RULES OF THE CIVIL SERVICE COMMISSION
CITY OF NEW ORLEANS
As adopted and amended through May 22, 2022
under the authority granted by Article X, Section 10 of
the Constitution of the State of Louisiana
published July 7, 2022
ii
RULE CHANGES IN 1997
Rule VIII, Section 4
Civil Leave
amended March 24, 1997
Rule I, No. 19
Consecutive Service
amended April 24, 1997
Rule II, Section 7
Special Counsel & Other
amended April 24, 1997
Professional Services
Rule V, Section 9
Substance Abuse Testing
amended June 2, 1997
Rule III, Section 8
Transfer of a Functional Unit
amended June 26, 1997
Rule I, No. 33
Immediate Family
amended November 20, 1997
Rule VIII, Section 10
Family Medical Leave
amended November 20, 1997
Rule V, Section 9.15
Substance Abuse Testing
amended November 20, 1997
NO RULE CHANGES IN 1998
RULE CHANGES IN 1999
Rule V, Section 9.13
Substance Abuse Testing
Rule I, No. 4
Annual Rate
Rule I, No. 42
Monthly Rate
Rule I, No. 60
Regular Hourly Base Rate
Rule IV, Section 1.3 (a-c)
The Pay Plan
Rule IV, Section 1.5
The Pay Plan
Rule IV, Section 1.6 (a-d)
The Pay Plan
Rule IV, Section 4.1
Pay Rates of Casual Laborers and
Temporary Workers
Rule IV, Section 8 (a-g)
Longevity Pay Increases
Rule I, No. 35
Job Series
Rule III, Section 1.2
Creating Classes and Allocating
Positions
Rule III, Section 5.3
Dual Assignments
Rule V, Section 5.5
Establishment of Promotion Lists
and Employment Lists
Rule VI, Section 4.8 (a)
Reinstatement and Reemployment
Rule XII, Section 1.1
Layoffs Administration
Rule IV, Section 2.3
Pay Increases
RULE CHANGES IN 2000
Rule IV, Section 12
Incentive pay
Rule VIII,
Sick Leave
Section 2.1(d)1,3,4
Rule IX, Section 1.4
Maintaining Standards of Service
Rule II, Section 11.5
Compliance with Orders
RULE CHANGES IN 2001
Rule III, Section 6
Contracts
Rule II, Section 6.1 & 6.2
Summary Disposition of Appeal
Rule I, Number 52
Privatize, Privatization
iii
RULE CHANGES IN 2001 (continued)
Rule V, Section 5 Establishment of Promotional Lists amended July 25, 2001
and Employment Lists
Rule II, Section 13 Selection of Special counsel and adopted September 17, 2001
and Hearing
Rule V, Section 8
Rule VIII, Section 1.1
Rule VIII, Section 10.1
Non-Competitive Examinations
Annual Leave
Family Medical Leave
amended September 17, 2001
amended December 13, 2001
amended December 13, 2001
RULE CHANGES IN 2002
Rule IX, Section 1.4
Maintaining Standards of Service
adopted November 13, 2002
Rule IV, Section 1.3(a)
Pay Plan
adopted December 16, 2002
approved by Council June 5, 2003
Rule IV, Section 9.2(a)
Pay Plan
adopted December 16, 2002,
approved by Council June 5, 2003,
effective July 13, 2002
RULE CHANGES IN 2003
Rule IV, Section 8.1
Longevity Pay Increases
amended December 13, 2001
approved by Council February 6, 2003,
effective January 1, 2002
RULE CHANGES IN 2004
Rule I, #25, #58
Definition of “Director” and “Record”
amended December 13, 2004
Rule VIII, Sections 1, 2 & 3
Annual and Other Forms of Leave
amended December 13, 2004
Rule VIII, Section 10
Family Medical Leave
amended December 13, 2004
Rule X
Records Rule
amended December 13, 2004
Rule XIII
Veterans Preference
amended December 13, 2004
RULE CHANGES IN 2005
Rule II, Section 2.3
Emergency Rules
amended September 29,2005
effective retroactive to August 29,2005
Rule I, #20
Definition of “Consecutive Service”
amended and effective November 14,
2005
Rule II, Section 12.6
Administration of the Employee-
amended November 14, 2005
Member Election
Rule XII, Section 6
Preferred Reemployment Benefits
amended and effective December 12,
2005
Rule VI, Section 4.1
Reemployment and Reinstatement
amended and effective December 12,
2005
RULE CHANGES IN 2006
Rule II, Section 4.21 Attorneys’ Fees amended May 15, 2006
iv
RULE CHANGES IN 2006 (continued)
Rule IV, Section 11 Emergency Rate of Pay amended May 15, 2006,
adopted by the Council May 25, 2006
Rule VI, Section 4.9
Reinstatement and Reemployment
effective June 1, 2006
amended and effective June 19, 2006
Rule II, Section 13
Selection of Professional Service
Contractors
amended July 17, 2006
Rule VIII, Section 1.3
Annual Leave Carried Forward
amended and effective November 20,
Rule V, Section 8.1
Non-competitive Exams
2006
amended December 18, 2006
RULE CHANGES IN 2007
Rule V, Section 9
Rule III, Section 4
Substance Abuse Testing
Temporary Work in a Higher
Classification
amended and effective February 28, 2007
amended September 17, 2007
RULE CHANGES IN 2008
Rule IV, Section 2
Pay Increases
amended November 17, 2008
approved by the Council April 23, 2009
effective April 5, 2009
RULE CHANGES IN 2009
Rule VIII, Section 1.3
Annual Leave Carried Forward
amended and effective January 12, 2009
Rule XII, Section 9
Furlough to Avoid Layoff
amended November 30, 2009
Rule I, Section 1
Definition of Furlough
effective December 1, 2009
amended November 30, 2009
Rule V, Section 5.4
Combining Lists
effective December 1, 2009
amended December 14, 2009
RULE CHANGES IN 2010
effective January 1, 2010
Rule VIII, Section 2.9
Sick Leave (Police I.O.D. pay)
amended January 25, 2010
Rule XII
Layoffs
effective February 1, 2010
amended March 15, 2010
Rule VI, Section 4
Reinstatement and Reemployment
effective April 1, 2010
amended March 15, 2010
Rule VIII, Section 2.9
Sick Leave (Police I.O.D. pay)
effective April 1, 2010
amended June 21,2010
Rule IV, Section 9.8
Overtime Compensation in
effective July 1, 2010
amended and effective July 19, 2010
Emergencies approved by Council August 26, 2010
RULE CHANGES IN 2011
Rule VIII, Section 2.12 (g) Leave Donation (annual leave) amended March 21, 2011
effective April 1, 2011
NO RULE CHANGES IN 2012
v
RULE CHANGES IN 2013
Rule V, Section 2.5 Examinations amended February 18, 2013
effective March 1, 2013
Rule VIII, Section 10.1 Family and Medical Leave amended February 18, 2013
effective March 1, 2013
Rule XIII, Section 1.1 Veteran’s Preference amended February 18, 2013
effective March 1, 2013
Rule VIII, Section 5 Leave Without Pay amended October 21, 2013
effective November 1, 2013
RULE CHANGES IN 2014
Rule I, Section 1, #42 “Letter of Reprimand” amended February 17, 2014
effective March 1, 2014
Rule II, Section 4.1 Appeals amended February 17, 2014
effective March 1, 2014
Rule VIII, Section 1.4 Leave Use amended February 17, 2014
effective March 1, 2014
Rule XI, Sections 1.1 and 1.3 Discipline amended February 17, 2014
effective March 1, 2014
Rule VI, Section 5.2 Limited-Term Appointments amended March 17, 2014
effective April 1, 2014
Rule IV, Section 9 Overtime amended April 28, 2014
approved by Council June 2014
effective April 28, 2014
Rule IV, Section 11 Emergency Rate of Pay amended April 28, 2014
approved by Council June 2014
effective April 28, 2014
RULE CHANGES IN 2014 (continued)
Mayor’s “Great Place to Work”-Related Changes:
Rule 1, #38 Definition of “Law” amended August 25, 2014,
effective September 1, 2014
Rule IV, Section 2.2 Special Assignment Pay amended August 25, 2014,
adopted by the Council 2014
Rule IV, Section 2.4 Departmental and Promotional
Certifications amended August 25, 2014,
adopted by the Council 2014
Rule IV, Section 2.5 (a) Merit Increases amended August 25, 2014,
adopted by the Council 2014
Rule IV, Section 2.5 (b) Merit Increases amended August 25, 2014, adopted by the
Council December 11, 2014
Rule IV, Section 2.6 Pay Above Minimum amended August 25, 2014, adopted by the
Council December 11, 2014
Rule IV, Section 2.7 Extraordinary Qualifications amended August 25, 2014, adopted by the
Council December 11, 2014
Rule V, Section 2.4 Minimum Qualifications amended August 25, 2014
effective September 1, 2014
Rule V, Section 5.2 Length of Lists amended August 25, 2014
effective September 1, 2014
Rule V, Section 10.1 Workplace Diversity & Inclusion adopted August 25, 2014
effective September 1, 2014
vi
Rule VI, Section 1.1 Filing of Vacancies amended August 25, 2014
effective September 1, 2014
Rule VI, Section 2.1 Change imposes multiple deadlines amended August 25, 2014
effective September 1, 2014
RULE CHANGES IN 2014 (continued)
Mayor’s “Great Place to Work”-Related Changes (continued):
Rule VI, Section 2.3 Selective Certification amended August 25, 2014
effective September 1, 2014
Rule VI, Section 3.1 Change eliminates rule of three amended August 25, 2014
effective September 1, 2014
Rule VI, Section 3.2 (a) Order of certification lists amended August 25, 2014
effective September 1, 2014
Rule VI, Section 3.2 (b) Change eliminates sliding bands amended August 25, 2014
effective September 1, 2014
Rule VI, Section 4.1 Reinstatement & Reemployment amended August 25, 2014
effective September 1, 2014
Rule VI, Section 4.3 Preferred reemployment amended August 25, 2014
effective September 1, 2014
Rule VI, Section 6.1 Appeals on appointments, etc. amended August 25, 2014
effective September 1, 2014
Rule VII, Section 1.2 Working Test Period amended August 25, 2014
effective September 1, 2014
Rule VIII, Section 4.2 No Leave Charged during Training amended August 25, 2014
effective September 1, 2014
Rule X, Section 1.6 Inclusion Index amended August 25, 2014
effective September 1, 2014
Rule XI, Sections 1.1 - 1.13 Performance Evaluation System amended August 25, 2014
effective September 1, 2014
Rule VI, Section 3.1 Change eliminates rule of three re-amended November 3, 2014
effective December 1, 2014
Rule VI, Section 4.1 Reinstatement & Reemployment re-amended November 3, 2014
effective December 1, 2014
Rule I, #40
Leave Day(s)
amended October 20, 2014, adopted by
the Council February 5, 2015
Rule IV, Section 13
Holiday Pay
amended October 20, 2014, adopted by
the Council February 5, 2015
Rule I, #35
Immediate Family
amended December 15, 2014
effective January 1, 2015
Rule I, #80
Parental Leave
amended December 15, 2014
effective January 1, 2015
Rule VIII, Section 9
Parental Leave
amended December 15, 2014, adopted by
the Council effective January 1, 2015
RULE CHANGES IN 2015
Rule IV, Section 2.5 (b)
Merit Pay
amended February 9, 2015, adopted by the
Council April 16, 2015
Rule III, Section 5
Dual Assignments
amended June 15, 2015, effective July 1,
2015, adopted by the Council July 9, 2015
Rule X, Section 1.3
Personnel, Payroll and
amended July 20, 2015
Attendance Records
effective August 1, 2015
Rule VIII, Section 2.9 (a)
Sick Leave (Police Injured
amended July 20, 2015
On Duty Leave)
effective August 1, 2015
vii
RULE CHANGES IN 2015 (continued)
Rule I
“Cumulative Service Time”
amended July 20, 2015, adopted by the
Council August 20, 2015
Rule VI, Section 4.8
Reinstatement/Reemployment
amended July 20, 2015, adopted by the
Council August 20, 2015
Rule XII, Section 6.6 (See above)
Rule IV, Section 2.2 Special Assignment Pay amended July 20, 2015, adopted by the
Council February 4, 2016
Rule IV, Section 2.7 Extraordinary/Superior Qualifications amended November 16, 2015, adopted by
the Council February 6, 2016
Rule IV, Section 8 Longevity Pay amended July 20, 2015, adopted by the
Council August 20, 2015
Rule VIII, Section 1.2 Bonus Annual Leave Days amended July 20, 2015, adopted by the
Council August 20, 2015
Rule VIII, Section 2.2 Bonus Sick Leave Days amended July 20, 2015, adopted by the
Council August 20, 2015
Rule III, Section 4 Temporary work in a higher class amended September 21, 2015, adopted by
the Council February 6, 2016
RULE CHANGES IN 2016
Rule I, #33 “Examination” amended June 20, 2016, effective
July 1, 2016
Rule II, Sections 4 & 8 Appeals amended June 20, 2016, effective
July 1, 2016
Rule II, Section 6 Contracts amended June 20, 2016, effective
July 1, 2016
Rule IV, Section 2.5 Merit Increases amended June 20, 2016, adopted by
the Council September 8, 2016
Rule IV, Section 9 Overtime amended June 20, 2016, adopted by
the Council September 8, 2016
Rule VI, Section 3 Certification of Eligibles amended June 20, 2016, effective
July 1, 2016
Rule XI, Section 1 Performance Evaluation amended June 20, 2016, effective
July 1, 2016
RULE CHANGES IN 2017
Rule II, Section 8 Contempt amended January 9, 2017, effective
February 1, 2017
Rule I, Paragraph 10 Base Rate Definition amended February 20, 2017
Rule IV, Section 2.5 Merit Pay amended February 20, 2017, effective
April 6, 2017
Rule IV, Section 14 Pay Upon Promotion amended February 20, 2017, effective
April 6, 2017
Rule VIII, Section 4.1 Civil Leave amended February 20, 2017, effective
February 7, 2017
Rule II, Sections 12.5 & 12.7 Administration of the Employee- amended March 20, 2017
Member Election
Rule VII, Section 2.8 Working test period amended September 25, 2017
Rule IV, Section 11.2 Emergency Pay amended September 25, 2017, adopted by
the Council October 26, 2017
viii
RULE CHANGES IN 2018
Rule IV, Section 9.7 (a) Overtime amended March 19, 2018
Rule III, Section 4.1 (b) Temporary Work in a Higher Class- amended May 21, 2018
ification
Rule V, Section 9(c) Substance Abuse Testing amended November 19, 2018
RULE CHANGES IN 2019
Rule IV, Section 14 Prescriptive Period for Back Pay Claims amended January 28, 2019
Rule XI Performance Evaluations amended January 28, 2019
Rule XII, Section 3.3, 3.4, 5, Layoffs amended January 28, 2019
& 8.3
Rule VIII Section 9.1 Leave for Parental Reasons amended May 31, 2019
Rule IV, Section 2.5 (h) Merit Pay amended October 6, 2019
RULE CHANGES IN 2020
Rule I “Emergency Family and Medical Leave” amended April 20, 2020
Rule I “Emergency Sick Leave” amended April 20, 2020
Rule VIII, Section 2.14 Emergency Paid Sick Leave amended April 20, 2020
Rule VIII, Section 10.2 Emergency Family and Medical Leave amended April 20, 2020
Expansion Act
Rule I “Pay Equity Adjustment” amended June 7, 2020
Rule I “Salary Compression” amended June 7, 2020
Rule IV, Section 2.8 Pay Equity Adjustment amended June 7, 2020
Rule II, Section 4.22 Electronic Signatures amended July 20, 2020
Rule XII, Section 9.2 Furlough Adjustments amended and adopted by the Council
effective December 21, 2020
RULE CHANGES IN 2021
Rule VIII, Section 1.2 Bonus Annual Leave Days amended June 10, 2021 and adopted by the
Council effective June 17, 2021
Rule II, Section 4.17 Appeal Process amended June 21, 2021
Rule IV Section 1.6 Shift Differential amended June 21, 2021, adopted by the
Council effective June 27, 2021
Rule IX Section 1.4 Investigations of Classified Employees amended July 19, 2021
Rule III, Section 7.1(b) Unclassified Positions amended July 19, 2021
Rule VI Section 6 Investigations of Appointments and
Promotions amended July 28, 2021
Rule VII Section 2.9 Interruption of Working Test Period amended July 28, 2021
Rule XI Section 1.5 (a) & (e) Performance Evaluation Timeframe amended September 29, 2021
Rule II Section 9.2 Waiver or Reduction of Costs amended September 29, 2021
RULE CHANGES IS 2022
Rule IV Section 14 Retention Pay Based on Outside Job amended April 11, 2022 and adopted by
Offers the Council effective May 22, 2022
Rule IV Section 2.8 (3) b Pay Equity Adjustment amended April 11, 2022 and adopted by
the Council effective May 22, 2022
Rule V Section 8.1(d) Non-competitive Classifications amended May 16, 2022
ix
RULES OF THE
CIVIL SERVICE COMMISSION
CITY OF NEW ORLEANS
TABLE OF CONTENTS
RULE I .......................................................................................................................................................... 1
DEFINITIONS ........................................................................................................................................... 1
Section 1. ................................................................................................................................................ 1
RULE II ......................................................................................................................................................... 9
ORGANIZATION, RULES, AND PROCEDURES OF COMMISSION ................................................. 9
Section 1. ORGANIZATION OF THE COMMISSION ................................................................... 9
Section 2. RULES ............................................................................................................................ 10
Section 3. MEETINGS .................................................................................................................... 10
Section 4. APPEALS ....................................................................................................................... 11
Section 5. ALTERNATIVE DISPUTE RESOLUTION ................................................................. 15
Section 6. SUMMARY DISPOSITION OF APPEAL .................................................................... 16
Section 7. SPECIAL COUNSEL AND OTHER PROFESSIONAL SERVICES ........................... 17
Section 8. OATHS, TESTIMONY, PRODUCTION OF RECORDS AND DEPOSITIONS......... 18
Section 9. PREPARATION OF THE RECORD ............................................................................. 20
Section 10. EMPLOYEE DISCLOSURE OF INFORMATION ...................................................... 21
Section 11. COMPLIANCE WITH ORDERS .................................................................................. 21
Section 12. ADMINISTRATION OF THE EMPLOYEE-MEMBER ELECTION ......................... 22
Section 13. SELECTION OF PROFESSIONAL SERVICE CONTRACTORS .............................. 24
RULE III ..................................................................................................................................................... 26
CLASSIFICATION PLAN ...................................................................................................................... 26
Section 1. CREATING CLASSES AND ALLOCATING POSITIONS ........................................ 26
Section 2. FORCE AND EFFECT OF CLASSES .......................................................................... 26
Section 3. STATUS OF INCUMBENT WHEN POSITION IS REALLOCATED ........................ 27
Section 4. TEMPORARY WORK IN A HIGHER CLASSIFICATION ........................................ 27
Section 5. DUAL ASSIGNMENTS ................................................................................................. 29
Section 6. CONTRACTS ................................................................................................................. 29
Section 7. UNCLASSIFIED POSITIONS ....................................................................................... 30
Section 8. TRANSFER OF A FUNCTIONAL UNIT ..................................................................... 32
RULE IV ..................................................................................................................................................... 33
PAY PLAN ............................................................................................................................................... 33
Section 1. THE PAY PLAN ............................................................................................................ 33
Section 2. PAY INCREASES .......................................................................................................... 35
Section 3. PAY REDUCTIONS ...................................................................................................... 40
Section 4. PAY RATES OF CASUAL LABORERS AND TEMPORARY WORKERS .............. 41
Section 5. PAY FOR PART-TIME SERVICE ................................................................................ 41
Section 6. USE OF CLASS TITLES ............................................................................................... 41
Section 7. MAINTENANCE AND ALLOWANCE ....................................................................... 41
Section 8. LONGEVITY PAY INCREASES .................................................................................. 41
Section 9. OVERTIME .................................................................................................................... 43
Section 10. MAXIMUM TOTAL COMPENSATION ..................................................................... 45
Section 11. EMERGENCY RATE OF PAY ..................................................................................... 46
Section 12. INCENTIVE PAY .......................................................................................................... 47
x
Section 13. HOLIDAY PAY ............................................................................................................. 47
Section 14. RETENTION PAY BASED ON AN OUTSIDE JOB OFFER………………………..47
Section 15. PAY UPON PROMOTION .................................................................................................... 47
Section 16. PRESCRIPTIVE PERIOD FOR BACK PAY CLAIMS................................................ 48
RULE V ....................................................................................................................................................... 49
EXAMINATIONS ................................................................................................................................... 49
Section 1. APPOINTMENT OF EXAMINERS .............................................................................. 49
Section 2. ADMISSION TO EXAMINATIONS ............................................................................ 51
Section 3. CONTINUOUS EXAMINATIONS ............................................................................... 51
Section 4. RESULTS OF EXAMINATIONS .................................................................................. 51
Section 5. ESTABLISHMENT OF PROMOTION LISTS AND EMPLOYMENT LISTS ........... 52
Section 6. POSTPONEMENT AND CANCELLATION OF TESTS ............................................. 53
Section 7. REMOVAL OF NAMES FROM LISTS ........................................................................ 53
Section 8. NON-COMPETITIVE EXAMINATIONS .................................................................... 54
Section 9. SUBSTANCE-ABUSE TESTING ................................................................................. 55
Section 10. WORKPLACE DIVERSITY AND INCLUSION ........................................................ 61
RULE VI ..................................................................................................................................................... 62
VACANCIES, CERTIFICATION & APPOINTMENT .......................................................................... 62
Section 1. FILLING OF VACANCIES ........................................................................................... 62
Section 2. REQUEST FOR CERTIFICATION ............................................................................... 63
Section 3. CERTIFICATION OF ELIGIBLES ............................................................................... 64
Section 4. REINSTATEMENT AND REEMPLOYMENT ............................................................ 67
Section 5. CONDITIONAL AND TEMPORARY APPOINTMENT ............................................. 69
Section 6. INVESTIGATIONS OF APPOINTMENTS AND PROMOTIONS ............................. 71
RULE VII .................................................................................................................................................... 74
WORKING TESTS .................................................................................................................................. 74
Section 1. EMPLOYEES TO SERVE ............................................................................................. 74
Section 2. INTERRUPTION OF WORKING TEST ....................................................................... 75
RULE VIII .................................................................................................................................................. 77
ANNUAL AND OTHER FORMS OF LEAVE ...................................................................................... 77
Section 1. ANNUAL LEAVE .......................................................................................................... 77
Section 2 SICK LEAVE ................................................................................................................. 81
Section 3. TERMINAL LEAVE ...................................................................................................... 89
Section 4. CIVIL LEAVE ................................................................................................................ 89
Section 5. LEAVE OF ABSENCE WITHOUT PAY ...................................................................... 89
Section 6. SPECIAL LEAVE OF ABSENCE WITHOUT PAY..................................................... 91
Section 7. SPECIAL LEAVE OF ABSENCE WITH PAY ............................................................. 92
Section 8. MILITARY LEAVE WITHOUT PAY .......................................................................... 92
Section 9. LEAVE FOR PARENTAL REASONS (Maternity, Paternity and Adoptive Parent) .... 93
Section 10. FAMILY MEDICAL LEAVE ....................................................................................... 94
Section 11. OFFICIAL EMERGENCY LEAVE .............................................................................. 96
RULE IX ..................................................................................................................................................... 98
DISCIPLINARY ACTIONS .................................................................................................................... 98
Section 1. MAINTAINING STANDARDS OF SERVICE ............................................................. 98
RULE X…………………………………………………………………………………………………..100
RECORDS……………………………………………………………………………………………...100
Section 1. PERSONNEL, PAYROLL AND ATTENDANCE RECORDS…………………… 100
Section 2. AVAILABILITY OF RECORDS……………………………………………………. 101
Section 3. EXAMINATION OF PERSONNEL RECORDS……………………………………..102
xi
Section 4. RECORDS OF THE DEPARTMENT OF CITY CIVIL SERVICE………………….102
RULE XI ................................................................................................................................................... 103
PERFORMANCE EVALUATION SYSTEM ....................................................................................... 103
Section 1. ADMINISTRATION .................................................................................................... 103
RULE XII .................................................................................................................................................... 10
LAYOFFS .............................................................................................................................................. 107
Section 1. ADMINISTRATION .................................................................................................... 107
Section 2. UTILIZATION OF VACANT POSITIONS IN LAYOFFS ........................................ 108
Section 3. SUCCESSION OF LAYOFFS ..................................................................................... 108
Section 4. ESSENTIAL EMPLOYEE EXEMPTION ................................................................... 110
Section 5. USE OF SERVICE RATINGS IN LAYOFFS ............................................................. 110
Section 6. RESTORATION AND TRANSFERS.......................................................................... 111
Section 7. PAYMENT OF TERMINAL LEAVE.......................................................................... 111
Section 8. PREFERRED REEMPLOYMENT BENEFITS .......................................................... 111
Section 9. FURLOUGH TO AVOID LAYOFF ............................................................................ 113
RULE XIII ................................................................................................................................................ 115
VETERANS PREFERENCE ................................................................................................................. 115
Section 1. VETERANS PREFERENCES AND PERSONS ELIGIBLE FOR PREFERENCES
115
RULE XIV ................................................................................................................................................. 117
POLITICAL ACTIVITY........................................................................................................................ 117
Section 1. PROHIBITIONS ........................................................................................................... 117
Section 2. POLITICAL ACTIVITY .............................................................................................. 118
Section 3. PERMISSIBLE ACTIVITY ......................................................................................... 118
Section 4. PENALTIES ................................................................................................................. 118
1
CITY CIVIL SERVICE RULES
(as adopted December 9, 1953, and adopted and amended July 22, 1975 effective August 1, 1975, and in
accordance with Article X of the Louisiana State Constitution of 1974)
RULE I
DEFINITIONS
(amended May 8, 1958, September 24, 1979, November 8, 1979, November 16, 1979, August 28,
1980, March 12, 1981, October 26, 1982, April 19, 1983, July 12, 1984, September 13, 1984,
October 23, 1985, February 13, 1986, January 21, 1988, May 19, 1988, August 24, 1989, amended
September 27, 1990, amended October 25, 1990, City Council approved December 6, 1990, April
20, 1995, April 24, 1997, November 20, 1997, March 4, 1999, April 29, 1999, amended December
13, 2004, effective January 1, 2005, amended November 14, 2005, effective November 14, 2005,
amended November 30, 2009, amended February 17, 2014, effective March 1, 2014, amended
August 25, 2014, effective September 1, 2014, amended December 15, 2014, effective January 1,
2015)
Section 1. The following words and phrases, when used in these Rules, shall have the following
meaning:
1.
"Accumulated Annual Leave": annual leave earned and not used.
2.
"Advance in Rate of Pay": a salary increase given to an employee for a reason other than a
change in the classification of the employee's position or a change in the established pay
grade of the employee's class of positions. (amended September 27, 1990)
3.
"Allocation": the official determination of the class to which a position in the classified
service belongs.
4.
“Annual Rate”: the amount established exclusively by the Civil Service Commission as
enumerated in the pay grade table of the classified pay plan which represents salary or
wages earned by or paid to any employee by reason of services rendered in any position.
(adopted March 4, 1999, effective March 28, 1999)
5.
"Appointing Authority": any officer, board, agency, commission, or person having the
power to make appointments to positions in the city service.
6.
"Appointment": the designation of a person, by due authority, to become an employee in a
position, and his induction into employment in the position.
7.
"Appropriate Employment List": the list established for a particular class of position or, in
the absence of such a list, another list of names of persons who, because they meet certain
required standards or possess certain minimum qualifications, are deemed by the Director
to be eligible for appointment to a position in a class other than the class for they which
they were examined or in which they have permanent status.
2
8.
"Average Service Rating": the simple arithmetic mean of the average scores (the actual
numerical values) given on the employee service rating forms. (amended November 16,
1979)
9.
"Band": a series of test scores, defined by a high score and a low score, which, based upon
the psychometric properties of the total distribution of test scores, may be interpreted as
indicative of a given level of knowledge, skill or ability for a job class. (adopted October
26, 1982, effective October 26, 1982)
10.
"Base Rate": that amount established exclusively by the Civil Service Commission as
enumerated in the pay range table of the classified pay plan which represents salary or
wages earned by or paid to any employee by reason of services rendered in any position,
exclusive of all overtime payment, longevity pay, shift differential pay, special rates of pay
and temporary pay increases earned in accordance with these rules.
11.
"Bonus Sick Day(s), Bonus Vacation Day(s)": sick or vacation leave days that are in
addition to employees' normal accrual. These are measured and used in the manner
described in the definition for "leave days" (amended April 20, 1995).
12.
"Certification ": official notice to an appointing authority, by the Department, of a list of
names of persons from an appropriate employment list, who are eligible to be considered
for appointment to a position in the classified service.
13.
"Certification after Probation": official notice by an appointing authority that an employee
has satisfactorily completed his working test period.
14.
"City Service" or "Civil Service of the City": all offices and positions of trust or
employment with the city, any department, agency, board or commission thereof, or
corporation organized for public purposes, including persons employed by city or joint
federal and city agencies administering city and federal relief and other funds, other than
the military and naval service, irrespective of whether the pay for the offices and positions
of trust or employment be paid out of the city treasury either in whole or in part, except
those excepted by the provision of Article X of the Constitution of Louisiana.
15.
"Class" or "Class of Positions": a definitely recognized kind of employment in the
classified service, designed to embrace positions that are so nearly alike in the essential
character of their duties, responsibilities, and consequent qualification requirements, that
they can fairly and equitably be treated alike under like conditions for all personnel
purposes.
16.
"Classification Plan": all the classes of positions established for the classified service.
17.
"Classified Service": all offices and positions of trust or employment in the city service,
except those placed in the unclassified service by Section 2 of Article X of the Constitution
of Louisiana.
18.
"Commission": the City Civil Service Commission.
19.
"Competitive Position": any position in the classified service that is subject to the
3
requirements relating to appointment on the basis of competitive tests of fitness, and
applies to every position in the classified service that is not expressly excepted or included
among the positions in the unclassified service.
20.
"Consecutive Service": continuous performance of official duties under current
employment in the classified service for an uninterrupted period of time. In cases where an
employee has been separated under the provisions of Rule IX because of inability to work
due to an on-the-job injury, or as the result of a layoff under the provisions of Rule XII, the
employee, upon reinstatement, shall retain his/her original consecutive service date.
However, consecutive service is broken by an employee's dismissal, resignation, or
retirement, except when an employee enters a Deferred Retirement Option Plan (DROP) or
retires due to layoff. (adopted August 28, 1980, amended January 21, 1988, effective
February 1, 1988, amended April 24, 1997, amended and effective November 14, 2005)
21.
"Continuous Examination": an examination for which no final filing date has been set,
which will be given on more than one date, and from which the resulting employment list
is an open list.
22.
“Cumulative service time”: that time of consecutive service, as defined above, prior to a
break in service, which, when meeting the conditions of these Rules, counts as additional
service time towards the calculation of longevity pay increases, annual bonus leave days
and sick bonus leave days.
23.
"Demotion": a change of an employee in the classified service from a position in one class
to a position in another class for which a lower pay grade is provided in the pay plan.
(amended July 12, 1984, effective August 1, 1984, amended September 27, 1990)
24.
"Department": the Department of City Civil Service, including both the Commission and
the Director.
25.
"Departmental Certification": certification from a promotional register of a list of persons
who already have permanent status in a lower class of positions in the same department.
26.
"Director": shall mean the Personnel Director as provided for in Article X of the Louisiana
State Constitution. (amended December 13, effective January 1, 2005)
27.
"Division": any major section or officially designed component or part of an organization
unit of city government. (amended November 8, 1979)
28.
"Dual Assignment": The assignment on an occasional basis of additional duties and
responsibilities ordinarily not embraced by the employee's classification, but comprising
such different and distinct characteristics that the employee discernibly functions in another
classification of work. (adopted July 12, 1984, effective August 1, 1984)
29.
"Eligible": a person whose name is on a list.
30.
“Emergency Family and Medical Leave”: absence from duty in accordance with the
provisions of the Emergency Family and Medical Leave Expansion Act of the Families First
Coronavirus Response Act, as provided in Rule VIII, section 10.2. This definition shall
expire on December 31, 2020.
4
31.
“Emergency Sick Leave”: absence from duty in accordance with the provisions of the
Emergency Paid Sick Leave Act of the Families First Coronavirus Response, as provided in
Rule VIII, section 2.14. This definition shall expire on December 31, 2020.
32.
"Employee": a person legally occupying a position.
33.
"Employment List": an original entrance employment list, a promotion employment list, or
a reemployment list.
34.
"Entrance Examination": an examination for positions in a particular class, admission to
which is not limited to persons employed in the city service.
35.
"Examination": the entire qualifying procedure through which an applicant for a classified
position must go in his attempt to gain a place on an employment or promotional list. An
examination is any formal assessment or combination of assessments used to evaluate an
applicant’s qualifications, licenses, certificates and job-related experience. Examinations
include but are not limited to tests, rating of experience and training, assessment of minimum
qualifications, resume evaluations, structured oral examinations, and job interviews.
(amended June 20, 2016)
36.
"Functional Unit": any officially designated subsection of a division which is contained in
an organization unit of city government. (adopted November 8, 1979)
37.
“Furlough”: a period of absence from work without pay required of employees by an
appointing authority for fiscal or other valid reasons, in order to avoid a layoff. (adopted
November 30, 2009)
38.
"Immediate Family": an employee's father or mother, wife or husband, son or daughter,
brother or sister, grandfather and (sic) grandmother and if living under the same roof with
the employee, other relatives or relatives by marriage or a domestic partner who is
registered with the Clerk of Council in accordance with Chapter 87, Section 87-5 of the
City Code. (amended November 20, 1997, effective December 1, 1997, amended
December 15, 2014, effective January 1, 2015)
39.
“Job Series”: a series of classes or a group of positions which have a close occupational
relationship and provide a natural career progression. (amended April 29, 1999)
40.
"Lateral Classification Change": the change of an employee from a position in one
classification to one in another classification at the same pay grade for which the employee
is qualified. (amended April 20, 1995)
41.
"Law": Article X of the Constitution of Louisiana and the Rules adopted pursuant to
Article X of the Constitution, shall be known as the Law. (amended August 25, 2014,
effective September 1, 2014)
42.
"Layoff": the termination of an employee because of lack of work or financial
appropriation, abolition of position, or any other cause which is not of a disciplinary nature
and does not warrant an appeal. (amended May 19, 1988, effective June 1, 1988)
5
43.
"Leave Day(s)": a period of time equivalent to an employee's regularly scheduled working
day.
• For employees whose work week is thirty-five (35) hours, "leave day" is defined
as seven (7) hours.
• For employees whose work week is forty (40) hours, "leave day" is defined as
eight (8) hours.
• For non-exempt law enforcement personnel, "leave day" is defined as eight (8)
hours and thirty-three (33) minutes.
• For Fire Department employees on a "24 hour on - 48 hour off" work schedule,
"leave day" is defined as twelve (12) hours. (amended April 20, 1995)
• For Fire Department employees on a "5 day - 46 hour work schedule, "leave day"
is defined as nine (9) hours and twelve (12) minutes. (amended October 20, 2014,
effective November 1, 2014)
44.
"Leave Year": a continuous period of twelve calendar months beginning on January 1 of
any year.
45.
“Letter of Reprimand:” a letter of reprimand is an early step in a progressive disciplinary
system. It points out job performance areas that need improvement. It may be used to
support additional disciplinary steps and, as such, is kept in a centralized personnel file to
be referred to as needed. This characteristic distinguishes it from other documentation,
such as a documentation of oral counseling, which is not kept centrally. (Amended
February 17, 2014, effective March 1, 2014)
46.
"List": an employment list, an original entrance employment list, a promotion employment
list, or a reemployment list.
47.
“Monthly Rate”: the amount established by taking the annual rate and dividing by 12.
(adopted March 4, 1999, effective March 28, 1999)
48.
"Open List": a list to which eligibles may be added from time to time through the
continuous examination procedure.
49.
"Organization Unit": any agency, board, commission or department of city government
that is designated by rule or regulation as a complete governmental unit for purposes of
administration of this Law. (amended November 8, 1979)
50.
"Original Entrance Employment List": an employment list for a class resulting from tests
of fitness open to all applicants who meet the prescribed requirements for admission to the
tests, regardless of prior employment in the classified service.
51.
"Pay": salary, wages, fees, allowances, and all other forms of valuable consideration, or
the amount of any one or more of these, earned by or paid to any employee by reason of
services rendered in any position; does not include allowances for expenses authorized and
incurred as incidents to employment.
52.
“Pay Equity Adjustment”: an adjustment to an employee’s pay to maintain uniform pay
within an occupational group/career series or job classification.
53.
"Pay Plan: all the scales of rates of pay prescribed under provisions of the Law for classes
6
of positions in the classified service.
54.
"Pay Status" of an employee: his presence for work or absence on authorized leave with
pay during and throughout each working day in a specified period.
55.
"Personnel Form, Personnel Document, Payroll Document": the forms or documents, paper
or electronic, designated by the Personnel Director for use in effecting personnel or payroll
changes. (amended April 20, 1995)
56.
"Position": any office or any employment, in the service of the city, or two or more of
them, the duties of which call for services to be rendered by one person, including positions
jointly employed by federal and City agencies administering federal and City relief funds.
57.
"Preferred Reemployment": a special case of reemployment which provides the employee
with unique rights and is available only to employees who have been laid off. (amended
April 20, 1995)
55 “Privatize”, “Privatization”: The performance by private enterprise or other public, private
or non-profit entities of a function or service which has been, or could be, provided by
employees in the classified service. (amended March 22, 2001, effective April 1, 2001)
56.
"Promotion": a change of an employee in the classified service from a position in one class
to a position in another class for which a higher pay grade is provided in the pay plan.
(amended July 12, 1984, effective August 1, 1984, amended September 27, 1990)
57.
"Promotion Employment List" or "Promotion List": an employment list for a class
resulting from tests of fitness limited to applicants who are employees of lower classes in
the classified service.
58.
"Promotional Examination": an examination for positions in a particular class, admission
to which is limited to qualified applicants who possess permanent or probationary status in
a classification with a lower pay grade. Probationary appointments to classifications
having the same pay grade and temporary appointments to higher classifications which do
not void the employee's permanent or probationary status shall not disqualify applicants
who are otherwise qualified. (amended September 13, 1984, effective October 1, 1984,
amended September 27, 1990)
59.
"Public Hearing": a hearing held after written public notice has been posted at the
principal office of the Civil Service Commission not less than twenty-four (24) hours
before the meeting, at which any person may have a reasonable opportunity to be heard, in
accordance with rules and regulations adopted by the Commission. (amended September
24, 1979)
60.
"Public Notice": shall consist of the posting of a notice of intention on the part of the
Commission or Department to take certain action. This notice shall be posted on a bulletin
board located at the offices of the Department or published in the official journal of the
City.
61.
"Record": Any form, record, document or similar conveyance in physical or electronic
form. (amended December 13, 2004, effective January 1, 2005)
7
62.
"Reemployment": the reappointment, via a reemployment list, of a former regular
employee who was separated for reasons other than fault or delinquency, to a position in
the class from which he or she was separated. Also, the reappointment of a present
employee who had been demoted. (amended April 20, 1995)
63.
"Reemployment List": an employment list for a class consisting of a list of names of
persons who have previously occupied positions allocated to the class, and who have been
found to be entitled to certification for reappointment to positions of the class.
64.
"Regular Employee": an employee who has been appointed to a position in the classified
service in accordance with the Law and these Rules and who has completed the working
test period.
65.
"Regular Hourly Base Rate": a gradient mode of salary converted from any of the uniform
annual salary steps established exclusively by the City Civil Service Commission as
enumerated in the salary table of the Classified Pay Plan. (adopted April 19, 1983,
amended March 4, 1999, effective March 28, 1999)
66.
"Regulation": a definition, policy, or mode of procedure, consistent with the Rules,
formally prescribed in writing by the Director to govern the manner of giving effect to a
part of Section 10, Article X of the Constitution of Louisiana and these Rules.
67.
"Re-Hire": the employment of a former employee who has no rights beyond those of a new
employee, but for whom personnel records may exist. (amended April 20, 1995)
68.
"Reinstatement": the reappointment of a former working test or regular employee who was
separated from his or her position for reasons other than fault or delinquency.
Reinstatement is made to a position in the same class, with the same department, as that
vacated by the employee. (amended April 20, 1995)
69.
“Salary Compression”: occurs when there is only a small difference in pay between
employees regardless of their skills or experience.
70.
"Selective Certification": certification to an appointing authority by the Department of a
list of names of persons who have been specifically selected from an appropriate
employment list because of their possession of certain necessary and specified
qualifications.
71.
"Sick Leave": absence from duty because of the employee's (1) illness or injury, or (2)
quarantine by health authorities. Sick leave shall also be granted for absence because of
death in the immediate family of the employee (see definition for "immediate family").
(amended April 20, 1995)
72.
"Sick Leave with Pay": (a) payment on account of sickness or accident disability
(including quarantine by health officials and absence before or after childbirth due to
medical reasons); or (b) payment for time absent due to death in immediate family.
(adopted December 28, 1978)
73.
"Special Hourly Base Rate": a gradient mode of salary which is determined by combining
the supplemental pay established by the state legislature with city millage distribution
8
dedicated for increasing the pay of police and fire personnel, converting that sum to an
hourly rate, which is then added to the regular hourly base rate. (adopted April 19, 1983,
amended October 23, 1985, effective April 13, 1986)
74.
"Substance Abuse Testing": an appropriate screening procedure to test for the presence of
any substance, medication or drug that, when taken or used alone or in combination with
some other substance or drug, will modify one or more of the normal sensory or motor
body functions (i.e., coordination, reflexes, vision, etc.) in an individual. This includes
alcohol; any and all forms of narcotics, depressants, stimulants or hallucinogens whose sale
is restricted or controlled by law, as well as prescription medication legally obtainable in
Louisiana, but which nevertheless has been obtained or used illegally. (adopted August 24,
1989, effective September 1, 1989)
75.
"Temporary Appointment": an appointment for a limited period of service without
acquisition by the appointee of any continuing right to be retained as an employee beyond
that period.
76.
"Termination of Service": Separation of an employee from his position by reason of death,
resignation, layoff, dismissal, expiration of his term of appointment, or failure to return
after the expiration of a period of authorized leave.
77.
"Test": a specific phase of the examination process, such as a written test, performance
test, oral interview, experience rating, etc.
78.
"Transfer": the change of an employee from a position in one organization unit to a
position in another organization unit in the same classification; see also "Lateral
Classification Change". (amended April 20, 1995)
79.
"Unassembled Examination": an examination or test for which candidates are not all
assembled in the same place at the same time.
80.
"Voluntary Demotion": a change made with the employee's consent to a classification at a
lower pay grade. (April 20, 1995)
81.
"Working Test Period Employee": an employee who has been appointed to a position from
an employment list, but who has not completed the working test period. The terms
"probation period" and "probationary employee" shall be considered identical with
"working test period" and "working test employee".
82.
“Parental Leave”: leave for parental reasons is a period of absence for eligible
probationary, provisional, and permanent employees who have obtained at least twelve
(12)
months of service, subject to the restrictions provided herein, for:
a)
needs related to pregnancy and birth of a child (maternity leave);
b)
needs related to spouse, father’s (sic) or domestic partner’s pregnancy and birth
of a child (paternity leave);
c)
the adoption of a child (adoptive parent leave). (adopted December 15, 2014,
effective January 1, 2015)
9
RULE II
ORGANIZATION, RULES, AND PROCEDURES OF COMMISSION
(as adopted December 9, 1953 and amended May 19, 1954, January 9, 1957, June 12, 1957, July 6,
1972, January 11, 1973, February 27, 1974, January 30, 1975, July 22, 1975, March 13, 1980,
November 13, 1980, June 10, 1982, July 8, 1982, October 15, 1982, October 26, 1982, August 25,
1983, September 8, 1983, October 19, 1983, November 10, 1983, December 15, 1983, December
11, 1986, January 21, 1988, May 19, 1988, August 18, 1994, June 19, 1995, August 22, 1996,
November 21, 1996, April 24, 1997, December 14, 2000, January 25, 2001, adopted September
17, 2001, amended September 29,2005, amended November 14, 2005, amended May 15, 2006,
amended July 17, 2006, amended February 17, 2014, effective March 1, 2014, amended June 20,
2016, effective July 1, 2016)
Section 1. ORGANIZATION OF THE COMMISSION
1.1
The domicile of the Commission shall be within the City of New Orleans. The
Commission shall be composed of five members, all of whom are electors of the City, three
of whom shall constitute a quorum for the transaction of business and appeals. The
findings of a majority of such quorum shall control. (amended January 21, 1988, effective
February 1, 1988)
1.2
Members of the commission shall serve overlapping terms of six years as hereinafter
provided. Each Commissioner shall serve until his successor is appointed. (amended
January 21, 1988, effective February 1, 1988)
1.3
The presidents of Dillard University, Loyola University, Tulane University and Xavier
University in New Orleans, after giving consideration to representation of all groups, each
shall nominate three persons. The municipal governing authority shall appoint one
member of the Commission from the three persons nominated by each University. As
provided in Section 12 of this Rule, the municipal governing authority shall appoint an
employee-nominee to the remaining position on the Commission. (adopted January 21,
1988, effective February 1, 1988)
1.4
Vacancies in any of the four University-nominated appointments shall be filled in
accordance with procedures for the original appointments and from the same source.
Within thirty days after a vacancy occurs, the University president concerned shall submit
the required nomination. Within thirty days thereafter, the municipal governing authority
shall make the appointment. If the municipal governing authority fails to appoint within
the thirty days, the nominee whose name is first on the list of nominees automatically shall
become a member of the Commission. (adopted January 21, 1988, effective February 1,
1988)
10
1.5
Each of the four University-nominated Commission members shall be paid fifty dollars for
each day of actual attendance at a meeting of the Commission, not to exceed four thousand
dollars for any member in any year, and shall be reimbursed for actual travel expenses
authorized by the Commission. (amended January 21, 1988, effective February 1, 1988)
1.6
Election of a Chairman: The Commission shall, at the regular meeting in September of
each year, elect one of its members Chairman for a term of one year, or until a successor is
duly elected. If because of death, resignation or otherwise, the office of Chairman is
vacated before the expiration of the term of office, the Commission shall elect a successor
at its next regular meeting. (amended January 1, 1988, effective February 1, 1988)
1.7
Rules of Order: The Commission shall not be bound by any rules of order, evidence or
procedure in its meetings, hearings or investigations, except such as it may itself establish.
(amended January 21, 1988, effective February 1, 1988)
1.8
The Personnel Director, acting as Secretary to the Commission, shall keep adequate
records and minutes of its business and official actions. (amended January 21, 1988,
effective February 1, 1988)
Section 2. RULES
2.1
Adoption or amendment: These rules shall be adopted or amended by the Commission
only after public hearing.
2.2
Effective date of amendments: An amendment to the rules shall become effective on the
first day of the month following the date of adoption by the Commission, unless otherwise
specifically provided.
2.3
Upon the proclamation of a state of emergency by the Governor of the State of Louisiana
or the Mayor of the City of New Orleans in accordance with law, the Commission or the
Chairman of the Commission acting alone if the Chairman is unable to convene a meeting
of a quorum of the Commission after diligent effort, may adopt such rules as it or the
Chairman may deem necessary, or as may be requested by the Mayor as necessary, for the
preservation of the public fisc and may, by Order directed to the Personnel Director,
empower the Personnel Director to adopt interim emergency administrative rules and
procedures consistent with these Rules, as amended, provided that all actions taken by the
Director pursuant hereto shall be ratified by the Commission as soon as practicable at any
regular or special subsequent meeting thereof. The provisions of this rule shall be
retroactive to August 29, 2005. (amended September 29, 2005, effective August 29,
2005)
Section 3. MEETINGS
3.1
At least one regular meeting of the Commission shall be held in each month except in the
months of July and August. (amended January 21, 1988, effective February 1, 1988)
11
3.2
Special meetings may be held at times and places specified by call of the Chairman, or of
any three members of the Commission.
3.3
Notice of the time and place of all regular meetings shall be given in writing to each
member of the Commission by the Personnel Director. (amended January 21, 1988,
effective February 1, 1988)
3.4
Meetings of the Commission shall be open to the public.
3.5
Unless otherwise specified by the Commission, meeting of the Commission shall be held at
its offices in space provided for it by the proper city officials, and the Commission shall
maintain its records at that office.
3.6
Unless otherwise specified by the Commission, no weapons shall be allowed at any
Commission meeting or employee appeal hearing. Weapons of any kind must be
relinquished to the custody of the Personnel Director or his representative. (adopted
January 21, 1988, effective February 1, 1988)
Section 4. APPEALS
4.1
Regular employees in the classified service shall have the right to appeal disciplinary
actions to the Commission, including dismissal, involuntary retirement, demotion,
suspension, fine, reduction in pay, or letters of reprimand as defined in Rule I. However, a
demotion, reinstatement to a lower classification, transfer, reduction in pay or layoff
resulting from the application of the provisions of Rule XII governing layoffs shall not be
considered a disciplinary action and thus shall not warrant an appeal except as provided in
Sections 4.5 and 9.1 of Rule II. (amended June 10, 1982; May 19, 1988, effective June 1,
1988, amended February 17, 2014, effective March 1, 2014)
4.2
Persons appealing to the Commission shall do so in writing. (amended June 10, 1982)
4.3
Appeals to the Commission must be actually received in the Department of Civil Service
no later than the close of business on the thirtieth (30th) calendar day following the date of
the disciplinary letter provided to the employee by the Appointing Authority. Should the
thirtieth (30th) calendar day fall on a weekend or an official city holiday, written appeals
will be accepted no later than the close of business on the work day immediately following.
The date the appeal is date/time stamped in the Civil Service Office shall be presumed to
be the date of receipt of an appeal. (amended June 10, 1982; August 25, 1983; January 21,
1988, effective February 1, 1988)
4.4
The burden of proof on appeal, as to the facts, shall be on the appointing authority, except
as provided in Section 4.8 of this Rule. (amended June 10, 1982)
12
4.5
Employees in the classified service who allege that they have been discriminated against
because of their political or religious beliefs, sex, race, age, disability or sexual orientation
shall have the right to appeal to the Commission. (amended June 10, 1982; July 8, 1982,
effective July 8, 1982, amended January 23, 1992)
4.6
Persons who shall have applied for, or shall have been examined for, the classified service
and shall not have established their status as permanent classified employees and who allege
that they have been discriminated against because of their political or religious beliefs, sex,
race, age, disability or sexual orientation in review of their applications, admission to the
examination, the scoring of examinations, the establishment of eligible lists or certification
shall have the right to appeal to the Commission.
4.7
Persons alleging discrimination under Sections 4.5 and 4.6 of this Rule shall file an appeal
with the Civil Service Commission within thirty (30) calendar days of the alleged
discriminatory act. This appeal shall contain the following information:
(a)
The type of alleged discrimination.
(b)
The name(s) of the person(s) alleged to have committed the discriminatory act(s).
(c)
The date(s) of such act(s).
(d)
Where and in what manner such act(s) occurred. (amended June 10, 1982)
4.8
In all cases of alleged discrimination, the burden of proof on appeal, as to the facts, shall be
on the appellant. (amended June 10, 1982)
4.9
Parties shall have the right, but shall not be required, to be represented by counsel. Any such
counsel must be admitted to practice before the Supreme Court of the State of Louisiana.
However, students eligible under the provision of Rule XX of the Rules of the Louisiana
Supreme Court are also eligible to practice before the Commission. (adopted January 9,
1957, amended and effective June 10, 1982, amended and effective November 10, 1983.
4.10
Six legible copies of any petitions, writs, briefs, or other documents other than the initial
appeal submitted by either party or requested by the Commission shall be submitted.
4.11
(a) In response to disciplinary actions involving ten (10) days or less of lost pay, the
employee may choose to use the Alternative Dispute Resolution (ADR) process set
forth in Section 5 of this Rule. Election to proceed with ADR is voluntary and may
be rejected by either party. Once accepted, the choice is final and no further appeal
is allowed.
13
(b) For suspensions or fines in excess of ten (10) working days, dismissals, demotions and
involuntary retirements, any resulting appeal will be assigned to a hearing examiner.
The hearing examiner shall be a licensed attorney who will conduct a formal hearing
in accordance with the Code of Civil Procedure. The hearing examiner is empowered
to administer oaths, rule on the admissibility of testimony and evidence and
supplement the record with pertinent questions. The hearing examiner will prepare a
report of the proceedings for the Commission within fifteen
(15) working days after the completion of the hearing; the report may include
reference to the relative weight or credibility of testimony and evidence, as well as
other observations relevant to the legal strength of either party's arguments (adopted
November 21, 1996, effective November 21, 1996).
4.12
The Commission shall initiate a hearing of the appeal within sixty (60) calendar days after
the appeal is filed with the Commission. Any Party to an appeal may submit a written request
for a continuance to the hearing examiner with a copy to the Commission. The hearing
examiner may grant the request only upon a showing of good cause by the requesting party.
However, if such a motion is filed less than five (5) calendar days prior to the appeal hearing,
the hearing examiner will grant the request only upon a showing of extraordinary
circumstances. The hearing examiner shall grant further continuances only when the party
requesting the continuance establishes extraordinary circumstances. If a continuance is
granted, the parties to the appeal must select a new date for the hearing and advise the hearing
examiner and Commission of the rescheduled date within seven (7) calendar days. When the
continuation of a hearing is granted at the request of an appellant, it shall be deemed to be a
waiver of back pay for the period of time occasioned by the delay, unless the Commission
shall rule otherwise. For the purposes of this Rule, an email to the hearing examiner, with a
copy to the Commission, shall constitute a written request. (amended June 20, 2016, effective
July 1, 2016)
4.13
Dismissal for Non-appearance at Hearing of Appeal (adopted October 18, 1983, effective
October 18, 1983)
(a)
If neither the appointing authority nor his counsel appears at the place and time fixed
for a hearing in which a disciplinary action is at issue, without having been granted a
continuance, the Commission may order the disciplinary action reversed.
(b)
If neither the appellant nor his counsel appears at the place and time fixed for a
hearing, without having been granted a continuance, the Commission may order the
appeal dismissed.
(c)
If either the appellee or the appellant fails to appear at the place and time fixed for a
hearing, but counsel for the absent party is present, the absent party shall be deemed
to have waived his appearance and the hearing shall proceed and testimony may be
taken in the absence of the party with the same effect as if the party were present.
(d)
Nothing in this Rule shall prevent the Commission or a Hearing Examiner from
continuing the appeal if it or he learns the reason for the absence of the party and his
attorney and determines that it was justifiable under the circumstances. (Sections (a)
- (d) adopted October 18, 1983, effective October 18, 1983.
14
4.14
An official transcript of employee appeal hearings shall be made by the Court Reporter
appointed by the Civil Service Commission and only this transcript, its accompanying
exhibits and the hearing examiner's report shall constitute the complete and official record
of said hearings. (adopted March 13, 1980; amended June 10, 1982, adopted December 17,
1992, effective December 31, 1992.
However, the hearing examiner's report shall be furnished to the parties only after the
Commission renders its decision in the matter. No briefs from the parties will be filed
(accepted) after the expiration of twenty days following the submission of the matter for
adjudication by the Commission. (adopted June 19, 1995)
4.15
Audio recordation of appeal hearings before the Commission or its Hearing Examiners, other
than by the Court Reporter, shall be allowed only for the purpose of private reference as
provided by the Canon of Judicial Ethics, and only in those instances where all parties
involved have agreed to the taping. No private tape recording may be released for publication
or played publicly prior to completion of all hearings and subsequent appeals, if any, in the
case, subject to appropriate penalties in law. No other audio recordation and no video
recordation shall be allowed. (adopted March 13, 1980; amended April 10, 1980, June 10,
1982)
4.16
In rendering a decision on any appeal, the Commission in its discretion may modify the
disciplinary action of the appointing authority. Such action may include reducing the penalty
of a dismissal to that of a suspension for a period in excess of one hundred twenty
(120) calendar days. (adopted June 10, 1982)
4.17
Appeals to the Commission shall be decided promptly but in any event within ninety (90)
calendar days after completion of a hearing except when counsel is allowed time to submit
memoranda and/or briefs, in which event the ninety (90) calendar day period shall start
running upon expiration of the time given by the Commission for submission to it of the
briefs, memoranda or reports requested by the Commission. In the event the hearing has been
held before a Hearing Officer or Referee appointed by the Commission, the ninety
(90) day period shall begin to run upon receipt by the Commission of the Hearing Officer's
Report and official transcript of the testimony of said hearing. (amended June 10, 1982)
In the event counsel requests the opportunity to review the transcript of the hearing in order
to file memoranda and/or briefs, the ninety (90) day period shall begin to run upon expiration
of the time allowed by the Commission for submission of said documents. The Commission
in its discretion may require the waiver of back pay during the time necessary to file
memoranda and/or briefs. (adopted November 13, 1980)
In the event of a remand by the Commission to the Hearing Examiner or Referee appointed
by the Commission, the ninety (90) day period shall be considered to have been interrupted.
(amended February 27, 1974)
The entire appeal process from the date of the receipt of the employee appeal by the
Department of Civil Service to the date of the rendering of a decision by the Commission
shall be completed within six (6) months, absent exceptional circumstances justifying the
need for further time beyond six months as approved by the Chairperson of the Commission.
The time period of any delays caused by pre-hearing motions upsetting the hearing date or
15
by a party’s request for continuance shall be added to the six month period. (adopted June
21, 2021, effective July 1, 2021)
4.18
All decisions of the Civil Service Commission will be considered final on the date of
issuance except as provided in Section 4.19. If a re-hearing is granted, the Rules of the
Commission regarding time limitations as set forth in Sections 4.12 and 4.17 of this rule
shall apply. (adopted October 26, 1982; amended January 21, 1988, effective February 1,
1988)
4.19
The Commission shall receive and consider any application for re-hearing filed within ten
(10) calendar days of the issuance of the decision by the Civil Service Commission. In
such cases, the decision will be considered final on the date of notification of the
disposition of the request for re-hearing. (amended January 21, 1988, effective February 1,
1988)
4.20
Decisions of the Civil Service Commission may be appealed to the Court of Appeal, 4th
Circuit. Such appeals must be filed with the Personnel Director within thirty (30) calendar
days of the date that the decision becomes final. (adopted January 21, 1988, effective
February 1, 1988)
4.21
Attorneys’ Fees (adopted May 15, 2006, effective June 1, 2006)
(a)
When the Commission renders a decision it may order either party to pay attorney’s
fees in an amount not to exceed $1,500 if the disciplinary action or the appeal was
frivolous or malicious.
(b)
The hearing examiner may allow such evidence and argument in support of the
request for attorney’s fees as is deemed appropriate considering the status of the
appeal at the time the request for attorney’s fees is filed. Any request for attorney’s
fees must be filed in writing with the Commission prior to the final disposition of
the appeal.
4.22
Commissioners may execute decisions electronically, provided security procedures are in
place that ensure the authenticity of each Commissioner’s digital signature, including a time
and date stamp on which the signature was authorized, and provided that the Commission
ensures encryption measures are in place to ensure secure access of the software application.
(adopted July 20, 2020)
(Section 4 amended January 9, 1957, July 6, 1972, February 27, 1974, March 13, 1980, April 10, 1980,
November 13, 1980, Sections 4.1 - 4.10, 4.12 and 4.14 - 4.17 amended on June 10, 1982 with additional
Amendment to Section 4.5 on July 8, 1982; Section 4.18 adopted October 26, 1982; Section 4.3 amended
August 25, 1983; amended October 18, 1983, November 10, 1983, January 21, 1988, May 19, 1988, June
19, 1995 Section 4.11 adopted November 21, 1996, Section 4.21 adopted May 15, 2006)
Section 5. ALTERNATIVE DISPUTE RESOLUTION
5.1
In order to expedite the process of resolving appeals stemming from lesser offenses, reduce
appeal costs for both the City and the employee, render a fair decision within a short period
16
of time, and in general, simplify the overall administration of the appeal process, the
Commission hereby establishes an Alternative Dispute Resolution process.
5.2
The jurisdiction of the Commission's Alternative Dispute Resolution (ADR) process shall
be limited to:
(a)
suspensions of not more than 10 days or,
(b)
fines of not more than 10 days pay or,
(c)
fines of not more than 10 days annual leave.
5.3
If an employee files an appeal which is perfected, either the appointing authority or the
employee may make application for the use of the ADR process, but all parties must concur
in the use of ADR before it can be commenced.
5.4
The parties must acknowledge in writing that they agree to comply with and abide by the
provisions of the ADR process prior to the commencement of the proceedings.
5.5
The format of the Commission's Alternative Dispute Resolution process shall be as
follows:
(a)
strict rules of evidence are not applicable.
(b)
there shall be no formal discovery process.
(c)
there shall be no written transcript of the proceedings.
(d)
an audio tape of the proceedings shall be made to assist in rendering a judgment.
5.6
A written opinion prepared by the arbitrator shall be promulgated within five (5) working
days of the completion of the proceedings.
5.7
The arbitrator shall have the authority to compel the production of documents which the
arbitrator deems relevant to the proceeding.
5.8
The arbitrator shall have the authority to sustain, reverse or modify the disciplinary action
and/or penalty assigned by the appointing authority.
(Sections 5.1 - 5.8 adopted August 22, 1996, effective August 22, 1996)
Section 6. SUMMARY DISPOSITION OF APPEAL (adopted January 25, 2001, effective February
1, 2001)
6.1
At any time after an appeal has been docketed, a written request may be filed by any
interested party for summary disposition thereof on any of the following exclusive
grounds:
(a)
that the Commission lacks jurisdiction of the subject matter, or of the person
17
against whom relief is sought,
(b)
that the appellant has no legal right of appeal,
(c)
that the appeal has not been made in the required manner,
(d)
that the appeal has not been timely filed as required by Rule II, Section 4.3 or 4.7
of the Commission's Rules,
(e)
that the appeal has become moot,
(f)
that the written notice expressing the cause for the action complained against is
insufficient; or, that the cause as expressed does not constitute legal grounds for the
disciplinary action.
The request for summary disposition shall specifically state the subsection of this Section
upon which it is based.
6.2
Written requests for summary disposition shall be considered by the Commission, which
may require the submission of additional briefs. In all cases in which the appellant and the
appointing authority are represented by counsel, oral argument shall be heard only on
Order of the Commission and only after written request therefore by the party.(adopted
January 25, 2001, effective February 1, 2001)
6.3
In the event that an appellant fails to appear at the time fixed for the hearing of the appeal,
without having requested and having been granted a continuance, the matter may be
dismissed on oral motion made before the Commission or the Hearing Examiner.
6.4
If the Commission denies the request or refers it to the merits, it may later reconsider the
request at any time prior to the final disposition of the appeal.
6.5
The Commission, on its own motion, may at any time summarily dispose of an appeal on
any of the grounds listed in either Section 6.1 or 6.3 of this Rule.
6.6
When the Commission summarily disposes of an appeal, its decision shall be final on the
date it disposes of the case. The Director shall provide written notification of the
Commission's decision to all parties.
6.7
An appellant may withdraw or abandon an appeal at any time prior to the hearing thereof by
filing with the Director a written notice of intention to do so, or upon oral motion before the
Commission or the Hearing Examiner. After an appeal has been heard, it may be withdrawn
or abandoned only with the approval of the Commission. Where the Commission gives its
approval of such withdrawal or abandonment, the Director shall provide written notification
of the Commission's decision to all parties.
6.8
All motions for summary disposition shall be filed with the Civil Service Commission at
least fifteen (15) calendar days prior to the date established for hearing. The Commission,
for good cause shown, may allow the late submission of such a motion. Oppositions to
motions for summary disposition shall be filed no later than five (5) calendar days prior to
the date established for the Commission’s meeting. For good cause shown, the Commission
18
may allow an opposition to be filed after the five-day deadline.
(Sections 6.1 - 6.7 adopted December 15, 1983, effective December 15, 1983,
Section 6.8 adopted June 20, 2016, effective July 1, 2016)
Section 7. SPECIAL COUNSEL AND OTHER PROFESSIONAL SERVICES
7.1
The Commission, when it deems appropriate, shall seek the assistance of professionals
having specialization in one or more fields as necessary to enable the Commission and the
Department to comply with its Constitutional mandate as outlined in Article X.
7.2
The Commission shall have the right to retain Special Counsel of its choosing to represent
the Civil Service Department and the Commission in all legal matters. When so directed by
the Commission, such Special Counsel shall be vested with power and authority to
defend, to institute and prosecute and to intervene in any or all suits or other proceedings,
civil or criminal, as may be deemed necessary for the assertion or protection of the rights and
interests of the Commission, the Civil Service Department, classified employees and merit
principles.
7.3
The Special Counsel shall be admitted to practice before the Supreme Court of the State of
Louisiana.
7.4
Compensation for services rendered shall be determined by the Commission and paid by the
City of New Orleans.
7.5
The Commission shall approve all procedures used in granting professional contracts relative
to the operations of the Department. These procedures shall further its purposes, goals and
mandates.
(Sections 7.1-7.3 Adopted October 15, 1982, effective October 15, 1982, amended April
24, 1997)
Section 8. OATHS, TESTIMONY, PRODUCTION OF RECORDS AND DEPOSITIONS
8.1
Parties are encouraged to work together on the identification of exhibits to be introduced
during the course of the appeal hearing and engage in an open exchange of information and
documentation related to the appeal without the need for the issuance of subpoenas.
However, the Commission, each member of the Commission, the Director, or other persons
designated by the Commission, may administer oaths, subpoena witnesses, and compel the
production of books and papers pertinent to any investigation or hearing authorized by the
Commission pursuant to the Law and Rules. All applications for the issuance of subpoenas
must be filed with the City Civil Service Commission at least fifteen (15) business days prior
to the date established for the hearing. (amended June 12, 1957, January 11, 1973 and June
20, 2016)
8.2
Whenever any party to an appeal, now or hereafter pending before the Commission, desires
to take the testimony of a witness or witnesses who reside outside of the State or reside within
the State but outside of Orleans Parish, the testimony of the witnesses, after due notice in
19
writing to the opposing party or his counsel, a copy of which said notice shall be furnished
the Commission, may be taken in a manner and form as nearly consonant as possible with
applicable provisions of the Louisiana Code of Civil Procedure. (adopted May 19, 1954)
8.3
Motions related to the subpoena of witnesses or documents, or any motions with respect to
the requested documents and/or information shall be submitted to the hearing examiner no
later than ten (10) calendar days prior to the date established for the appeal hearing. Those
parties wishing to file motions after the ten-day deadline must notify the hearing examiner
in writing. The hearing examiner, for good cause shown, may allow the late submission of
such a motion. Oppositions to motions filed under this Section shall be filed no later than
five calendar days prior to the date established for the appeal hearing. For good cause shown,
the hearing examiner may allow an opposition to be filed after the five-day deadline.
(adopted June 20, 2016, effective July 1, 2016)
8.4
Contempt of the Commission: A contempt of the Commission or its Hearing Examiner is an
act or omission by an attorney and/or witness tending to obstruct or interfere with the orderly
discharge of the responsibilities and duties of the Commission or its Hearing Examiner, or
that impairs the dignity or authority of the Commission or its Hearing Examiner.
A contempt of the Commission includes, but is not limited to, any of the following acts:
(a)
Willful failure to comply with a subpoena or summons to appear before the Commission
or its Hearing Examiner, proof of service of which appears of record.
(b)
Willful violation of an order excluding, separating, or sequestering a witness.
(c)
Refusal to take the oath or affirmation as a witness, or refusal of a witness to answer a
non-incriminating question when ordered to do so by the Commission or its Hearing
Examiner.
(d)
Insolent or disorderly behavior toward the Commission or an attorney or other officer or
Hearing Examiner of the Commission, tending to interrupt or to interfere with the business
of the Commission or its Hearing Examiner or to impair its dignity or authority.
(e)
Breach of the peace, boisterous conduct, or violent disturbance tending to interrupt or to
interfere with the business of the Commission or its Hearing Examiner or to impair its dignity
or authority.
(f)
Use of insulting, abusive or discourteous language by an attorney or other person before
the Commission or its Hearing Examiner, or in a motion, plea, brief or other document filed
with the Commission or its Hearing Examiner in irrelevant criticism of the Commission, a
Commissioner, its Hearing Examiner, an attorney, the Director or his/her staff.
(g)
Action by any person taken or ordered to be taken without approval of the Commission
when such approval for the action is required by either the State Constitution or by Civil
Service Rule.
(h)
Failure of any person to comply with any order or directive of the Commission unless
20
otherwise stayed by a Court of proper jurisdiction or unless within the time limits for such
compliance provided by applicable rule or law.
(i)
Willful failure of an attorney to appear at the time and place set for the hearing in which
he/she is to participate.
(j)
Any officer or employee in the classified service who willfully refuses or fails to appear
before the Commission or its designated Referee/Hearing Examiner in response to a
subpoena or a request under the provisions of these Rules, or having appeared refuses to
testify or answer any question after instructed to do so by the Hearing Examiner, or who fails
to produce any subpoenaed documents found pertinent to the hearing by the Hearing
Examiner may be found by the Hearing Examiner to be guilty of contempt in accordance
with these Rules and, in addition to that which is provided for in these Rules, may be found
by the Commission to have forfeited his/her office or position and may be found by the
Commission to be ineligible thereafter for appointment to any position in the classified
service for a period not to exceed two years or be subject to a suspension from his/her
position. Furthermore, the Commission and/or its Hearing Examiner/Hearing Examiner may
grant any and all negative inferences based upon any officer or employee’s failure to respond
to a duly issued subpoena.
8.5 Procedure for Punishing for Contempt
(a) When a person has committed a contempt of the Commission or a Hearing Examiner in
the presence of the Commission or a Hearing Examiner, he/she may be found guilty and
punished therefore by the Commission or Hearing Examiner forthwith, without any trial
other than affording him/her an opportunity to be heard orally by way of defense or
mitigation.
(b) When a person is charged with committing a contempt outside of the presence of the
Commission or a Hearing Examiner, he/she shall be tried by the Commission on a Rule to
show cause alleging the facts constituting the contempt. The Rule may be issued by the
Commission or Hearing Examiner on its own motion, or on motion of the Director.
(c) A copy of the motion and of the Rule shall be served on the person charged, in the manner
of a subpoena, not less than forty-eight hours prior to the time assigned for trial of the Rule.
(d) If a person charged with contempt is found guilty, the Commission shall render an order
reciting the facts constituting the contempt, adjudging the person charged with the contempt
guilty thereof, and specifying the punishment imposed pursuant to Article X, § 11 of the
Louisiana Constitution.
Section 9. PREPARATION OF THE RECORD
9.1 On appeals from the Civil Service Commission, the Uniform Rules of the Court of Appeal,
Fourth Circuit, shall generally apply. The application for appeal, assignment of errors, bond
or other required documents, including, without limitation thereto, a written designation, if
any, of the portions of the record to be transcribed, shall be submitted to the Director of the
Civil Service Department in triplicate with a copy thereof being furnished each opposing
party and the official reporter. The cost of the record as prepared by the Civil Service
21
Department, exclusive of the transcript of testimony, shall be a minimum of
$25.00. In addition thereto, there shall be a reasonable charge per page for any reproduction
necessary. The costs shall be made payable to the Director of the Department of Civil Service
and must be received at least five business days before the return date. The party requiring
the transcript of testimony or any part thereof shall at his own expense arrange for this with
the Civil Service Department and make payment to the Department within twenty (20) days
of the mailing of the cost of the appeal. (adopted July 6, 1972, amended February 27, 1974,
September 8, 1983, August 18, 1994)
If the appellant fails to pay the estimated costs within the time specified, the Commission
upon its own motion or motion by any party, may extend the time within which the costs
must be paid, not to exceed twenty (20) days. The failure to pay costs of the appeal after an
extension of time has been granted by the Commission shall be cause for dismissal unless a
written request by appellant for an additional extension of time to pay costs is received on or
before the extended return day. Additional request for extensions of return day must be made
to the Civil Service Commission, in writing. Such requests may be forwarded to the appellate
court for review and consideration. (adopted September 8, 1983, effective September 8,
1983, August 18, 1994)
9.2 Waiver or Reduction of Costs
The Commission may enter an order waiving or reducing the costs for appeals under Rule II,
section 4.20 on the motion of an individual stating that the individual is unable to pay the costs
of the appeal because of poverty and lack of means. The motion seeking waiver or reduction
of the costs payable to the Director shall be filed within 30 days of the final order at issue.
The individual shall attach an affidavit similar in form and substance to the Civil District
Court for the Parish of Orleans form affidavit for in forma pauperis status. The submission of
supporting documents reflecting that the individual is receiving public assistance benefits or
that the individual’s income is less than or equal to one hundred twenty-five percent of the
federal poverty level shall create a rebuttable presumption that the individual is entitled to an
order waiving or reducing the costs. The Commission may consider a motion to waive or
reduce costs without oral argument with the consent of the Appointing Authority (adopted
and effective September 29, 2021).
Section 10. EMPLOYEE DISCLOSURE OF INFORMATION
10.1 No employee shall be subjected to discipline or discriminatory treatment by an appointing
authority because he or she gives information, testimony or evidence in a prudent manner
to appropriate authorities concerning conduct prohibited by law or regulation which he or
she reasonably believes to have been engaged in by any person(s). If the employee incurs
such treatment despite this admonition, he or she shall have a right of appeal to this
Commission. (adopted October 18, 1983, effective October 19, 1983.)
Section 11. COMPLIANCE WITH ORDERS
11.1
In all appeals to the Commission under these Rules wherein a final judgment has been
rendered by either the Commission, the Court of Appeal, Fourth Circuit, or the Louisiana
State Supreme Court, immediate steps shall be taken by the City to fully comply with the
22
judgment. This restoration shall include, where appropriate, reimbursement for all back
wages and emoluments due and accrued annual and/or sick leave, less an offset for any wages
earned during the period for which back pay was restored. (adopted December 11, 1986,
effective January 1, 1987)
11.2
Appropriate documentation to establish wages earned shall include check stubs and, if
available, appropriate IRS income statements. In lieu of such documentation, a notarized
statement of wages earned for the period in question shall be provided. Additionally, the
Appointing Authority is granted the right to check wage records through the State
Department of Labor. (adopted January 21, 1988, effective February 1, 1988)
11.3
In cases of reinstatement ordered by the Commission where payment for previously accrued
annual and/or sick leave has already been made to the employee, the employee shall have
the option of purchasing either or both all accrued annual and/or sick leave. However, in no
instance shall an employee be allowed to purchase fractions of accumulated leave. (adopted
December 11, 1986, effective January 1, 1987)
11.4
In the event that the reinstatement ordered in Section 10.1 is not fully accomplished within
forty-five (45) days from the date the judgment becomes final, on application from the
employee or his legal counsel, the Commission may assess appropriate attorney's fees for
services occasioned by the City's failure to comply with provisions of this Section in a timely
manner. (adopted December 11, 1986, effective January 1, 1987)
11.5
In order to effect compliance with its orders, the Commission may issue orders withholding
compensation from any person or entity, who, after investigation by public hearing, has been
found by the Commission to be employed or paid by any agency subject to the Commission’s
jurisdiction contrary to the provisions of the Constitution or the Commission’s Rules. Such
orders may be directed to the officer having the authority to approve the payroll or issue the
paycheck for such employee or entity, and the officer to whom it is directed and any other
person to whom such order is directed shall make no payment of compensation or authorize
the making of any such payment to such person or entity until authorized by the Commission
upon penalty of personal liability for the sum so paid contrary to the order of the Commission
and such other penalties as are otherwise provided by the Constitution and/or the Rules.
(adopted December 14, 2000)
Section 12. ADMINISTRATION OF THE EMPLOYEE-MEMBER ELECTION
12.1
In accordance with the provisions of Article X, Section 4, of the Constitution of the State
of Louisiana, a nominating election shall be held among classified employees of the City to
fill a position on the City Civil Service Commission.
12.2
In order to be eligible for consideration as a candidate for the employee-nominated member
of the City Civil Service Commission, an individual must be an elector of the City of New
Orleans and an employee in the classified service of the City.
12.3
A classified employee who desires to be a candidate in the nominating election for
membership on the City Civil Service Commission must submit the following information
before the final filing date:
23
1.
Name, social security number, current job classification, and City agency where
currently employed.
2.
Proof of registration to vote in Orleans Parish.
12.4
The nominating election for employee membership on the City Civil Service Commission
shall be administered by the Civil Service Department using prescribed forms developed
for that purpose. When an election is announced, employees wishing to qualify for the seat
on the Commission may obtain the appropriate filing forms from the Civil Service
Department during the specified pre-election time period. Nominees will be allowed the
option of submitting a brief biographical sketch (50-word maximum) for enclosure with the
official ballot, which, if submitted, must be received in the Civil Service Department by the
close of business on the final date for qualifying. Failure to submit the required
forms/documents in a timely manner will result in the disqualification of the nominee.
12.5
The election process shall be conducted by sealed ballot which may be mailed or delivered
in person to the Civil Service Department or mailed to a designated vendor selected by the
Personnel Director. The official ballot of qualified nominees, listed in alphabetical order,
will be prepared by the Civil Service Department or designated vendor and mailed to each
classified employee hired on or before the final date for qualifying. (amended March 20,
2017)
Only official ballots returned in sealed official envelopes which are received by the close of
business on the final day designated for the receipt of ballots will be counted. All costs of
the election process and any subsequent run-off, protest or judicial challenge shall be
adequately funded by the City of New Orleans.
12.6
Employees will be allowed to vote for three (3) candidates in the nominating election
(amended November 14, 2005, effective December 1, 2005).
12.7
Tabulation of official ballots will be performed by the Civil Service Department or
designated vendor at a time, place and date determined by the Director. If the tabulation is
conducted by the Civil Service Department, then each candidate may designate one
observer (other than the candidate) to be present when the official ballots are tabulated. If
the designee is a City employee and the time of tabulation of ballots is during the
designee's regular work day, annual leave shall be allowed by the designee's appointing
authority. If the tabulation of ballots occurs at the conclusion of the designee's normal
work week or work period, any time spent in observing the tabulation of ballots shall not
be compensable. (amended March 20, 2017)
12.8
The Director will certify and give public notice of the results of the election and transmit to
the City Council the names of the three (3) employees who received the largest number of
votes. The candidate receiving the largest number of votes will be listed first, followed by
the candidate who finished second, and then by the candidate who finished third.
12.9
Within (30) calendar days following the transmittal of names of the three (3) nominees to
the City Council, the Council shall make an appointment of one (1) employee. If the
municipal governing authority fails to appoint within the thirty (30) calendar days, the
24
nominee whose name is first on the list of nominees automatically shall become a member
of the Commission
12.10
The employee member appointed by the City Council shall serve a six (6) year term which
may be completed even if, during the course of the term, the employee retires from City
employment. In the event of the death, resignation or dismissal of the employee member
of the Commission, a nominating election shall be called within sixty (60) calendar days to
fill a new six (6) year term.
12.11
The employee member of the Commission shall be placed on civil leave when attending
meetings of the City Civil Service Commission during the employee member's regular
work day, and will not incur any reduction in salary for time spent away from his or her
regular job. Thus, no honorarium shall be granted to the employee member, except for
retired employees.
12.12
The employee member of the Commission will be required to read transcripts of employee
appeal hearings and to write opinions based on the facts determined therein. This portion
of the employee Commission member's duties must be completed outside normal working
hours, and is not eligible for remuneration.
(Sections 12.1 - 12.12 adopted January 21, 1988, effective February 1, 1988)
Section 13. SELECTION OF PROFESSIONAL SERVICE CONTRACTORS (adopted September 17,
2001, amended July 17, 2006, effective August 1, 2006)
13.1
The retention of Special Counsel pursuant to Rule II, Section 7, and such Hearing
Examiner(s) pursuant to Rule II, Section 4, and other providers of professional services as
the Commission may deem necessary in furtherance of its duties and responsibilities under
the Louisiana Constitution shall be subject to the competitive selection procedure set forth
herein.
(a)
The Commission shall annually, or when otherwise necessary, prepare an
advertisement requesting proposals from professional service contractors.
(b)
Such advertisements shall be published in the Official Journal of the City and in
such supplemental publications or journals as the Commission shall determine are
necessary. The Commission shall attempt to obtain at least three proposals from
qualified contractors. If fewer than three proposals are received, the Commission
may require additional advertisement.
(c)
A Selection Review Rating Committee is hereby established. The Commission
shall select three of its members to serve on the Selection Review Rating
Committee.
(d)
The Selection Review Rating Committee shall consider the specialized experience
and technical competence, performance history, including cost control, work
quality and ability to meet schedules and deadlines, the applicant’s current
workload, maintenance of an office, residence or domicile within Orleans Parish,
25
willingness to promote full and equal business opportunities in accordance with the
City’s Disadvantaged Business Enterprise Program and costs.
(e)
The specific selection criteria and weighting factors to be used for evaluation of
proposals pursuant to this Rule for a particular contract award shall be in writing
and shall be available upon request to any interested person immediately following
the initial advertisement requesting proposals. The weighting of the criteria shall be
determined by the Selection Review Rating Committee for each proposed
procurement based on the nature of the proposed contract. The Commission shall
review and approve the weighting factors for each procurement or type of
procurement.
(f)
The Selection Review Rating Committee shall submit to the Commission the three
best proposals, based on its evaluation and judgment. The Commission shall make
a selection for the award of the professional services contract from one of the three
submitted after giving consideration to the written evaluations prepared by the
Selection Review Rating Committee.
26
RULE III
CLASSIFICATION PLAN
(amended May 9, 1956, July 22, 1975, August 9, 1979, July 8, 1982, July 12, 1984,
February 13, 1986, September 27, 1990, August 22, 1996, June 26, 1997, April 29, 1999,
January 25, 2001, September 17, 2007, amended June 15, 2015, effective July 1, 2015,
approved by the Council July 9, 2015)
Section 1. CREATING CLASSES AND ALLOCATING POSITIONS
1.1
Whenever, in the opinion of the Director, there is necessity for establishing a new class, or
revising or abolishing an existing class in the classification plan, he may anticipate formal
action of the Commission by adding the new class or revising or abolishing an existing
class. Such action shall be subject to ratification by the Commission at its next regular
meeting.
1.2
Subject to approval by the Personnel Director, whenever a job series is affected by the
creation, revision or abolishment of a job class, any regular employee having obtained
permanent status in a higher job class in a job series shall for purposes of reinstatements,
qualifying for examinations, and layoffs be considered as having permanent status in all
lower job classes within that series or a related class of positions. (amended April 29, 1999)
1.3
Hearings on appeals from allocations: If any employee believes that his position has been
improperly allocated, he may protest the allocation by presenting such forms or documents
as the Director may prescribe. The Director or any person designated by him may hold
special hearings to determine the facts of each case and the Director shall make his
decision on the basis of the written statements and forms presented by the employee and on
the facts brought out in the hearing. The employee shall have the right to appeal to the
Commission if dissatisfied with the action of the Director.
Section 2. FORCE AND EFFECT OF CLASSES
2.1
The specification of the classes of position in the classification plan, and their various
parts, shall have the following force and effect:
(a)
In a class specification, the use of a particular expression or illustration as to duties
shall not be held to exclude others not mentioned that are of similar kind or quality.
(b)
In determining the class to which any position should be allocated, the class
specification shall be considered as a whole. Consideration
shall be given to the general duties, specific tasks, responsibilities, qualifications
requirements, and relations to other classes, as together affording a picture of the
kind of employment that the class is intended to embrace.
(c)
Qualifications commonly required for positions of different classes such as
acceptable physical condition, residence within the City of New Orleans (except
27
when waived), honesty, sobriety, and industry shall be deemed to be implied as
qualification requirements for entrance to each class even though they are not
specifically mentioned in the specifications.
(d)
The code number assigned to each class of positions by the Civil Service
Department may be used in all official records of the City in place of the actual
title.
(Section 2.1 amended February 13, 1985, effective January 13, 1986)
Section 3. STATUS OF INCUMBENT WHEN POSITION IS REALLOCATED
3.1 Subject to approval by the Civil Service Commission, when a position is reallocated to
another class because of a gradual change in its duties and the Director deems it
impracticable to hold a competitive examination to fill the position, the incumbent, if a
regular employee, may continue to occupy the position under the other classification on a
permanent basis provided he/she meets the minimum qualifications for that position.
Section 4. TEMPORARY WORK IN A HIGHER CLASSIFICATION
4.1
Subject to the approval of the Director, whenever a regular employee is required by the
appointing authority to temporarily perform, on a full-time basis, duties in a vacant full-
time position of another classification having a higher pay grade, the employee shall be
entitled to receive additional compensation subject to the following conditions:
(a)
The vacancy in the higher position must have been caused by the resignation,
termination, retirement, or leave greater than twenty (20) consecutive working days
by the incumbent for exempt employees and greater than five (5) consecutive
working days for non-exempt employees. (Amended July 20, 2015, effective
February 4, 2016).
(b)
Payment for temporary work in a higher classification continues until the work in a
higher classification ceases, or the vacant position is filled, defunded, unallocated,
or ceases to exist for any other reason. Any position temporarily vacated must be
filled with a permanent appointment or conditional or temporary appointment in
accordance with Rule VI, Section 5. (Amended July 20, 2015, effective February
4, 2016, amended May 21, 2018)
(c)
The rate of pay for work performed in a higher classification may be up to the
minimum monthly rate for that classification, depending upon the employee’s
qualifications. However, if the employee's monthly salary exclusive of longevity is
at or above the minimum for the higher classification or if increasing the
employee's salary to the minimum of the higher class would result in an increase of
less than five percent (5%), a pay increase of five percent (5%) shall be authorized
for the eligible time spent in the higher class. (Amended July 12, 1984, effective
August 1, 1984, amended September 17, 2007, effective October 1, 2007).
28
(d)
If, while performing work in a higher classification, the employee is separated from
the service, any payment of terminal leave shall be paid in accordance with the
employee's rate of pay in his or her permanent (primary) classification.
(e)
If a vacancy occurs and an appropriate employment list is available for certification,
the appointing authority shall not require an employee to work temporarily in the
higher classification, but rather must submit appropriate personnel forms to fill the
vacancy on a permanent basis. (Amended July 20, 2015, effective February 4,
2016).
(f)
In the absence of an appropriate employment list, the appointing authority may
designate an employee to work temporarily in a higher classification, provided the
selection criteria is fair, equitable and uniform in application. When an appropriate
employment register is subsequently established, and the appointing authority has
an employee temporarily working in a higher classification, the appointing
authority must submit appropriate personnel forms and fill the position on a
permanent basis within thirty (30) calendar days of the date that the register is
established.
(g)
Additional credit on promotional examinations cannot be obtained for work
performed on a temporary basis in a higher classification; nor can the appointing
authority reduce the length of the probationary period of any employee who
temporarily served in a higher classification and subsequently is promoted to that
classification from a Civil Service register.
(h)
Payment under this section shall not be available to employees who are receiving
payment for performing the same duties under Rule III, Section 5 related to Dual
Assignments.
(Section 4.1 (a)-(g), adopted August 9, 1979, effective the first pay period in 1980 per City Council
Motion #—79 236)
Section 5. DUAL ASSIGNMENTS
5.1
The prior approval of the Personnel Director is required before any designation of duties
constituting a dual assignment is permitted.
5.2
Prior to appointment in a dual assignment, the employee proposed for the assignment must
satisfy all minimum qualification requirements for that classification as determined by the
Civil Service Department, including possession of any license or certificate required for
positions allocated to that classification.
5.3
No employee shall perform in a dual assignment on a full-time basis. Dual assignments are
granted only to compensate employees for work done on an occasional or intermittent
basis. Any position temporarily vacated for more than three months must be filled with a
conditional or temporary appointment in accordance with Rule VI, Section 5.
5.4
Payment of annual leave, sick leave, terminal leave and designated city holidays shall be in
29
accordance with the employee's pay rate in his or her primary classification.
5.5
Except for those Uniformed Fire Suppression personnel who receive a special dual
assignment rate as identified in the classified pay plan, the rate of pay for work performed
in an authorized dual assignment shall be the minimum annual rate or authorized hiring
rate for that classification. However, if the proposed dual assignment is in a class with a
higher pay grade than his or her primary classification and the employee's rate of pay is
equal to or exceeds the minimum or authorized hiring rate for the proposed dual
assignment, a pay increase of five percent (5%) shall be authorized for all time worked in
the assignment
(amended September 27, 1990, amended June 15, 2015, effective July 1, 2015, approved
by the Council July 9, 2015)
(Section 5.1 - 5.4 adopted July 12, 1984, effective August 1, 1984, amended April 29, 1999)
Section 6. CONTRACTS (adopted January 25, 2001, effective February 1, 2001)
Employees of the City of New Orleans are divided into the unclassified and the classified service.
The unclassified service is limited to those employees serving in positions identified in Article X,
§ 12(B) of the Louisiana Constitution or positions added to the unclassified service through Rule
III, § 7.1. All other employees are in the classified service.
6.1
The Personnel Director shall review and approve any proposed contract for personal or
professional services to be entered into by the City, including but not limited to cooperative
endeavor agreements, and amendments thereto, to insure compliance with Article X of the
Louisiana Constitution and to determine whether such contract would result in the
displacement of employees within the City’s classified service. If the Director determines
that a contract would result in the displacement of employees within the classified service,
he/she will submit the proposed contract to the Commission for review and approval. The
proposed contract shall be provided by the City to the Director within a reasonable amount
of time prior to the effective date of the contract in order to facilitate review by the
Commission in accordance with Section 6.4 of this Rule.
6.2
If the Commission determines that employees within the City’s classified service would be
displaced as a result of the contract, the Commission shall determine whether the City is
entering into the contract for reasons of efficiency and economy and not for politically
motivated reasons.
6.3
In determining whether or not the City is entering into the contract for reasons of efficiency
and economy, the Commission will consider, but will not be limited to, the following:
(a)
A report from the City that details the fiscal savings and/or efficiency gains, if any,
that are realized by such a contract. Such a report shall contain an estimate of the
cost to the City for providing the services contemplated by the proposed contract
using employees in the classified service or the impact to the efficient delivery of
the City services in the proposed contract using employees in the classified service.
(b)
A report detailing any continuing costs to be incurred by the City that would be
directly associated with the proposed contracted function. These continuing costs
30
shall include, but not be limited to, those for inspection, supervision, and
monitoring.
(c)
A report prepared by the Civil Service Department staff as to the effect the
proposed contract for personal or professional services may have on employees in
the City’s classified service, including potential layoffs.
6.4
A copy of the proposed contract, and the items listed in Section 6.3 of this Rule, shall be
reviewed with the Commission at a public meeting. The Commission shall not approve the
contract prior to a subsequent meeting, with due notice given to the public of the proposed
provisions of the privatization contract. Due notice shall include individual notification to
affected employees. The City and the Civil Service Department staff shall facilitate notice
of the Commission’s public meetings to the affected employees. Any such notice shall
contain an explanation of the effects of the contracted services on the status of current
employees, as well as any specific contractual commitments contemplated by the parties,
which affect the interests of displaced employees.
6.5
Commission approval of a proposed contract for privatization shall be effective only for the
term stated in the contract submitted to and reviewed by the Commission. A copy of the
approved contract shall be kept by the Civil Service Department for the duration of the
agreement.
(Section 6 revised and adopted June 20, 2016, effective July 1, 2016)
Section 7. UNCLASSIFIED POSITIONS
7.1
At its discretion, the City Civil Service Commission may add additional positions to the
unclassified service, if:
(a)
after a thorough review and analysis of the duties and responsibilities of the
position, the Commission has determined that they neither are appropriate for, nor
should they be performed by, a classified employee and,
(b)
the position is essentially of a sensitive nature and has considerable
discretion and,
(i) is a department head position or is a position equivalent in rank, duties,
and responsibilities to a department head position OR
(ii) is a deputy department head position or is a position equivalent in rank,
duties, and responsibilities to a deputy department head position and the
position has the expressed written authority to act on behalf of the
department head position or equivalent position in his/her absence OR
(iii) is the executive director position of a city board or is a city board
position equivalent in rank, duties, and responsibilities to an executive
director position of a city board OR
(iv) is a deputy executive director position of a city board or is a position
31
equivalent in rank, duties, and responsibilities to a deputy executive
director position of a city board or is a chief position of a city board and the
position has the expressed written authority to act on behalf of the
executive director position or equivalent position in his/her absence OR
(v) is a position which has been delegated policymaking authority directly
by the final policymaker, which is the mayor or board of directors of a city
board, through either an expressed written request by the mayor or a board
resolution from a city board, to make city-wide policy for the city or
entitywide policy for a city board; employees charged with the creation of
administrative rules and procedures associated with policy implementation
do not meet this provision OR
(vi) is a position regarding which the Director of the Civil Service
Department, subject to final review by the Civil Service Commission, has
determined it is infeasible to conduct an effective merit-based examination,
except for those positions expressly covered under Rule V, Section 8, and
(c) the position is audited on a regular basis by the Civil Service Department to
determine the continuing appropriateness of the unclassified status.
7.2
The Commission may revoke a position previously allocated to the unclassified service if:
(a)
the Commission determines that the position no longer meets the prerequisites for
continuing in the unclassified service, or
(b)
appropriate classifications and/or registers of eligibles are now in existence which
can be utilized to fill the position in the merit system, or
(c)
after further review it has been determined that organizational changes warrant
either abolishing the position or reallocating the duties and responsibilities to other
position(s) in the classified service.
7.3
The Commission shall have the authority to initiate such audits and investigations of
positions placed in the unclassified service by the Commission, as deemed necessary to
protect the integrity of the merit system and maintain an equitable relationship between
positions in the classified and unclassified services.
7.4
If after a position formerly allocated to the unclassified service by the City Civil Service
Commission has been revoked by action of the Commission, and no appropriate register of
eligibles is in existence to fill the position in the classified service, the Commission may
permit the individual who previously occupied the position to serve in a temporary
appointment, subject to the provisions of Rule VI of these Rules.
(Sections 7.1 - 7.4 adopted August 22, 1996, effective August 22, 1996; Section 7.1 (b)
amended July 19, 2021)
32
Section 8. TRANSFER OF A FUNCTIONAL UNIT
8.1
Written notification shall be provided to the Director of any intent to transfer a functional unit,
comprised in whole or in part of classified employees, from one appointing authority to another.
This notification shall be received by Civil Service at least forty-five (45) days prior to the
effective date of the transfer and shall contain the reasons for the transfer and the classifications
and positions to be affected. The Civil Service Commission will review and consider the proposed
transfer to determine its effect on the classified service.
8.2
All employees shall be notified in writing by their appointing authority of their pending transfer
and of the duties and responsibilities assigned to the new position at least ten (10) calendar days
prior to the effective date of the transfer.
(Sections 8.1 - 8.2 adopted June 26, 1997, effective July 1, 1997)
33
RULE IV
PAY PLAN
(as adopted December 9, 1953 and amended July 14, 1954, December 12, 1956, June 12, 1957,
October 17, 1968, October 9, 1969, March 27, 1975, July 22, 1975, April 27, 1976, July 8, 1976,
April 27, 1977, July 14, 1977, February 18, 1979, February 28, 1979, August 9, 1979, effective
November 29, 1979, September 11, 1980, December 29, 1980, April 19, 1983, December 15, 1983
and effective November 15, 1984; amended October 23, 1985, effective April 13, 1986; October 1,
1986, April 30, 1987, effective May 21, 1987; December 21, 1989, amended September 27, 1990,
October 25, 1990 approved by the City Council December 6, 1990, April 20, 1995; amended
February 22, 1996, effective February 22, 1996; amended March 28, 1996; approved by the
Council April 18, 1996, amended October 24, 1996, approved by the City Council March 4, 1999,
effective March 28, 1999, amended December 16, 1999, amended September 21, 2000, approved
by the Council October 5, 2000, adopted by Commission December 16, 2002, approved by the
Council June 5, 2003, effective July 13, 2003, amended May 15, 2006, adopted by the Council
May 25, 2006, effective June 1, 2006, amended November 17, 2008, adopted by the Council April
23, 2009, effective April 5, 2009, amended July 19, 2010, adopted by the Council August 26,
2010, effective July 19, 2010, amended April 28, 2014, adopted by the Council June 2014,
effective April 28, 2014, amended August 25, 2014, adopted by the Council December 11, 2014)
Section 1. THE PAY PLAN
1.1
On the effective date of Article X of the Constitution of Louisiana, the present pay plan
and its amendments for the classified service as adopted under the former Constitution,
R.S. 33:2406 and the Rules of the previous Commission shall be incorporated as part of
this Rule.
1.2
The Director shall, from time to time, recommend changes in the pay plan rendered
desirable by changes in classes, economic conditions, or other factors. Such changes shall
become effective only after approval by the City Civil Service Commission and the
governing authority of the City. (adopted July 14, 1954)
1.3
The pay of all positions in the classified service shall be determined in accordance with the
pay plan in effect and in accordance with the provisions of the Civil Service Law
regardless of any provisions or appropriation for any different salary rate or mode of
payment for any position. The regular hourly base rate shall be determined as follows:
(a)
For those non-exempt employees engaged in law enforcement activities, their
regular hourly base rate shall be computed by dividing the annual salary by twenty-
six (26), and then dividing the quotient by eighty-five and a half (85.5). (Adopted
by Commission December 16, 2002, approved by the Council June 5, 2003,
effective July 13, 2003)
34
(b)
For those non-exempt employees engaged in fire protection activities, their regular
hourly base rate shall be computed by dividing the annual salary by (13), and then
dividing the quotient by two hundred and twelve (212).
(c)
For all other employees, their regular hourly base rate shall be computed by
dividing the appropriate annual salary by fifty-two (52), and then dividing the
quotient by either thirty-five (35), forty (40) or forty-six (46) depending upon the
employee's assigned work schedule.
(Section 1.3 (a) - (c) amended October 23, 1985, ratified by the City Council October 24, 1985, effective
April 13, 1986, amendment approved by Council March 4, 1999, effective March 28, 1999)
1.4
If, for one class of positions, two or more rates of pay are established to reflect equitably
the difference in the unpleasant or dangerous aspects of various assignments made in the
class of positions, changes in assignments shall result in corresponding salary adjustments.
Such salary adjustments shall not be considered either as pay increases or pay reductions,
but must be reported to the Director.
1.5
Where it is necessary to establish wages on an hourly, daily, or weekly basis, such rates
may be computed without regard to existing annual rates as long as they are within the
established pay grade for the class and have prior approval of the Personnel Director.
(adopted October 17, 1968, amended September 27, 1990, approved by Council March 4,
1999, effective March 28, 1999)
1.6
Full-time employees in the classified service who, by virtue of their assignments are
required to work a seven (7), eight (8), ten (10), or twelve (12) hour shift around the
clock, shall be granted additional monetary compensation in accordance with the
provisions listed below. (amended June 19, 2021, effective June 27, 2021)
If, in conjunction with the establishment of flextime and/or compression of the work week
into four (4) work days, the provisions of the following sub-sections (a) through (e) are
met, employees shall continue to be eligible for benefits under the provisions of this
section. (amended April 30, 1987, effective May 21, 1987)
(a)
Employees with work assignments beginning between the hours of 7:00 P.M. and
1:00 A.M. shall receive a shift differential amounting to an increase of 5% in pay.
(amended September 27, 1990, October 24, 1996)
(b)
Employees with work assignments beginning between the hours of 2:00 P.M. and
7:00 P.M. shall receive a shift differential amounting to an increase of 2 ½% in pay.
(amended October 24, 1996)
(c)
Non-Exempt employees who may be required to work overtime after the
completion of their assigned shift shall be paid overtime which is calculated upon
their appropriate hourly base rate. (amended April 19, 1983)
35
(d)
The payment of shift differentials shall apply for only those hours that the employee
actually works on the respective shift. Annual leave, sick leave, and all other forms
of leave including the provisions of Rule VIII, Sections 2.9, 2.10, or 2.11 shall not
be included under the provisions of this section.
(e)
Any City Agency, Board Commission or Department which determines that the
payment of shift differentials is not warranted for its operations, shall submit a
request for an exemption from the provisions of this section to the Civil Service
Commission, accompanied by a detailed justification for the exemption. (Adopted
August 9, 1979 and effective November 29, 1979)
(Sections 1.6 (a)-(d) adopted by the City Council March 4, 1999, effective March 28, 1999.)
Section 2. PAY INCREASES
2.1
The rate of pay for any employee in a classified position who is paid below the maximum
rate of pay of the pay range prescribed in the pay plan for the class of positions involved
may be advanced, subject to the following limitations: (amended December 12, 1956,
September 27, 1990, October 25, 1990, November 17, 2008, August 25, 2014)
(a)
Except for an increase in the rate of pay resulting from a longevity pay increase, a
limited term special assignment, or in conjunction with a revision in the pay grade,
adjustments in the rate of pay may become effective only if the conditions set forth
elsewhere in this section are met, and provided that equitable treatment is assured
for all classified personnel. (amended September 27, 1990)
(b)
No advance in the rate of pay shall become effective until adequate funds are made
available for all organizations units employing classified personnel.
(c)
No advance in the rate of pay for an employee shall be made until that employee
has completed at least two consecutive months of employment immediately
following the date of his original appointment.
2.2
Subject to the revocation of the Personnel Director, an appointing authority may grant a
prospective increase up to 5% within the pay grade to any employee given a special
assignment for a limited term within his class of positions, provided that there shall be a
corresponding pay reduction at the completion of the special assignment. Any increase
above 5% or expected to last beyond one year shall require approval of the Personnel
Director.
(a)
Special assignments must be beyond the scope of current duties and
responsibilities, but need not be in higher classification.
(b)
Special assignment pay shall not be available for additional duties assigned or
assumed as a result of the resignation, termination, retirement, or leave of another
employee.
(c)
A written notice of the intention to affect the increase in pay as well as the
corresponding reduction in pay on the completion of the special assignment shall be
36
given to the employee when the increase is granted.
(d)
Increases and reductions in pay along with written justification for the increase
shall be reported to the Personnel Director in such manner as the Personnel Director
may prescribe.
(amended September 27, 1990, November 17, 2008, August 25, 2014, adopted by the Council December
11, 2014)
2.3
Subject to the prior approval of the Commission and the availability of funds, a special
cost-of-living payment in addition to an employee's usual compensation may be made to all
classified employees, or to such classifications or positions as the Commission in its sole
discretion may determine, which special payment may be granted without regard to
provisions set forth elsewhere in these Rules. This Rule does not create a property right in
any employee for such payment, nor shall said payment be considered an increase in the
pay grade or rate of pay of any employee for retirement benefits, overtime rates or for any
other purpose whatsoever. Any cost of living adjustment adopted by the Commission
pursuant to this rule shall become effective only after approval by the governing authority.
(adopted March 27, 1975, amended September 27, 1990, December 6, 1990, December 16,
1999)
2.4
At such time as service-wide increases are granted, the rate of pay for all employees in the
classified service shall be advanced uniformly so that each employee in the classified
service receives a percentage increase equal to that granted every other employee, subject
to the following limitations:
(a)
Certification must be made to the Commission by the Mayor that adequate funds
are available in every organization unit employing classified personnel.
(b)
The pay increase shall be made effective service-wide on the same date and at the
same time.
(c)
No base rate shall be below the minimum established in the pay plan.
(d)
No base rate shall be above the maximum established in the pay plan.
(amended September 27, 1990, October 25, 1990, November 17, 2008)
2.5
Merit Increases
(a)
The rate of pay for any employee in a classified position may be advanced by action
of the appointing authority, subject to the following limitations:
1.
Annually, each organizational unit shall budget two percent (2%) of the
combined base rates (as defined in Rule I, Number 10) of pay of all
permanent classified positions filled in the organization unit as of January 1
of that year.
2.
The Chief Administrative Officer has not declared that the city possesses
insufficient funds for merit increases.
37
3.
This increase shall not apply to any employees for whom annual pay
increases are addressed under the other federal, state, or local law.
(amended September 27, 1990, October 25, 1990, approved by the City Council December 6, 1990,
amended August 25, 2014, and again December 5, 2014, adopted by the Council December 11, 2014,
amended June 20, 2016, approved by the City Council September 8, 2016)
(b)
Beginning January 1, 2015 and ending December 31, 2017, employees who merit a
performance evaluation of competent or above will be eligible for a 1.25% across the
board pay increase. However, effective, January 1, 2018, all merit increases will be
subject to the following:
1.
An employee who is in active status for at least one year prior to the end of
the annual review period and has completed the performance evaluation
process becomes eligible for and may be granted a merit increase, provided
that the appointing authority has determined his or her performance merits
such an adjustment.
2.
The amount of the increases shall be 1.25% for a rating of “Meets
Expectations” and 3.75% for a rating of “Exceeds Expectations”. An
employee who has a current official overall Performance Evaluation of “Does
Not Meet Expectations” shall not be eligible for any increase under the
provisions of this Rule.
(c)
Such advances shall be effective for the closest pay period after June 1 provided that
suitable documentation evidencing evaluation of the individual employee and
detailing specific justification for the employee’s entitlement to such an increase.
(d)
All increases herein authorized are subject to the requirement that no employee's pay
shall exceed the maximum rate of pay established for the job.
(e)
An employee's eligibility for increases shall not be interrupted by time served in the
military service.
(f)
Any adjustment or increase an employee receives under the provisions of other Rules,
unless otherwise indicated, shall not affect such employee's eligibility to receive
increases authorized under this Rule.
(g)
Upon the implementation of any hiring rate an employee receives under the provisions
of Rule IV, § 2.6, any authorized merit increase an employee received in his/her current
classification as a result of the application of this Rule shall be applied above such a
hiring rate as long as it does not exceed the maximum pay rate for the job classification.
(h)
Any authorized merit increase an employee received in a classification as a result of the
38
application of this Rule shall be cumulative above his/her base rate as long as it does not
exceed the maximum pay rate for the job classification. (adopted effective October 6,
2019)
(amended August 25, 2014, adopted by the Council December 11, 2014, amended February 9, 2015,
adopted by the Council April 16, 2015, amended June 20, 2016, adopted by the City Council September 8,
2016, subsection (g) amended February 20, 2017, adopted by the City Council April 6, 2017)
2.6
Pay above the minimum for recruitment/retention difficulties.
(a)
Hiring or paying above the minimum salary in order to address employment problems
resulting from recruitment and/or retention difficulties may be authorized by the
Personnel Director not to exceed the midpoint of the pay range, provided that:
1.
Appointing authority documents employment problems resulting from
recruitment and/or retention difficulties and maintains detailed objective
analysis of rationale for hiring above the minimum.
2.
Appointing authority receives appropriate approvals established by the Chief
Administrative Officer, or other executive authority for participating
agencies, in advance and reports the approval to the Department in such
manner as prescribed.
(b)
Advances above the midpoint may be authorized by the Commission if the appointing
authority can clearly document that the competitive market justifies the
compensation.
(c)
When special recruitment rates or special retention rates are adjusted downward, the
individual pay rates of employees occupying positions affected by the authorized
rates shall not be changed.
(Section 2.6 adopted February 22, 1996, effective February 22, 1996, amended November 17, 2008,
effective April 5, 2009, amended August 25, 2014, adopted by the Council December 11, 2014)
2.7
Extraordinary or Superior Qualifications, Experience, Credentials
Subject to the revocation of the Personnel Director, an appointing authority may pay an
original, temporary, provisional or regular employee a pay rate of up to the midpoint of the
pay range upon appointment, subject to the following conditions and limitations:
(a)
That the appointee possesses extraordinary or superior qualifications/credentials
above and beyond the minimum qualifications, experience, and/or credentials
required which have been verified and documented as job related, and that the
amount of additional pay shall be justified based on an objective analysis of the
additional financial advantage the increased hiring rate will provide to the city.
(b)
That the duties and responsibilities of a position require the employment of a person
with qualifications/credentials that differ significantly from those normally required
for other positions in the same class, and the persons who possess such
qualifications are not readily available in the labor market at the minimum entrance
39
rate in the pay grade;
(c)
That the pay rate is subject to review by the Civil Service Commission;
(d)
The salaries of all current probationary and permanent employees who occupy
positions in the same job classification and who possess the same or equivalent
qualifications, experience, and/or credentials shall be adjusted up to but not to
exceed the rate granted to that employee provided that the qualifications,
experience, and/or credentials are also verified and documented in the same manner
as that employee. Such adjustments shall only be made on the same date that the
higher pay rate is given to that employee;
(e)
The Commission shall have exclusive, final authority to validate the qualifications,
experience, and/or credentials credited for purposes of this subsection;
(f)
The appointing authority must post all special rates given in a location that is
accessible to all employees. The appointing authority must assure that the posting
remains in place permanently or is replaced when appropriate.
(g)
If an employee with permanent status resigns and is then rehired into either the
same position or into the same job title, or a lower level position in his/her job
series, the employee shall not be eligible for an increase under this rule unless there
has been a break in City service of at least 60 calendar days.
(Section 2.7 adopted November 17, 2008, effective April 5, 2009, amended August 25, 2014, adopted by
the Council December 11, 2014, amended November 16, 2015 and adopted by the Council February 4,
2016)
2.8
Pay Equity Adjustment
(a)
An appointing authority may request a pay equity adjustment within an employee’s
current salary range, if the purpose is to eliminate pay inequity based on one of the
following criteria:
1.
Internal salary inequity between employees in the same or comparable job
classification performing comparable duties and responsibilities when as a
result of a pay plan change or a rule application less senior employees make
more than long-term employees in the same or comparable job classification
provided the qualifications that the employees possess are the same or
equivalent.
2.
Salary compression between supervisors and those whom they supervise. In
cases where a salary increase results in salary compression between a
supervisor and subordinate.
3.
To correct obvious errors in pay administration as determined by the
Personnel Director.
(b)
The intent of pay equity adjustments is to provide consideration to critical and/or
unusual pay administration problems and may include a change in pay grade, pay
40
step, or effective date of pay increase. This also includes other changes if
recommended by the Personnel Director and approved by the Commission. The
appointing authority must present information to demonstrate that the inequity exists
for reasons other than differences in pay due to longevity, merit pay application,
retention pay based on an outside job offer, temporary pay or other permissible
special rates of pay allowed by the pay plan. (amended April 11, 2022, adopted by
the Council May 22, 2022)
(c)
A pay equity adjustment within the salary range requires the approval of the
Personnel Director. The Director in making the determination will consider all
relevant related factors in setting the appropriate pay adjustment. The effective date
of any such pay adjustment shall be the date the inequity occurred subject to the
provisions of Rule IV, Section 14.
(d)
All advances above five percent must be presented to the Civil Service Commission
for approval. For those advances five percent or below, the Director shall issue a
report of all authorized pay equity adjustments to the Civil Service Commission at its
next regular monthly meeting. All pay equity adjustments shall be posted on the
Civil Service website.
(e)
If an appointing authority (1) fails to request a pay equity adjustment for a requesting
employee within 30 days of receiving notice from an employee of a potential pay
equity issue or (2) denies the employee’s request, that employee may seek approval
directly from the Personnel Director for that adjustment. The appointing authority
must present information to demonstrate that the inequity exists for reasons other
than differences in pay due to longevity, merit pay application, temporary pay or
other permissible special rates of pay allowed by the pay plan or provide information
relative to why the inequity does not exist. The appointing authority may appeal a
decision of the Personnel Director to the Civil Service Commission.
(Section 2.8 adopted November 18, 2019, adopted by the City Council June 4, 2020, effective June 7, 2020)
Section 3. PAY REDUCTIONS
3.1
An appointing authority may for cause reduce the salary of an employee within the pay
grade and in conformity with salary steps established for the class. Notice of intention to
effect a reduction in pay and the reasons for such action shall be given to the employee
prior to the effective date of the reduction, and the reduction shall be reported to the
Director in the manner he may prescribe. (amended September 27, 1990)
3.2
Whenever an employee in the classified service voluntarily accepts demotion, the
appointing authority, subject to the approval of the Personnel Director, may determine the
employee's appropriate rate of pay in relation to the rates of pay of other employees in that
class, but in no instance shall the salary exceed the maximum rate of pay for the lower
classification, exclusive of longevity. Under no circumstance shall the existing salary be
increased as a consequence of the demotion. (amended September 27, 1990)
Whenever an employee is demoted in accordance with Rule IX, Section 1.1 (d), the
accompanying reduction in pay shall not be below the minimum salary for the lower class
and shall not exceed for the maximum rate of pay for the lower classification, exclusive of
41
longevity. (adopted September 27, 1990, approved by the City Council October 18, 1990,
amended November 17, 2008, approved by the City Council April 23, 2009, effective April
5, 2009)
Section 4. PAY RATES OF CASUAL LABORERS AND TEMPORARY WORKERS
4.1 When rates of pay are established on an annual or monthly basis, but employment is on a
casual, intermittent, or project basis not involving seasonal or continuing employment, and
an application is made in advance of employment by the appointing authority, the Director
may establish an alternative rate of pay equivalent to the prevailing rate of pay in private
industry for temporary or project work. (approved by Council March 4, 1999, effective
March 28, 1999)
Section 5. PAY FOR PART-TIME SERVICE
5.1
When part-time service is rendered, it shall be the duty of the appointing authority to
certify to the Director on each notice of appointment or change in status of the employee,
the ratio of time rendered by such part-time employee to that rendered by full-time
employees of the organization unit.
5.2
When an employee is employed for part of a pay period, compensation shall be allowed for
the proportionate time he is employed. When part of a day or a short period of time is lost
while the employee remains on the payroll, and no authorized leave with pay is allowed,
deduction shall be made for the hours lost from the total hours constituting full time for the
pay period. (amended June 12, 1957)
Section 6. USE OF CLASS TITLES
6.1 The title of each class shall be the official title of every position allocated to the class, for
all purposes having to do with the position as such, and shall be used to the exclusion of all
others on all payroll, budget estimates, and official records and reports pertaining to the
position. However, any abbreviation or code symbol approved by the Director may be
used to designate a position of a class, and any other title satisfactory to the appointing
authority may be used in official correspondence and in any other connection not having to
do with personnel processes covered by the Law and these Rules. No employee shall be
appointed, employed, or paid under any title other than that of the class to which the
position occupied by him/her is allocated.
Section 7. MAINTENANCE AND ALLOWANCE
7.1 In any case in which any allowance is provided in addition to cash salary, such as meals,
lodging, living quarters, laundry, and the like, including maintenance provided for others
on behalf of the employee, but not including reimbursement of actual and necessary
expenses authorized and incurred as incidents to the employment, all such allowances shall
be treated as compensation in kind, involving part payment of the amount payable under
the rate prescribed and shall be deducted from the money amount payable to the extent of
their cash value, as appraised by the Director.
Section 8. LONGEVITY PAY INCREASES (Amended December 13, 2001, approved by Council
42
February 6, 2003, to be effective January 1, 2002)
8.1
Uniformed fire suppression, fire communications and fire prevention personnel who have
had three (3) years of continuous service with the Fire Department shall receive an increase
in salary of two (2) percent and shall thereafter receive an increase in salary of two (2)
percent for each year of additional service up to and including twenty (20) years. Both the
base pay and accrued longevity shall be used in computing such longevity pay. (Amended
December 13, 2001, approved by Council February 6, 2003, to be effective January 1,
2002)
8.2
Increases in salaries above the normal rate of pay as provided for elsewhere in these Rules
shall be granted to employees in accordance with the conditions listed below:
(a)
All employees having more than one (1) but less than five (5) years of consecutive
service under current employment shall receive two one and one quarter (1.25%)
increases over their normal rate of pay.
(b)
All employees having more than five (5) but less than ten (10) years of consecutive
service under current employment shall receive two one and one quarter (1.25%)
increases over their normal rate of pay.
(c)
All employees having more than ten (10) but less than fifteen (15) years of
consecutive service under current employment shall receive two one and one
quarter (1.25%) increases over their normal rate of pay.
(d)
All employees having more than fifteen (15) but less than twenty (20) years of
consecutive service under current employment shall receive two one and one
quarter (1.25%) increases over their normal rate of pay.
(e)
All employees having more than twenty (20) but less than twenty-five (25) years of
consecutive service under current employment shall receive two one and one
quarter (1.25%) increases over their normal rate of pay.
(f)
All employees having more than twenty-five (25) years of consecutive service
under current employment shall receive two one and one quarter (1.25%) increases
over their normal rate of pay.
(g)
After having completed the twenty-fifth (25) year of consecutive service under
current employment, all employees shall receive two one and one quarter (1.25%)
percent over their normal rate of pay and for each ensuing five (5) year segment of
consecutive service thereafter. (Adopted December 21, 1989, ratified by the City
Council December 28, 1989, effective January 7, 1990 by Council Motion —89-
560; amended September 27, 1990, adopted by Council March 4, 1999, effective
March 28, 1999)
For purposes of implementation, this formula shall be cumulative, but thereafter it
shall operate with the completion of the specified periods of time.
(adopted September 11, 1980, effective March 29, 1981, amended December 21,
43
1989, April 20, 1995, approved by Council March 4, 1999, effective March 28,
1999)
8.3
Subject to the approval of the Director, former employees who are reinstated or
reemployed pursuant to Rule VI, Section 4 shall have their longevity pay calculated on
their cumulative service time, as defined in Rule I, if all of the following conditions are
met:
a.
There is a written request from the appointing authority;
b.
The position is full time;
c.
The employee was separated for reasons other than fault or delinquency on his
or her part; and
d.
The employee was separated for more than three months, but less than three
years.
Section 9. OVERTIME
9.1
Pursuant to the provisions of the Fair Labor Standards Act, non-exempt employees shall be
paid overtime at their appropriate rate of not less than one and one-half (1 ½) times their
rate of pay for each hour worked in a work period in excess of the maximum hours
allowable, which are applicable to the type of employment in which the employee is
engaged. (amended April 19, 1983, October 23, 1985 effective April 13, 1986)
9.2
Pursuant to the specific provisions of 29 U.S.C., Section 207 (k):
(a)
any non-exempt employee engaged in law enforcement activities shall be paid
overtime at the special hourly base rate for all hours worked in excess of eighty-five
and a half (85.5) hours in a fourteen (14) day work period. (adopted by Commission
December 16, 2002, approved by the Council June 5, 2003, effective July 13, 2003)
(b)
any non-exempt employee engaged in fire protection activities shall be paid
overtime at the special hourly base rate for all hours worked in excess of two
hundred and twelve (212) hours in a twenty-eight (28) day work period. (amended
October 23, 1985, ratified by the Council October 24, 1985, effective April 13,
1986)
(c)
any non-exempt employee not covered by Section 9.2 (a) and (b), who receives
state supplemental pay and/or city millage, shall be paid overtime worked in excess
of forty (40) hours in a work period. (adopted April 19, 1990, approved by the City
Council May 3, 1990, effective May 3, 1990)
9.3
Pursuant to the specific provisions of 29 U.S.C., Section 207 (a), any non-exempt
employee shall be paid overtime at the regular hourly base rate for all hours worked in
excess of forty (40) hours in a seven (7) consecutive day work period. (amended October
23, 1985, ratified by the Council October 24, 1985, effective April 13, 1986)
9.4
Annual leave, sick leave, civil leave, military leave, maternity leave, as well as all other
forms of leave, and official and unofficial city holidays will not be counted as hours
44
worked toward the computation of overtime at the completion of the maximum allowable
hours in the respective work period. (amended October 23, 1985, ratified by the Council
October 24, 1985, effective April 13, 1986, amended April 17, 1986, ratified by the
Council June 5, 1986, effective June 5, 1986)
9.5
If it becomes necessary for a non-exempt employee to work on an official city holiday as
designated by the City Council, the appointing authority should adjust the employee's work
schedule to allow another day off during that work period as a substitution for the holiday.
If such a substitution is not possible, then for working on the holiday the employee shall be
paid double time. Under no circumstances shall an employee receive pay less than an
amount equal to straight time for all hours worked plus holiday pay as established in Rule
X, section 1.2. However, on New Year's Day, Mardi Gras, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day or on their days of observance as officially designated
by the City Council, employees who are required to work shall be paid double time and
one-half. Under no circumstances shall an employee receive less than an amount equal to
time and one-half for all hours worked, plus holiday pay as established in Rule X, Section
1.2 (amended October 23, 1985, ratified by the Council October 24, 1985, effective April
13, 1986)
9.6
Non-exempt employees who are required to be "on call" are not eligible for additional
monetary compensation, if such employees have the freedom to go from place to place to
pursue their own interests by either leaving a telephone number where they can be reached
or being able to be reached via radio, "beeper", etc. If the employee has been contacted
and is required to report to work, reasonable travel time to and from the place of work is to
be included as compensable hours of work. (amended October 23, 1985, ratified by the
Council October 24, 1985, effective April 13, 1986)
9.7
(a) For public safety agencies and agencies substantially responsible for staffing annual
special events, advance approval must be obtained from the Civil Service Department
if an employee is expected to exceed 750 hours of overtime in a year, whether
regularly scheduled or otherwise. These agencies are as follows: Aviation, Fire,
Heath Emergency Medical Services, French Market, Parks and Parkways, Police,
Property Management, Public Works, Sanitation, Sewerage and Water Board, and
Youth Study Center. For all other agencies, approval must be obtained from the Civil
Service Department if an employee is expected to exceed 416 hours in a year, whether
regularly scheduled or otherwise. (amended July 14, 1977 and effective February 26,
1979, amended June 20, 2016, adopted by the City Council September 8, 2016,
amended March 19, 2018)
(b)
Approval shall not be required in emergency situations. An emergency situation is
defined as an unexpected, unforeseen event endangering life or property, which
demands immediate action or attention to remedy. (amended July 14,1977 and
effective February 26, 1979, amended June 20, 2016, effective July 1, 2016)
(c)
Each agency that exceeds or anticipates exceeding this threshold shall appear before
the Commission to seek approval and shall submit annually to the Civil Service
Department a projection of overtime by individual, an explanation of the activities
requiring overtime, and a basis for relying on overtime. (adopted June 16, 2016,
effective July 1, 2016)
9.8
(a) Employee in classifications of work whose duties are executive, administrative or
45
professional in nature are not eligible for overtime compensation, subject to the
provisions of 9.8 (b) of this rule. In the future, as new classes are established or
existing classes are modified, the applicability of this section thereto shall be
determined by the Director.
(b)
In the event of an emergency declaration by the Mayor of the City of New Orleans,
exempt employees, who do not meet the FLSA definition of a highly compensated
worked and who are assigned to disaster and/or emergency related activities, at the
approval of their Appointing Authority, may be eligible for the following:
1.
Those exempt employees engaged in law enforcement may be paid not less
than one and one-half (1 ½) times the regular hourly base rate for all hours
worked in excess of forty (40) hours in a seven (7) consecutive work day
period.
2.
Those exempt employees engaged in fire protection activities may be paid
not less than one and one-half (1 ½) times the regular hourly base rate for all
hours worked in excess of forty-six (46) hours in a seven (7) consecutive
work day period.
3.
All other exempt employees may be paid not less than one and one-half
(1 ½) times the regular hourly base rate for all hours worked in excess of
forty (40) hours in a seven (7) consecutive work day period.
In all cases this pay shall conclude when the Mayor announces that the State of
Emergency has ended.
(Section 9.8 amended April 27, 1977, effective February 26, 1979, amended and effective July 19, 2010,
amended April 28, 2014, adopted by the Council June 2014, effective April 28, 2014)
9.9
If a City department or agency has a highly unique work schedule which makes
compliance with a section of this Rule unworkable, the appointing authority shall submit
an alternate overtime proposal accompanied by a detailed justification for this variation to
the Commission for its consideration. No variation to the standard overtime regulation
shall be operative unless approved in advance by the Commission.
(adopted April 27, 1976, amended April 19, 1983, October 23, 1985, effective April 13, 1986; amended
April 19, 1990)
Section 10. MAXIMUM TOTAL COMPENSATION
10.1 At no time shall an employee's total compensation exceed that which is authorized under
the provisions of Rule IV of the City Civil Service Commission Rules. (amended April 27,
1977, effective February 26, 1979.)
46
Section 11. EMERGENCY RATE OF PAY
11.1
If it becomes necessary for an employee (exempt and non-exempt) to work on any day
when the Mayor of New Orleans has declared an official emergency and has requested that
only essential employees report to work, the appointing authority should adjust the
employee's work schedule to allow another day(s) off during that work period as a
substitution. If such a substitution is not possible, then, for working at such time, the
employees shall be paid the following:
(a)
All non-exempt employees shall be paid at a rate of one and one-half (1½) times
their normal rate for all hours worked.
(b)
All exempt employees shall be paid at a rate of one and one-half (1½) times their
normal rate of pay. Normal rate of pay for exempt employees is defined as the
weekly salary.
(c)
In situations where the emergency lasts for less than a normal seven day work
week, then exempt employees shall be paid at a rate of one and one-half (1½) times
their normal hourly rate for all hours worked subject to the maximum allowed for a
regular scheduled work day in keeping with Rule I, Number 40. Under no
circumstances shall an exempt employee receive pay from this section that exceeds
more than one and one-half times his normal weekly salary for an emergency event.
In all cases, this pay is to remain in effect until the Mayor announces the state of
emergency has ended or an announcement is made that City offices are open for business
and employees are to report to work, whichever comes first.
(d)
When the Mayor of New Orleans has declared an official emergency on a day in
which city offices remain open for business, exempt and non-exempt essential
employees (except for highly compensated employees as defined by the FLSA)
who are assigned to perform emergency/disaster field operations duties may receive
five (5) percent over their normal rate of pay while engaged in such duties during a
declared state of emergency. In cases where the emergency declaration extends
beyond four (4) weeks, a request for extension and reasons therefore must be
submitted by the Chief Administrative Office or other executive authority to the
Civil Service Commission for approval along with an anticipated end date and a list
of the essential employees who will remain in the emergency assignment. (amended
September 25, 2017, adopted by the Council October 26, 2017)
(Section 11.1 adopted March 28, 1996, ratified by the Council April 18, 1996, amended May 15, 2006,
adopted by the Council May 25, 2006, effective June 1, 2006, amended April 28, 2014, adopted by the
Council June 2014, effective April 28, 2014)
47
Section 12. INCENTIVE PAY
12.1 As an integral part of a pilot program in the Sewerage and Water Board to increase
productivity and enhance work performance, special monetary compensation in the form of
incentive pay shall be awarded to employees on a quarterly basis for meeting specified
goals and objectives, which have been quantified and applied in a fair, objective and
uniform fashion to all employees involved. (amended September 21, 2000, adopted by
Council October 5, 2000)
Section 13. HOLIDAY PAY
13.1
There shall be a total of ten paid holidays, as established in Rule X, Section 1.2, for all
employees except those who are compensated on a special hourly basis. Employee shall
be paid for Holidays in accordance with Council Motion.
13.2
Employees on leave without pay before or after the Holiday are not eligible for Holiday
Pay.
13.3
Part-time hourly employees receive holiday pay pro-rated based on their average daily
work schedule. Part time employees shall not be eligible for Holiday Pay if their work
Schedule is either intermittent or employee is assigned less than 17 hours per week.
13.4
For non-exempt employees who work on an official city holiday, the appointing authority
should adjust the employee's work schedule to allow another day off during that work
period as a substitution for the holiday. If such a substitution is not possible, then for
working on the holiday the employee shall be paid double time. Under no circumstances
shall an employee receive pay less than an amount equal to straight time for all hours
worked plus holiday pay as established in Rule X, Section 1.2.
However, on New Year's Day, Mardi Gras, Independence Day, Labor Day, Thanksgiving
Day, Christmas Day or on their days of observance as officially designated by the City
Council, employees who are required to work shall be paid double time and one-half.
Under no circumstances shall an employee receive less than an amount equal to time and
one-half for hours worked, plus holiday pay as established in Rule X, Section 1.2
13.5
For exempt employees, when a holiday falls on an regularly scheduled day off or who
work an official city holiday, the appointing authority must provide that employee a
substitute day off within thirty days of the holiday. In no circumstances may holiday pay
be used to supplement the normal weekly salary.
(Sections 13.1 - 13.5 adopted October 20, 2014, ratified by the Council February 5, 2015 to be effective
November 1, 2014)
Section 14 RETENTION PAY BASED ON AN OUTSIDE JOB OFFER
14.1 In order to retain a regular employee who has received an outside job offer an appointing
authority may, subject to the approval of the Personnel Director, authorize pay above the
minimum of up to 15% not to exceed the third quartile (step 31) of the pay range provided
that:
48
(a)
The employee has permanent status.
(b)
The employee has a verifiable job offer at a rate of pay higher than the employee’s
current rate of pay.
(c)
The job offer has been documented by the appointing authority in the manner
prescribed by the Personnel Director.
(d)
The job offer is from an outside employer. Officers from another City department, or
another City Board or Commission will not be accepted. Offers to City employees
from Sewerage and Water Board or offers to Sewerage and Water Board employees
from the City will be accepted provided all other provisions of this rule are met.
(e)
The appointing authority has documented in writing the basis for determining that the
unusually high or unique qualifications of the employee or a special need of the
employee's services makes it essential to retain the employee and that the employee
would be likely to leave the department in the absence of a retention incentive.
(f)
Employees whose base pay, exclusive of longevity and merit pay, is at or above the
maximum of the third quartile of the pay range are not eligible for retention-based
pay.
(adopted April 11, 2022 and ratified by the Council May 22, 2022)
Section 15. PAY UPON PROMOTION
15.1 A promotion is defined as a change of an employee in the classified service from a position in
one class to a position in another class for which a higher pay grade is provided in the pay plan.
When an employee is promoted to a position in a higher grade, his/her Base Rate shall increase
to the minimum pay rate of the new class, hiring rate established pursuant to Rule IV, §2.6, or
by 5%, whichever is greater. (Adopted February 20, 2017, ratified by the City Council April
6, 2017)
Section 16 PRESCRIPTIVE PERIOD FOR BACK PAY CLAIMS
16.1 Any claim for back pay brought by an employee in the classified service based upon the
application of the Pay Plan or the rules regarding classification and compensation must be
submitted in writing, to the Personnel Director no later than three years from the date that
the employee knew, or should have known, about the facts giving rise to the claim. Any
award of back pay shall not extend beyond the three years immediately preceding the
employee’s written submission to the Personnel Director.
Nothing in this section shall modify or reduce back pay awards arising out of appeals filed
pursuant to Civil Service Rule II or Article X, Section 8 of the Louisiana Constitution.
Furthermore, nothing in this rule shall modify or otherwise impact the deadlines contained
in Rule II for filing appeals.
49
RULE V
EXAMINATIONS
(amended March 15, 1956, June 13, 1956, April 3, 1972, July 6, 1972, January 30, 1974, June 13,
1974, July 22, 1975, February 28, 1979, November 13, 1980, October 8, 1981, October 26, 1982,
May 12, 1983, August 25, 1983, November 10, 1983, February 13, 1986, January 21, 1988,
January 24, 1989, August 24, 1989, December 21, 1989, December 31, 1992, January 20, 1994,
March 17, 1994, approved February 16, 1995, effective March 1, 1995, amended June 2, 1997,
November 20, 1997, February 25, 1999, April 29. 1999, September 17, 2001, December 18, 2006,
February 28, 2007, December 14, 2009, February 18, 2013, amended August 25, 2014, effective
September 1, 2014)
Section 1. APPOINTMENT OF EXAMINERS
1.1
The Director may select officers or employees in the city service to act as examiners in the
preparation and rating of tests. An appointing authority shall excuse any employee in his
division from his regular duties for the time required for his work as an examiner. Officers
and employees shall not be entitled to extra pay for their service as examiners, but shall be
entitled to reimbursement for necessary traveling and other expenses.
1.2
The Director may, for the purpose of assisting in the examination of candidates for positions
of high responsibility and positions requiring unusual qualities or qualifications, retain the
services of persons from within or without the state who, because of their experience or for
other reasons, have special acquaintance with the qualities requisite for such positions.
Section 2. ADMISSION TO EXAMINATIONS
2.1
Applicants for all original entrance examinations must be "domiciled in Orleans Parish"
unless this requirement is specifically waived on the announcement. (amended July 6,
1972, January 30, 1974, January 20, 1994)
2.2
Where tests are given in series and the higher tests include all parts of the lower tests,
competitors who fail to qualify as eligibles for the class for which the tests were taken may
be rated with reference to their eligibility for a lower class or classes in the series.
2.3
Unless a maximum age limit is specified on an examination announcement, there shall be
no maximum age limit for the purpose of applying for Civil Service examinations.
(amended June 13, 1974; February 28, 1979; January 21, 1988, effective February 1, 1988)
50
2.4
The Personnel Director shall fix minimum qualifications for training, residence, age, health,
skill, education, or other qualifications for admission to examination for each class. Such
qualifications must be possessed by any applicant by the final filing date for each
examination unless otherwise specified on the official announcement. The Personnel
Director shall seek appointing authority input into establishing the minimum qualifications
and form of examination. No examination will open to applications until such time as the
appropriate appointing authority has signed a draft of the official announcement stating the
minimum qualifications and form of examination. If no agreement between the Personnel
Director and appointing authority is reached on the position's minimum qualifications or
form of examination, the issue may be brought before the Commission for a decision.
(amended August 25, 2014, effective September 1, 2014)
2.5
The Director shall give public notice of each entrance examination at least two (2) weeks in
advance of the test by posting a notice thereof in a means widely accessible to the public,
such as on the Department’s website or on the bulletin board maintained in or near the office
of the Department, and by publishing a brief abstract of the notice in the official journal of
the City and in such other manner as is considered appropriate.
The Director may also advertise examinations in newspapers, professional and trade
publications, post notices thereof in schools and colleges, and employ any other methods of
publicizing examinations which are considered appropriate. (amended February 18, 2013,
effective March 1, 2013)
2.6
The Director shall reject any application filed after the time fixed for closing receipt of
applications, or after a specified number of applications, announced in the public notice of
the tests, has been received.
The Director, subject to the Rules, may reject the application of any person for admission to
any test of fitness, or refuse to test any applicant, or may cancel the eligibility of any eligible
on any employment list, who is found to lack any of the qualifications prescribed as
requirements for admission to the tests for the class for which he has applied or because his
character or reputation is deemed unfit for employment in that class, or who is addicted to
the habitual use of drugs or intoxicating liquors to excess, or who has been adjudged guilty
of a crime involving moral turpitude or infamous or notoriously disgraceful conduct, or who
has been dismissed from the public service for delinquency or misconduct, or who has made
a false statement of any material fact, or has practiced or attempted to practice deception or
fraud in his application or his tests or otherwise in securing eligibility for appointment or
attempting to do so. Any such facts shall also be considered cause for removal of any
employee.
2.7
The time fixed for closing receipt of application shall be the close of business on the date
announced in the public notice of examinations. Applications received in the office of the
Department of City Civil Service after this time shall be rejected.
51
Section 3. CONTINUOUS EXAMINATIONS
3.1 The Director may, subject to these Rules, hold examinations for which no final filing date
has been set, which will be given on more than one date, and from which the resulting
employment list is an open list. In providing means by which continuous examinations for
a class of positions shall be held, the Director may determine the length of time to be
elapsed before a candidate may reapply for an examination for which he failed to qualify as
an eligible.
Section 4. RESULTS OF EXAMINATIONS
4.1
Open lists. The order of names on an open list, and the period for which an eligible's name
shall remain on an open list, shall be governed by the following: (1) the period of eligibility
for each person on such lists shall be one year unless extended in accordance with Section
5.3 of this Rule; (2) eligibles shall be listed on the employment list in accordance with their
highest rating or re-rating on the examination.
4.2
The Personnel Director shall keep the scored answer sheets and other documents of
candidates for a period of at least thirty (30) days after the notification of test results.
Candidates may inspect their answer sheets for written multiple choice examinations for
thirty (30) days after notification of test results. The Director reserves the right to
determine the nature, form and extent of the review based upon the characteristics of the
particular exam and the likelihood that the exam or portions of the exam will be used again.
Persons requesting an opportunity to review their results shall arrange for an appointment
in the manner and on the forms prescribed by the Director. (amended May 24, 1990,
effective May 24, 1990)
4.3
A manifest error in rating a test, or in the publication of an examination announcement,
shall be corrected if called to the attention of the Director within one month after the
establishment of the list, but such correction shall not invalidate any appointment
previously made from such list. If the error is identified during the examination process,
the Director shall halt further steps in the examination process until a determination is
made regarding the effect of the error. Any errors identified on a list of eligibles shall be
corrected whenever discovered during the life of the register without effect on any
appointments previously made. (amended November 13, 1980)
4.4
In any instance where the number of candidates for a position far exceeds the number of
existing vacancies in the classified service, the Director may set forth a predetermined
number to be used in deciding on the number of candidates to be placed on an employment
list.
(Section 4 amended October 26, 1982, May 24, 1990)
52
Section 5. ESTABLISHMENT OF PROMOTION LISTS AND EMPLOYMENT LISTS (amended
July 25, 2001)
5.1
On every competitive promotion list and employment list, the eligibles shall be ranked in
the order of their ratings earned in the examination given for the purpose of establishing the
list. The Director may determine that ratings earned in the examination shall be divided
into bands. Bands shall be established based on psychometric properties of the test score
distribution or on job analysis information. All scores falling within a given band shall be
considered tied. (amended October 26, 1982, effective October 26, 1982, January 20,
1994)
5.2
The Personnel Director shall determine at the time any promotion list or employment list is
established, the period during which the list shall remain in force, which shall not be less
than three months nor more than three years at the discretion of the Personnel Director, in
cooperation with the affected appointing authorities for departmental specific
classifications and sub-headings. If no agreement between the Personnel Director and
appointing authority is reached, the issue may be brought before the Commission for a
decision. (amended January 24, 1989, effective January 24, 1989, March 17, 1994,
amended August 25, 2014, effective September 1, 2014)
5.3
Any period during which any list may remain in force may be extended by the Director for
a period no longer than three years from the date of the original establishment thereof. The
Civil Service Commission may extend such lists for up to an additional two (2) years.
(amended January 24, 1989, effective January 24, 1989)
5.4
Combining lists: When establishing a list for a class for which a list already exists, the
following conditions shall apply: (amended July 25, 2001, amended December 14, 2009,
effective January 1, 2010)
(a)
If the same test was used to create both lists, the names on the current and new lists
shall be placed on one list arranged according to examination score. If the name of
any individual appears on both the current and new lists, his standing on the
combined list shall be determined by the highest score obtained on either of the
examinations.
(b)
If the tests used to create the lists being combined are not the same, names on the
new list shall precede those on the current list.
(c)
In any case that lists are combined, names from the current list shall be removed
from the combined list at the time the current list is allowed to expire. In any case
that banded lists are combined, the number of the band is considered the
examination score.
53
5.5
Selective certification list: Upon the prior request of an appointing authority or on his own
initiative, the Director may establish a list for a part of a class, if in his judgment it is
advisable for the good of the service to certify to some positions in the class only eligibles
who have qualifications of age, sex, residence, physical characteristics, physical condition,
training, experience, specialized knowledge, specialized manual skill, facility in the use of
a foreign language, possession of a license, possession of paraphernalia, equipment or
facilities, or other qualifications, which are not required in all positions of the class.
5.6
Promotion lists: Such lists may be established on a service-wide, or a departmental-wide
basis as determined by the Director in cooperation with the appointing authorities.
Section 6. POSTPONEMENT AND CANCELLATION OF TESTS
6.1
In the event that a sufficient number of qualified candidates have not made application for
a test, the Director may postpone the final filing date and the date of tests or cancel the tests
or any of the parts thereof, and shall, in each case, give suitable notice thereof to the
applicants.
6.2
In the event that budgetary or other changes render the establishment of a list of eligibles
unnecessary, the Director may cancel the examination at any stage of the process, provided
notice thereof is made to all applicants. (adopted November 13, 1980)
Section 7. REMOVAL OF NAMES FROM LISTS
7.1
Names of eligibles shall be removed from an eligible list by operation of any of the
following causes:
(a)
Refusal of three offers of appointment under conditions previously listed by the
eligible as acceptable.
(b)
Appointment through certification from such list to fill a permanent position.
(c)
Appointment through certification from the eligible list for another class at the
same or higher compensation. In such case, at the request of the appointee, his
name may be continued on, or restored to, any or all lists other than the one from
which the appointment was made, for the remainder of the period of eligibility on
such list.
(d)
Filing of a statement by the eligible that he is not willing to accept appointment.
Such statement of unwillingness may be restricted to a limited period of time, or to
geographic locations, or positions involving other conditions of employment, as
specified. The name of the eligible shall then be treated as not available and shall
be passed over in certification to fill the vacancy under the conditions specified as
though such name did not appear on the list. Any eligible may renew his eligibility
at any time during the life of the eligible list by filing a new statement as to the
time, place, or other conditions under which appointment will be accepted.
54
(e)
Failure to respond, within the time specified in the notice, to any inquiry of the
Director or appointing authority if satisfactory evidence is not furnished justifying
such failure to respond.
(f)
Failure to report for work after accepting appointment.
(g)
Expiration of the term of eligibility on an eligible list.
(h)
Notice by postal authorities of their inability to locate an eligible at his last known
address.
(i)
Death of an eligible.
(j)
Loss of citizenship.
(k)
Review of eligibility of an eligible who is found to lack any of the qualifications
prescribed as requirements for admission to the tests for the class for which he has
applied, or who is physically unfit to perform effectively the duties of a position of
the class, or who is addicted to the habitual use of drugs or intoxicating liquors to
excess, or who has been adjudged guilty of a crime involving moral turpitude or
infamous or notoriously disgraceful conduct or who has been dismissed from the
public service for delinquency or misconduct, or who has made a false statement of
any material fact or has practiced or attempted to practice deception or fraud in his
application or in his tests or otherwise in securing eligibility for appointment or
attempting to do so.
Section 8. NON-COMPETITIVE EXAMINATIONS (amended September 17, 2001)
8.1
In accordance with Article X, Section 7 of the Constitution, the Personnel Director, by and
with the approval of the Civil Service Commission, may hold non-competitive entrance
and promotional examinations in the following classes of work and under the following
conditions when he deems it impractical to hold competitive examinations:
(a)
Entrance examinations for classes of work to be defined by the Personnel Director
and published as a non-competitive minimal skills series, such classes to be limited
to those having no administrative or supervisory responsibilities and requiring
minimal verbal or clerical skills for proper performance of duties. (amended May
12, 1983, effective May 12, 1983, amended February 13, 1986, effective February
13, 1986)
(b)
Entrance and promotional examinations where highly specialized professional or
technical training is required, provided such training can be adequately
demonstrated by possession of related certificates.
(c)
Promotional examinations where the appointing authority requests a non-
competitive examination for the reasons that experience in a particular division or
section of the department is a necessity for competence in a position. Such requests
must be made in writing and must receive the approval of the Personnel Director.
55
(d)
In the following specific classes of work until such time as the Commission
withdraws permission or the Personnel Director recommends that competitive
examinations are practicable: (amended July 18, 1991, February 14, 1997,
September 17, 2001, December 18, 2006)
Accountant Trainee
Administrative Support Supervisor
Administrative Support Supervisor III
Administrative Support Supervisor IV
Administrative Support Manager I
Administrative Support Manager II
Automotive Mechanic I
Automotive Mechanic II
Automotive Mechanic III
Equipment Operator I
Firefighter I (Promotional)
Firefighter II
Food Services Worker
Gardener
Juvenile Detention Counselor I
Law Clerk
Lead Programmer - Analyst
Licensed Practical Nurse I
Licensed Practical Nurse II
Licensed Practical Nurse III
Office Support Specialist
Plant Attendant
Police Officer
Senior Police Officer
Police Recruit
Principal Office Support Specialist
Senior Office Support Specialist
Traffic Signal Technician
Tree Trimmer
Water Meter Reader, Trainee
Water Meter Reader
(Amended April 3, 1972, August 19, 1976, April 27, 1977, March 16, 1978, October 8, 1981, May
12, 1983, effective May 12, 1983, August 25, 1983, November 10, 1983, March 13, 1986,
February 24, 1988, July 18, 1991, September 17, 2001, December 18, 2006, May 16, 2022)
Section 9. SUBSTANCE-ABUSE TESTING (adopted August 24, 1989, effective September 1, 1989,
amended December 21, 1989, September 27, 1990, adopted December 17, 1992, effective
December 31, 1992, approved February 16, 1995, effective March 1, 1995, amended June
2, 1997, effective June 2, 1997, amended February 25, 1999, effective March 1, 1999
amended February 28, 2007, effective February 28, 2007, amended November 19, 2018)
56
9.1
In order to protect the health, welfare and safety of the public, co-workers and the
individual employee, heighten efficiency and effectiveness of service to the public, and
insure the continued integrity of the merit system, a comprehensive program of substance-
abuse testing of applicants and employees shall be undertaken in accordance with the
provisions of this Rule.
9.2
All individuals who apply for original entrance examinations to fill positions in the
classified service of the City shall voluntarily submit to the substance abuse screening
procedure as a qualifying condition of eligibility for completing the examination process.
9.3
At the appropriate stage of the examination procedure, determined by the nature and degree
of sensitivity of the position for which application has been made, the substance abuse
testing procedure shall be conducted in the following manner:
(a)
Positions that require carrying a firearm and continuing certification in its proper
use shall be termed security sensitive positions per se (Category I), and all
applicants for such positions shall be required to successfully complete a pre-
employment substance abuse screening, as well as post-employment substance
abuse screening during the probationary (working test) period. (amended
September 27, 1990)
(b)
Positions where the safety of the public, co-workers and the individual employee
are at risk, shall be termed safety sensitive positions (Category II), and all
applicants for such positions shall be required to successfully complete a pre-
employment substance abuse screening, as well as post-employment substance
abuse screening during the probationary (working test) period. (amended
September 27, 1990)
(c)
Applicants for all other positions, who are currently not city employees, shall be
required to successfully complete a pre-employment substance abuse screening.
(amended June 2, 1997, effective June 2, 1997, amended November 19, 2018)
9.4
Refusal to participate in the substance abuse screening procedure, or failure to undergo the
screening procedure at the time and place designated for testing, or tampering with or
attempting to adulterate the sample, shall be considered to be presumptive evidence of the
individual's inability to pass the substance abuse testing procedure.
9.5
Any individual who either does not pass the pre-employment substance abuse screening
procedure, or who does not undergo the pre-employment screening procedure at the
prescribed time and place designated for testing, or tampers with or attempts to adulterate
the sample, shall be considered as having failed that portion of the examination procedure.
Any individual who either does not pass the post-employment substance abuse screening
procedure, or who does not undergo the post-employment screening procedure at the
prescribed time and place designated for testing, or tampers with or attempts to adulterate
the sample, shall be considered as having failed to successfully complete the probationary
(working test) period.
57
9.6
Any employee who has been terminated for failure to successfully complete the substance
abuse screening procedure, may again seek employment with the City in accordance with
the following procedure:
(a)
Persons having achieved permanent status in a classification may be reinstated with
probationary status to any class where they successfully completed the working test
period.
(b)
Persons having previously attained permanent status in a classification, as well as
those terminated during their probationary periods, may have their names restored
to employment registers still in existence.
(c)
In addition to the aforementioned groups, any individual may make application for
employment with the City pursuant to the provisions of Rule V, Section 2.,
Admission to Examinations.
Persons seeking employment with the City under the provisions of this section of
the Rules, must submit documentation of their successful completion of a certified
treatment program and continuing participation in an aftercare program, and agree
in writing to voluntarily submit to unannounced substance abuse testing for a period
of 24 months, if ultimately employed by any agency of City government. (adopted
December 17, 1992, effective December 31, 1992)
9.7
The Director shall determine the appropriate laboratory to perform the substance abuse
testing, subject to their compliance with the following criteria:
(a)
The laboratory uses the best available technology for insuring the full reliability and
accuracy of substance abuse testing procedures.
(b)
The laboratory employs strict procedures governing the chain of custody of samples
collected for substance abuse testing to insure the integrity of each screening
sample by carefully tracking its handling from the point of collection to final
disposition of the sample.
(c)
The laboratory issues reports of positive test results only where an initial positive
test resulting from enzyme multiplied immunoassay technique (EMIT) screening is
confirmed by a separate procedure such as thin layer chromatography or gas
chromatography/ mass spectrometry.
(d)
The laboratory guarantees a minimum confidence level of 95%, by which is meant
no false positive results and less than 5% false negative results.
(e)
The laboratory maintains strict confidentiality of all sample results so that at no
time will the laboratory release results from any substance abuse test to anyone
except an authorized representative of the Civil Service Commission.
(f)
The laboratory agrees in writing to hold the City of New Orleans harmless against
any liability resulting from the laboratory's failure to comply with these or other
governmental standards. (amended September 27, 1990)
58
(g)
The laboratory has obtained certification from the Substance Abuse and Mental
Health Services Administration (SAMHSA) and operates in accordance with those
standards (amended and effective February 28, 2007).
9.8
An appointing authority, after having submitted sufficient justification for its request, may
petition the Commission to grant approval for substance-abuse testing as an integral part of
the promotional examination. If the Commission's approval is obtained, then the
provisions of Sections 9.3, 9.4 and 9.5 of this Rule shall likewise apply.
9.9
The Director, after consultation with representatives of appropriate health and human
services groups, law enforcement officials, appointing authorities, and other interested
parties, shall prepare and maintain a list of substances for which testing shall be employed,
as well as specific detection levels that are compatible with governmental requirements and
consistent with standards normally acceptable within the industry.
9.10
At the time of the collection of the sample, an employee, at his or her expense, may request
that a portion of this sample be made available for a separate, confirmatory test at another
laboratory, which is likewise certified by the Substance Abuse and Mental Health Services
Administration (SAMHSA). At all times during the process of sample transportation,
testing and storage, a strict chain of custody of the sample must be maintained in
accordance with acceptable industry standards, and approved by the City's Medical Review
Officer. Results of this additional test shall be sent to the employee and the City's Medical
Review Officer. (approved February 16, 1995, effective March 1, 1995, amended and
effective February 28, 2007)
9.11
All employees who occupy positions that have been determined by the Civil Service
Department to be either: a safety sensitive position (Category II); a security sensitive
position per se (Category I); and appointing authorities who have such personnel in their
employ, shall participate in a screening procedure for substance abuse in accordance with
the following requirements:
(a)
Based upon the level of funding allocated for substance abuse testing by the City
Council and after consultation with the Chief Administrative Officer of the City, the
Director shall determine the frequency of the testing to be instituted each year, for
all employees in Category I and II positions, in accordance with the following
preference: random, routine (annual), periodic, intermittent. (amended September
27, 1990)
(b)
Times and dates of test shall not be announced in advance.
(c)
Each appointing authority having personnel in Category I and/or Category II
positions in their employ shall be responsible for the formulation of a reasonable
plan for the selection and transportation of personnel to and from the collection
and/or testing site.
59
9.12
An employee shall be required to participate in the substance abuse screening procedure if
there exists reasonable suspicion (Category III) to believe that the employee's fitness for
duty is questionable, based on the following criteria:
(a)
Any observable, work-related behavior or similar pattern of conduct that appears to
be abnormal, erratic or otherwise not in conformance with acceptable City policy.
(b)
Any observable, work-related behavior or similar pattern of conduct that indicates
signs of impairment in normal sensory and/or motor body functions.
(c)
Any articulable facts or evidence that indicate possible substance abuse on the job.
(d)
Any information or evidence that warrants, or emanates from, an authorized
investigation of possible drug-related activity by a specific individual or group.
(e)
Any pattern of alcohol and/or drug-related behavior, conduct or activity that is
violative of municipal, state or federal law.
9.13
All employees in safety sensitive and security sensitive positions, and all other employees
who may be called upon to operate equipment in the ordinary scope of their employment
shall be required to participate in the substance abuse screening procedure if the employee
is involved in an on-the-job accident, sustains an on-the-job injury, or is associated with a
"near-miss" on-the-job incident (all these examples are included in Category IV). For
purposes of this Rule:
(a)
The term "accident" refers to any occurrence which requires treatment by qualified
medical personnel, causes injury or fatality, produces damage to property or
material, or interrupts and/or terminates scheduled work assignments.
(b)
The term "near-miss" refers to any incident which might have resulted in an
"accident" (as defined above) but for the intervention of some special action,
circumstance or event, and which was caused to any degree by violation of safety
rules or procedures, by careless or negligent conduct or by the failure to use
prescribed personal protective equipment.
Each appointing authority having personnel in their employ who are the subject of
Category IV testing, shall be responsible for the transportation of personnel to and from the
collection and/or testing site within a reasonable period of time after the accident, injury or
incident occurs. Failure of the employee to participate in the substance abuse screening
procedure in a timely manner may result in the forfeiture of coverage under the provisions
of Rule VIII, Sections 2.9, 2.10, and/or 2.11. (amended February 25, 1999, effective
March 1, 1999)
9.14
The identity of each employee participating in the substance abuse screening procedure
shall be verified by picture identification. If circumstances make such identification too
onerous, the employee's identity may be confirmed by the designated representative of the
appointing authority who knows the employee's identity.
60
9.15
Upon receipt of written confirmation from the laboratory on a positive test result of an
employee, the Director shall forward this information to the City's medical review officer
for further consideration. The medical review officer shall certify in writing to the Director
either the validation of the test results or the reasons that the test results should be
discounted. Accordingly, the Director shall inform the employee and the appointing
authority of this determination, including the positive test results when verified by the
medical review officer, or the Director shall inform the employee and the appointing
authority of all positive test results, or of the employee's conduct pursuant to the provisions
of Section 9.4 of this Rule. Upon receipt of this information, the appointing authority shall
take such action as in its discretion is deemed appropriate, after giving deference and
consideration to such factors as:
(a)
The nature of the position occupied by the employee, (i.e., sensitive per se,
sensitive, or non-sensitive).
(b)
The basis for which the substance abuse screening procedure was administered,
(i.e., working test period, Category I, II, III, IV, V testing).
(c)
The employee's fitness for duty.
(d)
The nature and quality of the employee's performance on the job.
(e)
The employee's length of service with the City.
(f)
The severity of the employee's substance abuse problem.
(g)
The employee's acknowledgment of the substance abuse problem and willingness to
seek assistance.
(h)
The existence of previous attempts at rehabilitation and their results.
(i)
The prospect of reasonable refusal by co-workers to work with the employee if the
individual were allowed to remain in the City's employ.
(j)
The prospect of the employee being unable to effectively perform the job as a
viable member of the organization because of loss of credibility due to substance
abuse problems.
(k)
Other relevant facts or information that the appointing authority may obtain which
have a bearing on continuing the individual's employment with the City.
(Section 9.15 amended September 27, 1990, amended November 20, 1997, effective December 1, 1997)
61
9.16
If, after thorough consideration, the appointing authority determines that rehabilitation
rather than termination is the appropriate course of action, the employee's continued
employment with the City will be conditioned on the following criteria:
(a)
Enrollment in and successful completion of a certified rehabilitation program.
(b)
The rehabilitation program is in conformance with the standards normally
acceptable within the health-care industry.
(c)
The individual's rehabilitation program is comprised of one or more components
such as treatment, counseling, recovery and after-care service, depending upon the
nature and severity of the employee's substance abuse problem.
(d)
The employee agrees in writing to remain alcohol and drug free and to undergo
unannounced, post-treatment substance-abuse testing (Category V), for a period not
to exceed 24 months from the date of re-entry into active work status with the City.
Failure of the employee to agree to and/or comply with these conditions shall constitute
adequate grounds for the appointing authority to invoke the provisions of Rule IX, Section
1, Maintaining Standards of Service.
9.17
Unless otherwise specified, the provisions of Section 9.4 of this rule shall apply to all
individuals and/or employees who are designated for substance abuse rehabilitation
procedures pursuant to Section 9 of this Rule.
(Section 9.11 through 9.17 adopted December 21, 1989, effective January 1, 1990)
Section 10. WORKPLACE DIVERSITY AND INCLUSION
10.1 The City shall make efforts to provide recruitment opportunities intended to attract
qualified candidates who reflect the demographics of the city. (adopted August 25, 2014,
effective September 1, 2014)
62
RULE VI
VACANCIES, CERTIFICATION & APPOINTMENT
(amended June 13, 1956, April 1, 1966, April 14, 1966, July 6, 1972, June 13, 1974, July 22, 1975,
August 9, 1979, November 12, 1981, October 26, 1982, April 12, 1983, May 12, 1983, January 21, 1988,
February 24, 1988, September 21, 1989, September 27, 1990, August 19, 1993, April 20, 1995, April 29,
1999, June 19, 2006, amended March 15, 2010, effective April 1, 2010, amended March 17, 2014,
effective April 1, 2014, amended August 25, 2014, effective September 1, 2014, amended November 3,
2014, effective December 1, 2014, amended June 20, 2016, effective July 1, 2016)
The purpose of this Rule is to ensure the efficient screening and assessment of applicants for
promotion and appointment under a general system based on merit, efficiency, fitness and length of
service as ascertained by examination which, so far as practical, shall be competitive. Every
personnel action must comply with Civil Service Rules and the uniform classification and pay plan
adopted by the Commission. No employee shall gain any entitlement or property right to any position
or pay found to have been awarded to him or her in violation of these Rules.
Through the adoption of amendments to this Rule, the Commission may delegate certain hiring
authorities to individual appointing authorities. However, the Commission shall first adopt a pilot
program that will provide for delegation only to the Sewerage & Water Board for the City of New
Orleans. Once the Commission delegates authority under the pilot program, the Department shall
prepare and present a report to the Commission regarding the status of the pilot program every six
months.
The Commission may withdraw from an appointing authority any authority delegated under these
Rules at any time.
Section 1. FILLING OF VACANCIES
1.1
Vacancies in positions in the classified service may be filled by demotion, transfer,
reinstatement, reemployment, promotion, original appointment, or temporary appointment.
A vacancy shall be considered filled under any of the methods specified, and employment
hereunder effective, as of the date on which the employee enters into the duties of the
position, in accordance with Article X of the Louisiana Constitution and the Rules.
(amended August 25, 2014, effective September 1, 2014)
1.2
Transfer. An employee may transfer to another position in the same class. This may occur
within the same organization unit or across organization units. Each transfer requires the
approval of both the employee's prospective appointing authority and of the Personnel
Director. (amended April 20, 1995)
It is important to note that a transfer differs from other personnel actions such as Lateral
Classification Change, Promotion and Demotion. These actions are defined in Rule I.
(amended September 27, 1990, April 20, 1995)
63
Section 2. REQUEST FOR CERTIFICATION
2.1
Whenever an appointing authority proposes to fill a vacancy in the classified service, the
appointing authority shall submit to the Department a statement showing the position to be
filled, the duties thereof, the necessary and desirable qualifications of the person to be
appointed thereto, and the proposed class, if known. The Department shall approve or deny
the position allocation within seven (7) days for existing classifications and fifteen (15)
days for new classifications, exclusive of Commission approval. The Department shall
announce each vacancy within thirty (30) days of an approved allocation. The Department
shall not withhold reasonable approval of the request unless it can demonstrate that the
request violates the principles of the merit system. For the purposes of allocating positions
to a class, the Department shall interpret the existing classes broadly and in accordance
with Rule III Section 2.1, including, when appropriate, waiving supervisory requirements
and allowing a department to leverage classes used by other departments for efficiency. If
the appointing authority and the Director disagree on the position's minimum qualifications
or the class allocation and are unable to resolve their disagreement, the issue may be
brought before the Commission for a decision. (amended August 25, 2014, effective
September 1, 2014)
2.2
Anticipation of need: Insofar as practicable, each vacancy shall be anticipated sufficiently
in advance to permit the Director to determine who may be available for appointment, and,
if necessary, to prepare a class specification, and to establish a list of eligibles.
2.3
Request for selective certification: When an appointing authority has specified special
necessary or desirable qualifications of candidates, the Director shall certify from a list of
eligibles having such qualifications, if the Director deems that the request has offered
satisfactory evidence that the nature of the position to be filled warrants such certification.
If it is necessary to hold a new examination to establish a list of a sufficient number of
persons eligible for such selective certification, the Director may authorize provisional
appointment, pending establishment of the eligible list, of any of the eligibles on an
existing list for the class, or any person who demonstrates to the satisfaction of the Director
that he or she possesses, in sufficient degree to have a good chance of passing the
examination, the special qualifications on the basis of which the selective certification
procedure is to be used. The Director shall consider each request for selective certification
on the basis of the facts in that particular instance. The burden of proof shall be on the
appointing authority to prove to the satisfaction of the Director that selective certification is
warranted. The Director may consider the cost of giving a special examination as a factor
in determining whether selective certification is warranted. (amended August 25, 2014,
effective September 1, 2014)
2.4
Requests for Departmental and Promotional Certification: Appointing Authorities may
make requests for departmental certification on any eligible list in order to broaden
promotional opportunities for permanent employees. The Personnel Director shall certify
from a list of eligibles, if the request has offered satisfactory evidence to support that the
nature of the position and work performed warrants such certification. At the request of an
appointing authority, the Personnel Director may certify only permanent employees of the
department on any eligible list or all permanent employees on any eligible list. (amended
August 25, 2014, effective September 1, 2014)
64
Section 3. CERTIFICATION OF ELIGIBLES
3.1
Upon a request from the appointing authority to fill a position other than by demotion,
transfer, or reinstatement, the Department shall provide to the appointing authority the names
of all candidates certified by the Department to meet the minimum qualifications, to have
passed the examination, if any, and met any selective certification requirements requested by
the appointing authority and approved by the Personnel Director. The number of names to
be certified shall not be less than three. The Personnel Director may authorize an appointing
authority to conduct examinations and may establish policies for appointing authority
administered examinations. Such examinations shall be job-related and designed to assess
applicants based on merit, efficiency, fitness, and length of service. (amended August 25,
2014, effective September 1, 2014, amended November 3, 2014, effective December 1, 2014,
amended June 20, 2016, effective July 1, 2016)
3.2
Notwithstanding the provisions of section 3.1, the determination as to whether an applicant
meets Minimum Qualifications may be done by the Department, or by an appointing
authority under delegated authority granted by the Commission. Decisions made by the
appointing authority may be reviewed by the Director and his/her decisions will be final.
(amended June 20, 2016, effective July 1, 2016)
3.3
All vacancies for jobs in the classified service that are filled by probationary appointment,
job appointment or promotion shall be posted on the Internet in accordance with the
Director’s policies and procedures. (amended June 20, 2016, effective July 1, 2016)
3.3
(a) Appointees must meet the Minimum Qualifications for the job. The Director may order
the dismissal or demotion of any employee in the classified service who does not
meet the Minimum Qualifications for his or her position. The failure of a regular
employee to possess the minimum qualifications for the position to which he/she has
been appointed is sufficient cause for that employee’s dismissal or demotion. A
regular employee subject to such a dismissal or demotion has the right to appeal to
the Commission. However, his/her dismissal or demotion shall not constitute
discipline under Rule IX. (amended June 20, 2016, effective July 1, 2016)
(b) Each applicant shall be notified of the status of his or her application. When an applicant
is notified that he or she does not meet Minimum Qualifications, the applicant may
request that the Personnel Director review the decision. The request must be in
writing and be postmarked or received within 10 days from the date of the
disqualification letter. The Director shall render a decision within 20 days of
receiving the request for review and such decision shall complete the review process
by the Department of Civil Service. The applicant shall have no recourse to the
Commission. (amended June 20, 2016, effective July 1, 2016)
3.4
For each vacancy in the classified service, with the exception of those filled through
demotion, transfer, or reinstatement, the Director shall create, or the Commission may
authorize an appointing authority to create, a certified list containing names of applicants
who:
65
(a)
Meet the Minimum Qualifications.
(b)
Have attained any test scores required by Civil Service.
(c)
Have applied during the open period of the announcement.
(d)
Have met any other eligibility requirements established by the Director, by Civil
Service rules or by law.
(e)
Have met any other job-related selective certification requirements requested by the
appointing authority, approved by the Director and Appointing Authority and stated
in the public vacancy announcement.
The certified list shall contain the names of not less than three eligibles.
When the applicant is eligible for veteran’s preference points, these shall be noted on the
certificate.
The Director shall establish policies and procedures the appointing authority must follow
when creating certificates or review and approve the Appointing Authority’s policies and
procedures, including record keeping requirements.
An appointing authority is not obligated to fill an announced vacancy.
(amended June 20, 2016, effective July 1, 2016)
3.5
(a)
The eligibles certified shall be the highest ranking eligibles willing to accept
employment, ranked in the following order:
1.
All the eligibles on the appropriate preferred reemployment list, if any;
2.
All other eligibles.
(b)
All the names on any one of such lists shall be exhausted before any names are
certified from another list, but the names certified may be taken from two or more
lists if necessary to make a certification of at least three eligibles. Names shall be
certified from each list in the order of their rank on that list.
(amended August 25, 2014, effective September 1, 2014)
(c)
The certification of eligibles from promotional, reemployment and/or employment
lists shall be presented in order of the examination score, when competitive, on the
same register. (adopted June 23, 1988 effective July 1, 1988, amended October 1,
1989, amended August 25, 2014, effective September 1, 2014)
(d)
Within 45 days after such names are certified the appointing authority shall appoint
one of those whose names are certified to each vacancy which is to be filled.
Requisitions which are not returned within this 45 day period shall be canceled. In
66
each case of acceptance of an appointment, such appointment shall become
effective as of the date on which the appointee enters upon duty in accordance with
the Law and Rules. (amended May 12, 1983, effective June 1, 1983, May 24,
1990)
(e)
If the appropriate lists do not contain the names of a sufficient number of eligibles
willing to accept appointment to make possible the certification of three eligible
persons, the names of all persons on such lists who are willing to accept
appointment shall be certified.
3.6
Where fewer than three names are certified to fill a vacancy, the appointing authority may
make his appointment from the names certified. If he does not wish to make an
appointment from the names certified, the Director may authorize him to make a
provisional appointment.
3.7
If the appointing authority passes over the name of an eligible on a register in connection
with three separate appointments he has made from the register, written request may be
made of the Director that the name of such eligible be omitted from any subsequent
certification to the same appointing authority from the same register. The name of such
eligible shall thereafter not be certified to him from that register for future vacancies in that
class of positions.
3.8
When a vacancy is to be filled in a position of a class for which there are no eligibles
available for certification, the Director, whenever practicable, may certify for appointment
eligibles from another appropriate eligible register. Such appointment shall be
probationary and the vacancy shall be deemed to be filled in accordance with the
provisions of the Law and Rules.
3.9
Whenever a vacancy exists in the classified service and there exists a promotion list and a
reemployment list, both resulting from the identical examination, names shall be certified
to fill this vacancy in the order of the grades on the original examination for this position.
3.10
Subject to the provisions of Rule V, Section 7, the names of persons who have been
appointed from lists to fill temporary vacancies shall be continuously certified to all
permanent vacancies in the class or classes of positions from which they are eligible until
such time as:
(a)
they are appointed to fill permanent vacancies, or
(b)
their eligibility on the register or registers expires, or
(c)
the factors affecting the temporary nature of appointments are removed.
(Section 3.7 amended February 24, 1988, effective March 1, 1988)
3.11
Any employee receiving a conditional appointment from a list of eligibles may upon
request have his or her name returned to that list at any time during the life of said list.
(adopted February 24, 1988, effective March 1, 1988)
67
Section 4. REINSTATEMENT AND REEMPLOYMENT
4.1
Persons who were separated from their positions for reasons other than fault or delinquency
on their part, except as provided in Rule IX, and who, at the time of their separations, had
attained permanent status in that class of positions in accordance with the Law and Rules
may be included on employment lists as reemployment candidates. Reemployment
candidates are required to take the most recent examination that was used to certify
candidates for that register. The appointing authority shall take length of service into
consideration when making appointment or promotion from an employment list. IN
accordance with Rule VI, Section 4.3, preferred reemployment candidates eligible for
veterans preferences as outlined in Article X of the Louisiana Constitution and Rules (sic),
shall precede general employment lists in certification and shall be accorded any preference
to which they are entitled under Article X, Section 10 of the Louisiana Constitution. In
accordance with Rule VI, Section 3.2 (a) the names of eligibles on the preferred
reemployment list shall be exhausted first. Except as allowed in Rule XII, Section 6.1, a
person who has voluntarily retired may be reinstated, with the approval of the Personnel
Director, only to the position the person last held, and in the event of reinstatement, said
employee waives all pension rights while so employed. (amended April 1, 1966, June 13,
1974, January 21, 1988, effective February 1, 1988, amended December 12, 2005, effective
December 12, 2005, amended August 25, 2014, effective September 1, 2014, amended
November 3, 2014, effective December 1, 2014)
4.2
The name of a regular employee who has been laid off shall be placed automatically on the
appropriate preferred reemployment list for the class of positions which he occupied. His
name shall remain on this list for a period of two years from the date of separation unless
removed earlier by any of the provisions of the Law or Rule V, Section 7.1. Until his
reinstatement or reemployment is effected within the department or organization unit from
which he was separated, or until his period of eligibility has lapsed, his name shall be
certified on a service-wide basis to vacancies in that class of positions.
4.3
Preferred reemployment lists shall precede general employment lists in certification,
provided that persons on such lists meet the requirements and qualifications, to be
determined by the Director, to perform the duties of the position involved. (amended August
25, 2014, effective September 1, 2014)
4.4
A regular employee who has resigned from his position shall, upon his written request made
within one year from the date of resignation, have his name placed on the appropriate
reemployment list. Such name shall remain on that list for three years from the employee's
resignation date unless removed sooner under any of the provisions of the Law or Rule V,
Section 7.1. If appointed from a reemployment list, the employee returns with probationary
status and must successfully complete a new working test period.
4.5
The name of a regular employee returning from military leave who is placed on a
reemployment register in accordance with Rule VIII, Section 8.3 shall remain thereon for a
period of two years unless removed sooner under any of the provisions of the Law or Rule
V, Section 7.1.
68
4.6
A permanent employee who is terminated for inefficiency, delinquency, or misconduct may,
within one year from separation, be reinstated with probationary status to a position for which
he is qualified having the same or lower pay grade as the current pay grade for the class of
position in which he had permanent status, if recommended by the appointing authority and
approved by the Director. (adopted June 13, 1956, amended April 12, 1983, effective April
12, 1983; January 21, 1988, effective February 1, 1988; amended September 27, 1990)
4.7
Whenever a regular employee has been promoted to a higher classification, the employee
shall be granted a promotional leave of absence from the position the employee formerly
occupied until the individual acquires full Civil Service status in the higher class. Until the
employee acquires permanent status in the higher classification, an appointing authority may
fill the vacant position only through a conditional appointment. (amended November 12,
1981, effective December 1, 1981)
Should the employee be removed by the appointing authority during the probationary period
from the position to which the employee had been promoted, the employee shall be reinstated
to the former position, unless the removal is for disciplinary reasons of a nature to justify
dismissal of a regular employee. When reinstated as herein authorized, the employee shall
not be required to serve a new working test period.
4.8
(a) Any regular or probationary employee who has resigned from a position or has
been terminated for reasons other than inefficiency, delinquency, or misconduct and
has requested reinstatement to the same department and to any classification
previously occupied, may, upon the request of the appointing authority and with the
prior approval of the Personnel Director, based upon the record of the employee for
satisfactory service, be reinstated to that position or any position where permanent
status was previously held, within a period of three (3) years from the date of
separation if a vacancy exists therein and upon the completion of a satisfactory
medical examination if the separation was for medical reasons. (amended April 12,
1983, effective April 12, 1983, January 21, 1988, effective February 1, 1988,
amended May 19, 1988, effective June 1, 1988, amended April 29, 1999)
1.
Pursuant to Louisiana Revised Statute 33:2406, if a former employee is
reinstated or reemployed under this section, his pay shall be fixed at the
same base rate as his last rate in his former position or the minimum salary
of the position which he is reinstated or reemployed, whichever is higher.
(b)
However, if more than three years have elapsed, a former regular employee may
apply for reinstatement only to the same department in the same classification as
previously occupied, and subject to the following conditions:
1.
The employee returns with probationary status and must successfully
complete a new working test period.
2.
The minimum qualifications and job requirements for the classification have
remained essentially the same. However, if the minimum qualifications and
job requirements have been revised, then the former employee must meet
the current criteria.
69
3.
In the event the former employee's personnel files are no longer in
existence, it shall be the individual's responsibility to provide documentation
to the Personnel Director, that he or she successfully completed the
examination process and attained permanent status in the classification in
question, and subsequently left the city service under honorable conditions.
4.9
For a period of three (3) years, a former employee who was separated as a result of layoff,
who subsequently is reinstated or reemployed under the provisions of this section, shall be
considered as having had no break in service for longevity pay increases or leave accrual
purposes. (adopted May 19, 1988, effective June 1, 1988, amended September 21, 1989,
effective October 1, 1989, amended August 19, 1993, amended and effective June 19,
2006, amended March 15, 2010, effective April 1, 2010)
4.10
Any regular employee who has resigned from the classified service to enter public service
in another jurisdiction may, upon the request of the appointing authority and with the prior
approval of the Personnel Director, based upon the record of the employee for satisfactory
service, be reinstated to the position from which the employee was separated, if a vacancy
exists therein. Such reinstatement must be made within ninety (90) days of the individual's
separation from the original position in the new jurisdiction which the individual entered
after leaving the classified service. (amended November 12, 1981, effective December 1,
1981)
Section 5. CONDITIONAL AND TEMPORARY APPOINTMENT
5.1
When a position is temporarily vacated because the incumbent is on authorized leave of
absence without pay for more than three (3) months, and the appointing authority desires to
fill the position for the duration of the leave, he must do so by making a conditional
appointment. Such appointment shall be in accordance with the provisions of Section 3 of
this Rule. If an employee has been appointed to fill the position of a classified employee
on leave of absence, he shall vacate the position when the employee on leave of absence
returns. If the employee was appointed on a conditional basis by demotion or transfer, he
shall be reinstated in his former position when the employee on leave of absence returns. If
the employee was appointed on a conditional basis through certification from an
employment list, he shall retain all rights he may have acquired by virtue of his service
under the conditional appointment including, if he has completed his working test period,
the right to have his name placed on a reemployment list, or if he has not completed his
working test period, the right to have his name returned to the employment list from which
his name was certified for conditional appointment, if the list still exists. He shall also be
subject to all other provisions of these Rules not inconsistent with this paragraph.
5.2
LIMITED-TERM APPOINTMENTS:
Whenever the services of an extra employee are needed in any position in the classified
service for a limited period of time, the appointing authority, with the prior approval of the
Director, may make a conditional limited term appointment, subject to the following:
(a)
Appointing authorities requesting limited term appointments must be able to
document that the position is temporary due to grant funding, seasonal work or a
special project with limited funding. Conditional appointments are only granted in
70
cases in which permanent appointments would likely cause a layoff upon
conclusion of the temporary staffing need.
(b)
The names of eligibles on the appropriate employment list (s) who are willing to
accept appointment may be certified.
(c)
In each case of acceptance of appointment, such appointment shall become
effective as of the approved date and the vacancy shall be considered filled.
Employees must serve a probationary period in accordance with Rule VII, Section
I.
(d)
Conditional limited term appointments shall not exceed three years under any
circumstances. The appointment shall end on the date identified on the
announcement for the position or in the limited-term employment letter.
(e)
Individuals who accept limited term appointments may remain on the appropriate
original entrance employment list while serving in a limited term appointment in
accordance with Rule V, Section 7. Employees serving in limited term
appointments are not eligible to be placed on promotional registers.
(f)
An individual shall not serve more than one 3 year limited term appointment from
any one employment list.
(g)
Employees in limited term appointments who obtain permanent status are not
subject to the layoff provisions in Rule XII, Section II.
(h)
Appointing authorities may terminate a limited term appointment before the term
expires for cause expressed in writing. Terminations for cause are subject to appeals
under Rule II, Section I. Terminations of individuals based upon the lack of
funding are not appealable and the associated positions are considered eliminated.
(i)
Current permanent employees may be considered for limited-term positions and
may be reinstated to their former positions at the conclusion of the limited term
appointment with prior approval from their former appointing authority. These
appointments are not subject to Rule VI, Section 4.7 related to promotional leave of
absence.
(j)
Compensation for Limited Term positions shall be the minimum of the job
classification. Exceptions due to recruitment or retention problems may be subject
to special entrance rates approved by the Commission.
(Section 5.2 amended March 17, 2014, effective April 1, 2014)
5.3
Temporary appointments to positions in the classified service may be made for short
periods without compliance with the provisions of this part requiring certification, as
follows:
(a)
Provisional appointments. When a vacancy is to be filled in a position of a class for
which there are no eligibles available for certification, the appointing authority,
71
with the prior approval of the Director, may make a provisional appointment.
Appointment of such provisional shall be made only after submission of the name
and qualifications of the intended appointee to the Director and such individual is
approved for appointment. Such provisional appointment shall terminate upon the
regular filling of the vacancy in any manner authorized under these Rules and, in
any event, within fifteen working days after a certification from which appointment
can be required. A provisional appointment shall never continue for a period in
excess of one year unless it is extended by the Commission upon the Director's
certification that eligibles are not available and that it is not possible or practicable
to provide such eligibles.
(b)
Transient appointments. Whenever the services of an extra or substitute employee
are needed in any position in the classified service for a period of less than three
months, the appointing authority, with the prior approval of the Director, may make
a transient appointment of any person he deems qualified to serve for the period
required.
This appointment, with the prior approval of the Director, may be extended for a
further period if required, but no person shall serve under a transient appointment
from the same or different appointing authority for an aggregate period of more
than three months in any continuous twelve month period.
(c)
Emergency appointments. Where an emergency exists requiring that a position be
filled before appointment can be made under any other provision of these Rules, an
emergency appointment may be made for any available person to serve until the
position involved can otherwise be filled under the provisions of these Rules. No
emergency appointment shall continue for more than ten days in any case, or be
renewed for any further period beyond that limit. The authority for any emergency
appointment is conditioned on a prompt report thereof to the Director, at the time
the appointment is made.
Section 6. INVESTIGATIONS OF APPOINTMENTS AND PROMOTIONS
6.1 Procedure for Petition for Investigation
A candidate or employee, whose name appears on an employment list, may request an
investigation of any appointment or promotion made from that employment list pursuant
to Article X, Section 10(8) of the Louisiana Constitution of 1974 provided that:
(a) The candidate or employee submits a written petition to the Department of Civil
Service within 90 days following the appointment(s) or promotion(s) at issue;
(b) The Petitioner(s) allege that the appointment(s) or promotion (s) were made for a non-
merit-based reason(s);
The Director will decide whether to grant or deny a petition to investigate submitted pursuant
to this subsection. The Director's decision to grant or deny a petition to investigate based on
the criteria (a) and (b) above shall not be subject to appeal.
72
Procedure for Director’s Investigation
If the petition to investigate is granted, the Director or any person designated by the Director
will investigate the appointment or promotion at issue. Petitions regarding the same
appointment or promotion may be consolidated. The appointing authority who made the
appointment or promotion at issue and the appointed or promoted employee (“incumbent”)
shall be notified and given an opportunity to submit written memoranda and evidence. In
order to facilitate collection of information, the Director may issue subpoenas and/or secure
sworn testimony. Any failure on the part of an employee or appointing authority to comply
with subpoenas issued by the Director in the course and scope of an investigation under this
section shall be considered in contempt of the Commission and may be the subject of
contempt proceedings as established in Rule 11, Section 8.1 and incorporated herein by
reference.
The Director shall complete his/her investigation relative to the challenged appointment or
promotion within ninety (90) days of receiving the petition to investigate, absent exceptional
circumstances justifying additional time, as approved by the Chairperson of the Commission.
When the Director completes the investigation, he/she shall make a decision and issue a
report. The Director's report and all evidence collected during the course and scope of the
investigation shall be made available to any employee or appointing authority impacted by
the Director's decision.
Procedure for Appeal to Commission
Following an investigation pursuant to this subsection, the Petitioner(s), the incumbent(s) or
the appointing authority that made the appointment or promotion may appeal the Director’s
decision to the Commission within thirty (30) days from the date they receive notice of the
Director’s decision. The Commission shall render a written decision on any appeal under this
subsection within sixty (60) days, absent exceptional circumstances justifying additional
time, as approved by the Chairperson of the Commission. The Commission may affirm,
reverse, or remand for additional investigation.
Remedies
If an investigation pursuant to this subsection results in a determination that the appointment
or promotion at issue was made for non-merit-based reasons in violation of these Rules or
Article X, Part I of the Louisiana Constitution of 1974, the appointment or promotion at issue
shall be declared void, and the incumbent(s) shall be removed from the position and returned
to their previous position in the classified City Service, if any. The Director or the
Commission may also order one or more of the following remedies:
(a) The appointment or promotion of Petitioner(s), effective on the date of the original
promotion decision with back pay;
(b) The prospective appointment or promotion of any candidate whose name appears on
the eligible list, and whom the Director or the Commission determines should have
been promoted or appointed.
(c) If the Director or the Commission finds that the appointment or promotion at issue
constitutes a bad faith violation of these Rules or Article X, Part I of the Louisiana
73
Constitution of 1974, the Commission may also order the appointing authority to pay
the attorney’s fees and costs reasonably incurred by the Petitioner(s).
All remedies ordered pursuant to this section shall take effect when the Commission’s
decision becomes final, pursuant to Rule II, section 4.18. In cases where the Director’s
decision is not timely appealed to the Commission, said decision shall be deemed to be
adopted by the Commission and issued on the day after the time to appeal the Director’s
decision has run.
(Section 6.1 adopted August 25, 2014, effective September 1, 2014; amended July 28, 2021)
74
RULE VII
WORKING TESTS
(as amended January 12, 1955, August 15, 1957, July 22, 1975, March 12, 1981, February 13,
1986, January 21, 1988, September 21, 1989, January 20, 1994, April 25, 1996, amended August
25, 2014, effective September 1, 2014)
Section 1. EMPLOYEES TO SERVE
1.1
Every person appointed to a position in the classified service after certification of his name
from an original entrance employment list or a promotion list, shall be tested by a working
test while occupying the position. At any time during his working test period, after the first
two months thereof, the appointing authority may remove an employee if, in the opinion of
the appointing authority, the working test indicates that (1) the employee is unable or
unwilling to perform his duties satisfactorily or (2) his habits and dependability do not
merit his continuance in the service; provided not more than three (3) employees shall be
removed successively from the same position. Upon the removal, the appointing authority
shall forthwith report to the Director and to the employee removed his action and the
reason therefore. The appointing authority may remove an employee within the first two
months of this working test period only with the approval of the Director. The Director
may remove an employee during his working test period if he finds, after giving him notice
and an opportunity to be heard, that the employee was appointed as a result of fraud or
error. (as amended January 12, 1955)
1.2
If the duration of the working test period is not stated at the time of the announcement of
the test for a position, the working test period shall be six (6) months in duration. No
extension shall be allowed which would make the total working test period longer than one
(1)
year in the same position under the same appointing authority. Supervisors of
probationary employees who are still employed after three (3) months shall be required to
perform an employee performance assessment at three (3) months so the employees
understand how they are performing and whether and how they need to improve under a
performance improvement plan. (amended August 25, 2014, effective September 1, 2014)
1.3
Extension of time. The Personnel Director may, upon the written request of an appointing
authority, with a copy to the employee, made not later than ten (10) days before the
expiration of a working test period, extend the duration of such working test. No extension
shall be allowed which would make the total working test period longer than one year in
the same position under the same Appointing Authority. (amended January 21, 1988,
effective February 21, 1988)
1.4
Failure by an appointing authority to give the ten (10) days prior written notice to the
Personnel Director and a copy thereof to the employee shall have the same force and effect
as a satisfactory report. Probationary appointments that begin or are extended on or after
February 1, 1994, and were completed without the probationary appointment being
terminated by the appointing authority, shall become permanent effective April 25, 1996.
(amended April 25, 1996)
1.5
If an employee is removed from his position during or at the end of his working test period,
75
and the Director determines that he is suitable for appointment to another position, his
name may be restored to the list from which it was certified. If the employee was a regular
employee in another position in the classified service immediately prior to his appointment,
his name may be placed on the reemployment list for the class of positions in which he was
a regular employee.
Section 2. INTERRUPTION OF WORKING TEST
2.1
If an employee is laid off during a working test period and subsequently reappointed by the
same appointing authority from the same eligible list, he shall be given credit for the
portion of the working test period completed before he was laid off.
2.2
If an employee is transferred during his working test period from a position under one
appointing authority to a position under another appointing authority, the second
appointing authority may in his discretion permit the granting of credit for the portion of
the working test period previously completed.
2.3
If an employee is placed on military leave without pay while serving his working test
period, he shall be given credit for the portion of the working test period completed before
he was placed on military leave.
2.4
If an employee is appointed to a higher position in a like classification of work, or to a
higher position in the unclassified service which position embraces essentially similar
duties, responsibilities and consequent qualification requirements, before the completion of
his working test period in a lower position, he shall be given credit for the uncompleted
portion of the working test period if he remains in a higher position during a period
equivalent to the unfinished portion. (amended August 15, 1957)
2.5
If an employee resigns while serving in his working test period, he may be reinstated,
within a period of three years from the date of his separation, to a position in the same class
from which he was separated. (amended September 21, 1989, effective October 1, 1989)
2.6
If reinstatement is not effected as herein provided, the person, with the prior approval of the
Director, may be returned to the employment list from which he was certified.
2.7
The appointing authority may, in his discretion, permit the granting of credit for the portion
of the working test period previously served under him or another appointing authority.
2.8
When a working test period, for employees who are probationary with no other permanent
status, is interrupted for more than twelve weeks due to the employee’s inability to perform
the essential function(s) of a position as a result of a medical condition, injury, or light duty
assignment shall be completed upon the employee’s return to duty. The employee’s
inability to perform the essential functions of a position must be certified by a physician.
In such cases, the appointing authority shall request a temporary appointment in keeping
with Rule VI, Section 5.3 as an interim measure until the employee is able to resume their
regular duties and serve the remaining portion of the probationary period. (amended
September 25, 2017)
2.9 When the Director grants a petition to investigate an appointment or promotion pursuant to
Rule VI, Section 6.1, the working test period for the employee(s) whose appointment or
76
promotion is under investigation (“incumbent”) shall be interrupted during the period of time
covered by the investigation and any related appeal or judicial review thereof. If the
appointment or promotion is found to be merit-based, the incumbent shall receive credit for
any period of interruption. (amended July 28, 2021)
77
RULE VIII
ANNUAL AND OTHER FORMS OF LEAVE
(amended September 14, 1955, September 12, 1963, September 11, 1969, April 15, 1970, August
13, 1970, April 3, 1972, July 6, 1972, July 22, 1975, March 16, 1978, September 18, 1978,
December 28, 1978, February 19, 1979, August 9, 1979 July 10, 1980, February 13, 1981,
November 12, 1981, November 10, 1983, December 11, 1986, January 21, 1988, February 23,
1989, December 21, 1989, September 27, 1990, April 25, 1991, November 19,1991, July 15, 1993,
March 16, 1995 April 20, 1995, May 17, 1995, October 24, 1996, March 24, 1997, November 20,
1997, October 27, 2000, December 13, 2001, effective January 1, 2002, amended December 13,
2004, effective January 1, 2005, amended November 20, 2006, effective November 20, 2006,
amended January 12, 2009, effective January 12, 2009, amended January 25, 2010, effective
February 1, 2010, amended June 21, 2010, effective July 1, 2010, amended March 21, 2011,
effective April 1, 2011, amended February 18, 2018, effective March 1, 2013, amended October
21, 2013, effective November 1, 2013, amended February 17, 2014, effective March 1, 2014,
amended August 25, 2014, effective September 1, 2014, amended December 15, 2014, approved
by the Council to be effective January 1, 2015, amended July 20, 2015, effective August 1, 2015)
Section 1. ANNUAL LEAVE (amended December 13, 2004, effective January 1, 2005, amended
February 17, 2014, effective March 1, 2014)
1.1 Receipt:
Annual leave with pay shall be earned on a bi-weekly basis by all employees, except for:
Transient and Emergency employees (see paragraph “j” below), other employees paid at
special rates of pay in accordance with Rule IV, Section 4.1, and uniformed fire
suppression, fire communication, and fire prevention personnel (see paragraph “k” below).
Each reference to days of leave in this Rule shall refer to “leave days” as defined in Rule I.
(amended December 13, 2001, effective January 1, 2002, amended December 13, 2004,
effective January 1, 2005)
(a)
The accrual rate for all eligible employees appointed subsequent to December 31,
1978 shall be 0.5 of a leave day for each bi-weekly accrual period (13 leave days a
year).
(b)
The accrual rate for all eligible employees, except for uniformed police personnel,
on the payroll as of December 31, 1978 shall be 0.6923 of a leave day for each bi-
weekly accrual period (18 leave days a year).
(c)
The accrual rate for uniformed police personnel on the payroll as of December 31,
1978 shall be 0.8077 of a leave day for each bi-weekly accrual period (21 leave
days a year).
78
(d)
An employee whose appointment, reemployment or reinstatement is effective on
the first workday of the bi-weekly accrual period shall be eligible to earn annual
leave commencing with that bi-weekly period.
(e)
No annual leave shall accrue to an employee during any bi-weekly period, or part
thereof, in which an employee is on leave without pay or on suspension.
(f)
When an employee's services are terminated before the end of the bi-weekly accrual
period, no annual leave shall accrue for that period.
(g)
Employees paid on a daily or hourly basis, or who work a regular or recurring part-
time work schedule, shall earn annual leave at the same rate as eligible full-time
personnel, but in proportion to the time worked.
(h)
In the event an employee's work schedule is adjusted from either full-time to part-
time or part-time to full-time, a corresponding adjustment in the amount of
accumulated annual leave shall be made in proportion to the hours to be worked.
(i)
Upon reinstatement from active duty, and subject to the provisions of Rule VIII,
Section 8, an employee on military leave without pay shall be eligible to accrue
annual leave at the rate formerly earned.
(j)
Persons holding Transient or Emergency appointments as defined in Rule VI,
Section 5.3 (b) and (c) shall not be entitled to earn annual leave. The provisions of
this section shall not apply to regular employees temporarily on a Transient or
Emergency appointment in another classification. (amended September 27, 1990)
(k)
Uniformed fire suppression, fire communication, and fire prevention personnel,
after having served one year on the Fire Department, shall receive eighteen (18)
days of annual leave on their anniversary date each year. This allotment shall be
increased by one (1) day for each year of service over ten (10) years, up to a
maximum of thirty (30) days.(amended December 13, 2001, effective January 1,
2002)
(l)
When an employee changes from one type of leave day to another (for example
from a seven (7) hour leave day to an eight (8) hour leave day), his or her annual
leave balance and accrual rate shall change in the same manner.
1.2 Bonus Annual Leave Days
(a) Except for uniformed fire suppression, fire communication, and fire prevention
personnel, each eligible employee appointed subsequent to December 31, 1978
shall be granted, on January 1 of each year, bonus annual leave days as follows:
(amended December 13, 2001, effective January 1, 2002)
1. Three (3) bonus annual leave days per year for employees with five
through nine calendar years of continuous service.
79
2. Six (6) bonus annual leave days per year for employees with ten through
fourteen calendar years of continuous service.
3. Nine (9) bonus annual leave days per year for employees with fifteen
through nineteen calendar years of continuous service.
4. Twelve (12) bonus annual leave days per year for employees with twenty
or more calendar years of continuous service.
5. Except for police personnel accruing annual leave at the rate of .8077 of a
leave day, each full-time eligible employee on the payroll as of December
31, 1978 shall be granted on January 1st of each year three (3) bonus annual
leave days. (amended April 20, 1995)
6. Any employee who is appointed on or before the fifteenth day of January
shall be eligible to earn the bonus leave for that year. (March 21, 1991)
7. Eligible part time employees accrue bonus leave days in proportion to time
worked.
8. Any employee who uses thirty (30) days or more of leave without pay in
any calendar year shall not be eligible to accrue bonus annual leave days
for that year.
(b) An active employee who presents documentation verifying that they have received a full
schedule of any COVID-19 vaccine approved under full or emergency use authorization
by the U.S. Food and Drug Administration on or prior to September 30, 2021 shall
receive one (1) bonus annual leave day. To receive this bonus annual leave, verification
documentation must be submitted no later than October 15, 2021 and accepted by the
appointing authority. (amended June 10, 2021, effective June 17, 2021)
1.3 Bonus Annual Leave Days (Reinstatement/Reemployment): Subject to the approval of the
Director, former employees who are reinstated or reemployed pursuant to Rule VI, Section
4 shall have their bonus annual leave days calculated based on their cumulative service
time, as defined in Rule I, if all of the following conditions are met:
(a) There is a written request from the appointing authority;
(b) The position is full time;
(c) The employee was separated for reasons other than fault or delinquency on his or her
part; and
(d) The employee was separated for more than three months, but less than three years.
1.4 Leave Carried Forward:
(a)
On December 31 of each year the accumulated annual leave of all employees hired
before January 1, 1979 shall be carried forward to the succeeding year, provided
that accumulated annual leave carried forward shall not exceed ninety (90) leave
80
days. However, effective January 12, 2009, leave in excess of ninety (90) days shall
be converted to sick leave credits (amended April 20, 1995, amended November 20,
2006, amended January 12, 2009).
(b)
On December 31 of each year the accumulated annual leave of all employees hired
after December 31, 1978 shall be carried forward to the succeeding year, provided
that accumulated annual leave carried forward shall not exceed forty-five (45) leave
days. However, effective January 12, 2009, leave in excess of forty-five (45) days
shall be converted to sick leave credits (amended April 20, 1995, amended
November 20, 2006, amended January 12, 2009).
1.5 Use:
(a)
The minimum charge against annual leave shall be fifteen (15) minutes (one-quarter
of an hour) for non-exempt employees only. (amended February 17, 2014)
(b)
In computing annual leave taken by an employee, each deduction shall be made
from accrued annual leave for only that time which the employee is absent but is
scheduled to work. (amended April 20, 1995)
(c)
Accumulated annual leave may be used only after completion of twenty-six
consecutive weeks of service. Employees who are reinstated following a break in
service must also complete twenty-six consecutive weeks following such
reinstatement before being eligible to use annual leave. Annual leave is not paid to
employees who are terminated before twenty-six consecutive weeks of service.
Employees who are laid off before the completion of the twenty-sixth week of
service shall be paid for earned and accumulated annual leave.
(d)
Accumulated annual leave may be taken at the time or times requested by the
employee and approved by the appointing authority. If the work load of the
employee's organization unit makes the granting of annual leave undesirable for the
time requested, the appointing authority shall notify the employee.
(e)
Each employee shall be entitled to use a minimum of one year's accumulation of
annual leave during any calendar year. When an employee entitled to annual leave
makes a written request for leave, the appointing authority shall, within five (5)
days after the date of the employee's request, either approve or disapprove the
request in writing. If the request is denied, the appointing authority shall grant, in
writing, permission for use of the annual leave requested during an equivalent
period within the six-month period following the employee's request. This written
permission shall be given to the employee within ten (10) working days after the
request.
(f)
Employees who use annual leave to appeal disciplinary actions before a hearing
examiner or the Civil Service Commission, shall have such leave restored if the
appeal, when final, has been sustained either by the Commission or the appellate
courts of the State and the appellant has been completely exonerated of culpability.
(adopted February 23, 1989, effective February 23, 1989)
1.6 Annual Leave at Separation: Upon an employee's death, termination of employment or
entry into active duty with the Armed Forces of the United States, after completion of
81
twenty-six (26) consecutive weeks of service under current employment with the City, all
accrued annual leave shall be paid to the employee except that:
(a)
Upon separation from the service of the City, all accumulated annual leave which
was earned under the provisions of the Rule shall be paid to all eligible employees
in accordance with the provisions of Section 3.1 of this Rule.
(b)
The payment of accumulated annual leave shall be withheld if an employee is
dismissed for fraud, theft, or misappropriation of City funds or property. The
payment of accumulated annual leave shall be withheld if an employee, while under
administrative or criminal investigation for fraud, theft, or misappropriation of City
funds or property, attempts to terminate employment before the conclusion of the
respective investigation and/or disposition of any administrative hearing convened
by the appointing authority. Any unauthorized absenteeism during the
aforementioned time periods shall be an unexcused absence subject to the corrective
action specified in Rule IX of the Commission's Rules. If, upon conclusion of the
respective investigation and/or administrative hearing, the employee has been
exonerated, payment for all accumulated annual leave shall be made. (amended
December 21, 1989, effective January 1, 1990)
(c)
An employee entering active duty with the Armed Forces may request, in writing,
that all or part of his or her accrued annual leave be paid. Otherwise, this leave
balance will be retained on file until the employee returns to work.
(d)
At the time of separation from the service, employees shall have the option to
convert unused annual leave, accumulated under the provisions of Rule VIII,
Sections 1.1 and 1.2, to cash or substitute unused annual leave for retirement
credits, subject to the provisions of applicable sections of this Rule, as well as the
laws and regulations of the employee’s retirement system.
1.7 Annual Leave in Changes of Organization Unit: When an employee changes organization
units without a break in consecutive service, all accumulated annual leave remaining to the
employee's credit shall be transferred when the employee commences service in the new
position.
Section 2 SICK LEAVE (amended December 13, 2004, effective January 1, 2005, amended July 20,
2015, effective August 1, 2015)
2.1
Receipt: Sick leave with pay shall be earned on a bi-weekly basis by all employees, except
for Emergency, Transient or other employees paid at special rates of pay in accordance
with Rule IV, Section 4.1 (amended December 13, 2001, effective January 1, 2002)
(a)
The accrual rate for all eligible employees appointed subsequent to December 31,
1978 shall be 0.5 of a leave day for each bi-weekly accrual period (13 leave days a
year).
(b)
The accrual rate for all eligible employees on the payroll as of December 31, 1978
shall be 0.923 of a leave day for each bi-weekly accrual period (24 leave days a
year).
82
(c)
An employee whose appointment, re-employment or reinstatement is effective on
the first workday of the bi-weekly accrual period shall be eligible to accumulate
sick leave commencing with that bi-weekly period.
(d)
No sick leave shall accrue to an employee during any bi-weekly period or part
thereof, in which an employee is on leave without pay or on suspension.
(e)
When an employee's services are terminated before the end of the bi-weekly accrual
period, no sick leave shall accrue for that period.
(f)
Employees paid on a daily or hourly basis, or who work a regular or recurring part-
time work schedule, shall earn sick leave at the same rate as eligible, full-time
employees, but in proportion to the time worked.
(g)
In the event an employee's work schedule is adjusted from either full-time to part-
time or part-time to full-time, a corresponding adjustment in the amount of
accumulated sick leave shall be made in proportion to the hours to be worked.
(h)
Upon reinstatement from active duty, and subject to the provisions of Rule VIII,
Section 8, an employee on military leave without pay shall be eligible to accrue sick
leave at the rate formerly earned.
(i)
Persons holding Transient or Emergency appointments as defined in Rule VI,
Section 5.3 (b) and (c) shall not be entitled to earn sick leave. The provisions of
this section shall not apply to regular employees temporarily on a Transient or
Emergency appointment in another classification.
(j)
When an employee changes from one type of leave day to another (for example
from a seven (7) hour leave day to an eight (8) hour leave day), his or her sick leave
balance and accrual rate shall change in the same manner.
2.2
Bonus Sick Leave Days: Each January 1, employees appointed subsequent to December
31, 1978, except for Emergency, Transient or other employees paid at special rates of pay
in accordance with Rule IV, Section 4.1, shall be granted bonus sick days as follows:
(amended April 20, 1995)
(a)
Two (2) bonus sick days per year for employees with six (6) through fifteen (15)
calendar years of continuous service.
(b)
Seven (7) bonus sick days per year for employees with sixteen (16) or more
calendar years of continuous service.
(c)
Any employee who is appointed on or before the fifteenth day of January shall be
eligible to earn the bonus leave for that year.
(d)
Any employee who uses thirty (30) days or more of leave without pay in any
calendar year shall not be able to accrue the bonus sick days for that year.
(e)
Eligible part time employees accrue bonus leave days in proportion to time worked.
83
2.3
Bonus Sick Leave Days (Reinstatement/Reemployment): Subject to the approval of the
Director, former employees who are reinstated or reemployed pursuant to Rule VI, Section
4 shall have their bonus sick leave days calculated based on their cumulative service time,
as defined in Rule I, if all of the following conditions are met:
(a) There is a written request from the appointing authority;
(b) The position is full time;
(c) The employee was separated for reasons other than fault or delinquency on his or her
part; and
(d) The employee was separated for more than three months, but less than three years.
2.4
Leave Carried Forward: The sick leave accumulated by all employees in accordance with
these Rules shall be carried forward to the succeeding year.
2.5
Use: An employee who has taken sick leave shall file with his or her appointing authority a
letter stating the cause of the absence from work, provided that:
(a)
If the amount of sick leave taken exceeds six (6) consecutive working days, a
registered physician must certify to the nature of the illness or injury and the
necessity for absence after the sixth consecutive working day.
(b)
If there is a reasonable doubt of the validity of the employee's claim for consecutive
sick leave of six (6) working days or less, the appointing authority may require a
statement from a registered physician or some other acceptable proof that the
employee was ill, provided that the employee has been previously notified of the
policies and conditions under which a physician's certificate will be required for
absence of less than six (6) consecutive working days.
(c)
When an appointing authority has determined that an employee has charged an
absence against sick leave although no actual illness or injury as defined in Rule I
occurred, the appointing authority must deduct the value of the absent time from the
employee's accrued annual leave or pay and may also take disciplinary action as
deemed appropriate under the circumstances.
(d)
When computing sick leave taken, deduction shall be made from accrued sick leave
only for those days upon which an employee is scheduled to work.
(e)
When there is a death in the immediate family of the employee, as defined in Rule
I, the employee shall be allowed to use a maximum of three (3) leave days of sick
leave. If travel time is deemed necessary, the appointing authority may grant an
extra two (2) leave days of sick leave; but in no case shall the sick leave granted
under this section aggregate more than five (5) leave days. (amended April 20,
1995)
2.6
Sick Leave at Separation: At the time of separation from the service, employees shall have
the option to convert unused sick leave, accumulated under the provisions of these Rules to
84
cash or substitute unused sick leave for retirement credits, subject to the provisions of
applicable sections of this Rule, as well as the laws and regulations of the employee’s
retirement system.
If an employee either does not elect to convert unused sick leave for retirement, or elects to
have only a portion of that leave credited for retirement purposes, any residue of the unused
sick leave shall be converted to cash, subject to the following provisions:
(a)
Upon termination of service the conversion of unused sick leave to cash shall be
determined as follows:
1.
For the 1st through 100th leave day, twenty percent (20%) of the accrued
leave shall be converted to pay. (amended April 20, 1995)
2.
For the 101st through 200th leave day, twenty-five percent (25%) of the
accrued leave shall be converted to pay. (amended April 20, 1995)
3.
For the 201st through 300th leave day, thirty-three percent (33%) of the
accrued leave shall be converted to pay. (amended April 20, 1995)
4.
For the 301st through 400th leave day, fifty percent (50%) of the accrued
leave shall be converted to pay. (amended April 20, 1995)
5.
One hundred percent (100%) of the accrued leave in excess of 400 leave
days of sick leave shall be converted to pay. (amended April 20, 1995)
(b)
The conversion of accumulated sick leave to cash shall be withheld if an employee
is dismissed for fraud or theft of City funds or property. The conversion of
accumulated sick leave to cash shall be withheld if an employee, while under
administrative or criminal investigation for fraud, theft or misappropriation of City
funds or property, attempts to terminate employment before the conclusion of the
respective investigation and/or disposition of any administrative hearing convened
by the appointing authority. Any unauthorized absenteeism during the
aforementioned time periods shall be an unexcused absence subject to the corrective
action specified in Rule IX of the Commission's Rules. If, upon conclusion of the
respective investigation and/or administrative hearing, the employee has been
exonerated, payment of sick leave converted in accordance with the applicable
provisions of these Rules shall be made. (amended December 21, 1989, effective
January 1, 1990.)
(c)
If an employee dies, either as the result of an on-the-job accident or from injuries
which can be unequivocally traced or connected to an on-the-job accident, one
hundred percent (100%) of all unused sick leave shall be converted to cash.
(amended April 20, 1995)
2.7
Sick Leave in Changes of Organization Unit: When an employee changes organization
units without a break in consecutive service, all accumulated sick leave remaining to the
employee's credit shall be transferred when the employee commences service in the new
position. (amended April 20, 1995)
85
2.8
Sick Leave While on Military Leave: When an employee is placed on authorized military
leave without pay, all unused sick leave which was accumulated prior to the employee's
placement on military leave shall remain to the employee's credit until the time of
reinstatement or forfeiture of all rights under Section 8 of this Rule. See Section 1.5 of this
Rule for provisions for annual leave while on active duty with the Armed Forces.
2.9
Sick leave with partial or full compensation in excess of the amount of leave normally
earned may be granted by the Director, on the recommendation of the appointing authority
and with the approval of the Commission, where the sickness or injury was caused by
conditions of employment or in other special cases. The Commission, at its discretion, may
require that the employee receiving this leave return any and all leave advanced.
2.10
(a) When any commissioned police personnel sustains accidental bodily injury while
actively engaged in enforcing vehicle and traffic laws, investigating a traffic
incident, police training, responding to an emergency call, or in the process of
pursuing, apprehending, arresting, transporting or booking a suspect, such employee
may be granted sick leave with pay which will not diminish his or her ordinary sick
leave accumulation, simultaneously with the benefit provisions of the State of
Louisiana Worker's Compensation statutes, provided such leave is recommended by
the Superintendent of Police and is requested of and approved by the Director of
Personnel of the Department of Civil Service.
When any Police Recruit (Academy) sustains any disabling injury while actively
engaged in training activities related to law enforcement (to include self defense,
simulation, defensive driving, and weapons training) and subject to the limitations
of this section of the Rules, such employee may be granted up to 60 days sick leave
with pay which will not diminish his or her ordinary sick leave accumulation,
simultaneously with the benefit provisions of the State of Louisiana Worker’s
Compensation statutes, provided such leave is recommended by the Superintendent
of Police and is requested of, and approved by, the Director of Personnel of the
Department of Civil Service. (amended August 9, 1979, October 27, 2000, January
25, 2010, June 21, 2010, July 20, 2015, effective August 1, 2015)
(b)
It is the specific intention of this subsection to provide additional benefits to law
enforcement officers who have exposed themselves to danger unique to law
enforcement. However, in no instance shall an employee receive combined
monetary benefits under this section which are greater than the employee's normal
rate of pay. The total benefits under this subsection for an occurrence resulting in
accidental bodily injury and for any medically certified recurrence or recurrences of
symptoms thereof shall not exceed 52 weeks (365 calendar days). (amended
August 9, 1979)
(c)
An initial report of the injury directed to the Director of Personnel of the
Department of Civil Service must be received by the Civil Service Department
within thirty (30) calendar days of the injury in order to be considered for benefits
pursuant to this subsection.(amended October 27, 2000)
(d)
Any report of a recurrence of injury symptoms must be directed to the Director of
86
Personnel and received by the Civil Service Department within thirty (30) calendar
days of the date of such recurrence in order to be considered for benefits. Any
request for leave resulting from a recurrence of injury symptoms must be directed to
the Director of Personnel and received by the Civil Service Department within sixty
(60) calendar days of such recurrence; otherwise, benefits under this subsection
shall be prescribed (amended October 27, 2000)
2.11
(a) Special monetary compensation for a limited period of time may be authorized by
the Director, subject to the approval of the Civil Service Commission, for non-
exempt police personnel who sustain any disabling injury while attempting to
intervene in the perpetration of a crime, provided there is an immediate
manifestation of the injury which is objectively discernable to the parties at the
scene of the injury. (adopted August 9, 1979)
(b)
Prior to consideration by the Commission, the Police Department must submit
thorough documentation outlining the circumstances surrounding the injury,
together with a detailed medical statement from the attending physician specifying
the probable length of disability. (adopted August 9, 1979)
(c)
When there has been a sufficient recovery from the injury enabling the employee to
return to work, the special compensation under this provision of the Rules shall be
discontinued. If the employee's condition is determined to be permanently
disabling, and prevents the employee from ever returning to work, the appointing
authority must recommend that the employee be placed on disability retirement.
(adopted August 9, 1979).
2.12
(a) Special monetary compensation for a limited period of time may be authorized by
the Director, subject to the approval of the Civil Service Commission, for non-
exempt Fire Suppression personnel who sustain any disabling injury while:
1.
actively engaged in fire training exercises or drills.
2.
responding to an alarm or an emergency call.
3.
actively engaged in fighting a fire, provided that there is an immediate
manifestation of the injury which is objectively discernable to the parties at
the scene of the injury. Coverage under the provisions of this section shall
be extended to include latent or non-apparent injuries which can be
unequivocally traced or connected to the fire scene. (adopted August 9,
1979, amended February 13, 1981)
(b)
When either a Fire Recruit or probationary Firefighter sustains any disabling injury
while actively engaged in an activity listed in, and subject to, the conditions of Rule
VIII, Section 2.1 (f) (1), such employee may be granted up to 60 days sick leave
with pay which will not diminish his or her ordinary sick leave accumulation,
simultaneously with the benefit provisions of the State of Louisiana Worker's
Compensation statutes, provided such leave is recommended by the Superintendent
of Fire and is request of and approved by the Director of Personnel of the
Department of Civil Service. (adopted February 13, 1981)
87
(c)
Prior to consideration by the Commission, the Fire Department must submit
thorough documentation outlining the circumstances surrounding the injury,
together with a detailed medical statement from the attending physician specifying
the probable length of disability. (adopted August 9, 1979)
(d)
When there has been sufficient recovery from the injury to enable the employee to
return to work, the special compensation under this provision of the Rules shall be
discontinued. If the employee's condition is determined to be permanently
disabling and prevents the employee from ever returning to work, the appointing
authority must recommend that the employee be placed on disability retirement.
(adopted August 9, 1979)
2.13
Sick or Annual Leave Donation: Subject to the prior approval of the Director of Personnel,
an appointing authority may allow an employee to donate sick or annual leave with pay to
another employee, subject to the following conditions: (adopted April 25, 1991)
(a)
The recipient must have been employed with the City for a period of not less than
six months. (adopted March 16, 1995, effective April 1, 1995)
(b)
Donated annual leave shall be converted to sick leave and added to the recipient's
sick leave balance, except as noted in paragraph “g” below.
(c)
The donor relinquishes all future claims to the donated leave, regardless of the
medical condition of either the donor or the recipient.
(d)
The donation must be strictly voluntary, without coercion, implied or otherwise,
and must be certified as such in writing by the donor in advance of the actual
transfer of sick leave from the donor to the recipient.
(e)
In cases where an employee is donating sick leave with pay to an employee in
another organization unit, the approval of both appointing authorities will be
required.
(f)
Following approval, the appointing authority/authorities must submit all the
necessary leave adjustment forms to the Finance Department with appropriate
documentation.
(g)
Donated annual leave may be added to the recipient’s annual leave balance in
instances where an employee must care for an immediate family member due to a
serious health condition. To qualify for such donations, the following conditions
must be met:
1.
The recipient shall submit appropriate medical documentation
supporting the serious health condition of the immediate family
member.
2.
The recipient’s annual leave must be exhausted prior to receipt of the
donated leave.
88
3.
The recipient is limited to 12 weeks of such leave donations within a
period of 12 consecutive months. However, additional days may be
authorized by the Civil Service Commission. (adopted March 21,
2011, effective April 1, 2011)
2.14
EMERGENCY PAID SICK LEAVE
(a) As provided in the Emergency Paid Sick Leave Act of the Families First Coronavirus
Response Act, an employee who is unable to work or telework for the following reasons is
entitled to emergency paid sick leave: (adopted April 20, 2020)
1.
The employee is subject to a Federal, State, or local quarantine or isolation
order related to COVID-19;
2.
The employee has been advised by a health care provider to self-quarantine
due to concerns related to COVID-19;
3.
The employee is experiencing symptoms of COVID-19 and is seeking a
medical diagnosis;
4.
The employee is caring for someone who is subject to a Federal, State, or
local quarantine or isolation order related to COVID-19 or who has been
advised by a health care provider to self-quarantine due to concerns related
to COVID-19.
5.
The employee is caring for a child of the employee if the school or place of
care of the child has been closed or if the child-care provider of the child is
unavailable due to COVID-19 concerns.
6.
The employee is experiencing any other substantially similar condition that
may arise, as specified by the United States Secretary of Health & Human
Services.
(b)
The duration of the leave for the reasons described in this subsection is:
1.
80 hours for full-time employees and the average number of hours a part-
time employee works over two weeks.
(c)
The rate of compensation for the reasons described in subsection (a) is:
1.
For subsections (a)(1)-(3) above, the employee receives full pay up to
$511/day (with a maximum of $5,110). Employee is subject to a Federal,
State, or local quarantine or isolation order related to COVID-19.
2.
For subsections (a)(4)-(6) above, the employee receives at least two-thirds
of regular pay, up to at least $200/day.
(d)
An employee may receive only the duration of leave described in subsection (b)(1)
above, even if the employee experiences more than one qualifying event set forth
in subsection (a).
89
(e)
An appointing authority shall not require an employee to exhaust sick leave or
annual leave in order to qualify for leave under this section.
(f)
This section shall expire on December 31, 2020.
(g)
The provisions of this section do not expand, reduce, or change the benefits
provided by any portion of Public Law No. 116-127, which is also known as the
Families First Coronavirus Response Act or “FFRCA.” This section is intended
only to make the requirements of sections 5102 and 5110 of the FFCRA part of
these Rules.
Section 3. TERMINAL LEAVE (amended December 13, 2004, effective January 1, 2005)
3.1
Terminal Leave: Subject to the provisions of Sections 1.1, 1.5, 2.1 and 2.5 of this Rule,
when the service of an employee is terminated, terminal leave is to be paid. Terminal leave
shall consist of terminal annual leave and terminal sick leave converted according to
Section 2.5 of this Rule, and shall be computed as follows:
(a)
Fire suppression personnel working a "24 hour on 48 hour off" schedule shall have
the payment for accrued terminal leave calculated by dividing the employee's base
annual rate of pay, including longevity, by 243, and then multiplying this amount
by the employee's number of accrued terminal leave days.
(b)
Employees in the classes of Fire District Chief and Deputy Fire Chief working a 46
hour week shall have the payment for accrued terminal leave calculated by dividing
the employee's base annual rate of pay, including longevity, by 200, and then
multiplying this amount by the number of accrued terminal leave days.
(c)
For all other employees, payment for accrued terminal leave shall be calculated by
dividing the employee's base annual rate of pay, including longevity, by 250, and
then multiplying this amount by the employee's number of accrued terminal leave
days. This is done to account for ten annual holidays. (amended April 20, 1995,
October 24, 1996)
3.2
An employee who is dismissed for reasons other than fraud, theft, or misappropriation of
City funds or property, and who appeals this action has two options under this section of
the Rules. These are: (1) to receive terminal leave pay in accordance with other sections of
this Rule; or (2) to request in writing to the Director that leave balances be maintained on
the City’s payroll system until the appeal and any subsequent actions by appellate courts of
the State are completed. Should an exonerated employee choose payment, he may later re-
purchase the total sick and/or annual leave at the gross total rate paid by the employer.
Section 4. CIVIL LEAVE
4.1
An employee shall be given time off without loss of pay:
(a)
When performing jury duty;
(b)
When subpoenaed to appear before a court, public body or Commission. However,
90
in cases where the employee has a direct interest in the matter, Civil Leave shall not
be authorized, but rather the appointing authority shall grant annual leave, or, in its
absence, leave without pay;
(c)
When performing emergency civilian duty in connection with national defense;
(d)
When ordered to appear for a medical or other examination by the Selective Service
System or by a branch of the Armed Forces of the State or the United States;
(e)
When taking or participating in a New Orleans City Civil Service examination;
(f)
When taking an examination for a license or certificate from a City or State agency,
provided the appointing authority certifies in writing to the Civil Service
Department that the city service will benefit by the employee's acquisition of the
certificate or license.
(g)
When attending meetings of the Civil Service Commission as the employee-elected
member of the Commission during the employee-member's regular work day.
(adopted January 21, 1988, effective February 1, 1988)
(h)
When an appointing authority reduces, suspends or closes its operations due to
concerns about the health and safety of the public or its employees, it may direct
employees not to report to work. In advance of such reduction, suspension or closure,
the appointing authority shall send written notice to the Personnel Director. To the
extent practicable, the appointing authority should adjust the work schedules of those
employees affected by the reduction, suspension or closure in order to allow the
employee to make up the hours he or she was not able to work during that work
period. However, if such rescheduling is not practicable, the appointing authority
shall allow the employees time off without loss of pay. Such allowance will be subject
to the review of the Personnel Director. (Amended April 18, 2016 and ratified by the
Council March 23, 2017)
(i)
When impacted by a disaster as declared by the Mayor or the Governor. City
employees who wish to use Civil Leave with pay pursuant to this section will make
a request to their appointing authority. Upon verification by the appointing authority
that the employee was directly affected by the disaster and that the use of Civil Leave
is warranted, the employee may take up to twenty (20) working days of paid leave
within twelve (12) months of the date of the disaster. Any use of Civil Leave under
this provision must be verified and approved by the appointing authority. Civil Leave
shall be available to the employee as of the date of the emergency declaration.
(Amended February 20, 2017, ratified by the Council March 23, 2017, effective
February 7, 2017)
91
(Section 4.1 (a)-(b) amended November 12, 1981, effective December 1, 1981)
4.2
When an employee is authorized or assigned to attend a conference, convention, training
program directly related to the employee's work or the work of the employee's department,
or training program that is part of an authorized employee growth or development program,
no leave shall be reported and the employee shall be considered as working. All regular
employees shall be allowed to take at least one course per month of available authorized
training, subject to supervisor approval, which shall not be unreasonably withheld. In any
case, appointing authorities shall approve at least four (4) training opportunities for
employees each year. Employees elected or appointed as trustees as defined by LA R.S.
9:1781 et seq, on any public employee retirement system's governing board, shall be given
time off, subject to the approval of the appointing authority, without loss of pay when
engaged in administrative or educational activities required to fulfill their statutory
responsibilities as fiduciaries. (adopted November 19, 1991, effective January 1, 1992,
amended March 24, 1997, amended August 25, 2014, effective September 1, 2014)
Section 5. LEAVE OF ABSENCE WITHOUT PAY
5.1
(a) An appointing authority may grant an employee leave without pay for a period not
to exceed one (1) year, whenever such leave is considered to be in the best interests
of the service. Leave without pay for an additional period of time may be granted
only with the approval of the Civil Service Commission.
(b)
Appropriate personnel forms must be submitted by the appointing authority during
the initial days of the period for which leave without pay was authorized in
accordance with the provisions of this Section of these Rules. Personnel forms
need not be submitted for periods of leave without pay which constitute less than a
total workday.
(c)
At the discretion of the Appointing Authority, any employee who is absent from
work without prior authorization may be carried on leave without pay for that time
period on all payroll records. Such action shall not be termed as disciplinary and
hence shall not warrant an appeal to the Commission.
(d)
Nothing in Section 5.1 (c) shall be intended to preclude the appointing authority
from initiating appropriated disciplinary action, in accordance with the provisions
of Rule IX of the Commission's Rules, where the employee's conduct merits
corrective action. Further, if an employee is physically present, willing, and able to
work but is barred from working by the appointing authority, such action shall be
considered disciplinary.
(Section 5.1 (a)-(d) amended November 12, 1981, effective December 1, 1981; Section 5.1 (c) amended
November 10, 1983, effective November 10, 1983, amended January 21, 1988, effective February 1,
1988; Section 5.1 (d) amended January 21, 1988, effective February 1, 1988, amended October 21, 2013,
effective November 1, 2013.)
5.2
Employees with probationary or permanent status may be allowed sick leave without pay
for a period not to exceed one (1) year, provided any sick leave without pay for a period
92
exceeding ninety (90) days is recommended by a physician acceptable to the City Civil
Service Commission; and further, that the employee shall also be examined by an
acceptable physician during the seventh month while on sick leave without pay. Sick leave
without pay may be granted under this Rule only by the Director, subject to the approval of
the City Civil Service Commission.
Section 6. SPECIAL LEAVE OF ABSENCE WITHOUT PAY
6.1 An appointing authority may grant a regular employee special leave of absence without pay
whenever such leave is for the purpose of enabling such employee to accept an unclassified
position in the city service, except an elective office. Any such leave heretofore granted by
an appointing authority for the purpose herein expressed may be extended by such
appointing authority from the date such leave was originally granted; provided, however,
that the leave without pay herein authorized shall automatically end whenever an employee
resigns from his unclassified position or his employment therein is otherwise terminated.
Section 7. SPECIAL LEAVE OF ABSENCE WITH PAY
7.1 An appointing authority may grant a regular employee special leave of absence with pay
for a period not to exceed one (1) year whenever such leave is for the purpose of enabling
the employee to obtain educational training necessary for the betterment of the service
rendered by the department to the public. To obtain special of leave of absence with pay, it
must be clearly demonstrated that the course of study is related directly to the work of the
department. No special leave of absence with pay can be granted until the approval of the
City Civil Service Commission is obtained. (amended September 12, 1963.)
Section 8. MILITARY LEAVE WITHOUT PAY
8.1
Any employee who shall have entered into active military or naval duty with the Armed
Forces of the United States or the State of Louisiana shall be placed on military leave
without pay, such military leave to extend through a date ninety (90) days after being
relieved from service, or from hospitalization continuing after discharge for a period of not
more than one year. The employee shall be entitled to be restored to the position which he
vacated, provided application is made in writing to the appointing authority of the agency
wherein he was formerly employed within ninety (90) days from the date of honorable
discharge or discharge under honorable conditions, or from hospitalization continuing after
discharge for a period of not more than one year, if the person is physically and mentally
capable of performing the work of the position to the satisfaction of the appointing
authority. (amended February 21, 1991)
(a)
In the case of an employee who was placed on military leave while serving a
working test period, such an employee, upon returning to his position, shall be
required to serve the remaining portion of the working test period before gaining
permanent status in the class of positions. (effective February 21, 1991)
(b)
An employee who was placed on military leave while in provisional status shall be
restored to the former position on a provisional basis unless the position has already
been filled by appointment from a list of eligibles. If there is a list of eligibles, but
no appointment has been made, the employee returning from military leave shall be
93
allowed to take the examination and then the position shall be filled by appointment
from such list, subject to the provisions of Rule VI, Section 3. (adopted February
21, 1991)
(c)
An employee who was placed on military leave while in transient status shall be
eligible to resume and complete the remainder of the three months term specified in
Rule VI, Section 5,3 (b). (adopted February 21, 1991)
8.2
In the event the position vacated by a permanent or probationary employee entering the
armed services no longer exists at the time he or she qualifies to return to work, such
person shall be entitled to be reemployed in any position of the same classification within
that agency wherein the person was employed, provided such reemployment does not
necessitate the laying off of any employee who was appointed at a earlier date than the
person returning from military leave. (effective February 21, 1991)
8.3
In the event a position vacated by a permanent or probationary employee entering the
armed services no longer exists at the time he or she qualifies to return to work, and there is
no other position in the agency to which the employee is entitled to reemployment, the
name of such person shall be placed upon an appropriate reemployment list or lists by the
Director, and the Director shall take all steps consistent with the provisions of the Civil
Service Law to effect the reemployment of such person at the earliest date possible. Names
of persons placed on the reemployment lists under the provisions of this Section shall be
given preference in certification.
8.4
Any position vacated by a person going on authorized military leave without pay may be
filled only by a conditional appointment in accordance with Section 5 of Rule VI. A
regular employee temporarily occupying a position vacated by a person entering the armed
services shall be entitled to all benefits of the Civil Service Law and Rules that the
employee might otherwise have, except as herein provided. If and when such regular
employee is required to vacate a position as a result of the reemployment of a person who
has returned from military leave, the employee shall be entitled to be demoted or
transferred to his or her former position, provided such demotion or transfer does not
necessitate the laying off of any person who was appointed at an earlier date than such
person being demoted or transferred; otherwise the employee shall be eligible for
placement on an appropriate eligible list. (amended February 21, 1991)
8.5
A person on authorized military leave of absence shall be permitted to take any
promotional examination missed because of being on leave, provided such examination is
taken during the life of the appropriate eligible list and prior to that announcement of the
next examination for the same class of positions. (amended February 21, 1991)
Section 9. LEAVE FOR PARENTAL REASONS (Maternity, Paternity and Adoptive Parent)
(amended December 15, 2014, approved by the Council to be effective January 1, 2015,
amended May 31, 2019)
9.1 Parental Leave shall be recorded as leave granted in addition to the employee’s
accumulated sick and annual leave for the approved durations provided herein. All other
parental leave shall be recorded as leave without pay, except that an employee may charge
such leave against accumulated annual and/or sick leave, or may use a combination of
94
annual leave, sick leave, and/or leave without pay, subject to the provisions of Rule VIII.
The employee is required to present a statement from a physician and any other verification
requested by the appointing authority that is reasonable and necessary to confirm
eligibility.
Any full-time classified probationary, provisional and permanent employees with at least
twelve months of service shall be eligible for Parental Leave as provided in this section.
Employees who are eligible for leave under this section are eligible for leave donation as
provided in Section 2.12 of this Rule.
Parental Leave may not be used by an employee more than once in any twelve (12) month
period.
The provisions of the Family and Medical Leave Act (FMLA) apply to Parental Leave. An
employee on approved Parental Leave shall be reinstated to his or her former position, or a
comparable position in supervisory and duty responsibilities at the same pay, upon return to
work within the twelve (12) weeks provided by FMLA.
As a result of the physical demands and impacts of childbirth, biological mothers may use
up to six (6) weeks of parental leave to recover from any pregnancy-related temporary
disability. An employee may return to work at any time following childbirth provided that
she has the permission of her attending physician. The appointing authority may require a
statement from the physician certifying that the employee is able to resume her duties. In
addition, the biological mother may use up to two (2) weeks of parental leave to bond with
her newborn child/children.
The spouse or legally registered domestic partner of a woman who has given birth to a
child/children may use two (2) weeks of parental leave for the purpose of bonding with the
newborn child/children. The biological father of a newborn may also take two (2) weeks of
parental leave for the purpose of bonding with the newborn child/children immediately
following the birth or the child’s first release from a medical facility.
Adoptive parent leave is Parental Leave taken as the legal, permanent adoptive parent of a
child under five (5) years of age by an employee with permanent custody of the child,
before or immediately following the placement of the child with the employee. Adoptive
parent leave is two (2) weeks of Parental Leave period before or after the permanent
placement of a child for the adoptive parent.
(Amended December 15, 2014, approved by the Council to be effective January 1, 2015,
amended May 31, 2019)
Section 10. FAMILY MEDICAL LEAVE (amended December 13, 2001, amended December 13,
2004, effective January 1, 2005, amended February 18, 2013, effective March 1, 2013)
10.1
Family and Medical Leave is offered to employees pursuant to Federal law (FMLA).
Federal law defines and describes the eligibility of the employee; eligibility of the event for
which leave is taken; eligibility of the person for whom leave is taken; length of leave
available to the employee; and timeframe in which leave is allowed.
95
(a)
In all cases the applicable time for leave usage shall be measured forward from the
date FMLA leave is granted.
(b)
The appointing authority shall require completion of a Family Medical Leave
Request Form signed by a licensed physician or other health care provider, or other
appropriate documentation to substantiate the reasons for which this leave is
requested.
(c)
Leave for these purposes shall be recorded as leave without pay; however, the
appointing authority may require that the employee use accrued annual leave or, in
cases of the employee's own illness, sick leave.
(d)
An additional benefit under this Section of the Rules is available as follows:
Employees may be granted up to a total of twelve (12) weeks leave in a single
twelve (12) month period to care for an ill domestic partner who is registered with
the Clerk of Council pursuant to Chapter 87, Section 87-5 of the City Code.
(Section 10.1 adopted July 15, 1993, effective August 1, 1993, amended November 20, 1997, effective
December 1, 1997, amended December 13, 2001, effective January 1, 2002, amended February 18, 2013,
effective March 1, 2013)
10.2
EMERGENCY FAMILY AND MEDICAL LEAVE EXPANSION ACT
(a)
As provided in the Emergency Family and Medical Leave Expansion Act of the
Families First Coronavirus Response Act, an employee who is unable to work or
telework because the employee is caring for a child described in subsection (5) above
of the Emergency Paid Sick Leave Rule, Rule VII, section 2.14 is entitled to paid
leave for 10 weeks of the twelve weeks of leave.
(b)
The duration of the leave is twelve weeks. This provision does not expand the total
amount of leave available under the Family and Medical Leave Act (FMLA), 29
U.S.C. Section 2601, and Rule VIII, section 10.1.
(c)
The first 10 days of leave under this section will be unpaid, although an appointing
authority may allow an employee to substitute leave under Rule VIII, section 2.14 or
leave under another provision of this Rule for the first 10 days.
(d)
An employee shall have completed 30 days of service in order to qualify for leave
under this section.
(e)
Employees who qualify for leave under this section shall receive at least two-thirds of
their regular rate of pay for the number of hours the employee would normally be
scheduled to work, up to at least $200/day.
(f)
This section shall expire on December 31, 2020.
(g)
The provisions of this section do not expand, reduce, or change the benefits provided
by any portion of Public Law No. 116-127, which is also known as the Families First
Coronavirus Response Act or “FFCRA.” This section is intended only to make the
requirements of sections 3105 of the FFCRA part of these Rules.
96
Section 11. OFFICIAL EMERGENCY LEAVE
11.1 When the Mayor of New Orleans declares an official emergency and orders that only
"essential" employees report to work and that all "non-essential" employees remain away
from work, such non-essential employees will be granted official emergency leave.
Essential employees working under these circumstances may be eligible for special
compensation as provided in Rule IV, Section 11.
(Section 11.1 adopted May 17, 1995)
97
RULE IX
DISCIPLINARY ACTIONS
(amended February 9, 1955, July 22, 1975, August 9, 1979, June 10, 1982, January 21, 1988,
September 27, 1990, December 14, 2000, adopted November 13, 2002, amended February 17,
2014, effective March 1, 2014)
Section 1. MAINTAINING STANDARDS OF SERVICE
1.1
When an employee in the classified service is unable or unwilling to perform the duties of
his/her position in a satisfactory manner, or has committed any act to the prejudice of the
service, or has omitted to perform any act it was his/her duty to perform, or otherwise has
become subject to corrective action, the appointing authority shall take action warranted by
the circumstances to maintain the standards of effective service. The action may include
one or more of the following:
(a)
termination from the service. (amended January 21, 1988, effective February 1,
1988)
(b)
involuntary retirement. (adopted June 10, 1982)
(c)
reduction in pay within the pay grade for the employee's classification, subject to
the provisions of Rule IV, Section 3. A reduction in pay includes involuntary time
away from work without pay, no matter how brief (e.g., involuntary leave without
pay). (amended September 27, 1990, amended February 17, 2014)
(d)
demotion to any position of a lower classification that the employee is deemed by
the Appointing Authority and the Director to be competent to fill, accompanied by a
reduction in pay which is within the pay grade range for the lower classification,
subject to the provisions of Rule IV, Section 3. (amended September 27, 1990)
(e)
suspension without pay not exceeding one hundred twenty (120) calendar days.
(f)
fine.
(g)
letters of reprimand as defined in Rule I. (amended February 17, 2014)
(Section 1.1. (a)-(f) and amended June 10, 1982, effective June 10, 1982, Section 1.1 (c) and (g) ,
amended February 17, 2014, effective March 1, 2014)
1.2
In every case of termination of employment of a regular employee, the appointing authority
shall conduct a pre-termination hearing as required by law and shall notify the employee of
the disciplinary action being recommended prior to taking the action. (adopted January 21,
98
1988, effective February 1, 1988)
1.3
In every case of termination, suspension, reduction in pay, letter of reprimand, or fine of
any employee in the classified service or of involuntary retirement or demotion of the
employee, within five (5) working days of the effective date of the action, the appointing
authority shall furnish the employee and the Personnel Director a statement in writing of
the reasons therefore. The notification also must advise the employee of the possible right
of appeal, which must be exercised within thirty (30) calendar days of the date of the
disciplinary letter. (amended January 21, 1988, effective February 1, 1988, amended
February 17, 2014, effective March 1, 2014)
1.4
In the event that any investigation conducted of any classified employee subject to L.R.S.
40:2531 is anticipated to exceed 75 days (inclusive of Saturdays, Sundays, and legal
holidays), the appointing authority shall, not later than 30 days after commencement of
the investigation, advise the Director of the need for an extension of the time within
which to complete the investigation pursuant to L.R.S. 40:2531(7). The Director shall
assign the matter for the taking of testimony before a hearing officer and notify the
appointing authority and the employee their rights to attend the hearing and to present
evidence and arguments for or against the extension. The hearing officer shall, upon
conclusion of the hearing, either grant or deny the requested extension. The hearing
officer’s action shall be ratified by the Commission at its next regular meeting. (adopted
November 13, 2002, effective December 1, 2002, amended July 19, 2021)
99
RULE X
RECORDS
Section 1. PERSONNEL, PAYROLL AND ATTENDANCE RECORDS (amended December 13,
2004, effective January 1, 2005, amended August 25, 2015, effective September 1, 2015)
1.1
It shall be the duty of each appointing authority to comply with the personnel, payroll and
attendance record keeping system established by the Director. It shall be the duty of the
Director to advise and assist in these procedures. (amended April 20, 1995, amended
December 13, 2004, effective January 1, 2005, amended July 20, 2015, effective August 1,
2015)
1.2
The appointing authority shall certify on the appropriate personnel or payroll record:
(a)
the continuing authorized employment of a person in a position approved by the
Civil Service Department.
(b)
the actual rendering of service in that position.
(c)
the actual number of hours worked in the applicable work period or absence from
work on the appropriate authorized leave, or another approved method of describing
the time worked in the payroll period.
For purposes of crediting an employee properly for a holiday, annual leave, sick leave, and
other forms of leave the appropriate payroll records shall note that pay for such time is
equal to the employee's leave day as defined in Rule I. (amended April 20, 1995)
(Section 1.2 (a) - (c) amended October 23, 1985, effective April 13, 1986, amended April 20, 1995.)
1.3
(a) No payment for personal services shall be made by any department or fiscal officer
thereof to any employee in the classified service of the City until after certification
by the Director that such payment is authorized and is in conformity with these
Rules. The Director's approval of records relating to personnel transactions shall
constitute certification within the meaning of this Rule.
(b)
The Personnel Director and designee shall conduct periodic audits of personnel
transactions that do not require prior approval of the Personnel Director. If the
Personnel Director determines that those personnel transactions require correction
or are not in compliance with the Civil Service Rules, the Personnel Director shall
take immediate action to stop and further payments not in compliance with the Civil
Service Rules. The appointing authority may appeal any steps taken by the
Personnel Director to the Commission.
100
(c)
At the recommendation of the Personnel Director, the Commission may take the
following actions:
1.
Revoke the authority granted to an appointing authority to grant pay
increases without prior approval of the Personnel Director upon three or
more instances of personnel transactions requiring correction and/or non-
compliance with the Civil Service Rules.
2.
Retroactively reduce an employee’s pay when it is determined that the
employee has benefitted from increased pay as a result of either a violation
of these Rules or an abuse of the discretion granted in these Rules.
(Sections 1.3 (a) - (c) amended July 20, 2015, effective August 1, 2015)
1.4
If the Director in any case determines that any person has been employed in any position in
violation of any provisions of the Law or these Rules, he shall notify the appropriate parties
of the violation, and shall order that no compensation be paid until the matter is corrected
to comply with the Law or Rules.
(Sections 1.1 - 1.4 amended April 7, 1982, effective April 7, 1982)
1.5
The Director shall prescribe personnel records on which appointing authorities shall certify
the fact of lawful creation of a position and the fact of lawful appointment of a person to
the position. The Director shall also indicate on these personnel records the proper
allocation of the position. Only personnel records approved by the Director shall constitute
authorization for initial placement of the name of a person on a payroll or for any change in
the status of an employee already on the payroll. No person shall then be removed from a
payroll, except in accordance with the Law and Rules. (amended April 7, 1982, effective
April 7, 1982, amended April 20, 1995)
1.6
The Department shall provide the necessary employment statistics regarding recruitment,
hiring, promotions, and pay increases to the City annually, if available. The City shall
analyze this information and develop an Inclusion Index, which shall measure the City’s
employment opportunities and advances by race, ethnicity, sex, and age. This report shall
be in addition to any other reporting mandated by other federal, state, and local laws.
(Section 1.6 adopted August 25, 2014, effective September 1, 2014)
Section 2. AVAILABILITY OF RECORDS (amended December 13, 2004, effective January 1, 2005)
2.1
The Department of Civil Service is the official custodian of personnel and payroll records.
As such, any and all such records shall be made available to the Director at his or her
request. In addition, all analyses and permutations of these data shall be available at the
time and in the format requested; any such request shall be made in a manner prescribed by
the Director.
2.2
If a particular request or analysis of data cannot be made in a timely manner, a written
explanation shall be forwarded to the Director within one (1) week.
101
Section 3. EXAMINATION OF PERSONNEL RECORDS
3.1 The Director shall, on a continuing basis, examine departmental payrolls and related
records to determine whether or not the persons on such payrolls have been appointed,
transferred, reinstated, continued or otherwise employed in violation of any provision of
the Law and Rules or are being paid at a rate other than the duly authorized rate. (amended
April 7, 1982, effective April 7, 1982)
Section 4. RECORDS OF THE DEPARTMENT OF CITY CIVIL SERVICE (amended December
13, 2004, effective January 1, 2005)
4.1
Except as specifically provided in this Rule, the records of the Department of City Civil
Service shall be public records and shall be open to public inspection during office hours of
the Department. For reasons of public policy, the following records shall be held
confidential, except as provided by law:
(a)
Examinations, examination materials, tests and the results of tests, except as
provided in Rule V, Section 4.2.
(b)
Confidential records and investigations on the character, personality and history of
employees or candidates for positions in the classified service.
(c)
Medical reports.
(d)
Job Counseling & Evaluation Reports (service ratings).
(e)
Social Security Numbers. (amended April 7, 1982, effective April 7, 1982)
102
RULE XI
PERFORMANCE EVALUATION SYSTEM
(as adopted December 9, 1953, amended May 19, 1954, April 10, 1975, July 22, 1975, May 11,
1978, February 28, 1979, June 9, 1983, and May 19, 1988, August 24, 1989, November 29, 1990,
amended August 25, 2014, effective September 1, 2014, amended June 20, 2016, amended January
28, 2019)
Section 1. ADMINISTRATION
1.1
The Performance Evaluation System is a tool used to measure individual performance and to
develop employees into high-performing individuals. This Performance Evaluation System
is effective January 1, 2017 and applies to all classified employees. The performance
evaluation year shall be January 1 through December 31 of each year. For the purposes of
this Rule, the term “acknowledge” shall mean an employee was provided with an opportunity
to review the evaluation. The term “acknowledge” shall not necessarily indicate that the
employee agrees with the content of the evaluation.
(a)
The Performance Evaluation System shall consist of at least the following
components:
1.
A standard planning and evaluation form approved by the Personnel Director.
2.
A performance plan that lists the performance goals, work tasks, and
competencies on which the employee’s overall performance will be
evaluated.
3.
The goals, work tasks, and competencies which must be within the control of
the employee or the team of employees.
4.
A planning session at which the evaluating supervisor and the employee
discuss the performance plan.
5.
The standard planning and evaluation form will have three (3) possible
evaluation categories, “Does Not Meet Expectations,” “Meets Expectations,”
and “Exceeds Expectations.”
6.
A planning and evaluation instruction manual that is accessible to all
employees on the Civil Service website.
99
(b)
An appointing authority or the Chief Administrative Officer may make variations to
the performance planning and evaluation form or instructions with prior written
approval from the Personnel Director.
(c)
The Chief Administrative Officer may set policy associated with the Performance
Evaluation System relative to goal-setting for each employee, appropriate
performance measures, work strategies or assignments for which results can be
measured through objective performance data, and work performance feedback as
long as those policies are not in conflict with the Rules.
1.2
Evaluating Supervisor (amended August 25, 2014, effective September 1, 2014, amended
January 28, 2019)
(a)
The appointing authority shall designate an Evaluating Supervisor for each employee.
Generally, the Evaluating Supervisor should be the person who, in the appointing
authority's judgment, is in the best position to observe and document the employee's
performance.
(b)
The Evaluating Supervisor shall be responsible for administering the performance
evaluation system for the designated employees in accordance with these Rules and
any applicable departmental policies.
(c)
An Evaluating Supervisor who fails to administer the performance evaluation system
in accordance with these Rules shall not be eligible for a merit increase for that year.
1.3
Second Level Evaluator (amended August 25, 2014, effective September 1, 2014, amended
January 28, 2019)
(a)
The Appointing Authority shall designate a Second Level Evaluator for each
employee. Generally, the Second Level Evaluator is the Evaluating Supervisor’s
supervisor. The Second Level Evaluator must approve the performance plan and the
performance evaluation prepared by the Evaluating Supervisor after they are
discussed with and given to the employee for signature.
(b)
The Second Level Evaluator shall be responsible for administering the performance
evaluation system in accordance with these Rules and any applicable departmental
policies.
(c)
A Second Level Evaluator who fails to administer the performance evaluation system
in accordance with these Rules shall not be eligible for a merit increase for that year.
100
1.4
Performance Evaluations (amended August 25, 2014, effective September 1, 2014,
amended January 28, 2019)
(a)
Each employee shall be evaluated on the employee’s overall performance based on
goals, work tasks, and competencies determined by the evaluating supervisor to be
requirements of the employee’s job.
(b)
Additionally, each supervisory employee shall be evaluated on the supervisory
employee’s administration of the performance evaluation system as required by
these Rules. All supervisory employees shall have “successful administration of the
performance evaluation system” as one of the performance goals.
1.5
Performance Plan and Performance Planning Session (amended June 20, 2016, effective
July 1, 2016, amended January 28, 2019)
(a)
Planning sessions for the upcoming year shall be conducted during the annual
planning period from October 1st to January 31st. During this period, an evaluating
supervisor shall prepare a performance plan for the upcoming year in cooperation
with the employee, or the team of employees if the work is performed in teams. The
performance plan shall list goals, related work tasks, and competencies on which the
employee’s overall performance should be evaluated. The plan may also provide for
professional development for each employee, appropriate performance measures, and
work strategies or assignments for which results can be measured through objective
performance data. The goals, work tasks, and competencies shall be recorded on the
planning and evaluation form. Failing to establish a performance plan will result in
the employee receiving a “Not Evaluated” designation. (amended September 29,
2021)
(b)
Additional planning sessions should be conducted during the first three (3) calendar
months following either the appointment of a new employee or the permanent
movement of an employee into a position with significantly different duties. An
Evaluating Supervisor should establish a three-month assessment plan for a new
employee soon after his or her appointment.
(c)
During the planning session, the Evaluating Supervisor shall present the
performance planning and evaluation form to the employee and discuss the
performance goals, work tasks, and competencies on which the employee will be
evaluated and the performance that will be expected during the coming performance
year.
(d)
The Evaluating Supervisor and the employee shall sign and date the performance
planning and evaluation form to document the planning session. The employee shall
be given access to a copy of the form. Should the employee decline to acknowledge
the performance planning and evaluation form, the Evaluating Supervisor shall note
101
this on the form and record the date that the planning session occurred. An
employee cannot prevent the planning session from becoming official by refusing to
acknowledge the form.
(e)
If an employee disagrees with the work tasks, goals, and behavior standards as stated
on the performance planning and evaluation form, the employee may use the
appointing authority’s grievance process to challenge the form during the annual
planning period of October 1 to January 31. (amended September 29, 2021)
(f)
The Evaluating Supervisor shall obtain the Second Level Evaluator’s approval of the
performance plan after presenting it to the employee for his or her acknowledgment.
(g)
Before obtaining the Second Level Evaluator’s signature approval of the performance
plan, the Evaluating Supervisor will have conducted a performance planning session
with the employee.
(h)
Failing to establish a performance plan for one’s employee(s) will result in the
supervisor(s) receiving an overall “Does Not Meet Expectations” designation.
(i)
A performance planning session may be conducted when:
1.
The employee is assigned a new Evaluating Supervisor.
2.
Performance expectations change.
3.
The Evaluating Supervisor deems a performance planning session is
appropriate.
1.6
Overall Performance Designation (amended August 25, 2014, effective September 1, 2014,
amended January 29, 2019)
(a)
At the end of the performance period, the Evaluating Supervisor shall assign one of
the three evaluation categories listed below to the employee’s overall performance
based upon the established performance plan, goals, work tasks, and competencies.
1.
Exceeds Expectations: Employee’s performance consistently exceeded the
performance criteria.
2.
Meets Expectations: Employee’s performance met the performance criteria.
3.
Does Not Meet Expectations: Employee’s performance did not meet the
performance criteria.
102
(b)
An Evaluating Supervisor shall assign the overall evaluation category (i.e. Does Not
Meet Expectations, Meets Expectations, and Exceeds Expectations) based on seven
predefined criteria of performance:
1.
Performance Goal
2.
Work Task/Behavior Expectations
3.
Competencies
4.
Quality and Completeness of Work
5.
Supervision and Guidance Requirements
6.
Person-Role Fit
7.
Overall Placement
(c)
A new employee with less than one year of continuous service in the position as of
December 31 of the performance year shall be evaluated based on his or her
progress toward predefined criteria established via three-month assessment.
However, this employee shall receive an overall designation of “Not Evaluated” for
that specific performance year.
(d)
An employee with over 12 months of service as of December 31 of the performance
year may receive an overall designation of “Not Evaluated”. Such overall
designation shall have the same effect “Meets Expectations” only when:
1.
The employee is active as of December 31, the end of the performance year;
2.
The existing employee has worked less than three (3) months from the date
of his or her transfer to the evaluating department within the performance
year; and,
3.
The appointing authority determines that not enough time has elapsed to
create an evaluation for the employee.
4.
The supervisor has failed to establish a performance plan for the employee
for that performance year.
(e)
Employees evaluated as “Meets Expectations” or “Exceeds Expectations” are
eligible for merit increases in keeping with Rule IV, Section 2.5(b) of these Rules.
103
1.7
Official Performance Evaluations (amended August 25, 2014, effective September 1,
2014, amended January 28, 2019)
(a)
Official performance evaluations are required for all classified employees who have
at least 12 months of continuous service as of December 31of the performance year.
(b)
The Evaluating Supervisor shall base the official evaluation of the employee’s
performance on the goals, work tasks, and competencies as stated on the
performance planning and evaluation form.
(c)
Official evaluations shall be made after the performance year has ended and must
be rendered between January 1 and April 1 of the following year. Evaluations
become official on the date they are rendered. Evaluations rendered after April 1
will not be accepted. And, the concerned employee(s) will receive an overall “Not
Evaluated” designation.
(d)
To render an official evaluation, the Evaluating Supervisor shall:
1.
Complete a performance evaluation form after January 1 of the following
year.
2.
Provide documentation to support the overall evaluation.
3.
Provide the employee access to a copy of the evaluation form with the
employee’s official overall evaluation noted along with the supporting
documentation.
4.
Discuss the evaluation with the employee and present the evaluation form to
the employee to be acknowledged and dated.
5.
Obtain the Second Level Evaluator’s approval of the evaluation form after
the discussion with the employee.
(e)
When an employee is not available for a performance evaluation session, the
provisions of this Rule shall be satisfied when notification to the employee is made
by mail. If the employee is notified by mail, the notification shall be deemed timely
if it was mailed to the employee’s most recent address on or before April 1, as
evidenced by official proof of mailing. The appointing authority must maintain
documentation that the employee was notified on or before April 1. If an appointing
authority fails to notify an employee, the employee shall receive a designation of
“Not Evaluated”.
104
1.8
Effect of the Absence of an Official Evaluation (adopted August 25, 2014, effective
September 1, 2014, amended January 28, 2019)
An employee who is not evaluated in accordance with the provisions of these Rules shall
have an overall designation of “Not Evaluated” with an effective date of April 1.
1.9
Effect of the “Does Not Meet Expectations” Evaluation (amended June 20, 2016, effective
July 1, 2016, amended January 28, 2019)
(a)
An evaluation of “Does Not Meet Expectations” is not a disciplinary action.
Regular employees shall have a right to request a review in accordance with the
provisions of Sections 1.12 and 1.13 of this Rule. The performance improvement
plan shall be held in abeyance pending the outcome of the review.
(b)
Any employee whose official overall evaluation is “Does Not Meet Expectations”
shall be ineligible for: a merit increase, a promotion, or a permanent status. The
provisions of Rule VII shall still govern the duration of an employee’s working test
period. If an employee has requested review of the rating, the performance
improvement plan shall be held in abeyance pending the outcome of the review.
(c)
If the designation of “Does Not Meet Expectations” does not become final, the
appointing authority shall establish a performance improvement plan within 30
calendar days of submission. The Evaluating Supervisor must establish a
performance improvement plan for the employee and shall monitor the employee’s
work performance for a period of 90 calendar days.
(d)
At the conclusion of the 90 calendar day period, the Evaluating Supervisor must
state in writing to the employee and the Personnel Director whether or not the
employee’s work performance has improved. If, upon review, the work
performance has not improved, the appointing authority shall discipline the
employee in accordance with the provisions of Rule IX.
1.10
Appointing Authority Review (adopted August 25, 2014, effective September 1, 2014,
amended January 28, 2019)
(a)
A regular employee who receives an overall performance evaluation of “Does Not
Meet Expectations” may request an official review of that evaluation by a Review
Panel.
(b)
The appointing authority shall notify an employee, in writing, of an overall
evaluation of “Does Not Meet Expectations.” This notice shall also inform the
employee of his or her right to have a panel review of the evaluation. Within 5
calendar days of issuing such designation, the appointing authority shall provide an
105
employee all of the supporting documentation. Failing to provide documentation
will render the evaluation “Not Evaluated” designation.
(c)
Within 30 calendar days after receiving the official notice of the “Does Not Meet
Expectations” evaluation, a request for review, if desired, must be made in writing
by the employee to the appointing authority, specifying what the evaluation should
be and the reasons therefore.
(d)
The appointing authority shall designate a three-member Review Panel. If the
request for review is timely, the Review Panel must review the employee’s request,
the evaluation given and any supporting documentation provided. The members of
the Review Panel shall be neither the Evaluating Supervisor nor the Second-Level
Evaluator who approved the evaluation being approved. The official overall
evaluation may only be changed by the Review Panel. The Review Panel shall be
compromised of unbiased members who do not have previous exposure to an
employee’s performance and any relationship with the supervisor.
(e)
The employee requesting the review shall have the option of addressing the Review
Panel and the Review Panel shall seek input from the employee’s evaluating
supervisor. The Review Panel should make an audio recording of any proceedings
before it and prepare a written record of such proceedings before rendering a
written decision either sustaining or modifying the rating.
(f)
The Review Panel shall give the employee, the Evaluating Supervisor, and the
organizational unit’s human resource officer a written notice of the results of their
review. This notification shall be provided no later than 30 calendar days after
receipt of the employee’s request for review. Any change in evaluation shall be
retroactive to April 1.
(g)
The performance planning and evaluation form, the employee’s request for review,
the Review Panel decision, the supporting documentation attached to the overall
evaluation, as well as any documents requested from the employee or supervisor
during the review, any audio recording of the panel’s proceedings, and the written
record of the proceedings shall be maintained in the employee’s departmental
personnel file and a true copy submitted to the Personnel Director.
1.11
Request for Review by Personnel Director (adopted August 25, 2014, effective September
1, 2014, January 28, 2019)
(a)
A regular employee who receives an overall evaluation of ”Does Not Meet
Expectations” following a review by a Review Panel may request to have his or her
performance file reviewed by the Personnel Director or designee.
106
(b)
A request for review under this Rule must be postmarked or received by the
Personnel Director no later than 20 calendar days following the date the employee
received the Review Panel decision. In the request, the employee must explain why
he or she is contesting the decision of the Review Panel. If the request for review is
timely, the Personnel Director or designee shall obtain and review the employee’s
performance file.
(c)
The Personnel Director may investigate the accuracy of reports of evaluation under
the system adopted and may either affirm the overall evaluation or change it to
“Not Evaluated” to confirm the facts as ascertained. The Personnel Director shall
provide a written decision to the employee, the Evaluating Supervisor, and the
human resources officer no later than 30 calendar days following the date the
request for review was received.
1.12
Record Keeping and Reporting Requirements (adopted August 25, 2014, effective
September 1, 2014, amended January 28, 2019)
(a)
The appointing authority or Chief Administrative Officer shall submit an official
list of the employees who were rated to the Civil Service Department not later than
April 1 of each year.
(b)
The Department shall annually report to the Civil Service Commission and the
Chief Administrative Office information about evaluations given for the previous
year.
(c)
If an appointing authority fails to submit all evaluations by the deadline, they may
be called to testify before the Commission.
(Sections 1.1 - 1.8 amended June 9, 1983, effective June 9, 1983)
(Sections 1.5 - 1.7 amended May 19, 1988, effective June 1, 1988)
(Sections 1.1 - 1.13 amended August 25, 2014, effective September 1, 2014, amended June 20, 2016,
effective July 1, 2016, amended January 28, 2019)
107
RULE XII
LAYOFFS
(adopted December 9, 1953, amended May 19, 1954, June 9, 1954, May 8, 1958, July 22, 1975,
November 8, 1979, September 11, 1980, November 12, 1981, October 26, 1982, March 13, 1986,
May 22, 1986, May 19, 1988, September 27, 1990, March 18, 1993, April 20, 1995, April 29,
1999, amended December 12, 2005 effective December 12, 2005, amended November 30, 2009,
effective December 1, 2009, amended March 15, 2010, effective April 1, 2010, amended January
28, 2019)
Section 1. ADMINISTRATION
1.1
All personnel actions implemented during the course of a layoff, including but not limited
to, demotions, terminations, reinstatements, transfers and resignations shall not be
considered disciplinary and thus, shall not afford any employee a right of appeal to the
Commission. (adopted May 19, 1988, effective June 1, 1988, amended April 29, 1999)
1.2
If it becomes necessary to reduce the work force in the classified service because of fiscal
constraints or some other cause such as an emergency (see Rule XII, Section 5.1 and Rule
II, Section 2.3), the appointing authority of the organization unit affected or the Chief
Administrative Officer must notify the Personnel Director in writing before a layoff of
employees can be initiated.
This notification must:
(a)
be provided at least forty-five (45) days prior to the effective date of a proposed
reduction in the work force; and
(b)
designate the class(es) of work and number of positions to be reduced; and
(c)
include the reasons why the layoff is being proposed, the proposed effective date of
the layoff, and a list of the organization units to be affected. If the layoff is due to
fiscal constraints, then an explanation of the budgetary shortfall including the
amount of the shortfall must be provided in the notice.
1.3
Upon receipt of this information, the following steps shall occur:
(a)
all personnel transactions throughout the service shall be reviewed for their effect
on the forthcoming layoff and may be held in abeyance until the layoff process has
been completed.
(b)
all classified employees in the designated class(es) in every organization unit (as
defined in Rule I) shall be ranked as a group, in accordance with the provisions of
Section 3 of this Rule. Upon completion of the ranking of all classified employees
in the designated class(es) throughout the classified service, a service-wide
reduction of personnel in the designated class(es) shall commence.
108
1.4
All affected employees shall be notified in writing by their appointing authority of their
scheduled layoff, transfer, or restoration to another class at least ten (10) calendar days
prior to the effective date of the layoff.
(Section 1 amended March 13, 1986, effective March 13, 1986; May 19, 1988, effective June 1, 1988,
amended March 15, 2010, effective April 1, 2010)
Section 2. UTILIZATION OF VACANT POSITIONS IN LAYOFFS
2.1
When a position held by a permanent employee is abolished, either as the result of a
reduction in operating funds or from the termination of a particular program, the employee
shall be reinstated to any vacant position in the same class throughout the classified service,
provided the employee possesses the requisite qualifications and experience to perform the
job.
2.2
The provisions of Section 6.3 of this Rule shall govern the filling of vacant positions, once
the layoff of personnel has been initiated. (amended March 13, 1986, amended March 15,
2010, effective April 1, 2010)
Section 3. SUCCESSION OF LAYOFFS
3.1
The service-wide reduction of personnel shall proceed in accordance with the layoff steps
specified in this Rule until the number of employees laid off equals the reduction in the
funding level for those abolished positions in the various designated organization units
throughout the classified service.
3.2
Temporary employees shall be removed from affected organization units first, in the order
listed below, without regard to designation of specific classifications.
(a)
All employees in Emergency appointments in the organization unit affected, who
do not have permanent status in another class, shall be removed in inverse order of
length of consecutive service. If additional reduction is needed, then
(b)
All employees in Transient appointments in the organization unit affected, who do
not have permanent status in another class, shall be removed next, in inverse order
of length of consecutive service. If additional reduction is needed, then
(c)
All employees in Provisional appointments in the organization unit affected, who
do not have permanent status in another class, shall be removed next, in inverse
order of length of consecutive service.
3.3
If additional reduction is needed, then employees in the affected classes are impacted.
(a)
Those receiving “Does Not Meet Expectations” performance ratings, as described
in Section 5 of this Rule, shall be ranked in inverse order of length of consecutive
service and removed in that order. If additional reduction is needed, then
109
(b)
Employees in the designated class(es) in original entrance Probationary
appointments, who do not have permanent status in another class, shall be ranked in
inverse order of length of consecutive service and removed in that order. If
additional reduction is needed, then
(c)
Employees in the designated classes(es) who have completed their probationary
period and have attained permanent status but who were not eligible to receive a
performance rating, shall be ranked in inverse order of length of consecutive service
and removed in that order. If additional reduction is needed, then,
(d)
Those receiving “Meets Expectations” performance ratings, as described in section
5 of this Rule, shall be ranked in inverse order of length of consecutive service and
removed or affected as provided for in Section 6 of this Rule. If additional
reduction is needed, then
(e)
Those receiving “Exceeds Expectations” performance ratings, as described in
Section 5 of this Rule, shall be ranked in inverse order of length of consecutive
service and removed or affected as provided for in Section 6 of this Rule. If
additional reduction is needed, then
(Section 3.3. amended January 28, 2019)
3.4
If two or more individuals in a class designated for layoff are in the same performance
rating category and have the same consecutive service date in the classified service, the
following tie-breaking steps shall be employed only to rank the individuals tied:
(a)
An employee who has been restored to a class having a lower pay grade shall be
given preference in the breaking of a tie. If the employees are still tied, then
(amended September 27, 1990)
(b)
An employee who is entitled to veteran's preference shall be laid off after the
employee who does not have a qualified veteran's preference in accordance with the
provisions of Rule XIII. If the employees are still tied, then
(c)
An employee who has retired from a classified position and is eligible for a pension
from that system is laid off ahead of the other(s). If the employees are still tied,
then
(d)
An employee's prior service with the City shall then be considered, giving
preference to the employee with prior service; or, if both employees have prior
service, then the employee with the longest prior service with the City receives
preference. If the employees are still tied, then
(e)
An employee who is a resident of Orleans Parish shall be given preference over a
non-resident. If the employees are still tied, then
(f)
If the employees are still tied after completing the previous tie-breaking steps, then
110
the tie shall be broken through the drawing of lots in a manner deemed most
practicable by the Personnel Director.
(amended March 13, 1986, effective March 13, 1986, amended May 22, 1986, effective May 22, 1986,
amended March 15, 2010, effective April 1, 2010, amended January 28, 2019)
Section 4. ESSENTIAL EMPLOYEE EXEMPTION
4.1 If an appointing authority feels that a certain employee is absolutely essential to the
efficient and effective operation of the organization unit because of special skills or
abilities, and the appointing authority wishes to retain the employee despite his or her
ranking on the layoff list, a written request must be submitted to the Personnel Director
requesting permission to do so. This request must set forth, in detail, the specific skills and
abilities possessed by the individual and the reasons that this particular employee be
retained despite his or her ranking on the layoff list.
Section 5. USE OF SERVICE RATINGS IN LAYOFFS
5.1
Layoffs are determined by the employee’s ranking in one of the three categories, with
“Does Not Meet Expectations” being the first category affected, followed by “Meets
Expectations”, and “Exceeds Expectations”. However, when performance ratings are not
available or when emergency circumstances (as described in Rule II, Section 2.3) otherwise
make it impracticable to rank employees using performance ratings, the layoff shall be
accomplished by such means as the Director deems most effective, as provided for in Rule
II, Section 2.3. (adopted May 22, 1986, effective May 22, 1986, amended March 15, 2010,
effective April 1, 2010, amended January 28, 2019)
In order to determine the ranking of regular employees for an anticipated layoff, each
employee's performance rating for no more than the past three years of consecutive service
are averaged; however, if a layoff is invoked prior to April 1, all available ratings from the
prior three years will be averaged. The resultant scores are ranked in ascending order and
grouped as follows: (amended March 18, 1993, amended January 28, 2019)
(a)
“Does Not Meet Expectations” rating scores are the lowest average performance
rating.
(b)
“Meets Expectations” are the next ranking group.
(c)
“Exceeds Expectations” performance rating scores are the next ranking group.
5.2
The following points govern special cases in using service ratings during layoffs.
(a)
Any regular employee who, in accordance with the provisions of Rule VIII, Section
6.1 has been granted a leave of absence to accept a position in the unclassified
service of the city, shall be given an annual performance rating by the appropriate
appointing authority in the unclassified service, pursuant to the requirements of
Rule XI, Section 1.2 and shall be ranked for the purpose of layoff.
(b)
Performance ratings received for rating periods which occurred prior to any break
111
in consecutive service shall not be included in the computations of the employee's
average rating. (amended March 13, 1986, effective March 13, 1986, amended
March 15, 2010, effective April 1, 2010)
Section 6. RESTORATION AND TRANSFERS
6.1
After the sequence of layoff steps has been completed and an ordered list of employees in
the designated class has been compiled, any regular employee scheduled for layoff, who
has permanent status in a class having an equal or lower pay grade regardless of the
organization unit, shall be restored to that class. All employees in that class shall then be
ranked in accordance with the provisions of this Rule if the need for further reduction
exists. (amended May 22, 1986, effective May 22, 1986, amended September 27, 1990)
6.2
When a regular employee is restored to a lower class pursuant to this Rule, the employee's
base rate shall be either thirty-five (35) percent above the minimum for the lower class or
the base rate the employee would be receiving had he or she remained in the lower class,
whichever is higher. However, in no case shall the employee's rate of pay be increased as a
result of the restoration to the lower class. (adopted by the Civil Service Commission
March 21, 1991, approved by the City Council April 4, 1991)
6.3
Upon completion of the mechanics of the layoff steps, transfers shall be effected for those
eligible employees whose present positions have been abolished, but who have a higher
rank on the service-wide layoff list than other employees in organization units throughout
the classified service.
The opportunity for selecting positions scheduled to become available when the layoff of
personnel is actually implemented, shall be given to individuals according to their rank on
the layoff list in the manner deemed most practicable by the Personnel Director. However,
no appointing authority shall be required under the provisions of this Rule to accept any
employee previously dismissed from that agency. (amended March 13, 1986)
Section 7. PAYMENT OF TERMINAL LEAVE
7.1 Those employees who are scheduled to be laid off must be paid for all terminal leave upon
separation from service.
Section 8. PREFERRED REEMPLOYMENT BENEFITS
8.1
The name of regular or probationary employees who are laid off shall be placed on a
preferred reemployment register for the class that the employee occupied at the time of
separation, except as provided for by Rule XII, Section 8.3 (b). Persons whose choice of
retirement is due to a layoff, shall be placed on appropriate preferred reemployment
registers (see also Rule VI, Section 4). If during a layoff employees are also reduced from
a higher classification and restored to a lower classification in accordance with the
provisions of this Rule, their name shall also be placed on the preferred reemployment
register for each classification from which they were thus removed.
8.2
Preferred reemployment registers shall be established, for a period not to exceed two (2)
years from the date of the layoff.
112
8.3
(a) Preferred reemployment registers will be composed of bands that are compiled in
the following order:
1.
Band 1 will consist of persons laid off from the classification and who have
a performance rating average of “Exceeds Expectations”, as defined in Rule
XII, Section 5.1.
2.
Band 2 will consist of persons laid off from the classification with a
performance rating average of “Meets Expectations”, as defined in Rule XII,
Section 5.1.
3.
Band 3 will consist of names of persons laid off from the classification who
have completed their probationary status and have attained permanent status
but who have not received a performance rating.
4.
Band 4 will consist of names of persons laid off from the classification who
have probationary status and do not have permanent status in a lower
classification.
(b) Persons laid off with a performance rating average of “Does Not Meet
Expectations” as defined in Rule XII, Section 5.1 are not eligible for preferred
reemployment.
8.4
An organization unit may not make an appointment from a lower band if there remains an
eligible in a higher band who was laid off from the organization unit, except when such
eligible fails to respond to offers of employment as outlined in Section 8.7 of this Rule.
8.5
All employees who have been placed on a preferred reemployment register for a class shall
be considered for reemployment in any vacant position in that class or in any other class for
which the Director has deemed the register to be appropriate. Once a preferred
reemployment register has been established, and until the expiration of that register, said
register pre-empts all other methods of filling vacancies in that classification and in any
other classification for which the Director has deemed that register to be appropriate.
However, the following exceptions to the preeminence of this register are provided:
(a)
promotions in an established career series (for which experience at the next lowest
level is the principal qualification)
(b)
transfers from one organization unit to another
(c)
transient or emergency appointments as described in Rule VI, Section 5.
(amended March 13, 1986, amended December 12, 2005, effective December 12, 2005, amended March
15, 2010, effective April 1, 2010)
8.6
A former employee on a preferred reemployment list resulting from a layoff, who accepts
an offer of reemployment within two (2) years from the date of layoff, shall be considered
as having had no break in consecutive service for longevity pay increases or leave accrual
113
purposes. Additional benefits may be provided under Rule VI, Sections 4.8 (b) or 4.9.
8.7
A former employee on a preferred reemployment list resulting from a layoff, who declines
or fails to respond to a total of three (3) offers of reemployment, shall be removed from the
preferred reemployment list for that classification and all lower classifications in the same
job series and will have no further preferred reemployment rights for those classes. In
addition, said former employee forfeits the benefits provided by Section 8.6 of this Rule.
(amended March 13, 1986, effective March 13, 1986; May 19, 1988, effective June 1, 1988; amended
April 20, 1995, effective May 1, 1995, amended March 15, 2010, effective April 1, 2010)
Section 9. FURLOUGH TO AVOID LAYOFF
9.1
When the Mayor determines that it is necessary to furlough employees within an organization
unit(s) in order to avoid a layoff, the furlough may proceed, subject to the following provisions:
(a)
The Mayor shall submit for approval to the Personnel Director, no later than thirty (30)
calendar days prior to the effective date, a written request which must include the reasons
for the reduction, the number of work hours or days reduced for each employee, the
proposed effective dates and periods of time involved, and the organization unit(s). It shall
also include the names and titles of employees to be exempted, if any, and the reasons for
the exemption.
(b)
The number of work hours reduced for an employee shall not exceed the equivalent of
twelve (12) leave days in any consecutive 12-month period without approval of the Civil
Service Commission and only after a declaration from the Mayor that extraordinary
circumstances exist.
(c)
Employees will not be subject to Rule VIII, Section 1.1(e) or Section 2.1(d) for the affected
period of time.
(d)
This action shall not be considered disciplinary and shall not afford any employee a right to
appeal to the Commission except as provided in Rule II, Section 4.5 of these Rules.
(e)
Employees will not be allowed to substitute paid leave for mandatory furlough time.
(f)
The appointing authority shall furnish to the employee involved a written statement of the
reasons for the furlough at least (10) days prior to the effective date.
(Section 9.1 adopted November 30, 2009, effective December 1, 2009)
9.2 When the Mayor or other Executive Authority who requested a furlough to avoid layoffs subsequently
determines that the circumstances warranting the furlough have changed, the Mayor or Appointing
Authority may take any of the following actions, subject to the availability of funds:
(a) The furlough period may be terminated prior to the proposed end date established when the
furlough period was requested and initially approved by the Commission.
114
(b) Upon approval of the Civil Service Commission, all classified employees financially impacted
by the furlough may be compensated in equal proportions, up to one hundred percent (100%)
of the amount equal to the employee’s normal hourly rate of pay times the total reduction in
the employee’s number of regular work hours as a result of the furlough.
(c) No employee shall receive any monetary compensation that exceeds their normal rate of pay
at the time of the furlough; nor shall any employee receive more compensation than they
would have received had the furlough not occurred. An employee’s normal rate of pay shall
not include overtime compensation.
(Section 9.2 adopted and effective December 21, 2020)
115
RULE XIII
VETERANS PREFERENCE
(as adopted February 10, 1945, effective March 1, 1945, amended January 30, 1975, July 22, 1975
and October 9, 1975, amended December 13, 2004, effective January 1, 2005, amended February
18, 2013, effective March 1, 2013)
Section 1. VETERANS PREFERENCES AND PERSONS ELIGIBLE FOR PREFERENCES
(amended December 13, 2004, effective January 1, 2005, amended February 18, 2013,
effective March 1, 2013)
1.1
The preferences herein enumerated shall be accorded to all those eligible according to
either Article X of the State Constitution or R.S. 29. This is persons who service honorably
in the armed forces of the United States during a war declared by the United States
Congress; or who served in a peacetime campaign or expedition for which campaign
badges are authorized; or for at least ninety days after September 11, 2001 for reasons other
than training; or during war period dates or dates of armed conflicts as provided by state
law enacted by two-thirds of the elected members of each house of the legislature.
1.2
In the case of entrance tests or examinations, all persons eligible under this rule who have
attained marks on the test or examination which meet at least the minimum requirements
imposed for each test, and who have received at least the minimum rating required for
eligibility, shall have added to their earned grading an additional five (5.00) points.
1.3
Ten (10.00) point preferences in original appointments shall be accorded to:
(a)
honorably discharged veterans who served either in peace or in war and who have
one or more disabilities recognized by the Veterans Administration as service-
connected;
(b)
spouses of veterans who are in such poor physical condition as to preclude their
appointment to Civil Service jobs in their usual line of work;
(c)
unremarried surviving spouses of deceased veterans who served in a war period as
defined in this Rule or in peacetime campaigns or expeditions;
(d)
the unremarried, widowed parent of persons who died in active wartime or
peacetime service or who suffered total and permanent disabilities in active wartime
or peacetime service;
116
(e)
divorced or separated parents of persons who died in wartime or peacetime service
or who became totally and permanently disabled in wartime or peacetime service.
Only one ten (10.00) point preference shall be allowed at any one time to the persons
enumerated above, provided further that if the ten (10.00) point preference is not being
utilized by the veteran, either because of the veteran's physical or mental capacity which
precludes his or her appointment to a Civil Service job in his or her usual line of work or
because of his or her death, such preference shall be available to the spouse, unremarried
surviving spouse, or eligible parent as defined above, in the order specified, provided that
any such preferences may be given only to persons who have attained marks on the tests
which meet at least the minimum requirements imposed for each test and who have
received at least the minimum rating required for eligibility.
1.4
All persons described in this Rule who become eligible for certification shall be placed on
the eligible lists and be eligible for appointment in the order and on the basis of the
percentage attained by them in examinations or tests, after such credit of five (5.00) or ten
(10.00) points, as the case may be, has been added.
1.5
Proof of eligibility for the preferences provided for herein shall be furnished to the
Commission or the proper representative of the Commission, by submission of the person
claiming preference of the separation papers showing inclusive dates of active duty granted
to the veteran by or through whom preference is claimed, or a properly certified copy of
such separation papers, or whatever other necessary proofs are required and, in the case of
a disabled veteran, additionally of a current certificate from the Veterans Administration of
the United States showing service-connected disability to exist.
117
RULE XIV
POLITICAL ACTIVITY
(adopted May 18, 1983, effective May 18, 1983)
Section 1. PROHIBITIONS
1.1
No member of the Civil Service Commission and no employee in the classified service
shall:
(a)
be a candidate for nomination or election to public office.
(b)
be a member of any national, state or local committee of a political party or faction.
(c)
make or solicit contributions for any political party, faction or candidate.
(d)
take active part in the management of the affairs of a political party, faction,
candidate or any political campaign.
(e)
directly or indirectly pay, or promise to pay, any assessment, subscription, or
contribution for any political organization or purpose, or solicit or take any part in
soliciting any such assessment, subscription or contribution.
1.2
No person shall:
(a)
solicit any such assessment, subscription or contribution of any employee in the
classified service.
(b)
be appointed or promoted to, or demoted or dismissed from, any position in the
classified service, or in any way favored or discriminated against with respect to
employment in the classified service because of his political or religious opinions or
affiliations.
(c)
seek or attempt to use any political endorsement in connection with any
appointment to a position in the classified service.
(d)
use or promise to use, directly or indirectly, any official authority or influence,
whether possessed or anticipated, to secure or attempt to secure for any person an
appointment or advantage in appointment to a position in the classified service, or
an increase in pay or other advantage in employment in any such position, for the
purpose of influencing the vote or political action of any person, or for any
consideration.
1.3
No person elected to public office shall, during the term for which he was elected, be
appointed to any position in the classified service.
118
1.4
No person shall use, imply or attempt to use his position, whether elective or appointive, in
the Federal, State or City services to punish, coerce, intimidate or otherwise influence the
conduct of classified employees for political purposes.
Section 2. POLITICAL ACTIVITY
2.1
Political activity means an effort to support or oppose the election of a candidate for
political office or to support a particular political party in an election.
2.2
Conduct prohibited to classified employees and Commissioners by this Rule includes any
public political statement, whether verbal or written, any public political overture or
demonstration or any connection with public representation or reproduction having
political significance including, but not limited to, badges, emblems, posters, stickers, etc.,
which may or may not feature insignia, logos or the like having political characteristics
easily discernible or identifiable with political parties, factions, candidates or office
holders.
2.3
Conduct and activities prohibited by this Rule extend to classified employees irrespective
of whether the individual is:
(a)
on the job or away from it.
(b)
on any type of paid leave status.
(c)
on any type of unpaid leave status.
(d)
on suspension from the job.
Section 3. PERMISSIBLE ACTIVITY
3.1
Members of the Civil Service Commission and classified employees may:
(a)
exercise the right of any citizen to express political views or opinions privately
(b)
serve as a commissioner or official watcher at the polls
(c)
support issues involving bonded indebtedness, tax referenda, or amendments to the
Constitution
(d)
vote.
Section 4. PENALTIES
4.1 The Civil Service Commission or any appointing authority may take appropriate
disciplinary action as enumerated in Rule IX of the Commission's Rules, or Article X,
Section 11 of the Constitution of Louisiana for any violation of this Rule.