HLS 17RS-468 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 595
BY REPRESENTATIVE JAMES
CIVIL SERVICE/FIRE & POL: Provides that the position of police chief in the city of
Baton Rouge is in the unclassified service
1 AN ACT
2To enact R.S. 33:2481.7, relative to the municipal police civil service; to provide relative to
3 the position of police chief in the city of Baton Rouge; to provide that such position
4 is in the unclassified service; to provide relative to the appointment, supervision, and
5 discharge of any person in any such position; to provide relative to resignation from
6 and return to the classified service; and to provide for related matters.
7 Notice of intention to introduce this Act has been published
8 as provided by Article III, Section 13 of the Constitution of
9 Louisiana.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 33:2481.7 is hereby enacted to read as follows:
12 §2481.7. Police chief; city of Baton Rouge; unclassified service
13 A. Notwithstanding any provision of law to the contrary, the position of
14 chief of police for the city of Baton Rouge is in the unclassified service, and the right
15 of selection, appointment, supervision, and discharge for such position is vested in
16 the mayor of the city.
17 B. Any person who resigns from a position in the classified service to accept
18 an appointment as chief of police shall not forfeit his seniority accumulated to the
19 date of his resignation, but he shall not accumulate seniority during the time he is not
20 in the classified service. If any such person resigns from the position of chief of
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-468 ORIGINAL
HB NO. 595
1 police or is terminated for any reason other than malfeasance in office, he shall be
2 eligible to be reemployed to the same position in the classified service in which he
3 was employed immediately preceding his resignation from the classified service. If
4 the position has been filled or no longer exists, then his employer shall employ him
5 in a comparable position.
6 C. The provisions of this Section are not applicable to any person appointed
7 to the position of chief of police prior to January 1, 2017.
8 Section 2. This Act shall become effective upon signature by the governor or, if not
9signed by the governor, upon expiration of the time for bills to become law without signature
10by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
11vetoed by the governor and subsequently approved by the legislature, this Act shall become
12effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 595 Original 2017 Regular Session James
Abstract: Relative to the position of police chief in the city of Baton Rouge, provides that
the position is in the unclassified service. Provides further with respect to the right
of selection, appointment, supervision, and discharge for such position and provides
relative to the resignation from and return to the classified service.
Present constitution creates a fire and police civil service system applicable to municipalities
of over 13,000 in population and parishes and fire protection districts. Provides that the
system is subject to Art. XIV, §15.1 of the 1921 constitution made statutory by the 1974
constitution.
Present law creates and provides for two fire and police civil service systems: (1) one
applicable to any municipality which operates paid police and fire departments and which
has a population of not fewer than 13,000 persons; and (2) one applicable to any parish, fire
protection district, or municipality with a population of fewer than 13,000, but not fewer
than 7,000 persons.
Proposed law retains present law.
Present law relative to both systems, provides that the classified service shall comprise every
position, except those in the unclassified service to which the right of employee selection,
appointment, supervision, and discharge is vested in the municipal government. Provides
that the positions of fire chief and police chief shall be in the classified service. Provides
further with respect to which positions are in the classified and unclassified service.
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-468 ORIGINAL
HB NO. 595
Proposed law retains present law but provides an exception for the position of police chief
in the city of Baton Rouge. Provides that such position is in the unclassified service and
provides that the right of selection, appointment, supervision, and discharge for such position
is vested in the mayor.
Proposed law provides that any person who resigns from a position in the classified service
to be appointed police chief shall not forfeit his seniority accumulated to the date of his
resignation. Provides that no such person shall accumulate seniority during the time he is not
in the classified service. Further provides that if any such person resigns from such position
or is terminated for any reason other than malfeasance in office, he shall be eligible to be
reemployed to the same position in the classified service in which he was employed
immediately preceding his resignation from the classified service. Provides that if the
position has been filled or no longer exists, then his former employer shall employ him to
a comparable position.
Proposed law provides that proposed law is not applicable to any person appointed police
chief prior to Jan. 1, 2017.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:2481.7)
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.