Louisiana Revised Statutes 33:2495 – A. Every person appointed to a position in the classified service following the certification of his name from a promotional or a competitive employment list, except as provided in R
Terms Used In Louisiana Revised Statutes 33:2495
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appointing authority: means any official, officer, board, commission, council, or person having the power to make appointments to positions in the municipal fire and police services. See Louisiana Revised Statutes 33:2473
- Appointment: means the designation of a person, by due authority, to become an employee in a position, and his induction into employment in the position. See Louisiana Revised Statutes 33:2473
- Board: means the municipal fire and police civil service board. See Louisiana Revised Statutes 33:2473
- Classified service: means every appointive office and position of trust or employment in the municipal government which has as its primary duty one of the functions specifically set forth to be included in the classified service by the provisions of this Part; and excludes all elective and appointive offices and positions of trust or employment which have a primary duty specifically set forth to be included in the unclassified service by the provisions of this Part. See Louisiana Revised Statutes 33:2473
- Continuance: Putting off of a hearing ot trial until a later time.
- Employee: means a person legally occupying a position. See Louisiana Revised Statutes 33:2473
- Fraud: Intentional deception resulting in injury to another.
- list: means a reinstatement employment list, a promotional employment list, a competitive employment list, and a reemployment list. See Louisiana Revised Statutes 33:2473
- permanent employee: means an employee who has been appointed to a position in the classified service in accordance with this Part after completing his working test period. See Louisiana Revised Statutes 33:2473
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Position: means any office and employment in the municipal fire and police services, the duties of which call for services to be rendered by one person. See Louisiana Revised Statutes 33:2473
A. Every person appointed to a position in the classified service following the certification of his name from a promotional or a competitive employment list, except as provided in La. Rev. Stat. 33:2495.1 and except those appointed on a temporary basis, shall be reported to the board as a probational employee within fifteen days of his appointment. The probational employee shall be tested by a working test while occupying the position before he may be confirmed as a regular and permanent employee in the position.
B.(1) Except as provided in La. Rev. Stat. 33:2495.1, the period of the working test shall commence immediately upon appointment and shall continue for a period of not less than six months nor more than one year.
(2)(a) Any probational employee in the classified fire service, except an entry level fireman and an entry level radio, fire alarm, or signal system operator, who has served less than six months of his working test for any given position may be removed therefrom only with the prior approval of the board, and only upon one of the following grounds:
(i) He is unable or unwilling to perform satisfactorily the duties of the position to which he has been appointed.
(ii) His habits and dependability do not merit his continuance therein.
(b) Any such probational employee in the classified fire service may appear before the board and present his case before he is removed.
(c) Any such probational employee in the classified fire service who is rejected after having served a working test of six months but not more than one year may appeal to the board only upon the grounds that he has not been given a fair opportunity to prove his ability in the position.
(3)(a) Any probational employee in a position of a competitive class of the classified police service, except an entry level police officer, and an entry level radio, police alarm, or signal system operator, who has served less than six months of his working test for any given position may be removed therefrom only with the prior approval of the board. Any probational employee in a position of a promotional class of the classified police service, who has served less than three months of his working test for any given position may be removed therefrom only with the prior approval of the board. Any such probational employee may be removed only upon one of the following grounds:
(i) He is unable or unwilling to perform satisfactorily the duties of the position to which he has been appointed.
(ii) His habits and dependability do not merit his continuance therein.
(b) Any such probational employee in the classified police service may appear before the board and present his case before he is removed.
(c) Any such probational employee in the classified police service appointed to a position of a competitive class who is rejected after having served a working test of six months but not more than one year may appeal to the board only upon the grounds that he has not been given a fair opportunity to prove his ability in the position.
(d) Any such probational employee in the classified police service appointed to a position of a promotional class who is rejected after having served a working test of three months but not more than one year may appeal to the board only upon the grounds that he has not been given a fair opportunity to prove his ability in the position.
C. Upon any employee completing his working test, the appointing authority shall so advise the board and furnish a signed statement to the respective employee of its confirmation and acceptance of the employee as a regular and permanent employee in the respective position or of its refusal to confirm the employee and the reasons therefor. If, at the expiration of an employee’s working test period, the appointing authority fails to confirm or reject the employee, such failure to act shall constitute a confirmation.
D. The appointing authority may remove, and shall remove upon the order of the board, any employee during his working test period who the board finds, after giving him notice and an opportunity to be heard, was appointed as a result of an error, misrepresentation, or fraud.
E. In any event where an employee is permitted under this Section to appeal to the board, the decision of the board shall be subject to the judicial review provided by this Part and the appointing authority and employee shall be governed accordingly.
F. Any employee appointed in accordance with La. Rev. Stat. 33:2494, who has commenced a working test shall have the working test considered interrupted by any absence greater than thirty consecutive days. The working test, even if interrupted, shall not be more than the aggregate period of one year.
Acts 1997, No. 1391, §1, eff. July 15, 1997; Acts 1999, No. 1139, §1; Acts 2003, No. 708, §1, eff. July 1, 2003; Acts 2005, No. 197, §1, eff. Aug. 1, 2005; Acts 2013, No. 331, §1; Acts 2016, No. 552, §2.