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2016 Regular Session
SENATE BILL NO. 84
BY SENATOR GATTI
CIVIL SERVICE. Provides relative to the sanctions for engaging in political activities for
civil service employees. (8/1/16)
1 AN ACT
2 To amend and reenact R.S. 33:2504 (B) and (C) and 2564(B) and (C), relative to civil
3 service; to provide relative to civil service employees; to provide for investigation
4 of civil service employee violations; to provide for a public hearing; and to provide
5 for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 33:2504(B) and (C) and 2564(B) and (C) are hereby amended and
8 reenacted to read as follows:
9 §2504. Political activities prohibited
10 * * *
11 B. The appointing authority shall discharge from the service any employee
12 whom he deems guilty of violating any one or more of the provisions of this Section
13 conduct an investigation of any person alleged to have violated a provision of
14 this Section, unless a request by the appointing authority is made to the board
15 to conduct such an investigation. If as a result of such investigation the
16 employee is determined to be guilty of violating one or more provisions of this
17 Section, he shall be suspended for thirty work days without pay for a first
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1 violation or discharged for a second violation. However, any employee found to
2 have violated Subparagraph (A)(4)(c) of this Section shall be terminated upon
3 the determination of a violation of the offense. The board may, upon its own
4 initiative, or upon the request of the appointing authority, investigate any officer
5 or employee in the classified service whom it reasonably believes guilty of violating
6 any one or more of the provisions. Any citizen, taxpayer, municipal officer, or
7 employee may file with the board detailed charges in writing against any employee
8 in the classified service for violating any one or more of the provisions of this
9 Section. The board shall, within thirty days after receiving the written charges, hold
10 a public hearing and investigation and determine whether such charges are true and
11 correct. If the board should find upon its investigation of any employee that he has
12 violated any of the foregoing provisions of this Section, the board shall order the
13 appointing authority to forthwith suspend the employee without pay for thirty
14 work days for a first violation and mandate educational training on prohibited
15 political activities. If the board determines an employee has violated any of the
16 provisions of this Section for a second time, the board shall order the discharge
17 the guilty of the employee from the service and the appointing authority shall
18 forthwith discharge the employee.
19 C. Whoever violates is found to have violated a provision of this Section
20 twice shall be subject to the penalties provided in R.S. 33:2507. In addition any
21 employee in the classified service who is discharged because of violating a foregoing
22 provision of this Section shall not again be eligible for employment or public office
23 in the classified service for a period of six years from the time of his discharge.
24 * * *
25 §2564. Political activities prohibited
26 * * *
27 B. The appointing authority shall discharge from the service any employee
28 whom he deems guilty of violating any one or more of the provisions of this Section
29 conduct an investigation of any person alleged to have violated a provision of
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1 this Section, unless a request by the appointing authority is made to the board
2 to conduct such an investigation. If as a result of such investigation the
3 employee is determined to be guilty of violating one or more provisions of this
4 Section, he shall be suspended for thirty work days without pay for a first
5 violation or discharged for a second violation. However, any employee found to
6 have violated Subparagraph (A)(4)(c) of this Section shall be terminated upon
7 the determination of a violation of the offense. The board may, upon its own
8 initiative, or upon the request of the appointing authority, investigate any officer
9 or employee in the classified service whom it reasonably believes guilty of violating
10 any one or more of the provisions of this Part. The board shall, within thirty days
11 after receiving the written charges, hold a public hearing and investigation and
12 determine whether such charges are true and correct. If the board should find upon
13 its investigation of any employee that he has violated any of the foregoing provisions
14 of this Section, the board shall order the appointing authority to forthwith suspend
15 the employee without pay for thirty work days for a first violation and mandate
16 educational training on prohibited political activities. If the board determines
17 an employee has violated any of the provisions of this Section for a second time,
18 the board shall order the discharge the guilty of the employee from the service and
19 the appointing authority shall forthwith discharge the employee.
20 C. Whoever violates is found to have violated this Part twice shall be
21 subject to the penalties provided in R.S. 33:2567. In addition any employee in the
22 classified service who is discharged because of violating a foregoing provision of
23 this Section shall not again be eligible for employment or public office in the
24 classified service for a period of six years from the time of his discharge.
25 * * *
26 Section 2. The Louisiana State Law Institute is hereby authorized and directed to
27 change any and all references relative to the prohibition from political activity by an
28 employee in the classified service in current law, not already amended by Section 1 of this
29 Act, in the manner it deems appropriate in order to make those provisions consistent with
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1 the provisions of Section 1 of this Act.
The original instrument was prepared by J. Ashley Mitchell Carter. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Tim Prather.
DIGEST
SB 84 Reengrossed 2016 Regular Session Gatti
Present law provides that the appointing authority will discharge from service any employee
whom he deems guilty of violating any one or more of the provisions of present law. The
civil service board (board) may, upon its own initiative, investigate any officer or employee
in the classified service whom it reasonably believes guilty of violating any one or more of
the provisions of present law. Any citizen, taxpayer, municipal officer, or employee may
file with the board detailed charges in writing against any employee in the classified service
for violating any one or more of the provisions of present law.
Present law provides that the board will, within 30 days after receiving the written charges,
hold a public hearing and investigation and determine whether such charges are true and
correct. If the board finds upon its investigation of any employee that he has violated any
of the provisions of present law, the board will order the appointing authority to discharge
the guilty employee from the service and the appointing authority will discharge the
employee.
Present law provides that whoever violates present law will be subject to the penalties
provided in present law. In addition any employee in the classified service who is discharged
because of violating present law will not be eligible for employment or public office in the
classified service for a period of six years from the time of his discharge.
Proposed law provides that the appointing authority will conduct an investigation of any
person alleged to have violated present law, unless a request by the appointing authority is
made to the board to conduct such an investigation. If as a result of such investigation the
employee is determined to be guilty of violating one or more provisions of present law, he
will be suspended for 30 work days without pay for a first violation or discharged for a
second violation. However, any employee found to have violated present law, relative to
being a candidate for nomination or election to public office, will be terminated upon the
determination of a violation of the offense.
Proposed law provides that the board may, upon its own initiative, or upon the request of the
appointing authority, investigate any officer or employee in the classified service whom it
reasonably believes guilty of violating any one or more of the provisions of present law. Any
citizen, taxpayer, municipal officer, or employee may file with the board detailed charges
in writing against any employee in the classified service for violating any one or more of the
provisions of present law.
Proposed law provides that the board will, within 30 days after receiving the written charges,
hold a public hearing and investigation and determine whether such charges are true and
correct. If the board should find upon its investigation of any employee that he has violated
any of the provisions of present law, the board will order the appointing authority to suspend
the employee without pay for 30 work days for a first violation and mandate educational
training on prohibited political activities. If the board determines an employee has violated
any of the provisions of present law a second time, the board will order the discharge of the
employee from the service and the appointing authority will discharge the employee.
Proposed law provides that whoever is found to have violated present law twice will be
subject to the penalties provided in proposed law. In addition, any employee in the classified
service who is discharged because of violating present law will not again be eligible for
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employment or public office in the classified service for a period of six years from the time
of his discharge.
Effective August 1, 2016.
(Amends R.S. 33:2504(B) and (C) and 2564(B) and (C))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Senate and
Governmental Affairs to the original bill
1. Provides that an appointing authority will conduct an investigation of any
civil servant violating present law, unless the appointing authority requests
the civil service board to conduct the investigation.
2. Provides penalties for first and second violations of present law.
3. Provides for termination of any civil servant for being a candidate for
nomination or election to public office.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.