2020 Regular Session ENROLLED SENATE BILL NO. 209 BY SENATOR MORRIS 1 AN ACT 2 To amend and reenact the introductory paragraph of R.S. 33:2491, (E), and (I), 2492(1), (2), 3 and (11), 2494(A) and (D), the introductory paragraph of 2551, (5), and (9), 2552(1), 4 (2), and (11), 2553(C), and 2554(A) and (D), relative to in-service training for 5 certain public employees; to provide for the development and implementation of an 6 online testing program for prospective police officers and firefighters by the office 7 of the state examiner; and to provide for related matters. 8 Be it enacted by the Legislature of Louisiana: 9 Section 1. The introductory paragraph of R.S. 33:2491, (E), and (I), 2492(1), (2), and 10 (11), 2494(A) and (D), the introductory paragraph of 2551, (5), and (9), 2552(1), (2), and 11 (11), 2553(C), and 2554(A) and (D) are hereby amended and reenacted to read as follows: 12 §2491. Establishment and maintenance of employment lists 13 Except for the positions of entrance firefighter and entrance police 14 officer, Tthe board shall establish and maintain employment lists containing names 15 of persons eligible for appointment to the various classes of positions in the 16 classified service, as follows: 17 * * * 18 E. Any person whose name is placed upon the competitive employment list 19 for the entrance or lowest ranking class in the classified service who has served in 20 the armed forces of the United States of America during the times of war, and has 21 been honorably discharged or discharged under honorable conditions, shall have 22 added to his final test score a total of five points at the time of placing his name upon 23 the list. Proof of such service and discharge shall be required by the board or the 24 state examiner in any manner it deems advisable. 25 * * * ACT No. 38 Page 1 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 209 ENROLLED 1 I. (1) For purposes of entrance firefighter and entrance police officer 2 positions, the state examiner shall establish and maintain a statewide eligibility 3 list containing names of persons eligible for appointment to these classes by any 4 municipality, parish, or fire protection district under the municipal fire and 5 police civil service system. 6 (2) A person who has attained a passing score on an examination 7 administered by the state examiner for entrance police officer, entrance firefighter, 8 entrance jailer, secretary to the chief, departmental records clerk, or for the entrance 9 classes for which the operation and maintenance of radio, alarm, or signal systems 10 for the respective fire or police services is the primary duty may have his name 11 placed on the employment list of any municipality, parish, or fire protection district 12 under the Municipal Fire and Police Civil Service System, provided the person's 13 application and score are accepted by the board of the municipality, parish, or fire 14 protection district in which he seeks employment. In order that his name may be 15 placed upon the employment eligibility list, a person shall be required to meet the 16 minimum qualifications adopted as rules of the respective civil service board, as if 17 making original application for admission to the test. The eligibility of such an 18 applicant shall not continue past the date on which his original eligibility expired. 19 §2492. Tests 20 Tests to determine the eligibility of applicants for entry upon the promotional 21 and competitive employment lists shall be provided, as follows: 22 (1)(a) The board shall provide through the state examiner for promotional or 23 competitive tests. Official notice of examination shall be posted on the bulletin board 24 in each station of the respective department. The notice shall state (i) class of 25 positions for which tests will be given, (ii) whether the tests will be given on a 26 promotional or competitive basis, and (iii) the final date on which applications for 27 admission to the tests will be received. The notice shall be posted for a continuous 28 period of thirty ten days preceding the date for administering the tests. 29 (b) In addition to the posted notice, public notice for all tests to be given on 30 a competitive basis shall be published at least four times during the thirty-day period Page 2 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 209 ENROLLED 1 in the official journal of the municipality on the state examiner's website and the 2 municipality's website, if available, during the ten-day period in which such tests 3 are to be held. This notice of examination need not reveal the exact date on which 4 tests shall be administered, but all applicants shall be advised of the date, place, and 5 time to report for an announced test at least five days in advance thereof in any 6 manner the board may prescribe. 7 (2)(a) For the entrance firefighter and the entrance police officer testing, 8 the state examiner shall publish notice on his website for ten-day notice of the 9 location for where such tests are to be held and the final date on which 10 applications for admission to the test will be received. This notice of 11 examination shall reveal the exact date on which the test shall be administered. 12 However, all applicants shall be advised of the time and place to report for an 13 announced test at least five days in advance in any manner the state examiner 14 may prescribe. The state examiner shall provide for online entrance firefighter 15 and entrance police testing as provided for in this Section by Fiscal Year 2022. 16 (b) As may be necessary from time to time, the state examiner may call for 17 and administer examinations for the entrance classifications of firefighter, police 18 officer, secretary to the chief, departmental records clerk, jailer, and for the 19 entrance classes for positions of which the operation and maintenance of a radio, 20 alarm, or signal system for the fire or police service is the primary duty. Tests may 21 be administered at the discretion of the state examiner in any municipality, parish, 22 or fire protection district to which this Part applies. Official notification shall not be 23 made to the extent required under Paragraph (1) of this Section; however, public 24 notice shall be published at least four times during a thirty-day period in the official 25 journal of the state of Louisiana and may be posted on the bulletin board in each 26 station of the respective department. This notice of examination need not state the 27 exact date on which tests shall be administered, but all applicants shall be advised 28 of the date, place, and time to report for an announced test at least five days in 29 advance thereof in any manner the state examiner may prescribe. 30 * * * Page 3 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 209 ENROLLED 1 (11) Each applicant who makes a passing score on a test administered by the 2 state examiner under the provisions of Paragraph (2) of this Section shall be advised, 3 in any manner the state examiner prescribes, of his final score. Except for the 4 positions of entrance firefighter and entrance police officer, Ssuch score may be 5 reported and approved by the board under the provisions of R.S. 33:2491(I). The 6 original eligibility of an applicant under the provisions of this Paragraph shall be the 7 period of not more than eighteen months after the date on which the signature of the 8 state examiner was affixed to his notification of score. 9 * * * 10 §2494. Certification and appointment 11 A.(1) Except for the positions of entrance firefighter and entrance police 12 officer, Wwhenever the appointing authority proposes to fill a vacancy in the 13 classified service, except by demotion, transfer, emergency appointment, or by 14 substitute employment not to exceed thirty days, he shall request the board to certify 15 names of persons eligible for appointment to the vacant position. The board shall 16 thereupon certify in writing the names of eligible persons from the appropriate 17 employment list, and the appointing authority shall, if he fills the vacancy, make the 18 appointment as provided by this Section. 19 (2) Whenever the appointing authority proposes to fill a vacancy in 20 entrance level firefighter and entrance level police officer, he shall request the 21 state examiner to certify names of persons eligible for appointments to the 22 vacant position. The state examiner shall certify in writing the names of eligible 23 persons from the appropriate list, and the appointing authority shall, if he fills 24 the vacancy, make the appointment as provided by this Section. 25 * * * 26 D. Certification and appointment from the competitive list shall be limited 27 to those conditions and classifications for which the competitive test may be given 28 as provided by R.S. 33:2492(E) R.S. 33:2492. Upon the appointing authority's 29 request for the certification of eligible persons from which he may fill a vacancy, and 30 if the competitive list is the appropriate list from which the names of eligible persons Page 4 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 209 ENROLLED 1 shall be certified, the board or the state examiner shall certify the names of the 2 persons upon that list, in the order in which they appear thereon, for the class in 3 which the vacancy is to be filled. The appointing authority shall select and appoint 4 to the first vacancy to be filled, any one of the persons so certified to him for the 5 vacancy. In making appointments to entrance firefighter and entrance police 6 officer, the appointing authority shall verify the applicant meets the minimum 7 qualifications as established by the board. Additionally, Iin making such 8 appointment to entry-level positions, the appointing authority shall give a preference 9 to Louisiana residents. If any one or more persons so certified should refuse the 10 appointment, the appointing authority shall then select and appoint any one of the 11 remaining persons certified by the board or the state examiner. This procedure shall 12 be followed until the position has been filled by appointment of one of the persons 13 certified from the list and willing to accept the appointment, or until each person 14 whose name appears upon the list has in this manner been certified for the vacancy. 15 * * * 16 §2551. Establishment and maintenance of employment lists 17 Except for the positions of entrance firefighter and entrance police 18 officer, Tthe board shall establish and maintain lists containing names of persons 19 eligible for appointment to the various classes of positions in the classified service 20 as follows: 21 * * * 22 (5) Any person whose name is placed upon the competitive employment list 23 for the entrance or lowest ranking class in the classified service who has served in 24 the armed forces of the United States of America during time of war, and who has 25 been honorably discharged or discharged under honorable conditions, shall have 26 added to his final test score a total of five points at the time of placing his name upon 27 the list. Proof of such service and discharge shall be required by the board or state 28 examiner in any manner it deems advisable. 29 * * * 30 (9)(a) For purposes of entry level firefighter and entry level police officer Page 5 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 209 ENROLLED 1 positions, the state examiner shall establish and maintain a statewide eligibility 2 list containing the names of persons eligible for appointment to these classes by 3 any municipality, parish, or fire protection district under the municipal fire and 4 police civil service system. 5 (b) A person who has attained a passing score on an examination 6 administered by the state examiner for entrance police officer, entrance firefighter, 7 entrance jailer, secretary to the chief, departmental records clerk, or for the entrance 8 classes for which the operation and maintenance of radio, alarm, or signal systems 9 for the respective fire or police services is the primary duty may have his name 10 placed on the employment list of any municipality, parish, or fire protection district 11 under the Municipal Fire and Police Civil Service System, provided the person's 12 application and score are accepted by the board of the municipality, parish, or fire 13 protection district in which he seeks employment. In order that his name may be 14 placed upon the employment eligibility list, a person shall be required to meet the 15 minimum qualifications adopted as rules of the respective civil service board, as if 16 making original application for admission to the test. The eligibility of such an 17 applicant shall not continue past the date on which his original eligibility expired. 18 * * * 19 §2552. Tests 20 Tests to determine the eligibility of applicants for entry upon the promotional 21 and competitive employment lists shall be provided, as follows: 22 (1)(a) Except for entrance firefighter and entrance police officer, Tthe 23 board shall provide through the state examiner for promotional or competitive tests. 24 Official notice of examination shall be posted on the bulletin board in each station 25 of the respective department. The notice shall state (i) class of positions for which 26 tests will be given, (ii) whether the tests will be given on a promotional or 27 competitive basis, and (iii) the final date on which applications for admission to the 28 tests will be received. The notice shall be posted for a continuous period of thirty ten 29 days preceding the date for administering the tests. 30 (b) In addition to the posted notice, public notice for all tests to be given on Page 6 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 209 ENROLLED 1 a competitive basis shall be published at least four times during the thirty-day period 2 in the official journal of the municipality, parish, or fire protection district, as the 3 case may be, during the ten-day period on the state examiner's website and the 4 municipality, parish, or fire protection district's website, if available, in which 5 such tests are to be held. This notice of examination need not state the exact date on 6 which tests shall be administered, but all applicants shall be advised of the date, 7 place, and time to report for an announced test at least five days in advance thereof 8 in any manner the board may prescribe. 9 (c) For the entrance firefighter and the entrance police officer testing, the 10 state examiner shall publish notice on his website for ten-day notice of the 11 location for where such tests are to be held and the final date on which 12 applications for admission to the test will be received. This notice of 13 examination shall reveal the exact date on which the test shall be administered. 14 However, all applicants shall be advised of the place and time to report for an 15 announced test at least five days in advance in any manner the state examiner 16 may prescribe. The state examiner shall provide for online entrance firefighter 17 and entrance police testing as provided for in this Section by Fiscal Year 2022. 18 (2) As may be necessary from time to time, the state examiner may call for 19 and administer examinations for the entrance classifications of firefighter, police 20 officer, secretary to the chief, departmental records clerk, jailer, and for the 21 entrance classes for positions of which the operation and maintenance of a radio, 22 alarm, or signal system for the fire or police service is the primary duty. Tests may 23 be administered at the discretion of the state examiner in any municipality, parish, 24 or fire protection district to which this Part applies. Official notification shall not be 25 made to the extent required under Paragraph (1) of this Section; however, public 26 notice shall be published at least four times during a thirty-day period in the official 27 journal of the state of Louisiana and may be posted on the bulletin board in each 28 station of the respective department. This notice of examination need not state the 29 exact date on which tests shall be administered, but all applicants shall be advised 30 of the date, place, and time to report for an announced test at least five days in Page 7 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 209 ENROLLED 1 advance thereof in any manner the state examiner may prescribe. 2 * * * 3 (11) Each applicant who makes a passing score on a test administered by the 4 state examiner pursuant to Subparagraph (1)(c) or Paragraph (2) of this Section 5 shall be advised, in any manner the state examiner prescribes, of his final score. 6 Except for the positions of entrance firefighter and entrance police officer, 7 Ssuch score may be reported and approved by the board under the provisions of R.S. 8 33:2551(9). The original eligibility of an applicant under the provisions of this 9 Paragraph shall be the period of not more than eighteen months after the date on 10 which the signature of the state examiner was affixed to his notification of score. 11 §2553. Admission to tests 12 * * * 13 C. Any applicant admitted to the competitive examinations which may be 14 called for by the state examiner pursuant to R.S. 33:2552(1)(c) or (2) shall be a 15 citizen of the United States and of legal age. 16 §2554. Certification and appointment 17 A.(1) Except for entrance firefighter and entrance police officer, 18 Wwhenever the appointing authority proposes to fill a vacancy in the classified 19 service, except by demotion, transfer, emergency appointment, or by substitute 20 employment not to exceed thirty days, he shall request the board to certify names of 21 persons eligible for appointment to the vacant position. The board thereupon shall 22 certify in writing the names of eligible persons from the appropriate employment list, 23 and the appointing authority shall, if it fills the vacancy, make the appointment as 24 provided by this Section. 25 (2) Whenever the appointing authority proposes to fill a vacancy in 26 entrance level firefighter or entrance level police officer, he shall request the 27 state examiner to certify names of persons eligible for appointments to the 28 vacant position. The state examiner shall certify in writing the names of eligible 29 persons from the appropriate list, and the appointing authority shall, if he fills 30 the vacancy, make the appointment as provided by this Section. Page 8 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 209 ENROLLED 1 * * * 2 D. Certification and appointment from the competitive list shall be limited 3 to those conditions and classifications for which the competitive test may be given 4 as provided by R.S. 33:2552(5)(7). Upon the appointing authority's request for the 5 certification of eligible persons from which it may fill a vacancy, and if the 6 competitive list is the appropriate list from which the names of eligible persons shall 7 be certified, the board or the state examiner shall certify the names of the persons 8 upon that list, in the order in which they appear thereon, for the class in which the 9 vacancy is to be filled. The appointing authority shall select and appoint to the first 10 vacancy to be filled any one of the persons so certified to it for the vacancy. In 11 making appointments to the positions of entrance firefighter and entrance 12 police officer, the appointing authority shall verify the applicant meets the 13 minimum qualifications as established by the board. Additionally, Iin making 14 such appointment to entry-level positions, the appointing authority shall give a 15 preference to Louisiana residents. If any one or more persons so certified refuses the 16 appointment, the appointing authority then shall select and appoint any one of the 17 remaining persons certified by the board or the state examiner. This procedure shall 18 be followed until the position has been filled by appointment of one of the persons 19 certified from the list and willing to accept the appointment, or until each person 20 whose name appears upon the list has in this manner been certified for the vacancy. 21 * * * PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 9 of 9 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.