§ 33:2556 — Temporary appointments

§2556. 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. When practicable, the
appointment shall be made by the provisional promotion of any 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 a vacancy. Except as provided in Item (ii) of this Subparagraph, 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. 33:2552(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 time 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,
if 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 of not more than eighteen months
immediately following the date that this Part takes effect in the municipality or parish or fire
protection district, as the case may be.
(d) Repealed by Acts 1999, No. 1281, §1.
(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 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. 33:2554 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 to 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 shall attach to the notification a signed copy of the leave of
absence granted the employee for whom the appointee is substituting.
(3) Emergency appointment of any person may be made at any time the need of the
service requires 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.

Legislative History

Acts 1964, No. 282, §1. Amended by Acts 1977, No. 56, §1; Acts 1999, No. 1281, §1; 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.