HLS 19RS-605 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 438
BY REPRESENTATIVE JAMES
CIVIL SERVICE/FIRE & POL: Provides relative to the classified police service in the city
of Baton Rouge
1 AN ACT
2To enact R.S. 33:2494(C)(4), relative to the city of Baton Rouge; to provide relative to the
3 classified police service; to provide relative to the certification and appointment of
4 eligible persons; and to provide for related matters.
5 Notice of intention to introduce this Act has been published
6 as provided by Article III, Section 13 of the Constitution of
7 Louisiana.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 33:2494(C)(4) is hereby enacted to read as follows:
10 §2494. Certification and appointment
11 * * *
12 C.
13 * * *
14 (4) Notwithstanding any other provision of law to the contrary, in the city
15 of Baton Rouge a vacant position in the police department shall be filled in the
16 following manner:
17 (a) If a vacancy cannot be filled by reinstatement or by reemployment as
18 provided in Subsections A and B of this Section, the board shall next certify the
19 names of the persons on the promotional list, in the order in which they appear
20 thereon, for the class in which the vacancy is to be filled.
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1 (b) The board may establish a committee to conduct interviews of the
2 persons who are among the ten highest in departmental seniority. The committee
3 shall establish policies and procedures for conducting such interviews and may
4 consider other qualifications, in addition to test scores, in evaluating any such
5 person. The committee shall recommend to the appointing authority the person it
6 deems best qualified to fill a vacancy.
7 (c) The appointing authority shall select and appoint to any vacancy to be
8 filled a person certified to him whose name appears on the promotional list for the
9 class for which he was tested as a person who is among the ten highest in
10 departmental seniority. The appointing authority shall not be required to appoint a
11 person who has been recommended by the committee, but if the board has
12 established a committee, no appointment shall be made until after the committee has
13 submitted a recommendation to the appointing authority.
14 (d) A person certified to the appointing authority who, because of work-
15 related illness, injury, or incapacity, is unable to immediately begin a working test
16 may be appointed in accordance with the provisions of this Paragraph. However, the
17 working test shall be immediately interrupted and shall not commence until the
18 employee fully recovers and returns to full duty. If the employee fails to recover and
19 return to full duty within six months of the date of his appointment, the board shall
20 declare him ineligible to continue therein, and the appointment shall be made to one
21 of the remaining persons certified to the appointing authority. Any such person
22 appointed in accordance with R.S. 33:2496(2) to substitute for the absent employee
23 during the period of interrupted working test shall have such time counted toward his
24 twelve-month working test period.
25 * * *
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HB NO. 438
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 438 Original 2019 Regular Session James
Abstract: Relative to the classified police service in the city of Baton Rouge, changes the
method of appointment for filling vacancies in the promotional class.
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 the system applicable to municipalities with a population of not
fewer than 13,000, provides that "departmental seniority" refers to the period of continuous
employment in the department. Defines "promotional seniority" to mean the total
cumulative employment in a class of positions of the next lower class from which a
promotion is to be made. Specifies further relative to employment counted toward seniority
in the next lower class.
Present law, relative to both systems, provides that a municipal fire and police civil service
board is created in the municipal, parish, and fire protection government. Requires the board
to establish and maintain employment lists containing the names of persons eligible for
appointment to various classes of positions in the classified service. Requires that names of
persons attaining a passing score on a promotion test be placed on the promotion
employment list for the tested class, from highest to lowest, according to their total
"departmental seniority". When new names are to be placed on a promotion list for a given
class, the remaining names must be arranged in the same manner according to "departmental
seniority".
Present law requires that promotions to vacant positions be filled by reinstatement or
reemployment. If the position cannot be filled in this manner, then the position must be
filled by the person with the greatest seniority in departmental service. Present law provides
exceptions for certain police departments by requiring that vacant positions be filled by the
person with the greatest promotional seniority.
Proposed law retains present law but provides an additional exception applicable to the city
of Baton Rouge. Authorizes the board to establish a committee to conduct interviews of
persons who are among the 10 highest in departmental seniority. Authorizes the board, in
evaluating persons eligible for appointment, to consider other qualifications in addition to
test scores. Requires the committee to recommend to the appointing authority the person it
deems best qualified to fill a vacancy.
Proposed law requires the appointing authority to select and appoint to any vacancy to be
filled a person certified to him as a person who is among the 10 highest in departmental
seniority. Provides that the appointing authority is not required to appoint a person who has
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been recommended by the committee, but if the board created a committee, prohibits an
appointment before the committee submits a recommendation.
Present law provides for the appointment of a person certified to the appointing authority
who, because of work-related illness, injury, or incapacity cannot immediately begin
working. Provides, however, that the working test is immediately interrupted and cannot
commence until the employee has fully recovered and returns to full duty. Present law
further provides that if the employee is unable to return to full duty within six months of the
date of his appointment, the board must declare him ineligible to continue and the
appointment must be made to one of the remaining persons certified to the appointing
authority.
Proposed law retains present law and provides for its applicability to the Baton Rouge Police
Department.
(Adds R.S. 33:2494(C)(4))
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