2016 Regular Session ENROLLED
SENATE BILL NO. 84
BY SENATOR GATTI AND REPRESENTATIVES ADAMS, AMEDEE, ARMES,
BAGLEY, BERTHELOT, BILLIOT, CHAD BROWN, TERRY
BROWN, COX, DAVIS, GISCLAIR, GLOVER, GUINN, HAZEL,
HODGES, HOFFMANN, HORTON, HOWARD, JACKSON, JENKINS,
ROBERT JOHNSON, LYONS, MAGEE, MONTOUCET, NORTON,
REYNOLDS, RICHARD, THIBAUT, WHITE, WILLMOTT AND
ZERINGUE
1 AN ACT
2 To amend and reenact Subparagraphs (b) and (c) of Paragraph 34 of Article XIV, Section
3 15.1 of the Louisiana Constitution of 1921, and R.S. 33:2504(B) and (C) and
4 2564(B) and (C), relative to municipal fire and police civil service; to provide
5 relative to classified employees; to provide for investigation of any such employee
6 for prohibited political activities; to provide for penalties; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Subparagraphs (b) and (c) of Paragraph 34 of Article XIV, Section 15.1
10 of the Louisiana Constitution of 1921 are hereby amended and reenacted to read as follows:
11 §15.1. Fire and police civil service; municipalities of 13,000 to 250,000
12 * * *
13 34. Political Activities Prohibited.
14 * * *
15 b. The appointing authority shall discharge from the service any employee
16 whom he deems guilty of violating any one or more of the provisions of this Section.
17 The board may, upon its own initiative, investigate any officer or employee in the
18 classified service whom it reasonably believes guilty of violating any one or more
19 of the provisions of this Section. The board shall, within thirty days after receiving
20 the written charges, hold a public hearing and investigation and determine whether
21 such charges are true and correct. If the board should find upon its investigation of
22 any employee that he has violated any of the foregoing provisions, the board shall
23 order the appointing authority to forthwith discharge the guilty employee from the
ACT No. 332
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1 service and the appointing authority shall forthwith discharge the employee conduct
2 an investigation of any person alleged to have violated a provision of this
3 Paragraph, unless a request by the appointing authority is made to the board
4 to conduct such an investigation. If as a result of such investigation the
5 employee is determined to be guilty of violating one or more provisions of this
6 Paragraph, he shall be suspended for thirty work days without pay for a first
7 violation and discharged for a second violation. However, any employee found
8 to have violated R.S. 33:2504(A)(4)(c) shall be terminated upon the
9 determination of such a violation. The board may, upon its own initiative or
10 upon the request of the appointing authority, investigate any officer or
11 employee in the classified service whom it reasonably believes guilty of violating
12 any one or more of the provisions. Any citizen, taxpayer, municipal officer, or
13 employee may file with the board detailed charges in writing against any
14 employee in the classified service for violating any provision of this Paragraph.
15 The board shall, within thirty days after receiving the written charges, hold a
16 public hearing and investigation and determine whether such charges are true
17 and correct. If the board finds, upon its investigation, that an employee has
18 violated any provision of this Paragraph, the board shall order the appointing
19 authority to suspend the employee without pay for thirty work days for a first
20 violation and mandate educational training on prohibited political activities. If
21 the board determines an employee has violated any provision of this Paragraph
22 for a second time, the board shall order the discharge of the employee from the
23 service, and the appointing authority shall discharge the employee.
24 c. Whoever violates this Section is found to have violated a provision of
25 this Paragraph twice shall be subject to the penalties provided in paragraph 37 R.S.
26 33:2507. In addition any employee in the classified service who is discharged
27 because of violating a foregoing provision of this Paragraph shall not again be
28 eligible for employment or public office in the classified service for a period of six
29 years from the time of his discharge.
30 * * *
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1 Section 2. R.S. 33:2504(B) and (C) and 2564(B) and (C) are hereby amended and
2 reenacted to read as follows:
3 §2504. Political activities prohibited
4 * * *
5 B. The appointing authority shall discharge from the service any employee
6 whom he deems guilty of violating any one or more of the provisions of this Section
7 conduct an investigation of any person alleged to have violated a provision of
8 this Section, unless a request by the appointing authority is made to the board
9 to conduct such an investigation. If as a result of such investigation the
10 employee is determined to be guilty of violating one or more provisions of this
11 Section, he shall be suspended for thirty work days without pay for a first
12 violation or discharged for a second violation. However, any employee found to
13 have violated Subparagraph (A)(4)(c) of this Section shall be terminated upon
14 the determination of a violation of the offense. The board may, upon its own
15 initiative, or upon the request of the appointing authority, investigate any officer
16 or employee in the classified service whom it reasonably believes guilty of violating
17 any one or more of the provisions. Any citizen, taxpayer, municipal officer, or
18 employee may file with the board detailed charges in writing against any employee
19 in the classified service for violating any one or more of the provisions of this
20 Section. The board shall, within thirty days after receiving the written charges, hold
21 a public hearing and investigation and determine whether such charges are true and
22 correct. If the board should find upon its investigation of any employee that he has
23 violated any of the foregoing provisions of this Section, the board shall order the
24 appointing authority to forthwith suspend the employee without pay for thirty
25 work days for a first violation and mandate educational training on prohibited
26 political activities. If the board determines an employee has violated any of the
27 provisions of this Section for a second time, the board shall order the discharge
28 the guilty of the employee from the service and the appointing authority shall
29 forthwith discharge the employee.
30 C. Whoever violates is found to have violated a provision of this Section
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1 twice shall be subject to the penalties provided in R.S. 33:2507. In addition any
2 employee in the classified service who is discharged because of violating a foregoing
3 provision of this Section shall not again be eligible for employment or public office
4 in the classified service for a period of six years from the time of his discharge.
5 * * *
6 §2564. Political activities prohibited
7 * * *
8 B. The appointing authority shall discharge from the service any employee
9 whom he deems guilty of violating any one or more of the provisions of this Section
10 conduct an investigation of any person alleged to have violated a provision of
11 this Section, unless a request by the appointing authority is made to the board
12 to conduct such an investigation. If as a result of such investigation the
13 employee is determined to be guilty of violating one or more provisions of this
14 Section, he shall be suspended for thirty work days without pay for a first
15 violation or discharged for a second violation. However, any employee found to
16 have violated Subparagraph (A)(4)(c) of this Section shall be terminated upon
17 the determination of a violation of the offense. The board may, upon its own
18 initiative, or upon the request of the appointing authority, investigate any officer
19 or employee in the classified service whom it reasonably believes guilty of violating
20 any one or more of the provisions of this Part. The board shall, within thirty days
21 after receiving the written charges, hold a public hearing and investigation and
22 determine whether such charges are true and correct. If the board should find upon
23 its investigation of any employee that he has violated any of the foregoing provisions
24 of this Section, the board shall order the appointing authority to forthwith suspend
25 the employee without pay for thirty work days for a first violation and mandate
26 educational training on prohibited political activities. If the board determines
27 an employee has violated any of the provisions of this Section for a second time,
28 the board shall order the discharge the guilty of the employee from the service and
29 the appointing authority shall forthwith discharge the employee.
30 C. Whoever violates is found to have violated this Part twice shall be
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1 subject to the penalties provided in R.S. 33:2567. In addition any employee in the
2 classified service who is discharged because of violating a foregoing provision of
3 this Section shall not again be eligible for employment or public office in the
4 classified service for a period of six years from the time of his discharge.
5 * * *
6 Section 3. The Louisiana State Law Institute is hereby authorized and directed to
7 change any and all references relative to the prohibition from political activity by an
8 employee in the classified service in current law, not already amended by Section 2 of this
9 Act, in the manner it deems appropriate in order to make those provisions consistent with
10 the provisions of Section 2 of this Act.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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