Louisiana 2016 2016 Regular Session

Louisiana Senate Bill SB396 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 178 (SB 396) 2016 Regular Session	Johns
Prior law defined "promotional seniority" to mean the total cumulative employment in a class
of positions of the next lower class from that which a promotion is to be made less the
aggregate of suspension without pay while serving in a position of the class.  Prior law
provided that promotions within the Lake Charles and Lafayette police departments shall be
made by promotional seniority. 
New law provides that an employee who is finally discharged or resigns from his position
forfeits all accumulated seniority.  Provides that an employee who is suspended and returns
to his position immediately following the suspension does not forfeit his seniority
accumulated to the date of his suspension, but does not earn credit for the lost time in future
computations.
New law, regarding the Lake Charles Police Department, also adds that time an employee
spends serving in the armed forces of the United States on official training, active training
exercises and active duty deployment shall count toward promotional seniority and shall be
construed as continuous employment and unbroken by a resignation or discharge.
Prior law required the civil service boards to establish and maintain employment lists
containing names of person eligible for appointment to the various classes of positions in the
classified service. 
New law, regarding the Lake Charles Police Department, provides that an employee who is
a member of the armed forces of the US and is at an official training, active training exercise
or active duty deployment on the date a promotional test for which he is qualified and
eligible takes place shall have his name placed on the promotion employment list with
promotional seniority credit back to the original testing date provided the employee takes and
attains a passing score on a promotion test upon his return from training or active duty
deployment.  Provides that his name shall remain on the promotional employment list for 48
months following his attaining a passing score.
Prior law provided that admission to tests provided by the civil service board through the
state examiner shall be limited to regular employees of the class next lower that for which
they are to be examined.
New law adds that, regarding the Lake Charles Police Department, any employee who served
in the US armed forces upon his return from training or active duty deployment shall be
allowed admission to a promotional test he would have otherwise been qualified and eligible
for when the date the examination took place was during his official training, active training
exercise, or active duty deployment.
Prior law provided that, regarding the Lake Charles and Lafayette 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.  Provided that if
two or more persons possess an equivalent amount of promotional seniority, the names of
such persons shall be placed on the promotional list in the order of departmental seniority,
from highest or lowest. 
New law retains prior law and corrects the name of the list used when a class of positions are
abolished to the reinstatement list.
Effective August 1, 2016.
(Amends R.S. 33:2473(20)(b) and 2493(A)(1) and R.S. 33: 2491(D)(2) and 2498(C) both
as amended by Act 240 and 243 of the 2015 RS)