Louisiana 2017 2017 Regular Session

Louisiana House Bill HB595 Comm Sub / Analysis

                    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, ยง15.1 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.
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)