reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1161. Preventive measures by agency heads

RS 42:1161 - Preventive measures by agency heads
A. Filing of reports. Every agency head shall file confidential reports with the board or panel on any matters that come to his attention which he believes may constitute a violation of this Chapter which is within the board or panel's jurisdiction.
B. Cooperation with board. Every agency head shall cooperate in every possible manner in connection with any investigation or hearing which may be lawfully conducted by the board or panel.
C. Compliance with order of board or panel. Every agency head shall forthwith comply with any lawful order received from the board or panel and shall immediately take disciplinary action against any employee under his supervision when ordered to do so by the board or panel.
D. Failure to comply with order of board or panel. Failure on the part of any agency head who is not an elected official to comply promptly with any lawful order received from the board or panel shall subject him to all penalties provided for elsewhere in this Chapter and shall cause the immediate suspension of all salary and other benefits which he otherwise would be entitled to receive. Such suspension shall remain in effect during the period in which he fails or refuses to comply, and all public employees are hereby directed to refuse to honor any drafts or other documents which would violate this provision.
E. Agency employment lists. Every agency head shall furnish the board or panel, upon request, a list showing the names, positions, compensation, if any, and the time actually spent earning such compensation of all agency employees. The list shall be prepared at the expense of the agency furnishing it out of funds available to such agency.
F. Screening of employees. Every agency head shall constantly screen all employees under his supervision to ascertain that such employees are needed to perform the work of the agency and shall promptly take the necessary steps to reduce the number of the employees of the agency to a sufficient or satisfactory number required. Knowingly having one or more employees on the payroll who are not rendering service for which they are being paid or having one or more employees on the payroll that violate the provisions of R.S. 42:1119 shall subject the agency head, a public employee having the authority to hire and fire the employee, and the immediate supervisor of the employee, as well as such employee, to the disciplinary action and penalties provided by this Chapter.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §§6, 11, eff. Jan. 1, 1997.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1162. Copy of ethics code to be furnished by the secretary of state

RS 42:1162 - Copy of ethics code to be furnished by the secretary of state
Whenever the secretary of state shall issue a commission to a public servant, he shall include therewith a copy of this Chapter in pamphlet or other form convenient to the secretary, and the public servant shall acknowledge receipt thereof when filing his oath of office with the secretary of state.
Acts 1979, No. 443, §1, eff. April 1, 1980.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1163. Prescription

RS 42:1163 - Prescription
No action to enforce any provision of this Chapter shall be commenced after the expiration of two years following the discovery of the occurrence of the alleged violation, or four years after the occurrence of the alleged violation, whichever period is shorter.
Acts 1979, No. 443, §1, eff. April 1, 1980.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1164. Criminal laws not affected

RS 42:1164 - Criminal laws not affected
Nothing in this Chapter is intended to nor is to be construed as repealing, amending, or modifying in any way any provision of any criminal law of this state.
Acts 1979, No. 443, §1, eff. April 1, 1980.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1165. Authority of school boards to administer tenure laws not affected

RS 42:1165 - Authority of school boards to administer tenure laws not affected
A. Nothing in this Chapter is intended nor shall it be construed to have the effect of repealing, amending, or modifying in any way any state tenure statutes pertaining to the rights of probationary or permanent teachers or other public employees of any parish or city school board of this state nor the authority of any such school board to administer the state tenure statutes, relative to teachers and other public employees of the school board, when such teachers and other public employees are serving in their official capacities. All job actions based upon the causes for disciplining or dismissal of teachers or other school public employees, as may be now or hereafter set forth in the state tenure statutes, shall remain under the exclusive jurisdiction of the appropriate parish or city school board.
B. Subject to the provisions of Subsection A, the board or panel may order that any public employee of a parish or city school board of this state be disciplined or dismissed as provided in this Chapter whenever the board or panel has determined that the public employee has violated any provision of law within the jurisdiction of the board.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1166. Violation of code by tenured public employee of a state public higher education institution

RS 42:1166 - Violation of code by tenured public employee of a state public higher education institution
Any final determination that a tenured public employee of a public higher education institution in this state has violated any provision of law within the jurisdiction of the board, except as otherwise exempted therefrom, may be grounds for disciplining or dismissing the tenured public employee by the appropriate higher education management board, or by the appointing authority by order of the board or panel in accordance with applicable tenure law, rule, or policy.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1167. Judges

RS 42:1167 - Judges
All judges, as defined by the Code of Judicial Conduct, shall be governed exclusively by the provisions of the Code of Judicial Conduct, which shall be administered by the Judiciary Commission provided for in Article V, Section 25 of the Constitution of Louisiana.
Acts 1979, No. 443, §1, eff. April 1, 1980.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1168. Perjury; malfeasance in office

RS 42:1168 - Perjury; malfeasance in office
A. Perjury. Any person who intentionally and knowingly either files a false sworn complaint with the board or who gives false sworn testimony before the board or panel shall, upon conviction by a court of competent jurisdiction, be guilty of the crime of perjury and subject to the penalty set forth in R.S. 14:123.
B. Malfeasance by member of the board. Any member of the board who knowingly and intentionally initiates action by the board or panel against any public servant, or person knowing such action to be false shall, upon conviction by a court of competent jurisdiction, be guilty of the crime of malfeasance in office and subject to the penalty set forth in R.S. 14:134.
Acts 1979, No. 443, §1, eff. April 1, 1980; Acts 1996, 1st Ex. Sess., No. 64, §6, eff. Jan. 1, 1997.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1191. Eligibility; applicability

RS 42:1191 - Eligibility; applicability
A. A person may request expungement of ethics enforcement records relative to a complaint filed with the Board of Ethics in which it is alleged that the person violated one or more provisions of this Chapter if each of the following requirements is satisfied:
(1) The allegations in the complaint involved the person's status as a public employee.
(2) The person was a public employee solely because of his uncompensated service on a board or commission.
(3) The Board of Ethics issued charges based on the complaint that, at the conclusion of enforcement proceedings, did not result in a finding of a violation of this Chapter.
B. This Part shall not apply to enforcement proceedings that are concluded by consent opinion.
Acts 2015, No. 316, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1192. Procedure

RS 42:1192 - Procedure
A.(1) A person who seeks expungement pursuant to this Part shall file a written request for expungement with the ethics administrator. The person shall set forth in the request facts that demonstrate that the requirements listed in R.S. 42:1191 are satisfied.
(2) The ethics administrator shall consider the request, and, if the facts stated in the request demonstrate that the requirements listed in R.S. 42:1191 are satisfied, the ethics administrator shall grant the request and order expungement of the ethics enforcement records relative to the complaint that is the subject of the request.
B.(1) If the ethics administrator denies the request or fails to grant the request within thirty days after filing, the requestor may file a written request for expungement with the Board of Ethics.
(2) The Board of Ethics shall consider the request in executive session, and, if the facts stated in the request demonstrate that the requirements listed in R.S. 42:1191 are satisfied, the board shall grant the request and order expungement of the ethics enforcement records relative to the complaint that is the subject of the request.
C. If an order of expungement involves records of the Ethics Adjudicatory Board, the Board of Ethics or the ethics administrator, as the case may be, shall ensure that the order of expungement is served on the Ethics Adjudicatory Board as soon as practicable after issuance.
Acts 2015, No. 316, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1193. Effect of expungement

RS 42:1193 - Effect of expungement
A. The Board of Ethics and the Ethics Adjudicatory Board shall remove from public access all ethics enforcement records that are ordered to be expunged. The records shall not be destroyed.
B. An expunged ethics enforcement record shall be privileged, confidential, no longer be considered a public record, and not be made available to any person or other entity, except that any such record shall be available to each member of the Board of Ethics and the Ethics Adjudicatory Board and to their respective staff members.
Acts 2015, No. 316, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1194. Confidentiality

RS 42:1194 - Confidentiality
All records and deliberations concerning a request for expungement shall be confidential and shall not be made available to any person or other entity, except that any such record shall be available to each member of the Board of Ethics and its staff.
Acts 2015, No. 316, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1261. In-service training and educational programs; conducted for state agencies; eligible employees; fees; contracts and agreements

RS 42:1261 - In-service training and educational programs; conducted for state agencies; eligible employees; fees; contracts and agreements
A.(1) The Department of State Civil Service shall institute, develop, conduct, maintain, and otherwise provide for continuing programs of in-service training and education designed to improve the supervisory, managerial, and other generally applicable skills and expertise of officials and employees of all state agencies, including supervisory, administrative, and managerial personnel and nonsupervisory employees.
(2) For purposes of this Chapter, "state agency" means any board, commission, department, agency, office, officer, or other entity:
(a) Within the executive or legislative branches of state government;
(b) Of the supreme court, a court of appeal, or a district court of the judicial branch of state government; or
(c) Which employs any state classified employee.
B.(1) The in-service training and educational programs may be made available on a fee basis to other public officials and employees and to other participants as determined by the Department of State Civil Service, provided such participation does not have the effect of denying access to the program by any employee or official of a state agency. The Department of State Civil Service may establish and impose a schedule of fees or other charges for such officials, employees, and participants to attend such programs.
(2) The Department of State Civil Service is hereby designated as the training agency for state agencies as set forth in Subsection A of this Section.
C. The State Civil Service Commission shall advise the Department of State Civil Service on in-service training and educational programs and may award certifications to employees upon successful completion of such programs. Cooperative arrangements or agreements may be entered into between the Department of State Civil Service and state educational institutions for their participation in training and educational programs as needed to accomplish any of the purposes enumerated in Subsection A of this Section.
Added by Acts 1972, No. 400, §1. Amended by Acts 1979, No. 656, §1; Acts 1986, No. 313, §1, eff. June 30, 1986; Acts 1989, No. 289, §1, eff. July 1, 1989; Acts 2010, No. 825, §1, eff. July 1, 2010; Acts 2020, 2nd Ex. Sess., No. 33, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1263. Employee training program

RS 42:1263 - Employee training program
A. Pursuant to Article X, Section 10(A) of the Constitution of Louisiana, the State Civil Service Commission shall require the Department of State Civil Service to institute an employee training program in accordance with the provisions of this Chapter for state agencies, to coordinate in-service training and educational programs, to review the development and conduct of such programs, and to submit progress reports to the governor and legislature as either may direct.
B. The Department of State Civil Service is hereby designated as the agency to develop and conduct said training programs.
Added by Acts 1972, No. 400, §1. Amended by Acts 1979, No. 656, §1; Acts 1986, No. 313, §1, eff. June 30, 1986; Acts 2010, No. 825, §1, eff. July 1, 2010; Acts 2020, 2nd Ex. Sess., No. 33, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1264. Review of needs and requirements

RS 42:1264 - Review of needs and requirements
The Department of State Civil Service shall conduct, at least every four years, a complete review of the needs and requirements for in-service training and education and shall adjust the training programs provided by this Chapter to meet the needs revealed by said reviews.
Added by Acts 1972, No. 400, §1. Amended by Acts 1979, No. 656, §1; Acts 1986, No. 313, §1, eff. June 30, 1986; Acts 2010, No. 825, §1, eff. July 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1265. Cooperative arrangements with educational institutions

RS 42:1265 - Cooperative arrangements with educational institutions
In addition to the in-service training and educational programs provided for in this Chapter, all state agencies may engage in cooperative arrangements or agreements with the Department of State Civil Service and with state educational institutions for specialized training, work-study programs, internships, and research projects designed to be useful in making long-range training and educational plans. State educational institutions are hereby directed to give special consideration to such projects and programs.
Added by Acts 1972, No. 400, §1. Amended by Acts 1979, No. 656, §1; Acts 1986, No. 313, §1, eff. June 30, 1986; Acts 2010, No. 825, §1, eff. July 1, 2010; Acts 2020, 2nd Ex. Sess., No. 33, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1267. Required training; cybersecurity

RS 42:1267 - Required training; cybersecurity
A.(1) The Department of State Civil Service shall institute, develop, conduct, and otherwise provide for training programs designed to keep state agencies safe from cyberattack. The programs shall be designed to focus on forming information security habits and procedures that protect information resources and teach best practices for detecting, assessing, reporting, and addressing information security threats. The department may make the training available as an online course. The office of technology services shall provide assistance to the Department of State Civil Service in the development of the training program. The cost of instituting, developing, conducting, and otherwise providing cybersecurity awareness training shall be paid in the manner established by R.S. 42:1383.
(2) The Department of State Civil Service shall make the education and training on cybersecurity developed pursuant to Paragraph (1) of this Subsection available to agencies within political subdivisions of the state at as minimal cost as possible to assist those agencies in compliance with the provisions of this Section.
B.(1) Each state and local agency shall identify employees or elected officials who have access to the agency's information technology assets and require those employees and elected officials to complete cybersecurity training. Each new state and local agency official or employee with access to the agency's information technology assets shall complete this training within the first thirty days of initial service or employment with the agency.
(2) The agency head shall verify and report to the Department of State Civil Service on the completion of cybersecurity training by agency employees. The agency head shall periodically require an internal review to ensure compliance.
(3)(a) An agency shall require any contractor who has access to state or local government information technology assets to complete cybersecurity training during the term of the contract and during any renewal period.
(b) Completion of cybersecurity shall be included in the terms of a contract awarded by a state or local government agency to a contractor who has access to its information technology assets.
(c) The person who oversees contract management for the agency shall report each such contractor's completion to the agency head and periodically review agency contracts to ensure compliance.
(d) The agency head shall verify and report to the Department of State Civil Service on the completion of cybersecurity training by each such contractor.
Acts 2020, No. 155, §1, eff. June 9, 2020; Acts 2020, 2nd Ex. Sess., No. 33, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1301. Definitions

RS 42:1301 - Definitions
The following words and phrases used in this Chapter, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) "Administrator" means the firm which, in accordance with its contract with the Commission, maintains the plan records, provides information to participants and prospective participants, manages the day-to-day activities of the plan relating to the transmittal of participant funds to investment product companies selected by the Commission, provides enrollment services, and/or prepares studies and recommendations for the Commission.
(2) "Commission" means the Louisiana Deferred Compensation Commission.
(3) "Custodial financial institution" means a financial institution in which funds are deposited between the date on which they are deferred from a participant's compensation and the date on which they are transmitted to an investment product company.
(4) "Ex officio member" means the state treasurer, the commissioner of administration, the commissioner of insurance, the commissioner of financial institutions, the speaker of the House of Representatives, or his designee, or the president of the Senate, or his designee.
(5) "Investment product" means any fixed annuity, variable annuity, life insurance contract, savings account, or any other form of investment selected by the Commission for the purpose of receiving funds under the plan.
(6) "Participant" means: (a) a person whose compensation is currently subject to deferrals in accordance with Section 457 of the United States Internal Revenue Code, or (b) a person whose compensation has previously been subject to deferrals in accordance with Section 457 of the United States Internal Revenue Code and whose contributions have not been withdrawn.
(7) "Participant member" means any member of the commission other than an ex officio member.
(8) "Person" means any officer or employee of the state of Louisiana or of any of its political subdivisions, or an independent contractor who has a current contract with the state or any of its political subdivisions. "Person" shall also mean any parish coroner.
(9) "Plan" means the Louisiana Public Employees Deferred Compensation Plan, which is now in existence, and which was previously established pursuant to state statute and in accordance with Section 457 of the Internal Revenue Code of 1954, as amended. It shall include the plans implemented by the commissioner of administration and by the deferred compensation program for full-time judges.
Added by Acts 1972, No. 623, §1. Amended by Acts 1974, No. 410, §1; Acts 1975, No. 176, §1; Acts 1978, No. 684, §1; Acts 1982, No. 1, §1, eff. May 6, 1982; Acts 1985, No. 358, §1; Acts 2018, No. 615, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1302. Louisiana Deferred Compensation Commission

RS 42:1302 - Louisiana Deferred Compensation Commission
A. There is hereby created within the Department of Treasury the Louisiana Deferred Compensation Commission for the purpose of continuing the plan. The Commission shall exist and perform its powers, duties, functions, and responsibilities in the manner provided for agencies transferred in accordance with the provisions of R.S. 36:801.1.
B.(1) The Commission shall consist of nine members as follows:
(a) The state treasurer.
(b) The commissioner of administration.
(c) The commissioner of insurance.
(d) The commissioner of financial institutions.
(e) The speaker of the House of Representatives, or his designee.
(f) The president of the Senate, or his designee.
(g) Three participant members who shall be elected by participants in accordance with rules promulgated by the Commission.
(2) Four members of the commission shall constitute a quorum for the transaction of business.
C. The terms of the participant members who are first elected to membership on the Commission shall be as follows:
(1) One such member shall be elected for a term of three years.
(2) One such member shall be elected for a term of two years.
(3) One such member shall be elected for a term of one year.
Thereafter, each participant member shall be elected for a three-year term.
D. Each of the ex officio members of the Commission may be represented at any meeting of the Commission by his duly authorized representative.
E. Vacancies on the Commission arising because of death, resignation, or incapacity of a participant member shall be filled by a participant selected by the remaining members of the Commission; however, the person so chosen shall serve only until the next regularly scheduled annual election of a participant member. The participant elected at such election to fill such vacancy shall serve during the remainder of the unexpired term.
F. The members of the Commission shall choose their officers who shall serve for one year terms, but who may be reelected for successive terms.
G. Participant members of the Commission shall be eligible for reelection.
H. Membership on the Commission shall not be incompatible with the holding of any other public office or employment.
I. The members of the Commission shall serve without compensation but shall be entitled to receive travel expenses.
J. The attorney general shall be the legal advisor of the commission.
Added by Acts 1972, No. 623, §1. Amended by Acts 1974, No. 410, §1; Acts 1975, No. 176, §1. Acts 1976, No. 132, §1; Acts 1978, No. 684, §1; Acts 1979, No. 233, §1; Acts 1982, No. 1, §1, eff. May 6, 1982; Acts 2018, No. 615, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1303. Powers and duties

RS 42:1303 - Powers and duties
The commission shall have the following powers and duties:
(1) To select the investments and to enter into contracts with the providers of such investments.
(2) To select the administrator, to enter into a contract with such firm and to do all such things as may be required in order to insure proper administration of the plan. In exercising this function, the commission shall act only after soliciting proposals from interested firms in accordance with specifications prepared by the commission. The preceding sentence notwithstanding, the commission may enter into a contract, without the necessity of soliciting proposals, with a nonprofit corporation whose membership is limited to participants and is open to all participants. The commission shall require the administrator to furnish bonds of the type and amount deemed appropriate by the commission.
(3) To choose the custodial financial institution(s) and to enter into appropriate contract(s) with such institution(s).
(4) To sue and be sued.
(5) To evaluate annually the performance of the administrator and of the investment products. Such evaluation shall include the administrator's performance in the handling of hardship applications. The commission shall take such action as is indicated by such evaluation. The results of each evaluation shall be made a part of the annual report referred to in Paragraph (9) of this Section.
(6) To agree by contract with any person to defer, in accordance with Section 457 of the United States Internal Revenue Code, as amended, future compensation which, except for the terms of the contract, would have been payable to such person, and to provide for any and all other available benefits under Section 457.
(7) To make use of the expertise, knowledge, and resources of any state officer, employee, or agency.
(8) To maintain minutes of all meetings, which minutes shall be available for inspection in the office of the state treasurer during regular office hours.
(9) To prepare and make available to participants an annual report concerning the status of the plan, which report shall supply information such as rates of return on, or performance of, investment products.
(10) To establish procedures for the processing of applications for withdrawal or deferral modification based upon hardship.
(11) To make, amend, repeal, and promulgate necessary rules, and to do such other things, not inconsistent with law, as are necessary to perform properly the powers and duties vested in it.
Added by Acts 1972, No. 623, §1. Amended by Acts 1974, No. 410, §1; Acts 1976, No. 132, §1; Acts 1978, No. 684, §1; Acts 1979, No. 233, §1; Acts 1981, No. 308, §2; Acts 1981, No. 550, §1; Acts 1982, No. 1, §1, eff. May 6, 1982; Acts 1984, No. 48, §1; Acts 2004, No. 393, §1, eff. June 23, 2004.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1303.1. Section 401(a) plan

RS 42:1303.1 - Section 401(a) plan
The commission shall be authorized to establish a Section 401(a) plan in accordance with the provisions of the Internal Revenue Code of 1954, as amended, under such rules and regulations as the commission shall adopt.
Acts 2001, No. 1068, §1, eff. June 28, 2001.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1304. Meetings

RS 42:1304 - Meetings
The Commission shall meet at least twice yearly, and all meetings of the Commission shall be held in compliance with the Louisiana Open Meetings Law.
Added by Acts 1981, No. 308, §2. Amended by Acts 1982, No. 1, §1, eff. May 6, 1982.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1305. Audits

RS 42:1305 - Audits
The legislative auditor is authorized to audit annually the books and records of the plan administrator, and is authorized and directed to audit annually the plan.
Added by Acts 1981, No. 550, §1. Amended by Acts 1982, No. 1, §1, eff. May 6, 1982.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1306. Deferred amounts as compensation

RS 42:1306 - Deferred amounts as compensation
Any compensation deferred pursuant to the plan operated under this Chapter shall be deemed regular compensation for the purpose of computing contributions or benefits under existing retirement, pension, or social security systems applicable to participants. This provision shall not supersede the provisions of R.S. 42:861.
Added by Acts 1982, No. 1, §1, eff. May 6, 1982.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1307. Public notice; publication

RS 42:1307 - Public notice; publication
Public notice of the Commission's intention to enter into a contract with an administrator or with an investment product company or to amend any such contract shall be published at least ten days prior to such action in the official journal of the state.
Added by Acts 1982, No. 1, §1, eff. May 6, 1982.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1308. Transitional provisions

RS 42:1308 - Transitional provisions
Notwithstanding the preceding provisions of this Chapter:
(1) The Commission shall not be required to comply with the rulemaking requirements of the Administrative Procedure Act prior to July 1, 1983.
(2) The first participant members of the Commission shall be chosen by the ex officio members of the Commission after receiving such advice from interested participants as may be feasible in view of the need for prompt action. Such participant members shall serve until the first election of participant members, which shall be held during the month of June, 1983.
Added by Acts 1982, No. 1, §1, eff. May 6, 1982.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1309. District attorney deferred compensation program

RS 42:1309 - District attorney deferred compensation program
A. The district attorneys and assistant district attorneys are hereby authorized to establish a deferred compensation program. The executive director of the Louisiana District Attorneys Association shall be the trustee of said program and the funds needed for the administration of the program shall be limited to one percent of the total amount in the fund including additional salary or compensation for the trustee which shall be set by the Board of Directors of the Louisiana District Attorneys Association.
B. Both state and local funds paid to district attorneys or assistant district attorneys may be deferred for the purposes of this program.
Added by Acts 1982, No. 1, §1, eff. May 6, 1982.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1351. Qualifications; term of office

RS 42:1351 - Qualifications; term of office
The classified employee member of the State Civil Service Commission provided for in Article X, Section 3(C) of the Constitution of 1974 shall be a full time, permanent employee in the classified state service for a period of one year prior to the date on which he qualifies as a candidate. He shall serve a term of six years, which shall commence on May 1 of the year in which he is elected.
Added by Acts 1974, Ex. Sess., No. 8, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1352. Call of election

RS 42:1352 - Call of election
The director of the Department of State Civil Service shall issue the call for an election for the classified member of the State Civil Service Commission in January, 1975, and every six years thereafter, on the first Monday after January first of the election year.
Added by Acts 1974, Ex.Sess., No. 8, §1, eff. Jan. 1, 1975. Acts 1988, No. 164, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1353. Nominations by petition; conduct of election; secret ballot

RS 42:1353 - Nominations by petition; conduct of election; secret ballot
Nomination as a candidate for the office of employee member of the commission shall be by petition of at least one hundred permanent employees in the state classified service. Such petition shall be filed with the director of the department of state civil service not later than seven working days after the call for the election. The director shall be responsible for supervising the election, which shall be by secret ballot.
Added by Acts 1974, Ex.Sess., No. 8, §1, eff. Jan. 1, 1975. Acts 1988, No. 164, §1; Acts 2003, No. 332, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1354. Ballots; election brochure; distribution; vote; return; counting; rejection

RS 42:1354 - Ballots; election brochure; distribution; vote; return; counting; rejection
A. The name of each candidate who meets the requirements for candidacy shall be placed in alphabetical order on the ballot.
B. An election brochure shall be prepared in accordance with specifications prescribed by the director. The election brochure shall contain instructions for voting and information about each candidate who meets the requirements for candidacy. The candidate information shall appear in the election brochure in the same order as the names of the candidates on the ballot.
C. Each permanent employee in the classified service whose name appears on the employment roll thirty days prior to the date on which the call for the election is issued shall be qualified to vote in the election. Not later than thirty days after the final day for the filing of nomination petitions, ballots and brochures shall be delivered to each such permanent employee.
D. Each person, except for any person who is illiterate, blind, or so physically disabled as to prevent his exercise of the right to cast his vote without assistance, shall cast his vote out of the presence of any other person.
E. All votes shall be cast in accordance with the instructions in the election brochure.
F. Any ballot or vote received after the close of voting as prescribed in the election brochure, any ballot which contains a distinguishing mark, and any ballot on which the name of more than one candidate is marked shall be rejected.
G. All valid votes shall be counted within five days after the close of voting.
Added by Acts 1974, Ex. Sess., No. 8, §1, eff. Jan. 1, 1975. Acts 1988, No. 164, §1; Acts 1997, No. 45, §1; Acts 2003, No. 332, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1355. Secrecy of ballot; interference with voter; penalty

RS 42:1355 - Secrecy of ballot; interference with voter; penalty
A. Except as to any person who is illiterate, blind, or so physically disabled as to prevent his exercise of the right to cast his vote without assistance, no voter shall allow his candidate selection to be seen by any person with an apparent intention of letting it be known how he is about to vote, place any distinguishing mark upon his ballot, or make a false statement as to his inability to vote. No person shall interfere or attempt to interfere with any voter when voting, or endeavor to induce any voter to show how he is about to vote, or influence or attempt to influence any voter to vote for or against a particular candidate, or otherwise violate any of the provisions of this Chapter or rules adopted pursuant thereto.
B. Whoever violates this Section shall be punished in accordance with R.S. 18:1461, R.S. 14:119, R.S. 14:120, R.S. 14:136, or any other applicable law enacted to punish violations of laws relating to other elections.
Added by Acts 1974, Ex. Sess., No. 8, §1, eff. Jan. 1, 1975. Acts 1988, No. 164, §1; Acts 2003, No. 332, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1356. Cost of election

RS 42:1356 - Cost of election
All costs incurred in connection with the election provided for by this Chapter shall be paid out of funds available to the Department of State Civil Service for its operations.
Added by Acts 1974, Ex.Sess., No. 8, §1, eff. Jan. 1, 1975. Acts 1988, No. 164, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1357. Election; results; rules and regulations; promulgation

RS 42:1357 - Election; results; rules and regulations; promulgation
A.(1) The director shall submit a written report of the election results to the State Civil Service Commission and the secretary of state within one working day after completion of the counting of votes or, if a runoff election is held, within one working day after completion of the counting of votes in the runoff election.
(2) Upon receipt of the results of the election, the secretary of state shall promulgate the results thereof. The candidate who receives the greatest number of the votes cast in the election shall be elected, provided such candidate receives at least thirty-five percent of the total votes cast in the election. If no candidate is elected in the first election, the candidate who receives the greatest number of the votes cast in the runoff election shall be elected. The secretary of state shall notify the candidate who is elected of his election.
(3) In the event that the two candidates in the runoff election each receive the same number of votes in the runoff election, the winner shall be determined by lot by the secretary of state.
B. The director of the Department of State Civil Service may make reasonable rules and regulations, not inconsistent with the constitution and laws of this state, as may be necessary to carry out the provisions of this Chapter.
Added by Acts 1974, Ex.Sess., No. 8, §1, eff. Jan. 1, 1975. Acts 1988, No. 164, §1; Acts 1997, No. 45, §1; Acts 2003, No. 332, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1358. Contest of election

RS 42:1358 - Contest of election
Any election held under the provisions of this chapter may be contested in accordance with the provisions of the general laws of this state applicable to contests of elections of public officials.
Added by Acts 1974, Ex. Sess., No. 8, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1359. Term; successors; vacancies

RS 42:1359 - Term; successors; vacancies
A. The classified employee member of the commission shall be elected for a six-year term and shall take office on the first of May following the election.
B. Vacancies occurring for any cause prior to the expiration of the term shall be filled for the remainder of the unexpired term by the eligible candidate who was unsuccessful in the most recent runoff election. If that candidate is not eligible to serve, or if a runoff election was not held in the most recent election, then the vacancy shall be filled by the eligible candidate who received the next highest number of votes in the most recent election.
C. Loss of status as a classified state employee in this state shall vacate the office of classified employee member of the commission and the vacancy shall be filled in the manner provided in Subsection B of this section.
D. Notwithstanding the provisions of Subsection C, a vacancy in the office of classified employee member of the commission shall not occur when the classified employee who was elected to that office continues to be employed in the same position in which employed when elected as a member of the commission, but the position is changed to an unclassified position by court order, administrative action, or legislative action.
Added by Acts 1974, Ex.Sess., No. 8, §1, eff. Jan. 1, 1975. Amended by Acts 1982, No. 385, §1; Acts 1988, No. 164, §1; Acts 2003, No. 332, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1360. Runoff election; qualifying of candidates; procedure

RS 42:1360 - Runoff election; qualifying of candidates; procedure
In the event no candidate is elected in the first election, the candidates who receive the two highest number of votes cast in the election shall qualify as candidates in the runoff election. The director shall provide for the conduct of the runoff election in the same manner as provided in R.S. 42:1354, except that the ballots and election brochures for the runoff election shall be distributed not less than twenty nor more than twenty-five days after completion of the counting of votes in the initial election. All votes in the runoff election shall be cast prior to the close of voting prescribed in the election brochure for the runoff election.
Acts 1988, No. 164, §1; Acts 1997, No. 45, §1; Acts 2003, No. 332, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1381. Members of state and other civil service commissions; compensation and expenses

RS 42:1381 - Members of state and other civil service commissions; compensation and expenses
A. Each member of the state civil service commission shall be paid a per diem of seventy-five dollars for each day devoted to the work commission, but not to exceed four thousand dollars for any member in any year, and shall be reimbursed for actual travel expenses authorized by the commission.
B. Each member of the city or other civil service commissions covered by Sections 4 and 14 of Article X of the Constitution of 1974 shall be paid a per diem in an amount not to exceed fifty dollars for each day of actual attendance at meetings of the commission of which he is a member, but not to exceed four thousand dollars for any member in any year, and shall be reimbursed for actual travel expenses authorized by the commission. The amount of the per diem shall be fixed by the commission.
Added by Acts 1974, Ex. Sess., No. 9, §1, eff. Jan. 1, 1975. Amended by Acts 1982, No. 181, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1382. State department of civil service; advisory opinions on political activity

RS 42:1382 - State department of civil service; advisory opinions on political activity
A. As defined in the constitution of 1974, and for the purposes of this Section, "political activity" means an effort to support or oppose the election of a candidate for political office or to support a particular political party in an election. The support of issues involving bonded indebtedness, tax referenda, or constitutional amendments are not included.
B. Upon the written request of any classified state employee describing a proposed activity and requesting an opinion as to whether such activity constitutes a prohibited political activity, the State Department of Civil Service shall issue an advisory opinion as to whether or not the proposed activity which is the subject of the request of the employee is a prohibited political activity as defined by the constitution or by rules of the civil service commission. The State Department of Civil Service shall issue said opinion within twenty days of the receipt of said request by the State Department of Civil Service and in issuing such opinion shall cite the particular provision of the constitution or of commission rules by which the activity is prohibited. The opinion rendered by the State Department of Civil Service shall be effective until it is otherwise amended, revised, supplemented, or vitiated by the civil service commission and any action taken by the civil service commission shall not have retroactive effect.
Added by Acts 1976, No. 670, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1383. Department of State Civil Service; appropriations; pro rata share paid by other agencies; billing; collection calculations

RS 42:1383 - Department of State Civil Service; appropriations; pro rata share paid by other agencies; billing; collection calculations
A. The cost of operating the state civil service system and instituting, developing, conducting, and otherwise providing in-service training and educational programs by the Department of State Civil Service shall be paid by agencies employing state classified employees. The total amount payable by each agency shall be calculated on the basis of a percentage of the annual gross salaries of the state classified employees within each agency, as reflected in the records maintained by the Department of State Civil Service on the last working day of the calendar year preceding the year of the billing, and shall not exceed nine-tenths of one percent of the annual gross salaries. The Department of State Civil Service shall bill each state agency the amount payable by that agency for the billing period. The amount so billed shall be payable by each agency within thirty calendar days from the date of the mailing of the billing.
B. If the amounts collected in any fiscal year pursuant to this Section do not meet the amount appropriated for the Department of State Civil Service by the legislature for that fiscal year, the commissioner of administration shall take action to insure that the Department of State Civil Service receives the full amount of the funds appropriated by the legislature.
C. The Department of State Civil Service may enforce through judicial proceedings any of the provisions contained in this Section. No suspensive appeal shall lie from a decision ordering compliance with any of the provisions contained herein, nor shall any stay order issue staying the enforcement of any such decision.
Added by Acts 1988, No. 639, §1, eff. July 1, 1988; Acts 1992, No. 893, §1, eff. July 8, 1992; Acts 2020, 2nd Ex. Sess., No. 33, §1.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1401. Qualifications; term of office

RS 42:1401 - Qualifications; term of office
The classified employee member of the state police commission provided for in Article X, Section 43(C) of the Constitution of 1974 shall be a full-time, permanent employee in the classified state police service for a period of one year prior to the date on which he qualifies as a candidate. He shall serve a term of six years, which shall commence on January first of the year following the year in which he is elected.
Acts 1990, No. 788, §1, eff. Nov. 7, 1990.
{{NOTE: SEE ACTS 1990, NO. 788, §2.}}
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1402. Call of election

RS 42:1402 - Call of election
The director of the state police service shall issue the call for an election for the classified member of the state police commission on the first Monday after November first of 1990 and every five years thereafter.
Acts 1990, No. 788, §1, eff. Nov. 7, 1990.
2023 Louisiana Laws › Revised Statutes › Title 42 - Public Officers and Employees › §42:1403. Nominations by petition; conduct of election; secret ballot

RS 42:1403 - Nominations by petition; conduct of election; secret ballot
Nomination as a candidate for the office of employee member of the commission shall be by petition of at least thirty permanent employees in the classified state police service. Such petition shall be filed with the director of the state police service not later than seven working days after the call for the election. The director shall be responsible for conducting and supervising the election, which shall be by secret ballot.
Acts 1990, No. 788, §1, eff. Nov. 7, 1990.