§ 33:2496 — Temporary appointments

§2496. Temporary appointments
Temporary appointments may be made to positions in the classified service without
the appointees acquiring any permanent status therein as follows:
(1)(a)(i) Except for a vacancy in the classes of entrance firefighter, entrance police
officer, entrance jailer, secretary to the chief, departmental records clerk, and for the entrance
classes for which the operation and maintenance of radio, alarm, or signal systems for the
respective fire or police service is the primary duty, when a vacancy is to be filled in a
position of a class for which the board is unable to certify names of persons eligible for
regular and permanent, or substitute, appointment, the appointing authority may make a
provisional appointment of any person considered qualified. Whenever practicable, the
appointment should be made by the provisional promotion of an employee of a lower class.
A provisional appointment shall not continue for more than three months. No position in the
classified service shall be filled by one or more provisional appointments for a period in
excess of three consecutive months, and successive like periods shall not be permissible. The
board may, however, authorize the renewal of such appointment or authorize such successive
appointments for a period not to exceed three additional months whenever it has been
impracticable or impossible to establish a list of persons eligible for certification and
appointment to the vacancy. Except as provided in Subparagraph (b) of this Paragraph, any
provisional appointment, if not terminated sooner, shall terminate upon the regular filling of
the vacancy in any manner authorized under this Part and, in any event, within fifteen days
after a certification from which a regular, or substitute, appointment, as the case may be, can
be made under the provisions of this Part. A provisional appointment shall be reported to
the board within fifteen days following the appointment.
(ii) Any provisional appointment made to a position of the competitive classes, as
provided for by R.S. 33:2492(7), shall be terminated upon the regular filling of the vacancy
in any manner authorized under this Part and, in any event, within sixty days after
certification from which a regular or substitute appointment, as the case may be, can be made
under the provisions of this Part. A provisional appointment shall be reported to the board
within fifteen days following the appointment.
(iii) When a vacancy is to be filled in the classes of entrance firefighter, entrance
police officer, entrance jailer, secretary to the chief, departmental records clerk, and for the
entrance classes for which the operation and maintenance of radio, alarm, or signal systems
for the respective fire or police service is the primary duty, the appointing authority may
make a provisional appointment of any person considered qualified. A provisional
appointment shall not exceed sixty days. Successive appointments in the classes of entrance
firefighter, entrance police officer, entrance jailer, secretary to the chief, departmental records
clerk, and for the entrance classes for which the operation and maintenance of radio, alarm,
or signal systems for the respective fire or police service is the primary duty shall be
prohibited.
(b) During the times of war, and after the board continues to offer tests provided by
this Part in an effort to obtain persons eligible for regular and permanent appointment to a
position of any class which has been permanently vacated by the regular employee thereof,
and it finds it impossible to establish a list of persons qualified for certification and
permanent appointment to the position in the classified service, it may authorize the
appointing authority to fill the position with a provisional appointee until the appropriate
employment list can be established.
(c) Provisional appointments may be made in any position until a classification plan
is prepared and adopted and for such time thereafter as may be required for the preparation
and administration of tests and the establishment of employment lists from the results of the
tests. But such special authority shall be valid for a period for not more than eighteen
months immediately following the date that this Part takes effect in the municipality.
(2) A substitute appointment may be made to any position in the classified service
from which the regular and permanent employee is away on an authorized leave of absence,
or from which the regular employee is substituting for some other regular employee who is
authorized to be away from his respective position. No position shall be filled by a substitute
appointee for a time beyond that for which the regular and permanent incumbent is away on
an authorized leave. Whenever such appointment shall continue for not more than thirty
days, the appointing authority may appoint thereto anyone considered qualified. Substitute
appointments made for a period exceeding thirty days shall be made in the same manner as
provided in R.S. 33:2494 for the filling of a vacancy by a regular and permanent
appointment. Any person employed on a substitute basis shall, for the duration of the
temporary employment, enjoy the class title and be entitled and receive the rate of pay for the
class and position in which he is employed. The appointing authority shall notify the board
within fifteen days following any substitute appointment made for a period to exceed thirty
days, the name of the appointee, the class of position filled, the period for which the
appointment was made and attach to the notification a signed copy of the leave of absence
granted the employee for whom the appointee is substituting.
(3) Emergency appointments of any person may be made at any time the needs of the
service require because of any local emergency of a temporary and special nature. No such
appointment shall be effective or continued for a period greater than ninety days, but in any
case, an emergency appointment shall be terminated upon the conclusion of the emergency
period. In the event that a state of emergency is declared by the governor, such appointments
shall be effective for the duration of the state of emergency.
NOTE: Acts 2006, No. 491, title of Act provides that it amends and reenacts
and, as amended, arranges in proper statutory form and incorporates into the
statutes the provisions of 1921 Const. Art. XIV, §15.1(26)(C) by amending
and reenacting R.S. 33:2496(C).

Legislative History

Acts 2006, No. 491, §1, eff. July 1, 2006; Acts 2008, No. 265, §1, eff. July 1, 2008; Acts 2021, No. 51, §1; Acts 2024, No. 230, §1.