§ 33:2473 — Definitions

§2473. Definitions
The following words and phrases when used in this Part shall have the following
meaning, unless the context clearly requires otherwise:
1. "Allocation" means the official determination of the class to which a position in
the classified service belongs.
2. "Appointing authority" means any official, officer, board, commission, council,
or person having the power to make appointments to positions in the municipal fire and
police services.
3. "Appointment" means the designation of a person, by due authority, to become an
employee in a position, and his induction into employment in the position.
4. "Board" means the municipal fire and police civil service board.
5. "Class" or "class of position" means a definitely recognized kind of employment
in the classified service, designated to embrace positions that are so nearly alike in the
essential character of their duties, responsibilities, and consequent qualification requirements,
that they can fairly and equitably be treated alike under like conditions for all personnel
purposes.
6. "Classification plan" means all the classes of positions established for the
classified service.
7. "Classified service" means every appointive office and position of trust or
employment in the municipal government which has as its primary duty one of the functions
specifically set forth to be included in the classified service by the provisions of this Part; and
excludes all elective and appointive offices and positions of trust or employment which have
a primary duty specifically set forth to be included in the unclassified service by the
provisions of this Part.
8. "Demotion" means a change of an employee in the classified service from a
position of one class to a position of a lower class which generally affords less responsibility
and pay.
9. "Departmental service" means employment in the public services offered and
performed separately by the fire and by the police departments of the municipality.
10. "Eligible" means a person whose name is on a list.
11. "Employee" means a person legally occupying a position.
12. "Employment list" or "list" means a reinstatement employment list, a
promotional employment list, a competitive employment list, and a reemployment list.
13. "Position" means any office and employment in the municipal fire and police
services, the duties of which call for services to be rendered by one person.
14. "Promotion" means a change of an employee in the classified service from a
position of one class to a position of a higher class which generally affords increased
responsibilities and pay.
15. "Promotion employment list" or "promotion list" means an employment list
containing the names of eligible persons established from the results of promotion tests given
for a particular class of positions which is not specifically required by this Part to be
established from the results of a competitive test.
16. "Promotion test" means a test for positions in a particular class which is not
specifically required by this Part to be filled by competitive tests, admission to which is
limited to regular employees of the next lower class, or the next lower classes when
authorized by the rules, in the classified service.
17. "Reemployment list" means an employment list for the entrance or lowest
ranking class in the classified service, or in any group of classes as may have been grouped
in the classification plan, containing names of regular employees who have been laid off
under the "lay off" provisions of this Part. This list shall not be applicable to persons who
have resigned or have been discharged.
18. "Regular employee" or "permanent employee" means an employee who has been
appointed to a position in the classified service in accordance with this Part after completing
his working test period.
19. "Regular paid and regularly paid department" means any fire or police
department in any municipality that employs personnel in positions of the classified service
as defined in this Section and compensates such personnel at regular intervals.
20. "Reinstatement employment list" or "reinstatement list" means an employment
list containing names of persons eligible for reinstatement in positions of a class from which
they have been demoted for reasons other than disciplinary action.
21. "Seniority" means the following:
(a) "Departmental seniority" means the total employment computed for an employee
beginning with the last date on which he was regularly and permanently appointed and has
worked continuously to and including the date of computation. Time during which an
employee has served in the armed forces of the United States subsequent to May 1, 1940, not
to exceed four years, shall be construed to mean continuous service and shall be included in
the computation of his departmental seniority. Total departmental seniority, including
positions of any and all classes, or seniority in any one or more given classes, may be
computed for an employee, but in either case employment shall be continuous and unbroken
by a resignation or discharge of the respective employee. An employee who is finally
discharged or resigns from his position shall forfeit all accumulated departmental seniority.
An employee who is suspended and returns to his position immediately following the
expiration of his suspension shall not forfeit his departmental seniority accumulated to the
date of his suspension, but he shall not be given credit for the lost time at any future
computation.
(b)(i) "Promotional seniority" means the total cumulative employment in a class of
positions of the next lower class from which a promotion is to be made. Employment
counted toward seniority in the next lower class shall include the aggregate of all temporary
appointments, the working test period, and employment as a regular and permanent employee
in the class, less the aggregate of suspensions without pay while serving in a position of the
class. The appointing authority shall maintain accurate records of appointments and
suspensions, and shall report such appointments and suspensions to the board in strict
compliance with R.S. 33:2503. An employee who is finally discharged or resigns from his
position shall forfeit all accumulated seniority. An employee who is suspended and returns
to his position immediately following the expiration of his suspension shall not forfeit
seniority accumulated to the date of his suspension, but he shall not be given credit for the
lost time in any future computation.
(ii) For employees of the Lake Charles Police Department, "promotional seniority"
shall also include time an employee spends serving in the armed forces of the United States
on official training, active training exercises, or active duty deployment. In addition, in these
instances, the employee's seniority shall be construed to be continuous employment and
unbroken by a resignation or discharge of the employee.
22. "Temporary appointment" means the appointment of an employee for a limited
period of service without acquisition by the appointee of any continuing right to be retained
beyond the period.

Legislative History

Amended by Acts 1982, No. 112, §1; Acts 1982, No. 651, §1; Acts 2015, No. 240, §1, eff. Aug. 1, 2016; Acts 2015, No. 243, §1, eff. June 29, 2015; Acts 2016, No. 178, §1; Acts 2016, No. 668, §1, eff. June 17, 2016.