Terms Used In Louisiana Revised Statutes > Title 33 > Chapter 5 > Part II - Fire and Police Civil Service Law for Municipalities Between 13,000 and 250,000

• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allocation: means the official determination of the class to which a position in the classified service belongs. See Louisiana Revised Statutes 33:2473
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Attack: means any act of terrorism, attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological or biological means, or other weapons or processes. See Louisiana Revised Statutes 49:853
• Board: means the municipal fire and police civil service board. See Louisiana Revised Statutes 33:2473
• Cholesterol screening: means determining the cholesterol level present in a person's blood by analyzing a drop of blood taken from him by means of a fingerstick sample. See Louisiana Revised Statutes 40:1213.2
• class of position: means a definitely recognized kind of employment in the classified service, designated 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. See Louisiana Revised Statutes 33:2473
• Classification plan: means all the classes of positions established for the classified service. 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
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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 affords less responsibility and pay. See Louisiana Revised Statutes 33:2473
• Department: means the Louisiana Department of Health or its successor in the role of designated state agency under Title XIX of the Social Security Act or any successor Act including but not limited to block grants for medical care of the poor. See Louisiana Revised Statutes 40:1183.3
• Department: means the Louisiana Department of Health or its successor in the role of designated state agency under Title XIX of the Social Security Act or any successor Act including but not limited to block grants or other funding for medical care of the poor. See Louisiana Revised Statutes 40:1189.3
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1193.2
• Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 40:1213.2
• Departmental service: means employment in the public services offered and performed separately by the fire and by the police departments of the municipality. See Louisiana Revised Statutes 33:2473
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Eligible: means a person whose name is on a list. See Louisiana Revised Statutes 33:2473
• Emergency interim successor: means a person designated pursuant to this chapter, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the constitution and statutes, or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office. See Louisiana Revised Statutes 49:853
• Employee: means a person legally occupying a position. See Louisiana Revised Statutes 33:2473
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal agency: means the United States government or any of its boards, departments, commissions, corporations, or agencies or any official or authorized representatives thereof. See Louisiana Revised Statutes 49:662
• Final disposition: means the burial, cremation, or other disposition of the remains of a human fetus following fetal death. See Louisiana Revised Statutes 40:1191.1
• Fingerstick sample: means a quantity of blood taken from a person by sticking his finger with a needle or lancet. See Louisiana Revised Statutes 40:1213.2
• FQHC: means a facility which is engaged in furnishing primary health services to outpatients by physicians, physician assistants or nurse practitioners, including but not limited to health services related to family medicine, internal medicine, pediatrics, obstetrics, and gynecology and such services and supplies incident thereto. See Louisiana Revised Statutes 40:1183.3
• Health care provider: means an individual, person, corporation, facility, or institution licensed by the state to provide health care or professional services as a physician, nurse, or allied health professional. See Louisiana Revised Statutes 40:1189.3
• Health facility: means a facility licensed by the Louisiana Department of Health to provide health services. See Louisiana Revised Statutes 40:1191.1
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Legal representative: means a legal guardian or a legally appointed substitute decision-maker who is authorized to act on behalf of a nursing home resident. See Louisiana Revised Statutes 40:1193.2
• list: means a reinstatement employment list, a promotional employment list, a competitive employment list, and a reemployment list. See Louisiana Revised Statutes 33:2473
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Miscarried child: means the fetal remains resulting from a spontaneous fetal death that does not require compulsory registration pursuant to the provisions of La. See Louisiana Revised Statutes 40:1191.1
• Monitoring device: means a surveillance instrument that transmits and records activity and is not connected to the facility's computer network. See Louisiana Revised Statutes 40:1193.2
• Net uncompensated costs: means the costs related to patient care incurred during a provider's fiscal year of furnishing outpatient services, net of the cost of treating Medicare patients, Medicaid payments for inpatient and outpatient services, excluding disproportionate share payments, costs associated with patients who have insurance for services provided, and payments received from uninsured patients. See Louisiana Revised Statutes 40:1183.3
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nursing home: means a nursing facility or nursing home as defined in La. See Louisiana Revised Statutes 40:1193.2
• Office: includes all state offices, the powers and duties of which are defined by the constitution and statutes, except the office of governor, and except those in the legislature and the judiciary. See Louisiana Revised Statutes 49:853
• Ombudsman: means the administrator of the office of the state long-term care ombudsman established within the office of elderly affairs by the provisions of La. See Louisiana Revised Statutes 40:1193.2
• 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
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Political subdivision: means any parish, municipality, or any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. See Louisiana Revised Statutes 49:662
• 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
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Promotion: means a change of an employee in the classified service from a position of one class to a position of a higher class which generally affords increased responsibilities and pay. See Louisiana Revised Statutes 33:2473
• promotion list: means an employment list containing the names of eligible persons established from the results of promotion tests given for a particular class of positions which is not specifically required by this Part to be established from the results of a competitive test. See Louisiana Revised Statutes 33:2473
• Promotion test: means a test for positions in a particular class which is not specifically required by this Part to be filled by competitive tests, admission to which is limited to regular employees of the next lower class, or the next lower classes when authorized by the rules, in the classified service. See Louisiana Revised Statutes 33:2473
• 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 33:2473
• Public rural hospital: means a rural hospital owned or operated by a political subdivision of the state, including but not limited to a hospital service district, parish, or municipality. See Louisiana Revised Statutes 40:1189.3
• Reasonable cost: means the cost of hospital outpatient services, including without limitation provider-based rural health clinics, utilizing Medicare cost reimbursement principles applicable to the respective rural hospital, including hospital-based rural health clinics licensed as hospital departments. See Louisiana Revised Statutes 40:1189.3
• Reemployment list: means an employment list for the entrance or lowest ranking class in the classified service, or in any group of classes as may have been grouped in the classification plan, containing names of regular employees who have been laid off under the "lay off" provisions of this Part. See Louisiana Revised Statutes 33:2473
• reinstatement list: means an employment list containing names of persons eligible for reinstatement in positions of a class from which they have been demoted for reasons other than disciplinary action. See Louisiana Revised Statutes 33:2473
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Resident: means a person who is a resident of a nursing home. See Louisiana Revised Statutes 40:1193.2
• Rural hospital: means a hospital licensed by the department which meets one of the following criteria:

              (i) Has no more than sixty hospital beds as of July 1, 1994; and

              (aa) Is located in a parish with a population of less than fifty thousand; or

              (bb) Is located in a municipality with a population of less than twenty thousand. See Louisiana Revised Statutes 40:1189.3

• Secretary: means the secretary of the Louisiana Department of Health. See Louisiana Revised Statutes 40:1213.2
• 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 33:2473

• State agency: means any board, commission, department, agency, or institution, including colleges and universities, in the executive, legislative, or judicial branch of the State, or any official or authorized representative of said agency. See Louisiana Revised Statutes 49:662
• State plan for medical assistance: means the plan promulgated by the department in accordance with its role as a designated state agency under Title XIX of the Social Security Act, or its successor plan including but not limited to block grants for medical care to the poor. See Louisiana Revised Statutes 40:1183.3
• State plan for medical assistance: means the plan promulgated by the department in accordance with its role as designated state agency under Title XIX of the Social Security Act, or its successor plan, including but not limited to any plan adopted pursuant to any federal law creating block grants or other funding for medical care of the poor. See Louisiana Revised Statutes 40:1189.3
• Summons: Another word for subpoena used by the criminal justice system.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Unavailable: means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of an office because of a vacancy and his duly authorized deputy, are absent or unable to exercise the powers and discharge the duties of the office. See Louisiana Revised Statutes 49:853
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.