Louisiana 2018 2018 Regular Session

Louisiana House Bill HB725 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 725 Original	2018 Regular Session	James
Abstract:  Relative to the positions of police chief and deputy police chief in certain municipalities,
provides that the positions are in the unclassified service.  Provides further with respect to
the right of selection, appointment, supervision, and discharge for such positions 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 positions of police chief and
deputy police chief in municipalities with a population of not less than 215,000 persons.  Provides
that the positions are in the unclassified service and provides that the right of selection, appointment,
supervision, and discharge for the positions 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 or deputy 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. Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 33:2481.7)