2023 Louisiana Laws › Revised Statutes › Title 33 - Municipalities and Parishes › §33:2554. Certification and appointment

RS 33:2554 - Certification and appointment
A.(1) Except for entrance firefighter and entrance police officer, whenever the appointing authority proposes to fill a vacancy in the classified service, except by demotion, transfer, emergency appointment, or by substitute employment not to exceed thirty days, he shall request the board to certify names of persons eligible for appointment to the vacant position. The board thereupon shall certify in writing the names of eligible persons from the appropriate employment list, and the appointing authority shall, if it fills the vacancy, make the appointment as provided by this Section.
(2) Whenever the appointing authority proposes to fill a vacancy in entrance level firefighter or entrance level police officer, he shall request the state examiner to certify names of persons eligible for appointments to the vacant position. The state examiner shall certify in writing the names of eligible persons from the appropriate list, and the appointing authority shall, if he fills the vacancy, make the appointment as provided by this Section.
B. The board first shall certify the name of the person appearing upon the reinstatement list who is eligible for the first reinstatement in the class of the vacant position. The name of this person and all others appearing upon the reinstatement list for the class shall be certified and offered the appointment in the order provided by R.S. 33:2550(B) before the vacancy is filled by any subsequent method provided by this Part. The appointing authority shall appoint to the vacant position the first person so certified to it who is willing to accept the appointment. If the position is one of a class from which lay-offs have been made as provided by R.S. 33:2559, the names of eligible persons appearing upon the re-employment list for the class shall be certified and offered the appointment in the order provided by R.S. 33:2550(C) before any other appointment is made thereto.
C.(1)(a) In the event a vacancy cannot be filled by reinstatement or by re-employment as above provided, the board next shall certify the names of the persons upon the promotional list, in the order in which they appear thereon, for the class in which the vacancy is to be filled.
(b) The appointing authority shall select and appoint to the first vacancy to be filled the one person certified to it who has the greatest seniority in the departmental service. Any remaining positions to be filled in the same class shall be filled by appointing to each such successive vacancy the one of the remaining persons certified therefor who has the next highest seniority in the departmental service. If any one or more persons so certified should refuse the appointment, the appointing authority shall then select and appoint one of the persons certified by the board with the next highest seniority in the department service. This procedure shall be followed until the position has been filled by appointment of the one person who has the greatest seniority in the departmental service who is willing to accept the appointment, or until each person whose name appears upon the list has in this order been certified and offered the appointment for the vacancy.
(c) Any person certified to the appointing authority who, because of work-related illness, injury, or incapacity, is unable to immediately begin a working test, shall be appointed in accordance with Subparagraph (b) of this Paragraph. However, the working test shall be immediately interrupted and shall not commence until the employee has fully recovered and returns to full duty. If the employee fails to recover and return to full duty within six months of the date of his appointment, the board shall declare him ineligible to continue therein, and the appointment shall be made to one of the remaining persons certified therefor who has the next highest seniority in the departmental service. Any such person appointed in accordance with R.S. 33:2556(2) to substitute for the injured employee during the period of interrupted working test shall have such time counted toward his twelve-month working test period.
(2) Notwithstanding any other provision of law to the contrary, in the cities of DeRidder and Eunice a vacant position in the police department shall be filled in the following manner:
(a) If a vacancy cannot be filled by reinstatement, or by reemployment as provided in Subsections A and B of this Section, the board shall next certify the names of the persons on the promotional list, in the order in which they appear thereon, for the class in which the vacancy is to be filled.
(b) The appointing authority shall select and appoint to the first vacancy to be filled the one person certified to him who has the greatest promotional seniority in the next lower rank. Any remaining positions to be filled in the same class shall be filled by appointing to each such successive vacancy the one of the remaining persons certified therefor who has the next highest promotional seniority in the next lower class.
(c) If any one or more persons so certified should refuse the appointment, the appointing authority shall then select and appoint one of the persons certified by the board with the next highest promotional seniority in the next lower class. This procedure shall be followed until the position has been filled by appointment of the one person who has the greatest promotional seniority in the next lower class and who is willing to accept the appointment or until each person whose name appears on the list has in this order been certified and offered an appointment to the vacancy.
(d) If two or more persons possess an equal amount of promotional seniority, those persons shall be reinstated or listed on the promotional list and offered promotions in the order of departmental seniority, from highest to lowest.
(e) Any person certified to the appointing authority who, because of work-related illness, injury, or incapacity, is unable to immediately begin a working test, shall be appointed in accordance with Subparagraph (a) of this Paragraph. However, the working test shall be immediately interrupted and shall not commence until the employee has fully recovered and returns to full duty. If the employee fails to recover and return to full duty within six months of the date of his appointment, the board shall declare him ineligible to continue therein, and the appointment shall be made to one of the remaining persons certified therefor who has the next highest promotional seniority. Any such person appointed in accordance with R.S. 33:2556(2) to substitute for the injured employee during the period of interrupted working test shall have such time counted toward his twelve-month working test period.
(3) Notwithstanding any other provision of law to the contrary, in the cities of Broussard, Carencro, Rayne, Scott, and Youngsville, a vacant position in the police department shall be filled in the following manner:
(a) If a vacancy cannot be filled by reinstatement or by reemployment as provided in Subsections A and B of this Section, the board shall next certify the names of the persons on the promotional list, in the order in which they appear thereon, for the class in which the vacancy is to be filled.
(b) The appointing authority shall select and appoint to any vacancy to be filled a person whose name appears on the promotional list for the class for which he was tested as a person who is among the three highest in departmental seniority.
D. Certification and appointment from the competitive list shall be limited to those conditions and classifications for which the competitive test may be given as provided by R.S. 33:2552(7). Upon the appointing authority's request for the certification of eligible persons from which it may fill a vacancy, and if the competitive list is the appropriate list from which the names of eligible persons shall be certified, the board or the state examiner shall certify the names of the persons upon that list, in the order in which they appear thereon, for the class in which the vacancy is to be filled. The appointing authority shall select and appoint to the first vacancy to be filled any one of the persons so certified to it for the vacancy. In making appointments to the positions of entrance firefighter and entrance police officer, the appointing authority shall verify the applicant meets the minimum qualifications as established by the board. Additionally, in making such appointment to entry-level positions, the appointing authority shall give a preference to Louisiana residents. If any one or more persons so certified refuses the appointment, the appointing authority then shall select and appoint any one of the remaining persons certified by the board or the state examiner. This procedure shall be followed until the position has been filled by appointment of one of the persons certified from the list and willing to accept the appointment, or until each person whose name appears upon the list has in this manner been certified for the vacancy.
E. Appointment to any position in the classified service from which the regular employee is away on an authorized leave of absence shall be made in accordance with the provisions of Subsection B.
F. The appointing authority shall notify the board of the filling of a vacancy as provided in R.S. 33:2563.
G. Except as provided in Subparagraphs (C)(1)(c) and (C)(2)(e), it shall be mandatory for the appointing authority to fill each vacancy, including vacancies in classifications hereafter created, within 60 days of the occurrence of the vacancy. This shall not operate to prevent the board from abolishing any unnecessary classifications.
Acts 1964, No. 282, §1; Acts 1999, No. 1092, §1; Acts 1999, No. 1093, §1; Acts 2016, No. 285, §1; Acts 2016, No. 552, §1, eff. June 17, 2016; Acts 2016, No. 552, §§2, 3, eff. Aug. 1, 2016; Acts 2017, No. 93, §1; Acts 2020, No. 38, §1; Acts 2020, No. 196, §1; Acts 2022, No. 218, §1.
NOTE: See Acts 2016, No. 552, §6, regarding effectiveness.