Noncompetitive Reemployment Based on Prior State Service
Editorial changes only
Minor editing for clarity.
Restoration of Duty Upon Return from Military Service
No substantial change – eliminated reference to a provisional employee.
Cancellation of Eligibility for Appointment
Editorial changes only – elimination of a paragraph dealing with failing to report for a scheduled test.
Withdrawal of Authority
Again, provides the Director with the authority to authorities authorized in this chapter.
Chapter 24 Transfer of Governmental Functions and Acquisitions
24.1Transfer of Governmental Functions
When any or all of the functions of a state department are transferred to another state department, or when one state department is replaced by one or more other state departments, all positions and incumbents assigned the functions transferred or replaced shall be transferred to the receiving department. The allocation and individual pay rate of employees who transfer shall not change. Following this transfer, if the receiving department determines that any or all of the aforementioned positions should require an allocation change or abolishment, affected employees may be subject to layoff in accordance with Chapter 17 of these rules.
24.2Status of Non-Classified Employees Whose Positions are Declared to be in the State Classified Service or are Acquired by a State Agency.
(a)When a nongovernmental private organization or position, which is not subject to Article X is acquired by a State department as a result of a legislative act, constitutional amendment, judicial decree, or an executive order, or a government organization or position, which has been created by an executive order of the Governor, legislation, constitutional amendment, or a local authority, is declared to be in the State classified service by judicial decree or by order of the Commission or Director, an employee encumbering an affected position shall be appointed in the State classified service under this Rule if:
1.His/her position is retained by the State agency, and the appointing authority of the agency certifies in writing to the Director that the retention is necessary for the continued efficient functioning of the acquiring agency, and such position falls within the State classified service;
2.He/she is eligible for employment in the classified service;
3.He/she is either employed in the position or is an employee of the acquired organization and has at least one year of continuous service as of the effective date of the transfer of the position or of the acquired agency to the State classified service provided that such effective date shall be the same effective date of the legislation, constitutional amendment, judicial decree, or commission order that initiated the action to classify the position, and in the absence of these directives, as of the date of the Director's order;
4.He/she possesses the minimum requirements established for the class to which his/her position has been allocated, on the date of the notification to the agency of the
original allocation of his/her position for probationary appointment;
5.He/she attains a passing score on the appropriate test, within 180 days of the date of notification of the original allocation of his/her position for probationary appointment. After notifying the Commission, the Director may waive the passing of a written test provided:
a.Either an appropriate test is not available or a review of the hiring and personnel practices of the entity indicates testing would be impractical and/or unnecessary; or
b.A review of the person's application and personnel record reveals that he/she has successfully performed the duties of the same position for two years; or
c.The appointing authority certifies that his/her performance has been satisfactory.
6.Subject to Rule 17.14, when an agency acquires employees under this Rule and a layoff results, it shall neither exempt the acquired employees from a layoff, nor shall the acquisition of these employees prevent the appointment of classified employees from a Department Preferred Reemployment List.
(b)An employee who enters the State classified service in accordance with this Rule and who is employed as a classified employee of a governmental jurisdiction subject to a civil service article, statute or ordinance shall be appointed to the State classified service with the same appointment status attained in the former service and such employee shall be exempt from the requirements in 24.2 (a) 3, (a) 4 and (a) 5. All other employees who enter the State classified service in accordance with this Rule shall be probationally appointed.
(c)An employee who enters the state classified service in accordance with this Rule, and who is employed with an organization that is being acquired in its entirety for the first time in the classified service, may be exempted from the requirements in (a) 3, (a) 4, and (a) 5 by order of the Director, provided the employee occupies the same position with the acquired organization.
1.The Director may order such exemptions only after a review of the hiring and personnel practices of the organization that is being acquired.
2.When using this provision the Director shall notify the Commission of his/her intention to apply it and, after using it, shall file a written report explaining the reasons therefore.
3.The Director may still require certain employees to meet the requirements of (a) 4 and (a) 5.
4.An employee acquired under this provision, except for those acquired under subsection (c) 3 above, will be considered to possess the minimum qualifications of the job
Louisiana Register Vol. 34, No. 10 October 20, 2008