If the governing body fails to make appointments as required in
2 Subparagraphs (a) and (b) of this Paragraph, then the state examiner shall seek a writ
3 of mandamus which shall lie to the court of original and unlimited jurisdiction in the
4 parish in which the office of state examiner is domiciled.
5 (2) The members of the board shall be appointed by the governing body as
6 follows:
7 (1)(a) One shall be appointed by the governing body upon its own
8 nomination.
9 (2)(a)(b)(i) Two members shall be appointed from a list of four nominees
10 that shall be furnished, within sixty days after the governing authority makes a
11 request by certified letter for such list, by the executive head of a legally chartered
12 and established four-year institution of higher education located within the
13 municipality; or, if there is no such institution in the municipality, by the executive
14 head of such an institution which is within the state and which is the most
15 geographically proximate to the municipality. However, if only two such four-year
16 institutions of higher education are located within the municipality, the head of each
17 of the two institutions shall furnish a list of two nominees and one member shall be
18 appointed from each such list.
19 (b)(ii) If a list of nominations is not submitted within sixty days after
20 submission of request for such list, such failure shall be considered a failure to
21 perform a ministerial duty required by law of a public official or corporate officer.
22 To this end, the district attorney for the parish in which the institution is located shall
23 provoke the issuance of a writ of mandamus to compel the official or officer to act
24 as provided by law.
25 (3)(a) Two members shall be appointed who shall be first nominated and
26 elected by and from the regular employees of the fire and police departments as
27 follows:
28 (i) One member shall be elected and appointed from the fire department, and.
29 (ii) one One member shall be elected and appointed from the police
30 department.
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1 (b)(i) The employee-nominee from each department shall be elected by
2 secret ballot of the regular employees of his respective department at an election to
3 be called and held for that purpose by the chief of the department.
4 (ii) If, after the close of nominations for the employee member for the
5 respective department, the name of only one regular employee has been placed in
6 nomination, that nominee shall be declared elected.
7 (iii) The If more than one name is placed in nomination, the chief of each
8 department shall call such an election within forty-five days after this Part takes
9 effect in the municipality by posting, for a fifteen day fifteen-day continuous period
10 immediately preceding the election, a notice thereof on the bulletin board of each
11 station house of his department; and,. The chief shall officially notify the governing
12 body of the municipality within the ten day ten-day period immediately following
13 the election, the name of the employee-nominee so elected by the regular employees
14 of his department. The chief of the department shall vote in the election only in the
15 case of a tied vote.
16 (4) Notwithstanding the provisions of Paragraph (3) of this Subsection, if
17 R.S. 33:2495.2 becomes applicable, only one member shall be elected from the city
18 of New Iberia municipal fire and police civil service system and one member shall
19 be appointed by the mayor of the city of New Iberia upon his own nomination,
20 provided that such exception is approved by resolution of the city of New Iberia
21 governing authority.
22 * * *
23 H. Any member of a board shall be liable to removal from office by
24 judgment of the district court of his domicile the court of original and unlimited
25 jurisdiction in civil suits of the parish wherein the board is domiciled for high crimes
26 and misdemeanors in office, incompetency, corruption, favoritism, extortion,
27 oppression in office, gross misconduct, or habitual drunkenness. The district attorney
28 of the district wherein the board member resides may institute such suit, and shall do
29 so is domiciled shall institute such suit upon the written request, specifying the
30 charges, of twenty-five citizens and taxpayers of the municipality of which the board
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1 member is a resident. The district attorney shall associate in the diligent prosecution
2 of such suit any attorney selected and employed by the citizens and taxpayers.
3 * * *
4 §2536. Fire and police civil service boards
5 * * *
6 C.(1)(a) The first five members of a board shall be appointed by the
7 governing body of the municipality, parish, or fire protection district, as the case may
8 be, during the ninety-day period immediately following the date that this Part takes
9 effect in a municipality, parish, or fire protection district under R.S. 33:2531.
10 (b) If the governing body fails to appoint the members as required in
11 Subparagraph (a) of this Paragraph and the state examiner has given written
12 notification to the governing body of its failure to appoint such members, then the
13 governing board shall make the appointments within ninety days following such
14 notification.
15 (c) If the governing body fails to make appointments as required in
16 Subparagraphs (a) and (b) of this Paragraph, then the state examiner shall seek a writ
17 of mandamus which shall lie to the court of original and unlimited jurisdiction in the
18 parish in which the office of state examiner is domiciled.
19 (2) The members of the board shall be appointed by the governing body as
20 follows:
21 (1)(a) One shall be appointed by the governing body upon its own
22 nomination.
23 (2)(a)(b)(i) Two members shall be appointed from a list of four nominees
24 which shall be furnished, within sixty days after the governing authority makes a
25 request by certified letter for such list, by the executive head of a regularly chartered
26 and established four-year institution of higher education located within the area
27 served; or, if there is no such institution in the area served, by the executive head of
28 such an institution which is within the state and which is the most geographically
29 proximate to the area served.
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1 (b)(ii) If a list of nominations is not submitted within sixty days after
2 submission of request for such list, such failure shall be considered a failure to
3 perform a ministerial duty required by law of a public official or corporate officer.
4 To this end, the district attorney for the parish in which the institution is located shall
5 provoke the issuance of a writ of mandamus to compel the official or officer to act
6 as provided by law.
7 (3)(a) Two members shall be appointed who shall be first nominated and
8 elected by and from the regular employees of the fire and police department as
9 follows:
10 (i) One member shall be elected and appointed from the fire department, and.
11 (ii) one One member shall be elected and appointed from the police
12 department.
13 (b)(i) The employee-nominee from each department shall be elected by
14 secret ballot of the regular employees of his respective department at an election to
15 be called and held for that purpose by the chief of the department.
16 (ii) If, after the close of nominations for the employee member for the
17 respective department, the name of only one regular employee has been placed in
18 nomination, that nominee shall be declared elected.
19 (iii) The If more than one name is placed in nomination, the chief of each
20 department shall call such an election within forty-five days after this Section takes
21 effect in the area affected by posting, for a fifteen day fifteen-day continuous period
22 immediately preceding the election, a notice thereof on the bulletin board of each
23 station house of his department; and,. The chief shall officially notify the governing
24 body of the area affected within the ten day ten-day period immediately following
25 the election, the name of the employee-nominee so elected by the regular employees
26 of his department. The chief of the department shall vote in the election only in the
27 case of a tie vote.
28 * * *
29 H. Any member of a board shall be liable to removal from office by
30 judgment of the district court of his domicile the court of original and unlimited
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1 jurisdiction in civil suits of the parish wherein the board is domiciled for high crimes
2 and misdemeanors in office, incompetency, corruption, favoritism, extortion,
3 oppression in office, gross misconduct, or habitual drunkenness. The district attorney
4 of the district wherein the board member resides may institute such suit, and shall do
5 so is domiciled shall institute such suit upon the written request, specifying the
6 charges, of twenty-five citizens and taxpayers of the municipality, parish or fire
7 protection district, as the case may be, of which the board member is a resident. The
8 district attorney shall associate in the diligent prosecution of such suit any attorney
9 selected and employed by the citizens and taxpayers.
10 * * *
11 Section 2. This Act shall become effective upon signature by the governor or, if not
12 signed by the governor, upon expiration of the time for bills to become law without signature
13 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
14 vetoed by the governor and subsequently approved by the legislature, this Act shall become
15 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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