Printable PDF of HR Handbook – Chapter 4
The state constitution defines the “state civil service” as everyone employed by a state agency or by a joint state/federal or state/local agency, “regardless of the source of funds used to pay for such employment.” The only exception is commissioned State Police officers, who are in a separate civil service system.
The constitution divides the state civil service into “classified” and “unclassified” employees and states that “Persons not included in the unclassified service are in the classified service.” The constitution designates certain specific categories of employees as unclassified and gives the State Civil Service Commission the authority to designate other positions as unclassified as it deems appropriate.
In Chapter 4, the Commission reiterates the provisions of the constitution, listing those groups of employees who are constitutionally unclassified, and also delegates to the Director the authority to place temporary positions in the unclassified service.
Classified positions and the employees who serve in them are subject to the provisions of the Civil Service Rules. This means that classified employees:
Whereas unclassified employees:
Positions that are designated as unclassified by the state constitution are not subject to the hiring and compensation standards set by State Civil Service, although they may have qualification requirements and pay limits set by state statutes. When the Commission or the Director designates a position as unclassified, they may choose to set parameters regarding qualifications or compensation as a condition of their approval of the position. However, anyone appointed to a management level position that has been designated by the Commission as unclassified must at least meet the minimum qualification standards defined in La. R.S. 42:67.1, which are: a bachelor’s degree (or four years related experience) plus three years responsible managerial experience. (The Commission may add additional requirements.)
The Civil Service Rules govern all departments and individuals who are subject to Article X of the state constitution. This includes all state departments, agencies, offices and facilities. Some examples of these are:
Anyone employed by or holding an office or position of trust with such an agency must comply with Civil Service Rules.
This rule restates the constitutional provision that any employee or position not specifically placed in the unclassified service, either by the state constitution or by the authority of the Commission or the Director, is in the classified service. This means that whenever an agency chooses to fill a position not designated as unclassified by the state constitution or previous Commission/Director action, that position must be classified unless special permission is granted for it to be unclassified.
Article X Section 2 of the 1974 state Constitution specifically provides that positions are in the classified service unless the position is one of the numerated positions listed in the Constitution. Since the State Civil Service Commission's (and the Director as to temporary positions) authority to add to the unclassified service is exclusive, the Louisiana Legislature cannot do so. However, the Legislature can add to the classified service. For example, housing authorities are in the classified service in accordance with La. R.S. 40:539(C)(8)(a). Since a housing authority is an entity of local government, they would not otherwise be in the classified service under the state constitution.
NOTE: There is always the potential for legislation to be passed each fiscal year creating new entities by statute or referring to positions being in the unclassified service. Since only the State Civil Service Commission can add to the unclassified service, agencies must request Commission approval authority for those positions that may result from new legislation, although the Director can approve the inclusion of temporary positions in the unclassified service.
This rule lists in numbered subsections, the positions that are placed in the unclassified service by the state constitution.
NOTE: A “bona fide student” is someone enrolled full-time at an accredited state high school, technical or community college, or university, or enrolled in an official work-study program. Additionally, Type 5 Charter Schools are not defined as state schools, so their employees do not receive benefits of state service (leave earning, etc.) like regular state employees. The Recovery School District (RSD) is an entity of the state and not a “charter school.” SCS has determined that certain staff of the RSD are unclassified in accordance with Civil Service Rule 4.1(c)8 while all other staff are in the classified service.
This rule describes the authority the Commission has delegated to the Director to grant or revoke unclassified status to certain positions and the authority retained by the Commission to grant or revoke unclassified status to positions.
Unlike the Director, whose authority is limited to unclassifying “temporary positions,” the Commission may unclassify any position for which it deems classified status inappropriate. As a practical matter, the specific requirement for a “recommendation of the Director” means that any request for unclassified status for a position must be fully reviewed by the Director before the Commission will take it under consideration.
Although not specifically cited in the Rule, the state legislature has established minimum qualification requirements that an individual must meet in order to be appointed to a management level position that the Commission has designated as unclassified. La. R.S. 42:67 defines a “management position” as one that:
La. R.S. 42:67.1 requires appointees to such unclassified management positions to possess:
The Commission may add to these statutory requirements for managerial level positions, and may set qualification requirements, compensation parameters or any other requirements it deems appropriate for any position that its designates as unclassified.
NOTE: Since unclassified status for a position is authorized by the Commission/Director based on the justification submitted by the requesting agency, any related changes, such as altered duties, may invalidate that authorization. If such changes occur, the agency should notify the Director so valid authorization may be maintained.
This rule was revised June 5, 2013, to remove the following specific language from the rule, “is determined to him to provide for personal services which cannot or should not be performed by a classified employee.” The removal of this language is to align with changes in Civil Service Rule 3.1(o) bringing the Civil Service Rules into compliance with the Louisiana Supreme Court decision of CIVIL SERVICE COMMISSION OF the CITY OF NEW ORLEANS v. THE CITY OF NEW ORLEANS: 854 So.2d 322,2002-1812 (La. 9/9/03).
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