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 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.