Chapter 2: Civil Service Commission — powers, public meetings, procedures for adopting and amending the rules, etc.

(a) The members of the Commission shall meet and organize by electing one of its members Chairman and one of its members Vice-Chairman. In case of a vacancy in either office, the Commission shall elect a replacement from among its members.

(b) The Chairman and Vice-Chairman shall be elected at the first meeting held following December 31 of each year.

The Commission shall meet at such time and place as may be fixed by the Commission, the Chairman, or the Director. Notice of each meeting shall be given to all members of the Commission

The Commission shall not be bound by rules of order, evidence, or procedure in its meetings, hearings, or investigations except such as it may itself establish.

(a) All meetings and hearings of the Commission shall be open to the public except executive sessions.

(b) The Commission may hold an executive session upon an affirmative vote of two-thirds of its members present, taken at an open meeting for which notice has been given pursuant to Rule 2.5. No final or binding action shall be taken during an executive session except as provided herein.

(c) The Commission may hold an executive session for one or more of the following reasons:

1. Discussion of the character, professional competence, or physical or mental health of a person, provided that such person may require that such discussion be held at an open meeting.
2. Strategy sessions or negotiations with respect to collective bargaining, prospective litigation after formal written demand, or litigation when an open meeting would have a detrimental effect on the bargaining or litigating position of the Commission.
3. Discussion regarding the report, development, or course of action regarding security personnel, plans or devices.
4. Investigative proceedings regarding allegations of misconduct.
5. Cases of extraordinary emergency, which shall be limited to natural disaster, threat of epidemic, civil disturbances or other matters of similar magnitude.
6. Discussion of any matter deemed confidential by these Rules, or state or federal law or Regulation.
7. Consideration and discussion of the merits of any appeal and applications for review filed pursuant to these Rules. Final and binding action may be taken during an executive session held to discuss and decide these matters.

(a) The Commission shall give written public notice of any regular, special, or rescheduled meeting no later than 24 hours before that meeting.

(b) Written public notice shall include the agenda, date, time, and place of the meeting, provided that upon the approval of two-thirds of the members present at a meeting of the Commission, the Commission may take up a matter not on the agenda.

(c) In cases of extraordinary emergency, such notices shall not be required; however, the Commission shall give such notice of the meeting as it deems appropriate and circumstances permit.

(d) Written public notice shall be given by:

1. Posting a copy of the notice at the office of the director and in a publicly accessible area of the building where the meeting will take place no less than 24 hours before the meeting;
2. Posting a copy of the notice on the Department of State Civil Service’s official website no less than 24 hours before the meeting; and
3. Mailing (or e-mailing upon request) a copy of the notice to any member of the news media who requests notice of meetings of the Commission no less than 24 hours before the meeting.

(a) Four (4) members of the Commission shall constitute a quorum for the transaction of business.

(b) During a declaration of emergency in the State of Louisiana, Commission members who are unable to attend a meeting of the Civil Service Commission in person due to conditions closely and directly related to the emergency may be present and participate in the meeting virtually. Except for executive session, deliberations involving Commission members participating virtually must be conducted in such a manner that all members and the public can hear and provide public comment.

(c) The concurrence of a majority of the members present shall constitute a ruling upon an item of business then before the Commission.

(d) In the event of a tie vote the Commission may, in its discretion:

1. Refer a transcript of the record of the matter under consideration to one or more absent members, who shall then vote; or
2. Continue the matter for consideration at a later meeting.

(e) Temporary absence or temporary disruption of electronic communications during the consideration of an item of business shall not disqualify a member from voting on said item.

The Director shall act as Secretary of the Commission and shall keep adequate records and minutes of its business and official actions.

The minutes of the proceedings of the Commission shall be prepared and maintained by the Director on behalf of and subject to the approval of the Commission.

The Commission is empowered:

(a) To represent the public interest in the improvement of personnel administration in the departments whose personnel practices are governed by the Article and the Civil Service Rules.

(b) To appoint, remove and discipline the Director.

(c) To conduct investigations whenever it has reason to believe the provisions of the Civil Service Article or Rules are being violated or have been violated by any person or department; and to hold public hearings when charges of such violations have been filed with it. The Commission may issue appropriate orders in any such case, in addition to those orders provided for in Subsections (k) and (l) of this Rule.

(d) To make, alter, amend and promulgate Rules as authorized by the Article and otherwise to provide for the establishment and maintenance of a Civil Service system in departments of State government.

(e) Repealed, effective January l, l975.

(f) To hear appeals from employees and others who claim their rights under these Rules and the Civil Service Article have been violated and to issue appropriate orders in such cases.

(g) Repealed, effective January 1, 1975.

(h) To review and approve or disapprove proposed state contracts for personal services, prior to their effective date, between the State and any instrumentality thereof, or between the state and any person or entity in order to determine whether such contracts will result in the involuntary displacement of classified employees, and if so, to ensure that the appointing authority has demonstrated that such contract is being let for reasons of efficiency and economy and not as a pretext for the discriminatory dismissal of classified employees.

(i) To perform such other acts as may from time to time be required of it by the Constitution or by Statute.

(j) To take such steps as may be necessary to maintain proper order and decorum during the course of its hearings and other proceedings, consistent with judicial resolution of matters coming before it for consideration.

(k) To issue orders withholding compensation from any person or entity, who, after investigation by public hearing, has been found by the Commission to be employed or paid by the State contrary to the provisions of the Constitution or the Rules adopted thereunder. Such orders may be directed to the officer having the authority to approve the payroll or assign the paycheck for such employee or entity, and the officer to whom it is directed and any other person to whom such order is directed shall make no payment of compensation or authorize the making of any such payment to such person or entity until authorized by the Commission upon penalty of personal liability for the sum so paid contrary to the order of the Commission and such other penalties as are otherwise provided by the Constitution and/or the Rules.

(l) To enforce its rules, regulations, and orders in the courts of this State by mandamus or injunction suits.

(a) The adoption, amendment or repeal of any rule shall be approved by the Commission only after a public hearing.

1. Adoption of a rule refers to the creation and approval of a new rule by the Commission.
2. Amendment of a rule refers to a substantive change to an existing rule. Amendments do not include non-substantive revisions to rules such as grammatical and spelling corrections; re-numbering; making gender references more inclusive; or updating terminology between rules to maintain consistency.
3. Repeal of a rule refers to revocation of a rule by express action of the Commission.
4. For purposes of this rule, adoption, amendment or repeal of a rule are sometimes collectively referred to as “changes”. Changes to the rules shall become effective upon approval by the Commission, unless the Commission specifically provides another effective date.

(b) At least twenty-five days prior to the adoption, amendment or repeal of any rule by the Commission, the proposed rule change and a report thereon shall be submitted to the House Committee on House and Governmental Affairs and the Senate Committee on Senate and Governmental Affairs.

(c) The report shall include:

1. A copy of the rule as it is proposed for adoption, amendment or repeal.
2. A statement whether the rule is proposed for adoption, amendment or repeal.
3. A brief summary of the content of the rule if proposed for adoption or repeal.
4. A brief summary of the change in the rule if proposed for amendment.
5. The specific citation of the law purporting to authorize the adoption, amendment or repeal of the rule, if any.
6. A statement of the circumstances which require or make advisable adoption, amendment or repeal of the rule.
7. A statement of the fiscal impact of the proposed action and if possible, a statement of the economic impact of the proposed action, both of which statements shall have been submitted to the Legislative Fiscal Office for comment.

(d) No action shall be taken by the Commission on a proposed rule change until both Committees have submitted their recommendations to the Commission concerning the proposed rule change or twenty-five days have elapsed since the required report was submitted to the Committees, whichever occurs sooner.

(e) No action shall be taken by the Commission on the proposed rule change until a notice of intent to consider the proposed rule change has been published in a General Circular electronically disseminated.

(f) If the Commission finds that an imminent peril to the public health, safety, or welfare or another emergency requires approval of a rule change without compliance with this rule, it may proceed without such compliance. Any emergency rule change approved by the Commission shall become effective on the date of approval or on a date specified by the Commission not more than sixty days from the date of approval. Such an emergency rule change shall not be effective for a period longer than one hundred twenty days, but an identical rule change may be approved in accordance with the provision of Paragraphs (b) through (e) of this Rule.

1. Within five days of approval of the emergency rule change, written notice of the change and circumstances creating the emergency shall be provided to the Governor of the State of Louisiana, and the Attorney General of Louisiana.
2. Notice of the emergency rule change shall be mailed, within five days of approval of the emergency rule change, to the House Committee on House and Governmental Affairs and the Senate Committee on Senate and Governmental Affairs.
3. As soon as practicable after its approval, the emergency rule change shall be published in full in a General Circular electronically disseminated with the reason submitted by the Commission for the finding of the emergency.

A contempt of the Commission or its Referee is an act or omission tending to obstruct or interfere with the orderly discharge of the responsibilities and duties of the Commission or its Referee, or to impair the dignity of the Commission or its Referee or respect for their authority.

A contempt of the Commission includes, but is not limited to, any of the following acts:

(a) Willful failure to comply with a subpoena or summons to appear before the Commission or its Referee, proof of service of which appears of record.

(b) Willful violation of an order excluding, separating, or sequestering a witness.

(c) Refusal to take the oath or affirmation as a witness, or refusal of a witness to answer a non-incriminating question when ordered to do so by the Commission or its Referee.

(d) Insolent or disorderly behavior toward the Commission or an attorney or other officer or Referee of the Commission, tending to interrupt or to interfere with the business of the Commission or its Referee or to impair its dignity or respect for its authority.

(e) Breach of the peace, boisterous conduct, or violent disturbance tending to interrupt or to interfere with the business of the Commission or its Referee or to impair its dignity or respect for its authority.

(f) Use of insulting, abusive or discourteous language by an attorney or other person before the Commission or its Referee, or in a motion, plea, brief or other document filed with the Commission or its Referee in irrelevant criticism of the Commission, a Commissioner, an attorney, the Director or his staff, or an officer or Referee of the Commission.

(g) Action by any person taken or ordered to be taken without approval of the Commission when such approval for the action is required by either the State Constitution or by Civil Service Rule.

(h) Failure of any person to comply with any order or directive of the Commission unless otherwise stayed by a Court of proper jurisdiction or unless within the time limits for such compliance provided by applicable rule or law.

(i) Willful failure of an attorney to appear at the time and place set for the hearing in which he is to participate.

(a) When a person has committed a contempt of the Commission or a Referee in the presence of the Commission or a Referee, he may be found guilty and punished therefore by the Commission or Referee forthwith, without any trial other than affording him an opportunity to be heard orally by way of defense or mitigation.

(b) When a person is charged with committing a contempt outside of the presence of the Commission or a Referee, he shall be tried by the Commission or the Referee on a Rule to show cause alleging the facts constituting the contempt. The Rule may be issued by the Commission or Referee on its own motion, or on motion of the Director.

(c) A copy of the motion and of the Rule shall be served on the person charged, in the manner of a subpoena, not less than forty-eight hours prior to the time assigned for trial of the Rule.

(d) If a person charged with contempt is found guilty, the Commission or a Referee shall render an order reciting the facts constituting the contempt, adjudging the person charged with the contempt guilty thereof, and specifying the punishment imposed.

(e) Should a person served in accordance with this Rule fail to appear at the time, date, and place set for the hearing on the Rule, the Commission or Referee may order any law enforcement officer to apprehend and to bring before the Commission or Referee the person charged with contempt, to proceed with the hearing in the absence of the person charged, or to institute proceedings before the judiciary of this State as the Commission or Referee deems proper.

(a) In addition to that which is provided for in these Rules, the Commission or a Referee may punish a person adjudged guilty of contempt of the Commission or the Referee by a fine of not more than five hundred dollars ($500.00).

(b) Money collected pursuant hereto shall be paid into the General Treasury of the State of Louisiana in accordance with law.

All deadlines imposed by these rules are suspended until the state of emergency resulting from Hurricane Katrina is terminated. This rule shall apply retroactively to August 29, 2005. [Adopted on an emergency basis on 9/14/05; expired on January 12, 2006]

All deadlines imposed by these rules are suspended due to the State of Emergency—2016 Flood Event. This rule shall apply retroactively from August 12, 2016, through September 7, 2016. [Adopted on an emergency basis on 8/24/16]