§ 33:2533 — Definitions

§2533. 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, parish or fire
protection district fire service.
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, parish, or fire protection district 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 may 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, parish government, or fire protection district
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 involves less
responsibility and provides less pay.
9. "Department service" means employment in the public service offered and
performed separately by the fire or police department of the municipality, parish or fire
protection district.
10. "Eligible" means a person whose name is on a list.
11. "Employee" means a person legally occupying a position.
12. "Employment list" or "lists" means a reinstatement employment list, a
promotional employment list, a competitive employment list and a re-employment list.
13. "Position" means any office or employment in the municipal, parish or fire
protection district, fire or police service, 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 involves increased
responsibilities and provides increased 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 are 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. "Re-employment list" means an employment list for the entrance or lowest
ranking class in the classified service, or any group of classes that may be 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, parish, or fire protection district 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,
shall be construed to mean continuous service and shall be included in the computation of
his seniority. Total departmental seniority in the departmental service, 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 compensation.
(b) "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. 33:2563.
22. "Temporary appointment" means the appointment of an employee for limited
period of service without acquisition by the appointee of any continuing right to be retained
beyond such period.

Legislative History

Acts 1964, No. 282, §1. Amended by Acts 1965, No. 146, §1; Acts 2016, No. 285, §1; Acts 2016, No. 668, §1, eff. June 17, 2016.