§ 33:2554 — Certification and appointment

§2554. Certification and appointment
A.(1) Except for 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, 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, the appointing authority 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
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 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 the
appointing authority 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.
(4) Notwithstanding any other provision of law to the contrary, in the city of
Leesville, 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 the person was
tested as a person who is among the three highest in departmental seniority.
(5) Notwithstanding any other provision of law to the contrary, in the city of Morgan
City, 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, 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 shall verify that
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.
NOTE: See Acts 2016, No. 552, §6, regarding effectiveness.

Legislative History

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; Acts 2024, No. 230, §1; Acts 2024, No. 262, §1; Acts 2024, No. 418, §1.