SECTION 9.01
System for Policemen and Firemen

Appointments, transfers, promotion, demotions, removals, and all other matters relating to the management of personnel in and for the Fire Department and Police Department shall be subject to the general laws of the state applicable to the City of Baton Rouge; provided that wherever in such laws the term Mayor is used it shall be interpreted to mean Mayor-President as far as the application of such laws to the City of Baton Rouge is concerned.

SECTION 9.02
Parish and City Personnel Service System

There shall be a Parish and City Personnel Civil Service System, as provided in this Chapter, for all departments, offices and agencies, except the Police and Fire Departments, supported by appropriations made by the Metropolitan Council, and all other Parish offices and boards to which the provisions of this Chapter are constitutionally applicable. For the management and operation of the Parish and City Personnel Civil Service System there shall be a Personnel Administrator appointed by the Mayor-President for an indefinite term, and a Personnel Board of five members appointed for terms of four years. Two members of the board shall always be members of the Classified Service, one elected from the Department of Public Works employees and one elected by the non-Department of Public Works employees. Two members shall always be appointed by the Council and one by the Mayor-President who shall be known to be in agreement with the Civil Service system and shall not hold or be a candidate for any other public office or position. (As amended October 6, 1990. Changed from a three member board to a five member board.) (As amended September 30, 2006. Changed from a three year term to a four year term.) (As amended October 20, 2007)

SECTION 9.03
Personnel Administrator - Powers and Duties

The Personnel Administrator shall have power and be required to:

(a)  Prepare and recommend to the Personnel Board and Metropolitan Council rules to carry out the provisions of this Chapter and any other ordinances or resolutions approved by the Metropolitan Council. (As amended October 20, 2007)

(b) Conduct open competitive examinations for all original appointments and, for promotions, in the Classified Service; provided that in formulating examinations the Personnel Administrator shall consult with the officers having the power of appointment, as to their personnel requirements. (As amended October 20, 2007)

(c) Restrict, in accordance with such rules, eligibility to take such examinations, to persons reasonably qualified, by education, experience, age, and physical condition, to perform their respective duties.

(d) Maintain eligible lists based on such examinations for each class of position in the Classified Service, and whenever a vacancy is to be filled certify the names of the top three grade groups standing highest on the eligible list applicable to the position concerned. If there are on such eligible list less than three grade groups it shall be the duty of the Personnel Administrator to give notice of and hold an examination for the recruitment of such list, and if after such notice and examination there still are fewer than three grade groups on such eligible list the Personnel Administrator shall certify all such names. No appointment shall be made except from an eligible list so certified by the Personnel Administrator except as provided in the following subsection; provided that the Personnel Administrator, with the approval of the Personnel Board, may enter into agreements with other public personnel departments or agencies for the joint administration of examinations and the joint use of eligible lists. (As amended October 20, 2007)

(e) Authorize in writing temporary appointments to vacancies in positions for which there is no eligible list provided that no such temporary appointment shall be for a longer period than three months and shall not be subject to renewal.

(f) Prepare and recommend to the Mayor-President a classification plan covering all positions in the Classified Service. (As amended October 20, 2007)

(g) Prepare and submit to the Mayor-President separate pay plans covering the members of the Classified Service whose compensation is provided from appropriations by the Council.

(h) Maintain a roster of all persons in the Classified Service in which there shall be set forth as to each such person: (1) the class title of the position held; (2) the salary of pay; (3) any changes in class title, pay or status; and (4) such other data as may be deemed desirable or useful.

(i) Certify all payrolls for persons in the Classified Service and no payment for personal services to any person in the Classified Service shall be made unless the payroll voucher bears the certificate of the Personnel Administrator that the persons mentioned therein have been appointed and employed in accordance with the provisions of this Chapter.

(j) Direct and enforce the maintenance by all departments, offices and agencies in which members of the Classified Service are employed, of such personnel records and service ratings of members of the Classified Service as it shall prescribe.

(k) Organize plans for the recruitment of trained personnel for the service of the Parish and City, and promote a systematic program of in-service training for members of the Classified Service to qualify them for advancement.

(l) Investigate any or all matters relating to conditions of employment in all departments, offices and agencies in which members of the Classified Service are employed, and make an annual report to the Mayor-President and the Metropolitan Council. (As amended October 20, 2007)

SECTION 9.04
Personnel Board - Powers and Duties

The Personnel Board shall have power and be required to:

(a) Adopt and amend, on the recommendation of the Personnel Administrator, rules consistent with this Plan of Government and the ordinances of the Metropolitan Council, for the purpose of carrying out the provisions of this Chapter. Among other things they shall provide for the method of holding competitive examinations; the method of certifying eligibles for appointment; the establishment, maintenance, consolidation and cancellation of eligible lists; methods of promotion and the application of service ratings thereto; probationary periods of employment; the transfer of employees within the Classification Plan; hours of work, vacations, sick leaves, and other leaves of absence, overtime pay; the order and manner in which layoffs shall be effected, and suspensions and dismissals and appeals therefrom; and such other rules as may be necessary to provide an adequate and systematic procedure for handling the personnel affairs of the Parish and City. (As amended October 20, 2007)

(b) Hear appeals from members of the Classified Service affected by the classification, reclassification, and allocation of positions, and also hear appeals from any disciplinary action suspending, reducing in rank or pay, or removing any member of the Classified Service as hereinafter provided. (As amended October 20, 2007)

(c) Make recommendations to the Personnel Administrator to Investigate any or all matters relating to conditions of employment in all departments, offices and agencies in which members of the Classified Service are employed, and make at least annually a report of its findings to the Council. (As amended October 20, 2007)

SECTION 9.05
Classified and Unclassified Services

The service of all departments, offices, and agencies, except the Police and Fire Departments, supported by appropriations made by the Metropolitan Council, shall be divided into the Unclassified and the Classified Services.

The Unclassified Service shall comprise: (a) officers elected by the people and persons appointed to fill vacancies in elective offices; (b) persons appointed by the Metropolitan Council and the Mayor-President; (c) the heads of departments appointed by the Mayor-President or the Metropolitan Council, the Chief Executive Officer of each board and commission appointed by the Council, and not more than one assistant and confidential secretary to the Mayor-President and each head of a department; (d) the Clerk of the City Court/Judicial Administrator; (e) Assistant Parish attorneys; (f) persons employed in a professional or scientific capacity to make or conduct a temporary or special inquiry, investigation or examination, including special counsel. (As amended October 20, 2007)

The Classified Service shall comprise all positions included in the Parish and City Personnel Civil Service System as defined in Section 9.02 not specifically included by this Section in the Unclassified Service. All appointments and promotions in the Classified Service shall be made as provided in Section 9.03. No member of the Classified Service shall be suspended for more than thirty days, reduced in rank or pay, or removed, except after notice in writing of the grounds of the proposed disciplinary action and an opportunity to be heard thereon by the Personnel Board at a hearing which may be public at his option, and at which he may be represented by counsel, to be held not less than ten nor more than sixty days after the service of such notice at a time to be specified therein. The decision of the Personnel Board either sustaining, reversing or modifying the disciplinary action against a Classified Service member may be appealed by such Classified Service member or the applicable department head to the Nineteenth Judicial District Court within sixty (60) calendar days from the appealing party’s receipt of notice of the Personnel Board’s decision.

At all such hearings, and as otherwise required for the purpose of the administration of the provisions of this Chapter and of the rules and regulations of the Personnel Board, the Personnel Administrator shall have the power to make services and to administer oaths, for disobedience of which the penalties prescribed in Section 9.11 shall apply. (As amended November 3, 1964) (As amended October 20, 2007)

In addition to the classified and unclassified service, with the approval of the Metropolitan Council, the Mayor-President may exercise the power to contract with individuals, on behalf of the City of Baton Rouge and Parish of East Baton Rouge, for services that are temporary, part-time, or seasonal in nature or with persons employed in a scientific or professional capacity for temporary or special inquiry, investigation or examination, including special counsel. (As amended October 20, 2007)

SECTION 9.06
Classification Plan

The Personnel Administrator first appointed shall, as soon as practicable after his appointment, prepare and submit to the Personnel Board a Classification Plan for all positions in the Classified Service, according to similarity of authority, duties and responsibilities. The Personnel Board shall hold a public hearing thereon at least ten days' notice of which shall be given by publication in the official journal of the Parish, and within thirty days after the submission of the plan by the Personnel Administrator it shall reject or adopt the same with or without modification. Changes in the classification Plan may thereafter be recommended from time to time by the Personnel Administrator. The Personnel Administrator shall submit those recommendations to the Personnel Board for their review and recommendations. The recommendations of the Personnel Administrator and Personnel Board shall be submitted to the Mayor-President. Thereafter, the Mayor-President shall propose a Classification Plan to the Metropolitan Council for adoption. After the adoption of the Classification Plan the class titles set forth therein shall be used to designate such positions in all official records, documents, vouchers and communications, and no person shall be appointed to or employed in a position not in the adopted Classified Plan. Employees affected by the allocation or reallocation of a position to a class or by any change in the Classification Plan shall be afforded an opportunity to be heard thereon by the Personnel Board after filing with the Personnel Administrator a request for such hearing. (As amended October 20, 2007)

SECTION 9.07
Pay Plans

The Personnel Administrator shall prepare and recommend to the Mayor-President, separate Pay Plans which shall be transmitted by the Mayor-President with his recommendations to the Metropolitan Council. Each such Pay Plan shall consist of a salary range for each class of position in the Classification Plan, which shall provide for regular increases within each such range, to be earned by length of service and satisfactory service ratings. Each such range shall be determined with due regard to the salary ranges for other classes and to the relative difficulty and responsibility of characteristic duties of positions in the class, the minimum qualifications required, the prevailing rate paid for similar employment outside the service of local government, and any other factors that may properly be considered to have a bearing on the fairness and adequacy of the range. The Council shall have power to adopt the Pay Plans, with or without modification. When so adopted each Pay Plan shall remain in effect until amended by the Council. When a Pay Plan has been adopted by the Council, the Council shall not increase or decrease the salaries of individual members of the Classified Service but shall act in fixing the salaries of members of the Classified Service only by amendment of the Pay Plan. (As amended October 20, 2007)

SECTION 9.08
Promotions

Vacancies in higher positions in the Classified Service shall, as far as practicable, be filled by promotion from lower classes upon the basis of competitive examinations including a consideration of service ratings; provided that in case the Personnel Administrator so determines, with the approval of the Mayor-President, such position shall be filled by competitive examination open not only to persons in the Classified Service but also to all other qualified persons. The provisions of Subsection (d) of Section 9.03 relating to eligible lists, shall be applicable to filling vacancies under this Section.

SECTION 9.09
Status of Present Employees

All regular full-time employees of the City of Baton Rouge and East Baton Rouge Parish at the effective date of this Plan of Government, except policemen and firemen, shall be given preference over all other applicants in the determination of eligible lists for appointment to positions in the Classified Service as defined in Section 9.05; provided that they possess the qualifications as to education, age, and physical condition, required by the Personnel Board for the admission of candidates to competitive examination for the class of position concerned.

SECTION 9.10
Prohibited Practices

No person in the Classified Service or seeking admission thereto shall be appointed, promoted, reduced, removed, or in any way favored or discriminated against because of his political or religious opinions or affiliations. No person shall willfully or corruptly make any false statement, certificate, mark rating or report in regard to any test, certification, promotion, reduction, removal or appointment held or made under the provisions of this Chapter, or in any manner commit or attempt to commit any fraud preventing the impartial execution thereof or of the rules and regulations made in accordance therewith. No officer or employee in the Classified Service shall continue in such position after becoming a candidate for election to any public office. No person shall either directly or indirectly pay, render or give any money, service or other valuable thing to any person for or on account of or in connection with any test, appointment, promotion, reduction or removal in which he is concerned. No person shall orally, by letter, or otherwise solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding a position in the Classified Service. No person holding a position in the Classified Service shall make any contribution to the campaign funds of any political party or candidate for public office or take any part in the management, affairs or campaign of any political party or candidate further than in the exercise of his rights as a citizen to express his opinion and to cast his vote. Any person who by himself or with others willfully or corruptly violates any of the provisions of this Section shall upon conviction thereof be punished by a fine of not more than five hundred dollars or by imprisonment for a term not exceeding six months or by both. Any person who is convicted under this Section shall for a period of five years be ineligible for appointment to or employment in a position in the service of the Parish, the City, or any District of which the Metropolitan Council is the governing body, and shall, if he be an officer or employee of any of the above, immediately forfeit the office or position he holds.

SECTION 9.11
Power of Personnel Board to Subpoena and Administer Oaths

For the purpose of the administration of the provisions of this Chapter each member of the Personnel Board shall have the power to administer oaths and the board may by majority vote compel the attendance of witnesses and the production of books and papers. Any person disobeying such order of the Personnel Board shall be subject to a fine of not more than one hundred dollars or imprisonment for not more than sixty days or both. (As amended October 20, 2007)

SECTION 9.12
Veterans' Preference

Any person who has served in the Army, Navy, Marine Corps, Coast Guard or Air Corps of the United States and has been honorably discharged therefrom shall be entitled to have added to his rating in any examination held under the provisions of this Chapter ten points on a scale of one hundred if he is eligible for or actually receiving disability compensation, pension, or other benefits from the United States, or five points on a scale of one hundred is he is not so eligible, provided that he shall be within the age limit specified for appointment to the position or class of position for which the examination is held, is physically capable of performing the duties of such position, and attains in the examination without such added points the minimum rating prescribed for passage of such examination. (As amended February 1, 1972)

SECTION 9.13
Financing Personnel System

The cost of the Parish and City Personnel Civil Service System shall be included in the Parish Budget. (As amended October 20, 2007)

SECTION 9.14
Applicability of General State Law

If at any time a general state law providing a Personnel System for city employees becomes applicable to the City of Baton Rouge, the provisions of such Personnel System shall be applied to the employees of all departments, offices and agencies supported by appropriations made by the Metropolitan Council as fully as if such employees were employees of the City of Baton Rouge; provided that the Unclassified Service of the Parish shall include all elective officers of the Parish, all persons appointed by the Metropolitan Council or the Mayor-President, the heads of departments appointed by the Mayor- President and the Metropolitan Council, the Chief Executive Officer of each board and commission, one assistant, and one confidential secretary for each head of a department, the Clerk of the City Court/Judicial Administrator, and Assistant Parish Attorneys. (As amended October 20, 2007)

SECTION 9.15
Pensions

The Parish and City are hereby authorized to establish and maintain, by ordinances and amendments thereto, a Retirement System for all permanent full-time employees of the Parish, the City, and of those agencies and instrumentalities of the Parish and City as may be designated by the Council. Such ordinances and the amendments thereto shall provide for funding of the Retirement System by means of contributions to a Pension Trust designated by the Council, which contributions shall be made jointly by the Parish, the City, the designated agencies and instrumentalities of the Parish and City, and by all employees required to enroll as members of the Retirement System. The contributions required in such ordinances and the amendments thereto shall be in an amount sufficient to establish an actuarially sound reserve from which pensions shall be paid. The Council shall annually appropriate such additional funds as may be required to maintain the Retirement System on an actuarially sound basis. Such ordinances and the amendments thereto shall establish criteria for membership and vesting in the Retirement System, and shall provide for the accrual, form, and payment of benefits. Such ordinances and the amendments thereto shall provide further both for the administration of the Retirement System and for the creation of a Retirement Board. The Retirement Board shall administer the Retirement System as fiduciaries, and shall have custody of and invest the assets of the Pension Trust. The Retirement Board shall be composed of seven persons, one (1) of whom shall be a member of the Retirement System employed in the City Police Department and elected by the members of the Retirement System employed as Police Civil Service employees in that Department; one (1) of whom shall be a member of the Retirement System employed in the City Fire Department and elected by the members of the Retirement System employed as Fire Civil Service employees in that Department; two (2) of whom shall be members of the Retirement System employed other than as Police and Fire Civil Service employees, and elected by the members of the Retirement System employed other than as Police and Fire Civil Service employees; one (1) of whom shall be appointed by the Mayor-President; and the remaining two (2) of whom shall be appointed by the Council. In the event that all eligible employees of the City Police Department are enrolled into the Municipal Police Employees’ Retirement System of Louisiana, the position on the Retirement Board reserved to a Retirement System member employed in that Department shall be revoked, and the position shall be thereafter occupied by a member of the Retirement System employed other than in the Municipal Fire and Police Civil Service of the City Police and Fire Departments, and duly elected by the members of the Retirement System likewise employed other than in the Municipal Fire and Police Civil Service of those Departments. Similarly, in the event that all eligible employees of the City Fire Department are enrolled into the Firefighters’ Retirement System of Louisiana, the position on the Retirement Board reserved to a Retirement System member employed in that Department shall also be revoked, and the position shall also be thereafter occupied by a member of the Retirement System employed other than in the Municipal Fire and Police Civil Service of the City Police and Fire Departments, and duly elected by the members of the Retirement System likewise employed other than in the Municipal Fire and Police Civil Service of those Departments. The Retirement System established pursuant to this System shall constitute the Employees’ Retirement System for the City of Baton Rouge and the Parish of East Baton Rouge, a governmental plan qualified under the Internal Revenue Code. The Council shall take no action, by ordinance, contract, resolution or otherwise, which would adversely affect the tax-qualified status of the Retirement System. The pension rights and benefits of employees enrolled as members of the Retirement System shall be determined in accordance with the provisions of the Plan of Government, together with the provisions of the retirement ordinances enacted under the authority of this Section, that are in effect on the date that such employees enrolled as members of the Retirement System. The Council shall not diminish or impair those rights and benefits in any way, nor shall the Council impair or diminish in any way increases in those benefits or additions to those rights made during the tenure of a member’s employment. Subject only to this constraint, the Parish and City may, at any time, by ordinances or amendments thereto: (a) amend, revise or otherwise alter the retirement ordinances for the purpose of defining the pension rights and benefits of persons not yet enrolled as members of the Retirement System; and (b) enroll any or all eligible police and/or fire employees into the Municipal Police Employees’ Retirement System of Louisiana and/or the Firefighters’ Retirement System of Louisiana. (As amended on November 3, 1998)