§ 39:84 — Budget controls on personnel

Louisiana § 39:84

• Jurisdiction: Louisiana
• Title 39: Procurement and Contract

Text

§84. Budget controls on personnel
A. Ten days after the signing of the general appropriations bill for the fiscal year, the
executive budget office shall take such actions as are necessary to establish the number of
authorized positions for each budget unit, program, or subprogram in the information system
provided for in R.S. 39:83. The budget office shall adjust the number to reflect changes
made in accordance with law. The head of each budget unit may adjust the classifications
of the positions included in this number, except as limited by this Section.
B.(1) If a personnel transaction conforms with and does not exceed the number of
the authorized positions in the information system for the budget unit, program, or
subprogram it shall be considered approved; and the budget unit, program, or subprogram
may proceed as otherwise provided by law, regulation, or executive order to complete the
transaction. A personnel transaction which would purport to fill a position that is not in the
approved personnel table of authorized positions for the budget unit, program, or subprogram
shall not be effective unless the information system is adjusted to accommodate the requested
transaction and unless approved as provided in this Section.
(2) Each budget unit of the state shall submit a request for any personnel transaction
to the director of state civil service for approval, except that budget units, programs, or
subprograms within the department of a statewide elected official need not request such prior
approval as it relates to personnel transactions for employees within the unclassified service
of the state, but shall notify the Department of State Civil Service that such personnel
transactions have occurred within five working days of the actual transactions.
(3) The director of state civil service shall determine whether the action requested
is appropriate, such as on a request to reclassify a position upward, whether the position's
duties necessitate this action. If the director of state civil service finds that the position is
appropriate, he shall approve the personnel transaction. However, the director of state civil
service shall not approve a personnel transaction for a position which is paid from the
salaries continuing category that is not in the approved personnel table of authorized
positions.
(4) The Department of State Civil Service may reclassify any position in a personnel
table when sufficient documentation is presented, provided sufficient funds are available in
the remaining salaries continuing category for the budget unit, program, or subprogram. The
personnel table shall be updated to reflect any position reclassification or other change made
by the Department of State Civil Service that affects the information contained in the table
and shall be made on the effective date of the change.
C.(1) If approval is granted for a personnel transaction under the provisions of
Subsection B of this Section, the budget unit, program, or subprogram may proceed as
provided by law, regulation, or executive order to complete the transaction. The
commissioner of administration shall monitor all personnel transactions affecting the
authorized positions. Should the commissioner determine that personnel transactions are
adversely affecting the ability of the budget unit, program, or subprogram to effectively
perform its mission or the balance of the salaries continuing category, he shall notify the head
of the budget unit and the legislative fiscal office. After this notification, the commissioner
shall take such actions as are necessary to require that all modifications to the personnel table
of authorized positions will be individually approved by the budget office.
(2) If the commissioner of administration disapproves a transaction, he shall inform
the head of the budget unit of the reason the proposed personnel transaction was not
approved. The reasons may be only a finding that a reclassification is not warranted as
requested, that insufficient funds have been appropriated for personnel in the budget
category, or that the action was not consistent with the agency program goals. Nothing
herein shall prevent a request for the transfer of funds or positions as provided in this Chapter
or by any other law.
D. Nothing in this Section shall be construed to limit the authority of the governor,
the state civil service commission, the commissioner of administration, the Joint Legislative
Committee on the Budget, or of any other official or entity, as provided by law or executive
order, to regulate, control, or prohibit any personnel transaction.
E. The commissioner of administration and the Department of State Civil Service
shall, by joint regulation, provide for the circumstances and method by which temporary
appointments can be made.
F. The division of administration shall report quarterly to the Joint Legislative
Committee on the Budget on the status of such automated personnel transaction system until
the system is fully operational.
G. On request, the Department of State Civil Service shall submit to the legislative
fiscal office or the budget office a personnel chart by department which displays the number
of authorized positions and filled positions, organized by budget unit, program, or
subprogram and according to occupational groups established by Civil Service.
H. In the last ninety days of the last year of the term of the office of a governor, no
cost-of-living increases, performance adjustments, or other general salary increases for
unclassified employees in any budget unit, agency, or department of the executive branch of
state government shall become effective unless first approved by the Joint Legislative
Committee on the Budget. Additionally, other relevant provisions of this Section shall be
satisfied before such an increase shall take effect.

Legislative History

Acts 1989, No. 836, §1, eff. July 1, 1989; Acts 2016, No. 517, §1, eff. July 1, 2016.