Terms Used In Louisiana Revised Statutes 33:2541.1

  • Appointing authority: means any official, officer, board, commission, council or person having the power to make appointments to positions in the municipal, parish or fire protection district fire service. See Louisiana Revised Statutes 33:2533
  • 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 33:2533
  • Board: means the municipal, parish, or fire protection district fire and police civil service board. See Louisiana Revised Statutes 33:2533
  • Classified service: means every appointive office and position of trust or employment in the municipal government, parish government, or fire protection district 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 33:2533
  • Demotion: means a change of an employee in the classified service from a position of one class to a position of a lower class which generally involves less responsibility and provides less pay. See Louisiana Revised Statutes 33:2533
  • Eligible: means a person whose name is on a list. See Louisiana Revised Statutes 33:2533
  • Employee: means a person legally occupying a position. See Louisiana Revised Statutes 33:2533
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Position: means any office or employment in the municipal, parish or fire protection district, fire or police service, the duties of which call for services to be rendered by one person. See Louisiana Revised Statutes 33:2533
  • Promotional seniority: means the total cumulative employment in a class of positions of the next lower class from which a promotion is to be made. See Louisiana Revised Statutes 33:2533
  • Seniority: means the following:

                (a) "Departmental seniority" means the total employment computed for an employee beginning with the last date on which he was regularly and permanently appointed and has worked continuously, to and including the date of computation. See Louisiana Revised Statutes 33:2533

            A. Notwithstanding any other provision of law to the contrary, the governing authority may create, by ordinance, the position of deputy chief of police in accordance with the provisions of this Section. The position shall be filled on a competitive basis from a list of eligibles as provided for in La. Rev. Stat. 33:2551(4), and the right of selection, appointment, supervision, and discharge for such position shall be vested in the chief of police, subject to approval of the appointing authority. In addition, the governing authority shall establish the duties and responsibilities of the deputy chief of police in the ordinance creating the position. Such duties and responsibilities may include direct supervision over all positions in the classified service below the rank of chief of police. The position of deputy chief of police is not the same as the position of assistant chief of police which is in the classified police service pursuant to this Part.

            B.(1)(a) The deputy chief of police shall have not less than eight years of full-time law enforcement experience and shall at least hold the rank of sergeant in the classified police service at the time of his appointment.

            (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, in the city of Jennings, the qualifications for the position of deputy chief of police shall be not less than five years of full-time law enforcement experience.

            (c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, in the city of St. Martinville, the qualifications for the position of deputy chief of police shall be not less than five years of full-time law enforcement experience.

            (d) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, in the city of Oakdale, the deputy chief of police shall have not less than three years of full-time law enforcement experience and shall have successfully completed a certified training program approved by the Council on Peace Officer Standards and Training.

            (2) Any person who holds the position of deputy chief of police may, while holding such position, apply for admission to the promotional examination for the class next higher than that from which he was appointed as deputy chief of police. However, the name and score of any deputy chief of police shall not be certified to the appointing authority by the civil service board as eligible for appointment to a position of the promotional class, and his name and score shall be eligible for certification, in accordance with the maximum period for which a name may remain on the eligibility list in accordance with the provisions of this Part, only upon demotion to a position of the class from which he was appointed as deputy chief of police.

            (3) Eligibility for admission to the competitive test for deputy chief of police shall be limited to members of the same department as the chief of police at the time of appointment.

            C.(1)(a) Any person who is appointed from a position in the classified police service to serve as deputy chief of police shall not forfeit his departmental or promotional seniority accumulated to the date of his appointment, and he shall continue to accumulate departmental or promotional seniority in accordance with the provisions of this Part during the time he holds the position of deputy chief of police.

            (b)(i) The deputy chief of police shall serve indefinitely in the classified competitive position and shall be evaluated every three years by the chief of police. After each evaluation by the chief of police, the chief may reconfirm the deputy chief for another three-year period, or may, at his discretion, demote the deputy chief to his former class of positions.

            (ii) Notwithstanding the provisions of Item (i) of this Subparagraph, in the city of Oakdale, the deputy chief of police shall serve indefinitely in the classified competitive position and shall be evaluated every year by the chief of police. After each evaluation by the chief of police, the chief may reconfirm the deputy chief for another one-year period, or may, at his discretion, demote the deputy chief to his former class of positions.

            (2) If any such person is demoted as the result of such evaluation, or otherwise vacates the position on the approval of the chief of police, he shall be demoted to a position in the class he held immediately preceding his appointment as deputy chief of police. If a deputy chief of police is subjected to corrective or disciplinary action, he shall have the same rights as any other employee in the municipal fire and police civil service.

            Acts 2010, No. 748, §1, eff. June 29, 2010; Acts 2011, No. 40, §1; Acts 2014, No. 583, §1, eff. June 9, 2014; Acts 2016, No. 285, §1; Acts 2019, No. 24, §1, eff. May 30, 2019; Acts 2021, No. 274, §1.

NOTE: See Acts 2010, No. 748, §§2 and 3, regarding effect and applicability of this Section.