Louisiana 2021 2021 Regular Session

Louisiana House Bill HB135 Comm Sub / Analysis

                    RÉSUMÉ DIGEST
ACT 274 (HB 135) 2021 Regular Session	Carrier
Existing 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.  Existing 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.
Existing 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 government of the parish,
municipality, or fire protection district, or in an officer or employee thereof.  Provides that
the positions of police chief and assistant police chief are in the classified service.  Provides
further with respect to which positions are in the classified and unclassified service.
Existing law additionally authorizes the governing authority to create, by ordinance, the
competitive classified position of deputy police chief.  Provides that the right of selection,
appointment, supervision, and discharge is vested in the police chief, subject to approval of
the appointing authority.  Further provides that the position of deputy police chief is not the
same as the position of assistant police chief as provided in existing law.
Existing law generally requires the deputy police chief to have at least eight years of full-time
law enforcement experience and to hold at least the rank of sergeant in the classified police
service at the time of his appointment.  Provides exceptions for the cities of Jennings and
St. Martinville.
New law provides an additional exception for the city of Oakdale.  Requires the deputy
police chief to have at least three years of full-time law enforcement experience and to have
successfully completed a certified training program approved by the Council on Peace
Officer Standards and Training.
Existing law provides that the deputy police chief serves indefinitely in the classified
competitive position but requires that he be evaluated every three years by the police chief. 
Authorizes the police chief to reconfirm the deputy police chief for another three-year period
or demote him to his former class of positions.
New law makes an exception for the city of Oakdale; requires annual evaluation and
reconfirmation of the deputy police chief.
Effective August 1, 2021.
(Amends R.S. 33:2541.1(C)(1); Adds R.S. 33:2541.1(B)(1)(d))