HB 581 chris roy jr alexandria civil service reenactment act

HLS11RS-204 ORIGINAL

Regular Session, 2011

HOUSE BILL NO. 581

BY REPRESENTATIVE ROY

CIVIL SERVICE/MUNICIPAL: Provides relative to the civil service system for the
employees of the city of Alexandria

1 AN ACT

2 To amend and reenact Paragraphs (C)(2) and (4) of Section 1 of Act No. 487 of the 1954

3 Regular Session of the Legislature, as amended by Act No. 390 of the 2001 Regular

4 Session of the Legislature, and to enact Paragraphs (A)(l 1) and (C)(5) of Section 1

5 of Act No. 487 of the 1954 Regular Session of the Legislature, as amended by Act

6 No. 390 of the 2001 Regular Session of the Legislature, relative to the city of

7 Alexandria; to provide relative to the civil service system for the employees of the

8 city; to provide relative to the Alexandria Civil Service Commission; to provide

9 relative to the position of civil service director, the qualifications of any person

10 appointed to such position by the commission, and the evaluation of the job

1 1 performance of any person serving in such position; to provide relative to filling

12 vacancies in commission membership; to authorize the commission to select an

13 individual attorney or law firm to serve as legal counsel to the commission and to

14 represent the commission in legal proceedings; to provide limitations; and to provide

1 5 for related matters .

16 Notice of intention to introduce this Act has been published

17 as provided by Article HI, Section 13 of the Constitution of

18 Louisiana.

19 Be it enacted by the Legislature of Louisiana:

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HLS11RS-204 ORIGINAL

HB NO. 581

1 Section 1. Paragraphs (C)(2) and (4) of Section 1 of Act No. 487 of the 1954 Regular

2 Session of the Legislature, as amended by Act No. 390 of the 2001 Regular Session of the

3 Legislature, are hereby amended and reenacted and Paragraphs(A)( 1 1 ) and (C)(5) of Section

4 1 of Act No. 487 of the 1954 Regular Session of the Legislature, as amended by Act No. 390

5 of the 2001 Regular Session of the Legislature, are hereby enacted to read as follows:

6 Section l.(A) It shall be the policy of the city of Alexandria to employ those

7 persons best qualified to perform the functions of the city and to foster effective

8 career service in city employment. Any appointment and promotion of any

9 employee in the classified service of the city and of each of its departments, offices,

10 and agencies shall be made on the basis of merit and fitness which shall be

1 1 determined, insofar as practicable, by competitive test. All employees of the city of

12 Alexandria, except employees of the fire and police departments shall be in the

1 3 classified service, except that the following shall not be in the classified service and

14 shall not be subject to the provisions of this Act regarding appointment, promotion,

15 and dismissal:

16 * * *

17 (11) All employees who are scheduled to work less than thirty-two hours per

18 week.

IQ * * *

20 (C)

21 * * *

22 (2)(a) The commission shall appoint a civil service director. The director

23 shall be qualified and experienced in civil service matters and shall be responsible

24 to the commission for the administration of the classified civil service system for the

25 city. The civil service director, whether or not he is a division head, shall be in the

26 classified service as provided in this Act for employees of the city who are subject

27 to the provisions of this Act.

28 (b) Notwithstanding any other provision of law to the contrary, the civil

29 service director shall possess, at a minimum, a bachelor's degree from an accredited

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HB NO. 581

1 college or university. The requirement that the civil service director possess a

2 bachelor's degree shall be mandatory and shall not be waived or substituted. The

3 civil service director shall also possess experience in human resources or personnel

4 administration.

5 (c) The job performance of the civil service director shall be evaluated on an

6 annual basis by the commission and shall be evaluated every third year by an

7 independent consultant employed or contracted with by the commission for such

8 purpose.

9 * * *

10 (4) For appointments made pursuant to Subparagraphs (b) through (e) of

1 1 Paragraph (C)(3) of this Section, within sixty forty-five days after a vacancy occurs,

12 the appointing body shall make the required appointment the appointing authority

13 shall submit the appointment to the president of the Alexandria City Council by

14 certified mail, return receipt requested . Within thirty forty-five days thereafter the

15 city council must shall ratify or reject the appointment. The ratification of an

16 appointment by the city council shall be subject to the concurrence of the mayor. If

17 the appointment is rejected, or if the mayor fails to concur in the ratification of the

18 appointment, another appointment must shall be solicited from the same source

19 appointing authority . If the city council rejects two consecutive appointments from

20 an appointing authority the appointing authority submits two consecutive

21 appointments which fail to be ratified by the council and concurred in by the mayor ,

22 the third person submitted by that the appointing authority shall automatically be

23 appointed without ratification. At no time during the appointment process shall the

24 appointing authority resubmit the name of any person whose appointment has been

25 previously rejected by the city council or previously failed to receive the concurrence

26 of the mayor. If the council fails to act within thirty- forty-five days after receipt of

27 the name of the appointee, the appointment shall be automatically ratified. If one of

28 the appointing authorities fails to submit nominees in the time required, the

29 Louisiana Civil Service League shall make the appointment. If one of the named

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1 appointing authorities ceases to exist, the city council shall choose the president of

2 another accredited college or university within Louisiana to replace it. A board

3 member shall serve until his successor is appointed and qualified.

4 * * *

5 (5)(a) The commission is authorized to solicit proposals from individual

6 attorneys or law firms to serve as legal counsel to the commission. The commission

7 shall have the right to accept or reject any or all proposals for any reason, to

8 negotiate with any attorney or law firm, and to select the attorney or law firm

9 deemed to have submitted the proposal which is in the best interest of the

10 commission.

11 (b) The attorney or firm selected by the commission shall be required to sign

12 a written contract which shall provide for the hourly rate at which any such attorney

13 or firm shall be compensated. The commission shall fix the hourly rate in

14 accordance with the Louisiana attorney general's maximum hourly fee schedule for

15 professional legal services. The job performance of any such attorney or firm shall

16 be evaluated by the commission on an annual basis.

17 (c) The attorney or firm that serves as legal counsel to the commission may

18 represent the commission in legal proceedings; however, the commission shall not

19 be prohibited from selecting a different attorney or law firm to represent the

20 commission in any such proceeding. Any such attorney or firm shall be required to

21 sign a written contract which provides for an hourly rate of compensation as

22 provided in Subparagraph (b) of this Paragraph. A majority of the members of the

23 commission shall give their written approval prior to any attorney or law firm

24 representing the commission in a legal proceeding.

25 * * *

26 Section 2. This Act shall become effective upon signature by the governor or, if not

27 signed by the governor, upon expiration of the time for bills to become law without signature

28 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If

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HB NO. 581

1 vetoed by the governor and subsequently approved by the legislature, this Act shall become

2 effective on the day following such approval.

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)]

Roy HB No. 581

Abstract: Provides relative to the civil service system for the employees of the city of
Alexandria.

Present law (Act No. 487 of 1954 R.S.) creates a civil service system for the employees of
the city of Alexandria. Provides that all employees of the city, except fire and police, shall
be in the classified service. Provides that the following shall not be in the classified service:

( 1 ) All elected officials .

(2) 10 executive assistants to the mayor.

(3) Chief administrative officer/chief of staff.

(4) All division heads except the civil service/personnel director.

(5) Members of advisory boards and other unpaid bodies who are not city employees.

(6) Organizations and their employees and other persons employed on a contractual
basis.

(7) Temporary or seasonal employees.

(8) City attorney and any assistants.

(9) City prosecutor and any assistants.

(10) All employees appointed directly by and who work for the city council.

Proposed law retains present law and adds all employees who are scheduled to work less
than 32 hours per week to the unclassified list of employees.

Present law creates and provides for the Alexandria Civil Service Commission as the
policymaking arm of the civil service system for the city. Requires the commission to
appoint a civil service director who shall be a member of the classified service and shall be
qualified and experienced in civil service matters. Additionally requires the director to be
responsible to the commission for the administration of the classified civil service system
for the city.

Proposed law retains present law and provides additional requirements for the civil service
director. Requires the civil service director to possess, at a minimum, a bachelor's degree
from an accredited college or university . Provides that this requirement is mandatory and
shall not be waived or substituted. Additionally requires the civil service director to possess
experience in human resources or personnel administration.

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HB NO. 581

Proposed law requires the commission to evaluate the job performance of the civil service
director on an annual basis. Further requires that the job performance be evaluated every
third year by an independent consultant employed or contracted with by the commission.

Present law provides the commission shall be comprised of five members appointed as
follows:

(1) One member appointed by the president of Louisiana College.

(2) One member appointed by the chancellor of Louisiana State University at
Alexandria.

(3) One member appointed by the president of Southern University at Baton Rouge.

(4) One member appointed by the Alexandria Bar Association.

(5) One member elected by the classified Alexandria city employees, as required by law.

Proposed law retains present law .

Present law provides for the filling of vacancies in the membership of the commission.
Requires appointing authorities to make appointments within 60 days of a vacancy
occurring. Requires the city council to ratify or reject the appointment within 30 days of
receipt. Provides that if the appointment is rejected another appointment shall be solicited
from the same appointing authority.

Proposed law instead requires the appointing authority to submit the appointment, by
certified mail, to the president of the Alexandria City Council within 45 days of the vacancy
occurring. Requires the city council to ratify or reject the appointment within 45 days of
receipt. Provides that the ratification of an appointment is subject to the concurrence of the
mayor. Provides that if the appointment is rejected, or the mayor fails to concur in the
ratification of the appointment, another appointment shall be solicited from the same
appointing authority.

Present law provides that if the city council rejects two consecutive appointments from an
appointing authority, the third person submitted shall automatically be appointed without
ratification.

Proposed law instead requires automatic appointment of the third person submitted without
ratification if the appointing authority submits two consecutive appointments which fail to
be ratified by the council and concurred in by the mayor. Proposed law prohibits the
appointing authority from resubmitting the name of any person whose appointment has been
previously rejected by the city council or previously failed to receive the concurrence of the
mayor.

Present law provides that if the council fails to ratify or reject an appointment within 30 days
after receipt of the name of a person to be appointed, the appointment shall be automatically
ratified.

Proposed law instead provides for automatic appointment if the council fails to act within
45 days of receipt of an appointment.

Proposed law authorizes the commission to solicit proposals from individual attorneys or law
firms to serve as legal counsel to the commission. Requires the attorney or firm selected to
sign a written contract which must provide for the hourly rate at which the attorney or firm
will be compensated. Requires the commission to fix the hourly rate in accordance with the
state attorney general's maximum hourly fee schedule for professional legal services.

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Requires the commission to evaluate the job performance of the attorney or firm on an
annual basis.

Proposed law authorizes the selected attorney or firm that serves as legal counsel to the
commission to represent the commission in legal proceedings. Proposed law provides that
the commission is not prohibited from selecting a different attorney or law firm to represent
the commission in a legal proceeding. Requires that the attorney or firm sign a written
contract which provides for an hourly rate of compensation as provided in proposed law .
Requires that a majority of the members of the commission give their written approval prior
to any attorney or law firm representing the commission in any legal proceeding.

Effective upon signature of governor or lapse of time for gubernatorial action.

(Amends Paras. (C)(2) and (4) of §1 of Act No. 487 of 1954 R.S.; Adds Paras.(A)(ll) and
(C)(5) of § 1 of Act No. 487 of 1954 R.S.)

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