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 346 Reengrossed 2019 Regular Session Horton
Abstract: Specifies types of political activities allowable for an employee in the classified fire and
police civil service system.
Present constitution (Art. X, §20) provides that Article XIV, Section 15.1, Paragraph 34 of the
Constitution of 1921 is retained and continued in force and effect.
Art. XIV, §15.1, Paragraph 34 of the Constitution of 1921 provides that employees in the classified
fire and police civil service in certain municipalities, parishes, and fire protection districts are
prohibited from participating in certain political activities. Provides for prohibitions pertaining to
endorsements; membership in political parties, clubs, or organizations; contributions to political
organizations or for political purposes; and political speeches or public political statements on behalf
of any candidate seeking to be elected to public office. Specifically allows a classified employee to
privately express his opinion and cast his vote.
Proposed constitutional amendment removes the provisions of the present constitution and provides
for prohibited and permissible political activities as follows:
(1)Prohibits an employee in the classified service of a fire and police civil service system from:
(a)Being a candidate for nomination or election to public office except to seek to be the
classified employee member on the civil service board.
(b)Using official authority to interfere with an election or while engaged in political
activity.
(c)Inviting subordinate employees to political events or otherwise suggest that a
subordinate employee engage in political activity.
(d)Soliciting or discouraging the political activity of any person with business before his
agency.
(e)Soliciting, accepting, or receiving contributions for political purposes.
(f)Engaging in political activity while on duty, in the workplace, wearing a uniform or
official insignia, in a public vehicle, or using public resources. (2)Allows an employee in the classified service of a fire and police civil service system to:
(a)Register and vote as he chooses.
(b)Assist in voter registration drives when off duty, when out of uniform, and only using
private resources.
(c)Make contributions for political purposes.
(d)Attend political rallies, meetings, and fundraisers when off duty and out of uniform.
(e)Join political groups.
(f)Sign nominating petitions.
(g)Participate in political campaigns when off duty, when out of uniform, and only using
private resources.
(h)Express opinions about political groups and candidates while not at work or on duty
or using official authority.
Proposed constitutional amendment provides that in accordance with the laws, rules, and regulations
of the civil service system, an appointing authority may dismiss from service, demote, or reduce the
compensation of any employee found to be in violation of the prohibitions against political activity.
Proposed constitutional amendment further prohibits an appointing authority or agent or deputy
thereof from demoting, suspending, dismissing from service, or otherwise disciplining or threatening
to do such things, or discriminating against any person in the classified service for the purpose of
influencing his vote, support, or other political activity in any election. Prohibits an appointing
authority or agent or deputy thereof from using his official authority or influence to directly or
indirectly coerce the political action of any employee in the classified service.
Proposed constitutional amendment further specifies that any provision of law which is in conflict
with the provisions of the proposed constitutional amendment shall expire upon the effective date
of the proposed constitutional amendment.
Provides for submission of the proposed amendment to the voters at the statewide election to be held
Oct. 12, 2019.
(Amends Const. Art. X, §20)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the original bill: 1. Change the term "discharge" to the phrase "dismiss from service".
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
engrossed bill:
1. Make a technical amendment to the ballot language.