HLS 19RS-605 ENGROSSED
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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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-605 ENGROSSED
HB NO. 438
1 (b) The appointing authority shall select and appoint to any vacancy to be
2 filled a person certified to him whose name appears on the promotional list for the
3 class for which he was tested as a person who is among the five highest in
4 departmental seniority.
5 * * *
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 Engrossed 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.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-605 ENGROSSED
HB NO. 438
Proposed law retains present law but provides an additional exception applicable to the city
of Baton Rouge. 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 five highest in departmental
seniority.
(Adds R.S. 33:2494(C)(4))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Municipal, Parochial
and Cultural Affairs to the original bill:
1. Require the appointing authority to appoint a person certified to him who is
among the five, rather than ten, highest in departmental seniority.
2. Remove authorization granted to the board to establish a committee to conduct
interviews of persons certified to the appointing authority.
3. Remove reference to present law provisions relative to persons appointed but
unable to begin the working test period due to work-related illness, injury, or
incapacity.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.