rules governing employees in the classified service of …

8-Jan-16

RULES GOVERNING EMPLOYEES IN THE CLASSIFIED SERVICE of the CITY OF BATON ROUGE and PARISH OF EAST BATON ROUGE Adopted by the Personnel Board March 7, 1949 Effective March 22, 1949 As Amended to and Including 07/11/49 07/15/49 09/09/49 10/10/49 02/06/50 04/03/50 04/19/50 05/08/50 08/07/50 11/06/50 12/05/50 06/26/51 06/27/51 10/24/51 11/21/51 06/12/52 10/28/52 12/24/54 06/28/56 08/14/57 01/03/58 08/06/58 02/03/59 07/02/59 03/02/60 09/14/60 07/11/61 12/12/61 02/13/62 08/15/62 12/04/62 11/05/64 01/13/65 03/30/65 09/12/65 02/08/66 03/11/66 06/23/66 10/13/66 01/23/67 07/20/67 12/19/67 01/25/68 03/05/68 03/29/68 07/28/69 12/11/69 03/31/70 08/10/70

13/23/71 05/12/71 06/29/71 08/17/71 02/08/72 03/21/72 12/05/72 02/20/73 05/24/73 08/21/73 08/05/75 12/16/75 02/26/76 05/04/76 06/08/76 08/03/76 03/29/77 04/11/77 05/03/77 10/11/77 08/01/78 01/16/79 06/07/79 10/08/79 11/06/80 01/14/81 02/10/81 04/09/81 11/12/81 07/08/82 08/17/82 09/09/82 11/02/82 03/11/83 06/06/83 06/14/84 07/19/84 09/20/84 02/07/85 04/10/85 11/05/85 11/12/86 06/21/88 10/18/88 11/01/88 12/14/88 Metro C. Res. #28163

01/25/89 Metro C. Res. #28323 05/10/89 Metro C. Res. #28666 06/21/89 Per. Brd. 08/09/89 Metro C. Res. #29130 08/09/89 Metro C. Res. #29131 09/26/89 Per. Brd. 11/22/89 Metro C. Res. #29503 12/12/89 Per. Brd. 12/13/89 Metro C. Res. #29560 12/13/89 Metro C. Res. #29561 11/12/89 Metro C. Res. #29503 12/12/89 Metro C. Res. #29560 12/13/89 Metro C. Res. #29561

06/20/90 Per. Brd. 09/12/90 Metro C. Res. #30450 12/19/90 Per. Brd. 03/27/91 Metro C. Res. #31024 04/17/91 Per. Brd. 06/12/91 Metro C. Res. #31265 09/25/91 Metro C. Ord. #9343 12/03/91 Per. Brd. 12/11/91 Metro C. Res. #31946 03/17/93 Per. Brd. 03/24/93 Metro C. Res. #33783 03/17/93 Per. Brd. 03/24/93 Metro C. Res. #33821 12/13/93 Per. Brd.

01/26/94 Metro C. Res. #34705 05/25/94 Metro C. Res. #35012 11/16/94 Per. Brd. 12/14/94 Metro C. Res. #35496 03/08/95 Metro C. Res. #10204 06/19/96 Per. Brd. 07/24/96 Metro C. Res. #37012 02/19/97 Per. Brd. 04/09/97 Metro C. Res.#37723 12/08/99 Metro C. Res.#39973 10/11/00 Metro C. Ord. #11864 01/17/01 Per. Brd. 07/06/01 Per. Brd.

11/07/03 Per. Brd.; Metro C. Res.#42914, 11/12/03 12/17/03 Per. Brd.; Metro C. Res.#43030, 43031, 1/28/4 05/18/05 Per. Brd.; Metro C. Res.#44196, 06/22/05 02/15/06 Per. Brd.; Metro C. Res.#44686, 03/22/06 05/11/06 Per. Brd.:Metro C. Res.#44925, 07/26/06 06/13/06 Per. Brd.;Metro C. Res.#44928, 07/26/06 08/04/06 Per. Brd.:Metro C. Res.#45078, 09/27/06 02/13/07 Per. Brd.:Metro C. Res.#45406, 03/28/07 04/26/07 Per. Brd.: Metro C. Res.#45694, 08/22/07

04/26/07 & 07/26/07 Per. Brd.: Metro C. Res.#45695, 08/22/07 10/20/07 Plan of Gov’t; 08/07/08 Per. Brd.; Metro C. Res. #46490, 09/24/08 09/23/10 Per. Brd.; Metro C. Res. #48423, 01/26/11 11/14/12 Per. Brd; Metro C. Res. #49932, 02/13/13 03/24/15 Per. Brd; Metro C. Res. #51399, 04/04/15

TABLE OF CONTENTS RULE I . DEFINITIONS .............................................................................................. 1 RULE I I . ORGANIZATION, POWERS AND DUTIES OF THE BOARD ................................ 5

Section 1. Organization of Board ................................................................................... 5 Section 2. Powers and Duties of the Board ........................................................................ 5

RULE I I I . CLASSIFICATION PLAN ............................................................................... 6

Section 1. Creating Classes and Allocating Positions ............................................................ 6 Section 2. Force and Effect of Classes ............................................................................. 6

RULE IV. PAY PLAN ................................................................................................... 8

Section 1. Scale of Rates ............................................................................................. 8 Section 2. Original Appointment Rate .............................................................................. 8 Section 3. Rate of Pay Upon Promotion ........................................................................... 8 Section 4. Rate of Pay Upon Demotion ............................................................................ 8 Section 5. Reemployment and Reinstatement Rate ............................................................... 8 Section 6. Increases ................................................................................................... 8 Section 7. Pay Reductions ............................................................................................ 9 Section 8. Compensation for Part-time Services ................................................................. 10 Section 9. Adjustments of Salaries of Incumbent Employees .................................................. 10 Section 10. Compensation for Part of a Pay Period ............................................................. 10 Section 11. Transfer of an Employee .............................................................................. 10 Section 12. Change in Rate of Pay ................................................................................. 10 Section 13. Certification of Payrolls ............................................................................... 10 Section 14. Maintenance ............................................................................................. 11 Section 15. Overtime Pay ........................................................................................... 11 Section 16. Emergency Work ....................................................................................... 11 Section 17. Compensation for Lack of Work .................................................................... 11 Section 18. Shift Differential Pay .................................................................................. 11 Section 19. Overtime Exemption ................................................................................... 12 Section 20. Compensatory Time ................................................................................... 12 Section 21. Payment of Compensatory Time at Termination .................................................. 12

RULE V. ELIGIBLE LISTS ......................................................................................... 13

Section 1. Public Notice of Tests .................................................................................. 13 Section 2. Admission to Tests ...................................................................................... 13 Section 3. Rejection of Applications ............................................................................... 13 Section 4. Content of Tests ......................................................................................... 14 Section 5. Postponement and Cancellation of Tests ............................................................. 14 Section 6. Test Scoring Time Limit ............................................................................... 14 Section 7. Results of Tests and Veteran' s Preference ........................................................... 14 Section 8. Review of Test Results ................................................................................. 15 Section 9. Establishment of Employment Lists .................................................................. 15 Section 10. Establishment of Reemployment Lists .............................................................. 16 Section 11. Establishment of Preferred Reemployment Lists .................................................. 17 Section 12. Removal of Names from Lists ....................................................................... 17 Section 13. Restoration to Employment List During Working Test Period ................................. 18

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TABLE OF CONTENTS, Contd. RULE VI . CERTIFICATION AND APPOINTMENT .......................................................... 19

Section 1. Request for Appointment ............................................................................... 19 Section 2. Certification of Eligibles ............................................................................... 19 Section 3. Appointment .............................................................................................. 19 Section 4. Reinstatement of a Retirement Beneficiary .......................................................... 20 Section 5. Temporary Appointments .............................................................................. 20 Section 6. Transfer ................................................................................................... 20 Section 7. Conditional Appointments .............................................................................. 21 Section 8. Preference Over Other Applicants .................................................................... 21 Section 9. Request for Selective Certification .................................................................... 22 Section 10. Temporary Promotions ................................................................................ 22 Section 11. Emergency Appointments ............................................................................. 22

RULE VI I . WORKING TEST ......................................................................................... 23

Section 1. Working Test ............................................................................................. 23 Section 2. Interruption of Working Test .......................................................................... 23 Section 3. Evaluation of Employee Performance ................................................................ 23 Section 4. Removal of Employee During Working Test Period ............................................... 23 Section 5. Certification at Close of Working Test Period ...................................................... 23

RULE VI I I . SERVICE RATINGS ..................................................................................... 24

Section 1. Establishment of System ................................................................................ 24 Section 2. Standards of Performance and Annual Performance Rating ...................................... 24 Section 3. Process of Service Ratings for Regular Employees ................................................ 24 Section 4. Process of Service Ratings for Probationary, Transfer and Exiting Employees ............... 24 Section 5. Use of the Service Rating .............................................................................. 25 Section 6. Records of System ....................................................................................... 25 Section 7. Appeals of Employee Service Ratings ................................................................ 26

RULE IX. HOURS OF WORK, VACATION TIME AND LEAVES OF ABSENCE .................... 27

Section 1. Hours of Work ........................................................................................... 27 Section 2. Leave: General .......................................................................................... 27 Section 3. Vacation Leave ........................................................................................... 31 Section 4. Sick Leave ................................................................................................ 32 Section 5. Civil Leave ............................................................................................... 34 Section 6. Leave of Absence Without Pay ........................................................................ 34 Section 7. Military Leave With Pay .............................................................................. 35 Section 8. Funeral Leave ............................................................................................ 36 Section 9. Family/Medical Leave .................................................................................. 36 Section 10. Promotional Leave ..................................................................................... 38 Section 11. Holidays ................................................................................................. 38 Section 12. Certification of Retirement Eligibility .............................................................. 38 Section 13. Administrative Leave with Pay ...................................................................... 39 Section 14. Administrative Leave without Pay ................................................................... 39

RULE X. DISCIPLINARY ACTIONS AND SEPARATIONS ............................................... 40 Section 1. Removals, Suspensions and other Corrective or Disciplinary Action for Maintaining

Standards of Service ..................................................................................... 40 Section 2. Procedure in Disciplinary Cases ...................................................................... 40 Section 3. Appeals .................................................................................................... 40 Section 4. Layoff ..................................................................................................... 41 Section 5. Administrative Leave With Pay ....................................................................... 41

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TABLE OF CONTENTS, Contd. RULE XI . APPEALS, HEARINGS, AND INVESTIGATIONS .............................................. 42

Section 1. Appeals .................................................................................................... 42 Section 2. Hearings ................................................................................................... 43 Section 3. Fixing Time for Hearings………………………….…………………………………… ............... 43 Section 4. Investigations by Administrator ....................................................................... 43 Section 5. Administrative Law Judge ............................................................................... 44

RULE XI I . POLITICAL ACTIVITIES .............................................................................. 45

Section 1. Prohibited Practices ..................................................................................... 45 Section 2. Penalties for Violation .................................................................................. 45

RULE XI I I . RECORDS .................................................................................................. 46

Section 1. Payrolls and Attendance Records ..................................................................... 46 Section 2. Appointment Forms ..................................................................................... 46 Section 3. Leave Records ........................................................................................... 46 Section 4. Records of the Human Resources Department ...................................................... 46

RULE XIV. SEVERABILITY .......................................................................................... 47

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RULE I. DEFINITIONS

When used in these rules, the following terms shall have the following meanings unless the context clearly shows a different meaning is intended: 1. "Active Duty" means duty under a call or order

to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code. Added P.B. 8/07/08; Council Res. #46490, 9/24/08.

1.1 "Administrative Leave With Pay" (ALWP) is the

authorized absence from official duties without loss of pay and without charge to leave, which may be granted to classified employees. Added P.B. 05/11/06; Council Res. #44925, 07/26/06.

1.2 "Administrative Leave Without Pay" (ALWOP)

is a mandated absence from official duties without pay and without the utilization of any available leave which may be imposed on classified employees for investigatory purposes. Added P.B. 05/11/06; Council Res. #44925, 07/26/06.

1.3 "Administrator" means the Parish and City Personnel Administrator. 2. "Allocation" means the official determination of

the class to which a position in the classified service shall be deemed to pertain, as provided in these Rules.

3. "Appointing Authority" means any officer,

board, agency, corporation, commission, person or group of persons having the power to make appointments to positions in the Parish and City Service.

4. "Appointment" means the designation of a

person, by due authority, to become an employee in a position, and his induction into employment in such a position.

5. "Board" means the Parish and City Personnel

Board. 6. "Budget Unit" means department or separate

agency of the Parish or City. 6.1 "Certification" shall mean the "Certification of

Physician or Practitioner" provided by the U. S. Department of Labor or any similar certification deemed acceptable by the Administrator. Added P.B. 12/13/93; Council Res. #34705, 1/26/94.

7. "Charter" means the Plan of Government of the Parish of East Baton Rouge and the City of Baton Rouge.

8. "Class" or "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.

9. "Classification Plan" means all the classes of

positions established under the provisions of the Charter and these Rules for the classified service.

10. "Classified Service" means all offices and

positions of employment in the Parish and City Service, except those placed in the unclassified service by the Charter.

11. "Competitive Position" means any position in the

classified service that is subject to the requirements of these Rules relating to appointment on the basis of competitive tests of fitness, and applies to every position in the classified service that is not expressly excepted or included among the positions in the unclassified service.

11.1 “Contingency Operation” has the same meaning

given such term in section 101(a)(13) of title 10, United States Code. This applies to covered servicemembers only. Added P.B. 8/07/08; Council Res. #46490, 9/24/08.

12. "Continuous Examination" means an

examination for which no final filing date has been set, which will be given on more than one date, and from which the resulting employment list is an open list.

12.1 “Covered Servicemember” means a member of

the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. Added P.B. 8/07/08; Council Res. #46490, 9/24/08.

13. "Demotion" means a change of a regular

employee in the classified service from a position of one class to a position of another

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RULE I. DEFINITIONS, Contd.

class for which a lower maximum rate of pay is prescribed.

14. "Department" means the Personnel Department,

including both the Board and the Administrator. 15. "Departmental Promotion List" means a list of

eligibles who are employees of one department. 16. "Eligible" means a person whose name is on list. 17. "Eligible Employee" for the purposes of the

family/medical leave provisions (Rule IX, Section 9) herein shall mean an employee who has been employed for at least twelve (12) months and has at least one-thousand two-hundred fifty (1,250) hours of service with said employer during the previous twelve month period. Added P.B. 12/13/93: Council Res. #34705, 1/26/94.

18. "Employee" means a person legally occupying a

position. 19. "Employment List" means an original entrance

employment list, a promotion list, or a reemployment list.

20. "Entrance Level Classes" means classes in the

Parish or City Service which can be properly filled, in the opinion of the Administrator, by persons who have not had experience in other classes in the classified service.

21. "Entrance Test" means a test for a position in a

particular class, admission to which is not limited to the persons employed in the Parish and City service.

21.1 "Extended Family" shall mean an employee's

current mother or father in-law, brother or sister, current brother or sister-in-law, grandmother, grandfather or grandchild, aunt or uncle. Added P.B. 12/13/93; Council Res. #34705, 1/26/94.

21.2 "Health Care Provider" shall mean a doctor of

medicine or osteopathy who is authorized to practice medicine or surgery, as appropriate, by the State in which the doctor practices, or any other person determined by the Secretary to be capable of providing health care services. Added P.B. 12/13/93; Council Res. #34705, 1/26/94.

21.3 "Immediate Family" shall mean an employee's

son, daughter, spouse and parent (this includes a person standing in loco parentis as a parent, son

or daughter). Added P.B. 12/13/93; Council Res. #34705, 1/26/94.

21.4 "In Loco Parentis" shall mean a person who is

responsible for day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary. Added P.B. 12/13/93; Council Res. #34705, 1/26/94.

22. "Lay Off" means the removal of an employee

because of lack of work, failure of financial appropriation or other causes which do not reflect on the employee.

23. "Leave of Absence Without Pay" is leave or time

off from work granted by action of the Board or at the discretion of the appointing authority, the effect of which does not create a vacancy in the position of the person granted leave.

24. "List" means an employment list, or original

entrance employment list, a promotion employment list, or a reemployment list.

24.1 “Medical or Dental Appointment” means an

appointment with a licensed doctor, dentist or other licensed health care professional. Added P.B. 8/07/08; Council Res. #46490, 9/24/08.

24.2 “Next of Kin,” used with respect to an

individual, means the nearest blood relative of that individual. This applies to covered servicemembers only. Added P.B. 8/07/08; Council Res. #46490, 9/24/08.

25. "Open List" means a list to which eligibles may

be added from time to time through the continuous examination procedure.

26. "Original Entrance Employment List" means an employment list for a class resulting from tests of fitness open to all applicants who meet the prescribed requirements for admission to the tests, regardless of prior employment in the classified service.

26.1 “Outpatient Status,” with respect to a covered

member, means the status of a member of the Armed Forces assigned to: A. a military medical treatment facility as an

outpatient; or B. a unit established for the purpose of

providing command and control of members

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of the Armed Forces receiving medical care as outpatients.

This applies to covered servicemembers only. Added P.B. 8/07/08; Council Res. #46490, 9/24/08.

26.2 "Parent" shall mean a biological parent or an

individual who stands or stood in loco parentis to an employee when the employee was a child. The term does not include parents "in-law." Added P.B. 12/13/93; Council Res. #34705, 1/26/94.

27. "Pay" means salary, wages, fees, allowances, and

all other forms of valuable consideration, or the amount of any one or more of them, earned by or paid to any employee, by reason of service rendered in any position, but does not include any allowances for expenses authorized and incurred as incidents to employment.

28. "Pay Plan" means all the scale of rates of

compensation prescribed under the provisions of these Rules for classes of positions in the classified service.

29. "Position" means any office and any

employment in the service of the Parish and City. 'Position' does not mean or include the employment of an independent contractor, the duties of which call for services to be rendered by one person.

30. "Preferred Reemployment List" means an

employment list for a class consisting of a list of names of persons who have previously occupied positions allocated to the class, and who have been found to be entitled to reappointment to positions in such class under the provisions of these Rules before the position can be filled by other methods.

31. "Promotion" means a change of an employee in

the classified service from a position of one class to a position of another class for which a higher maximum rate of pay is provided in the pay plan.

32. "Promotion Employment List" or "Promotion

List" means an employment list for a class resulting from tests of fitness limited to applicants who are employees of lower classes in the classified service.

33. "Promotion Test" means a test for positions in a

particular class, admission to which is limited to

employees in the classified service who have held a position in another class.

34. "Public Hearing" means a hearing after public

notice of at least five (5) days, at which any person may have a reasonable opportunity to be heard, in accordance with such rules and regulations as may be adopted by the Board.

34.1 "Recognized Agency" shall mean any

recognized department or division of the Parish and City government whose employees are members of the classified service, either in classified or unclassified positions or a combination of both. Added P.B. 12/13/93; Council Res. #34705, 1/26/94.

35. "Recognized Unit/Agency" - For the purposes of

these rules, recognized units or agencies of government shall be restricted to, but not necessarily inclusive of all "divisions", "divisions of service", "agencies", and/or "organizational units" of the Parish and City Government in which employment activities are governed by these rules; and/or for which employee rosters and activity records are maintained and payrolls certified and wherein the pay of the employees are established by the Personnel Department. Employment under a service contract shall not be recognized as "service" within the meaning of these rules regardless of the employing unit or agency. Amended P.B. 12/4/62; P.B. 2/7/85.

35.1 "Reemployment List" means an employment list

for a class consisting of a list of names of persons who have previously occupied positions allocated to the class, and who have been found to be entitled to certification for reappointment to positions in such class under the provisions of these Rules.

35.2 "Regular Employee" means an employee who

has been appointed to a position in the classified service in accordance with these Rules and has completed his working test period.

36. "Reinstatement" means an action taken by the

Board in placing an employee who has been formerly discharged back in service. All previous conditions of employment shall remain in effect unless specifically altered by the Board during the hearing or meeting at which the action to reinstate is taken. The interim of time during which the employee is absent prior to reinstatement will always be deducted from total

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service unless back wages are paid or unless otherwise decided by the Board." Amended P.B. 9/20/84.

36.1 "Seasonal Employee" is one who is employed in

a temporary status for a particular seasonal function such as a School Crossing Guard. An employee in this status is not entitled to the fringe benefits afforded a regular full-time employee. Amended P.B. 8/1/61.

36.2 "Serious Health Condition" shall mean an illness,

injury, impairment, or physical or mental condition that involves: Added P.B. 12/13/93; Council Res. #34705, 1/26/94. a. any period of incapacity or treatment in

connection with or consequent to inpatient care in a hospital, hospice, or residential medical care facility;

b. any period of incapacity requiring absence from work, school, or regular daily activities, of more than three calendar days, that also involved continuing treatment by or supervision of a health care provider; or

c. continuing treatment by or under the supervision of a health care provider for a chronic or long-term condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days; or for prenatal care.

36.3 “Serious Injury or Illness,” in the case of a

member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating. This applies to covered servicemembers only. Added P.B. 8/07/08; Council Res. #46490, 9/24/08.

37. "Service" means the classified service. 38. "Sick Leave" means absence from duty of an

employee because of illness or injury or exposure to contagious disease.

38.1 "Son" or "Daughter" shall mean a biological,

adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis. Added P.B. 12/13/93; Council Res. #34705, 1/26/94.

38.2 "Spouse" shall mean legal husband or wife under

the laws of the State of Louisiana. Added P.B.

12/13/93; Council Res. #34705, 1/26/94. 39. "Temporary Appointment" means an

appointment for a limited period of service without acquisition by the appointee of any continuing right to be retained as an employee beyond such period.

40. "Transfer" means movement of an employee

from a position of one class to one of another class having the same maximum rate of pay and requiring, in substance, no different qualifications. 'Transfer' also includes the transaction referred to in Section 1.2(b) of Rule III.

41. “Verification” means substantial documentation

provided to the employee by the treating health care provider that will establish a medical or dental appointment, necessary treatment, illness or injury. Added P.B. 8/07/08; Council Res. #46490, 9/24/08.

42. "Workweek" shall mean the normal weekly

scheduled hours of work as set forth in Rule IX, Section 1 herein or as approved by the Board in accordance with said section. Added P.B. 12/13/93; Council Res. #34705, 1/26/94.

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RULE II. ORGANIZATION, POWERS AND DUTIES OF THE BOARD

Section 1. Organization of Board. 1.1 Election of Chairman. The Board shall, at the

first regular meeting in January of each year, elect one of its members chairman. If, because of death, resignation, or otherwise, the office of Chairman is vacated before the expiration of the term of office, the Board shall elect a successor at its next regular meeting. Amended P.B. 2/13/62.

1.2 Meetings. A regular meeting shall be held in

each month, if necessary, and three members shall constitute a quorum for the transaction of business. Official hearings/meetings of the Board shall be held in the Council chamber, or a location designated by the Human Resources Director, and notice thereto given those involved. Amended P.B. 2/13/62; Council Ord. #11864, 10/11/00; P.B. 01/17/01.

(a) The Board shall, at the request of either

party, be it any regular employee in a position in the classified service, or the City-Parish, require a five (5) member board at appeal hearings. A member who cannot be present for all or part of the hearing shall vote after reviewing the record, if such vote will determine the outcome of the hearing. Added Council Ord.#11864, 10/11/00; P.B. 01/17/01.

1.3 Rules of Order. The Board shall not be bound by

any rules of order, evidence or procedure in its meetings, hearings, or investigations except such as it may itself establish.

1.4 All official meetings of the Board shall be open

to the public. Section 2. Powers and Duties of the Board. 2.1 The Board shall have the powers and perform the

duties as prescribed in Section 9.04 of the Parish and City Charter. The Board’s duties do not include the authority to set or change an employee’s classification or rate of pay as stated in Council Ordinance #11864, Section B (3), dated 10/11/00. Amended Council Ord. #11864, 10/11/00; P.B. 01/17/01.

2.2 The Board shall make, alter, amend and

promulgate rules. 2.3 Nothing herein shall prevent the Board from

taking action on any subject its members consider proper in the performance of their duties.

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RULE III. CLASSIFICATION PLAN

Section 1. Creating Classes and Allocating Positions. 1.1 Whenever, in the opinion of the Administrator,

there is urgent necessity for establishing a new class, or revising or abolishing an existing class, in the classification plan, he may anticipate formal action of the Board by adding the new class or revising or abolishing an existing class. Such action shall be subject to ratification by the Board as provided for in Section 9.06 of the Parish and City Charter.

1.2 Whenever the duties of a position are so changed

that the position in effect becomes one of a different class from that to which it is allocated, such change shall operate to abolish the position and to create a new position of such different class.

(1) If the change of duties operates to create a

position in a class with a higher maximum rate of pay, the change shall be considered as a promotion and the employee in such a position shall be entitled to continue, with no change in status, in the newly allocated class without certification from an eligible list for that class. When an employee is promoted by reason of reallocation, his rate of pay shall be fixed at the next higher step in the new class or at the minimum rate for the new class, whichever is the higher. Amended P.B. 5/12/71; P.B. 5/24/73.

(2) If the change of duties operates to create a

position in a class with a lower maximum rate of pay, the change shall be considered just as if the employee transferred voluntarily from a position in one class to a position in a lower class. If an employee had regular status in the class from which the position he occupied was reallocated, he shall be given reemployment rights in that class. The rate of pay of the employee, if within the pay range of the class to which the position is reallocated, shall not be changed by reason of the downward reallocation. The rate of pay of any employee who is paid at a rate in excess of the maximum rate of pay of the class to which the position is reallocated shall forthwith be lowered to that maximum. The employment status of the employee shall remain the same.

1.3 When any position is reallocated to a different

class to correct an error in its previous allocation, the employee in such a position shall be entitled

to continue therein, with the same status and all the rights and privileges as he had before reallocated.

(1) If the reallocation is to a class with a higher

maximum rate of pay, the rate of pay of an employee shall be fixed at the next higher step in the new class or at the minimum rate for the new class, whichever is the higher. Amended P.B. 5/12/71.

(2) If the reallocation is to a class with a lower

maximum rate of pay, the rate of pay of the employee, if within the pay range of the class to which the position is reallocated, shall not be changed by reason of the reallocation. The rate of pay of any employee who is paid at a rate in excess of the maximum rate of pay of the class to which the position is reallocated shall forthwith be lowered to that maximum. If an employee had regular status in the class from which the position he occupied was reallocated, he shall be given preferred reemployment rights in that class.

Section 2. Force and Effect of Classes. 2.1 The specifications of the classes of positions in

the classification plan, and their various parts, shall have the following force and effect: The definitions are descriptive and not restrictive. They are intended to indicate the kinds of positions that should be allocated to the several classes as determined by their duties and responsibilities, and shall not be construed as declaring to any extent, or in any way, what the duties or responsibilities of any position shall be, or as limiting or in any way modifying the power of any appointing authority to assign duties to and to direct and control the work of employees under his supervision. The use of a particular expression or illustration as to duties shall not be held to exclude others not mentioned that are of a similar kind or quality.

2.2 In determining the class to which any position

should be allocated the definition of each class shall be considered a whole. Consideration shall be given to the general duties, specific tasks, responsibilities, qualification requirements, and relation to other classes, as together affording a picture of the kind of employment that the class is intended to embrace.

6

RULE III. CLASSIFICATION PLAN

2.3 Qualifications commonly required of incumbents of positions of different classes, such as acceptable physical condition, freedom from disabling effect, United States citizenship, residence within the Parish of East Baton Rouge, honesty, sobriety, and industry, shall be deemed to be implied as qualification requirements for entrance to each class even though they are not specifically mentioned in the specifications. Amended P.B. 8/17/71 and P.B. 5/24/73.

7

RULE IV. PAY PLAN

Section 1. Scale of Rates. The scale of rates for any class shall consist of a minimum rate, a maximum rate, and such intermediate rates as may appear to be necessary or equitable. The pay of all positions in the classified service shall be determined with reference to the pay plan in effect and in accordance with the provisions of these Rules; any provision of law or appropriation for any different salary rate or mode of payment for any position to the contrary notwithstanding, and no employee in such service shall be paid any compensation for service as such except in accordance with the rate fixed under the provisions of these rules. 1.1 Special Scales of Rates. If, for one class of

positions, two or more scales of rates are established to reflect equitably the differences in the unpleasant or dangerous aspects of different assignments made in the class of positions, changes in assignment shall result in corresponding salary adjustments. Such salary adjustments shall not be considered either as increases or decreases in pay insofar as eligibility for such increases or decreases is concerned but must be reported to the Administrator.

1.2 Whenever the pay plan provides for alternate

methods of pay for the same class, an appointing authority may select any one of the alternate methods provided that all persons holding positions in that class within a department, agency or organization unit shall be paid by the same method.

Section 2. Original Appointment Rate. Original appointment to any position of a class shall be at the minimum rate for the class. Section 3. Rate of Pay Upon Promotion. When an employee is promoted, his/her pay shall be adjusted by: Amended P.B. 7/28/69.

(1) First, finding the step in the new pay range which is the same or is immediately higher than the employee's current base pay; and Added P.B. 6/20/90; Council Res. #30450, 9/12/90.

(2) Second, advancing the employee's pay two

steps if available, in the new pay range, except if the adjustment in number (1) above results in the employee being placed at the

minimum step and this adjustment equals or exceeds six (6%) percent, then no further promotional increase is permitted. If the adjustment to the minimum step resulted in an increase which is greater than three (3%) percent but less than six (6%) percent, the employee shall be advanced one step only. Added P.B. 6/20/90; Council Res. #30450, 9/12/90.

3.1 Deleted by Board 3/24/15; Council Res.

#51399, 4/4/15. Section 4. Rate of Pay Upon Demotion. When a regular employee is demoted, whether it is voluntary or involuntary, his/her rate of pay shall be fixed at the nearest rate of pay below his/her current rate of pay in the new class. Amended 08/23/07: Council Res. #45694, 08/22/07 & P.B. 04/26/07. Section 5. Reemployment and Reinstatement Rate. If an individual is appointed to a position from a reemployment list; or a retirement beneficiary is reinstated, whether to a position of the class from which he or she retired or to one substantially similar, pay in each instance shall be fixed at the same rate as that paid at the time of separation or, if that rate is not within the scale of rates for the class applicable, pay shall be fixed at the rate within the scale which is nearest the former rate. Same rate shall include base pay plus longevity received prior to reemployment or reinstatement. Amended P.B. 7/8/82; Amended P.B. 3/24/15: Council Res. #51399, 4/4/15. Section 6. Increases. 6.1 The rate of pay for an employee in a classified

position who is paid at a rate below the maximum rate of the scale of pay prescribed in the pay plan for the class of position involved may be advanced to the next higher rate of the scale or may be increased by an amount equal to the range between two steps within the scale, by action of the appointing authority without the approval of the Administrator subject to the following limitations: (a) No advance in the rate of pay shall become

effective until adequate funds are made available therefor.

(b) No advance in the rate of pay shall be made

which would raise the employee's pay

8

RULE IV. PAY PLAN, Contd.

beyond the maximum rate established in the pay plan.

(c) No advance in the rate of pay for an

employee shall be made until he has completed two months of the working test period or has completed two months of employment if he is a temporary employee.

(d) The prior approval of the Personnel

Administrator shall be obtained in the case of an advance in pay which by itself or with another increase, will have the effect of increasing an employee's pay the equivalent of two or more steps in the scale of rates in any twelve consecutive calendar months. Amended P.B. 4/17/91, Council Res. #31265, 6/12/91.

(e) The second step increase in an employee's

salary, when granted, shall not become effective until the beginning of the first pay period after approval by the Personnel Administrator and shall not affect the anniversary date already established by an employee for merit increases. (Added 12/5/49) Amended P.B. 2/26/76; P.B. 4/17/91, Council Res. #31265, 6/12/91.

6.2 Subject to the limitations in Section 6.1 of this

Rule, the approval of the Administrator is not required where the rate of pay of an employee is advanced more than one but less than two steps in the pay plan for the purpose of putting the employee's pay on a step in the scale of rates, unless the employee has been granted one or more increases in pay in the preceding twelve months.

6.3 The following changes in the rate of pay of an

employee shall not constitute increases in pay within the meaning of the section:

(a) A change in the rate of pay to the minimum

rate of a higher class made necessary by the promotion of an employee.

(b) A change in the rate of pay of an employee

made necessary by a change in the minimum rate of pay established for the class of position involved.

6.4 Personnel forms reporting pay increases must be

received in the offices of the Personnel Department at least five (5) work days before the end of the pay period in which the increase is

effective. Forms received less than five (5) work days before the end of the pay period shall be held over and made effective, subject to the limitations in Section 6.1 of this Rule, beginning with the next succeeding pay period. No pay increase shall be retroactive to a date prior to the pay period in which the personnel form is initiated. Added P.B. 7/11/49; Amended P.B. 11/6/80.

6.5 Whenever the minimum salary for a class is

increased, such action shall cause all employees in the class or classes in which the change occurs to automatically progress to the same step in the new range as they previously occupied in the old range, provided the adjustment shall not exceed the amount of a normal one step increase. Amended P.B. 10/28/52; P.B. 1/3/58.

Whenever an employee is promoted from one class to another, such change shall cause the employee to begin a new twelve (12) month period for pay purposes. Added P.B. 2/24/54.

6.6 A new employee or a promoted employee will

initially receive a one (1) step merit increase in the pay period following the completion of his working test period. Thereafter, the annual increase will occur on January 1 of the following year. If an employee completes his or her working test period in the same payroll period that the annual increase is effective, the employee shall receive two (2) merit step increases. (Added P.B. 12/3/91; Council Res. #31946, 12/11/91; Amended P.B. 08/04/06 & Council Res. #45078, 09/27/06).

Section 7. Pay Reductions. The rate of pay of any employee may be decreased under the conditions and subject to the procedural requirements hereinafter prescribed. 7.1 An appointing authority may reduce the salary of

an employee within the salary range established for the class. Notice of intention to effect a reduction in pay and the reasons for such action shall be given to the employee prior to the effective date of the reduction and the reduction shall be reported to the Administrator in the manner he may prescribe. Any regular employee who feels that his rate has been reduced without just cause may appeal to the Board.

9


Section 8. Compensation for Part-time Services. When part-time service in any position is authorized or rendered, involving less than the regularly established number of hours of service in any period, the actual compensation to be paid shall be determined by the relation that the actual number of hours of service authorized and rendered bears to the number of hours of service involved in full-time employment. Section 9. Adjustments of Salaries of Incumbent Employees. On the effective date of the pay plan or any amendment thereto or any reallocation of the position under the provisions of these Rules, the rates of employees in the positions of any class for which a rate is established or changed or reallocation made shall be adjusted as follows:

(1) The rate of any employee who is paid at less than the minimum rate of the scale prescribed for his class shall forthwith be increased to such rate.

(2) The rate of any employee who is paid at any

one of the specified rates of the scale prescribed for his class shall not be changed by reason of the new scale.

(3) The rate of any employee who is paid at a

rate between the minimum rate and the maximum rate of the scale prescribed for his class, but not corresponding with any specified rate of such scale, need not be changed.

(4) The rate of any employee who is paid at a

rate in excess of the maximum rate of the scale prescribed for his class shall not be changed, nor, except in disciplinary cases, may the rate be changed so long as the employee remains in a position in that class or in a position of a similar class to which he may be transferred.

Section 10. Compensation for Part of a Pay Period. When an employee receiving a salary on a monthly or semimonthly basis is employed for part of a pay period, compensation shall be allowed for the proportionate calendar time he is employed. When less than a full pay period of time is lost while the employee remains on the payroll and no authorized leave with pay is allowed, deduction shall be made for the proportionate

calendar time lost including any intervening holiday or regular day off, provided that:

(a) When a holiday or regular day off immediately precedes or follows a period of leave without pay, deduction shall not be made for the holiday or regular day off.

(b) When authorized leave is five calendar days

or less, no deduction shall be made for any Sunday or holidays included in such leave.

(c) When an employee is absent without leave, a

deduction shall be made for any holiday or regular day off which immediately precedes or follows or is included in such period of leave without pay. This does not prohibit other disciplinary action in the discretion of the appointing authority.

Section 11. Transfer of an Employee. When an employee is transferred from one budget unit to another, and a holiday or regular day off intervenes between the last day worked in the budget unit releasing the employee and the first day worked in the budget unit employing the person after the transfer, payment for the intervening holiday or regular day off shall be made by the budget unit employing the person the major portion of the pay period. If two budget units employ the person for the same length of time during the pay period, the budget unit releasing the employee shall be liable for any payment due for such intervening holiday or regular day off. Section 12. Change in Rate of Pay. Where any change is made in the rate of pay of an employee, the appointing authority or head of the Department, who authorizes such change, must file with the Personnel Department a copy of the "Change of Status" form approved by the Board. (The second and third sentences were deleted by the Board on 7/11/49.) 12.1 Deleted by Board 4/3/50. Superseded by Section

6.4. Section 13. Certification of Payrolls. 13.1 The appointing authority or his designated

representative shall certify above his signature on each payroll, supplemental payroll, or subsidiary document as follows: "I hereby certify that all employees in the classified service as shown on this payroll have been appointed and employed in

10


accordance with the provisions of Chapter 9 of the Parish and City Charter, and have actually rendered service in their positions, or have been absent from duty with pay on duly authorized leave, or both, to an extent supporting and justifying the full amount of payment claimed."

13.2 The Personnel Administrator or his designated

representative shall certify above his signature on each payroll, supplemental payroll, or subsidiary document as follows:

"I hereby certify that all employees of the City of Baton Rouge and Parish of East Baton Rouge as shown on payroll sheets ______ through , dated , have been appointed and employed in accordance with provisions of Chapter 9 of the Parish and City Plan of Government and/or the provisions outlined in Title I, Sec. 715(d) of the Baton Rouge City Code." In case exceptions are noted, the following shall be added: "With the exception(s) of “. Rev. P.B. 8/21/73.

Section 14. Maintenance. In any case in which any allowance is provided in addition to cash salary, such as meals, lodging, living quarters, laundry, and the like, including maintenance provided for others on behalf of the employee, but not including reimbursement of actual and necessary expenses authorized and incurred as incidents to the employment, all such allowances shall be treated as compensation in kind, involving part payment of the amount payable under the rate prescribed, and shall be deducted from the money amount payable to the extent of their cash value, as appraised by the Administrator. Section 15. Overtime Pay. Only non-exempt employees shall be eligible for overtime pay for hours worked in excess of the normal forty (40) hour work week. Exempt and non-exempt employees shall be established by the Personnel Administrator. Non-exempt employees will receive overtime pay for hours actually worked over 40 per workweek. The workweek shall include a fixed and regularly recurring period of seven consecutive 24-hour periods. Salaries of employees working overtime shall be converted to an hourly rate and shall be paid time and one-half for the actual time worked in excess of 40 hours. No employee shall be paid less in any week in which a holiday occurs than he would have been paid during such week if no holiday had occurred, giving the

holiday the effect of a normal workday. For purposes of overtime computation, all leave paid, excluding Sick leave, shall be considered normal workdays and applied as hours worked in determining a workweek. All overtime shall be authorized and approved in advance by the appointing authority. (Added 9/9/49). Amended 6/12/52; 3/2/60; 3/30/65; 9/23/65; 3/11/66; 6/23/66; 7/20/67; 3/5/68; 12/11/69; 6/29/71; 3/21/72; 2/21/74; 12/16/75; 4/11/77; 5/3/77; 7/5/78, effective 8/1/78; 1/16/79; 3/11/83; 6/6/83; 11/5/85. Amended P.B. 3/24/15: Council Res. #51399, 4/4/15. Section 16. Emergency Work. An employee called back to work after having completed his work day shall be paid for all such work at his regular rate, provided that any employee called back after having been paid, excluding Sick leave, forty (40) hours in any one week shall be paid at the rate of time and one-half. Employees called back after completing their workday shall be guaranteed a minimum of four (4) hours at the rates indicated above. Added P.B. 3/5/68; Amended P.B. 3/24/15: Council Res. #51399, 4/4/15. Section 17. Compensation for Lack of Work. If an employee reports for work at his regular shift and is sent home for lack of work, he shall be paid for eight (8) hours at the rate to which he would be entitled for his shift. Added P.B. 3/5/68. Section 18. Shift Differential Pay. (Added 3/5/68; Amended P.B. 3/29/68; P.B. 1/16/79; Council Ord. #9343, 9/25/91; Council Ord. #9599, 3/24/93.

(a) Shift Differential

1) An employee assigned to and working a shift beginning between 2:00 pm and 11:00 pm, which is considered the second shift, will be paid a shift differential of seventy-five cents ($.75) per hour for all hours worked on that shift and consecutive hours worked beyond the normal end of that shift.

2) An employee assigned to and working a shift beginning between 11:00 pm and 7:00 am, which is considered the third shift, will be paid a shift differential of one dollar and twenty-five cents ($1.25) per hour for all hours worked on that shift and consecutive hours worked beyond the normal end of that shift.

3) An employee assigned to and working a 12-hour shift beginning between 5:00 pm and 7:00 pm will be paid a shift differential of one dollar ($1.00) per hour for all hours worked on that shift and

11


consecutive hours worked beyond the normal end of that shift

(b) Hourly Premium 1) For classifications, departments, and divisions recognized by the Local 21LA SEIU contract, an employee assigned to and working a shift that includes any hours from 3:00 pm to 11:00 pm will be paid an hourly premium of seventy-five cents ($.75) for each such hour worked on that shift. 2) In the department of Juvenile Services only, an employee assigned to and working a shift that includes any hours from 11:00 pm to 7:00 am will be paid an hourly premium of one dollar and twenty-five cents ($1.25) for each such hour worked on that shift.

*Amended 5/25/94, Res. #35012; Amended P.B. 3/24/15, Res. #51399, 4/4/15. Section 19. Overtime Exemption. Section 7(K) of the FLSA provides a partial overtime exemption for Fire Protection and Law Enforcement personnel. Added P.B. 11/12/86. Employees in public safety, where 7(K) is applied, shall be awarded overtime only on hours worked in excess of 212 hours in a 28 day period for fire employees; and 171 hours in a 28 day period for police employees; sick and vacation time will not be counted as work hours for overtime computations. Added P.B. 11/12/86. Section 20. Compensatory Time. Compensatory time can be awarded to non-exempt employees in-lieu-of cash payment. The maximum amount of compensatory time carried shall be 30 days or 240 hours for non-public safety employees and 60 days or 480 hours for emergency response and public safety employees. Any hours worked by non-exempt employees over these limitations must be paid overtime compensation. Liability exists for compensatory time accrued after April 15, 1986. Added P.B. 11/12/86; Amended P.B 6/21/88; Amended P.B. 3/24/15: Council Res. #51399, 4/4/15. Exempt employees, excluding Executive Exempt employees, will receive compensatory time for hours worked over 40 hours per workweek. For purposes of computing compensatory time, all leave paid, excluding Sick leave, shall be considered normal workdays and applied as hours worked in determining a workweek

period. All time worked in excess of the normal workweek shall be authorized and approved in advance by the appointing authority. Added P.B. 3/24/15: Council Res. #51399, 4/4/15. Section 21. Payment of Compensatory Time at Termination. All compensatory time accrued shall be paid at time of termination, within the accrual limits established by Rule IV, Section 21. Exempt unclassified employees shall not receive any payments for compensatory time. Added P.B. 6/21/88; Amended Council Res. #28666, 5/10/89.

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RULE V. ELIGIBLE LISTS

Section 1. Public Notice of Tests. The Administrator shall give public notice of each entrance test in advance by posting a notice thereof on a bulletin board maintained in or near the office of the Department and in the official Journal of the Parish. 1.1 Content of Official Notice. Each official notice

of a test shall state the title of the position, the time, place and manner of making application for admission to such test, and any other information which the Administrator considers pertinent and useful. (Amended 1/12/77, Parish Res. #13027; City Res. #6426; P.B. 3/29/77; Council Ord. #11864, 10/11/00; P.B. 01/17/01.)

1.2 Other Publicity. The Administrator may also

employ any other method of publicizing tests which he considers appropriate.

Section 2. Admission to Tests. The Administrator shall, subject to the rules, determine the qualifications for admission to any test. Subject to such limitations as to age, physical fitness, education, experience, and other requirements and qualifications, as may be fixed by the rules in the interest of the service, admission to the tests shall be open to all persons who appear to possess the required qualifications and may be lawfully appointed to a position in the class of which a list is to be established. 2.1 Promotions. Vacancies in higher positions in the

classified service shall, as far as practicable, be filled by promotion from lower classes upon the basis of competitive examinations including a consideration of service ratings; provided that in case the Personnel Administrator so determines, with the approval of the Mayor-President, such position shall be filled by competitive examination open not only to persons in the classified service but also to all other qualified persons. The provisions of subsection (d) of Section 9.03 of the Charter, relating to eligible lists, shall be applicable to filling vacancies under this section.

2.2 Deleted by Board 01/17/01 (reference to

residency). 2.3 A person whose employment in the service is

prohibited by any Federal or State law, or Parish or City ordinance shall not be admitted to any examination held under the authority of the Personnel Department.

2.4 Eligibility for Tests. Tests of fitness for original entrance and for promotion shall be open to all applicants who meet the prerequisites established for admission to the tests as specified in the rules or in the public notices of the tests. Such prerequisites may relate to age, sex, health, habits, physical characteristics, experience, moral character, training, education, and other qualifications, and in the case of promotional tests, to service in positions involving experience tending to qualify the candidate for positions of the class sought. (Amended 10/24/51; 8/17/71; Council Ord. #11864, 10/11/00; P.B. 01/17/01.)

Maximum age requirement deleted 5/24/73.

2.5 Oral Administration of Written Tests. The

Personnel Administrator is authorized to approve the oral administration of written tests where it is established to his satisfaction that the candidate on whose behalf the request is made suffers from physical disability which prevents his taking the test in its written form, or where the Administrator is satisfied that the candidate's vocabulary level is such as to make it impossible for him to have a reasonable opportunity to complete the test. No request for the oral administration of a written test shall be approved by the Administrator unless it is made prior to the administration of the written test at its scheduled time; and in no case shall approval be granted for oral administration of a test for classifications of a supervisory nature. (Added 7/11/49, eff. 7/15/49. Amended 6/21/89 Per. Brd.; 8/9/89, Council Res. #29130.)

Section 3. Rejection of Applications. All applications filed for admission to tests of fitness by any person who has been dismissed from the classified service within the last three years shall forthwith be rejected. In addition, the Administrator, subject to the rules, may reject the application of any person for admission to tests of fitness, or refuse to test any applicant, or may cancel the eligibility of any eligible on any employment list, who is found to lack any of the qualifications prescribed as requirements for admission to the tests for the class for which the applicant has applied; or who is physically unfit to perform effectively the duties of a position of the class; or who is addicted to the habitual use of drugs or intoxicating liquors to excess; or who has been adjudged guilty of a crime involving moral turpitude or infamous or notoriously disgraceful conduct; or who has made a false statement of any material fact or has practiced or attempted to practice deception or fraud in completing

13

RULE V. ELIGIBLE LISTS, Contd.

an application, in the examining process or otherwise in securing eligibility for appointment or attempting to do so. (Amended 11/2/82; P.B. 12/17/03.) 3.1 Rejection of Late Applicants. The Administrator

shall reject any application filed after the time fixed for closing receipt of applications as announced in the public notice of the tests, or after a specific number of applications, announced in the public notice of the tests, has been received.

Section 4. Content of Tests. The tests for positions of each class shall be as practical as possible. The tests may include written or oral questions, trials in the performance of work characteristic of the class, inquiries into facts relating to education or experience or accomplishments, and investigations of the records and success attained and of personal characteristics, or any combination of these and other elements duly related to the purposes of the tests. Promotion tests shall be based on the same standards of required qualifications as original entrance tests for the same classes, and the same degree of excellence in the tests shall be required for eligibility. No question shall be so framed as to elicit information concerning the political, factional, or religious opinions or affiliations of an applicant. 4.1 The Administrator may provide for simplified

types of competitive tests, and of procedures for scoring the results thereof, and for establishment of employment lists and certification therefrom in the cases of any classes for which such action seems desirable. (Amended Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.)

4.2 Continuous Examinations. The Administrator

may, subject to these rules, hold examinations for which no final filing date has been set, which will be given on more than one date, and from which the resulting employment list is an open list. In providing means by which continuous examinations for a class of positions shall be held, the Administrator may determine the length of time to elapse before a candidate may reapply for an examination which he failed.

4.3 The Administrator shall, in advance of any

examination, fix the relative score or portion of the final score to be allowed for education, experience, training, personality, the written test, the oral test or other items to be considered in grading the applicant. (Amended Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.)

4.4 Where peculiar and exceptional qualifications of a scientific or professional nature are required and competition through an assembled examination is impracticable, an unassembled examination may be held.

Section 5. Postponement and Cancellation of Tests. In the event that a sufficient number of qualified candidates have not made application for a test, the Administrator may postpone the last filing date and the date of the test, or cancel the test and shall, in each case, make suitable notice thereof. Section 6. Test Scoring Time Limit. The scoring of each test shall be completed and the resulting list established and the notices of results mailed to the candidates not later than sixty (60) days after the date on which the test was held, unless such time is extended by the Administrator for reasons which he shall record in the official records of the Department. (Amended Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.) Section 7. Results of Tests and Veteran's Preference. From the results of the tests for any class, the Administrator shall prepare an employment list for the class, with the names of those persons who have received at least the minimum score required for eligibility placed thereon in order of such score, from the highest to the lowest. (Amended Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.) 7.1 Notice of Test Results. Each person competing

in any test shall be given written notice, sent to his last known address, of his final score and of his grade group on the list, or his failure to attain a place on the list. (Amended Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08. )

7.2 Scores for Classes Lower in a Series Than Those

Applied for or Taken. When examinations are given in a series and the higher examinations include questions on subject matter comparable to that included in the lower examinations, the examinations of competitors who take the higher examination may, with the approval of the Administrator, be scored with reference to eligibility for a lower class in the series, if the competitors have signified their willingness to accept appointments in the lower class. If found eligible, their names may then be entered on the

14


eligible list for the lower class. (Amended Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.)

7.3 Rank of Names on Eligible Lists. A person who

meets the prerequisites established for admission to the examination and is a regular employee on the date he takes an examination, or who is on authorized leave of absence from a classified position on that date, shall be graded on the examination on a promotional and an open competitive basis and his name, if he passes the examination, shall be placed on the appropriate open competitive list and shall remain thereon for the duration of the list, and his standing on the list shall not be affected by any subsequent change in his status.

7.4 Veteran's Preference. Any person who has

served in time of war in the army, navy, marine corps, air force, or coast guard of the United States and has been honorably discharged therefrom shall be entitled to have added to his score in any examination held under the provisions of this chapter ten points on a scale of one hundred if he is eligible for or actually receiving disability compensation, pension, or other benefits from the United States, or five points on a scale of one hundred if he is not so eligible, provided that he shall be within the age limit specified for appointment to the position or class of position for which the examination is held, is physically capable of performing the duties of the position, and attains in the examination without the added points the minimum score prescribed for passage of the examination. (Amended 12/19/67; 2/8/72; Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.)

7.5 Method of Breaking Ties in Scoring. If two or

more eligibles have final scores which are identical, prior standing on the list shall be determined on the following basis, which shall be used in the order named as far as may be necessary to break the tie: (1) persons receiving military preference under Section 7.4 of this Rule; (2) persons receiving seniority credit under Section 8 of Rule VI; (3) eligibles on the reemployment list; (4) applicants who are current residents of East Baton Rouge Parish; (5) persons receiving the higher scores on their written tests; (6) persons receiving the higher scores on performance tests; (7) persons receiving the higher ratings on training and experience; and (8) persons whose completed, official applications were received first in the office of the Personnel Department. (Amended P.B. 1/17/01; Council

Ord. #11864, 10/11/00; Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.)

7.6 When employment conditions warrant, the

Administrator may set forth in the announcement of examinations a maximum number of successful candidates to be placed on the resulting eligible list.

Section 8. Review of Test Results. Each person competing in a test shall be entitled to inspect his score and test papers. A manifest error in scoring a test shall be corrected if called to the attention of the Administrator within one month after the establishment of the list, but the correction shall not invalidate any certification or appointment previously made for the list. (Amended Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.) 8.1 Inspection of Tests. The Administrator shall

keep the test papers and other documents of candidates for examinations available for their inspection for a period of thirty days after the date of notification of test results. Persons requesting an opportunity to inspect their test papers or other documents shall arrange for an appointment during regular office hours in the manner prescribed by the Administrator.

8.2 Appeals from Scores on Tests. Candidates for

examinations may appeal to the Administrator for correction of their scores upon presentation of proof that their examinations have been incorrectly scored or grouped. (Amended Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.)

Section 9. Establishment of Employment Lists. Unless specifically stated in examination announcements, all examinations shall be given on an open competitive basis and employment lists shall be established from the results of the examinations. The lists shall contain the names of all candidates who pass the examination whether or not they are in the classified service. Eligibles shall be ranked on the lists according to their grade groups. (Amended Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.) 9.1 Vacancies in positions of any class above

recognized entrance level classes shall in all cases be filled by certification from eligible lists established as a result of promotional examinations, except that promotional examinations may be omitted when the Personnel Administrator, with the approval of the Mayor-

15


President, determines that the best interests of the Parish and City services will be served by filling the positions by certification from lists established as the result of open competitive examinations.

9.2 The Personnel Administrator may determine, at

his discretion, and announce that any or all examinations shall be given on both a promotional and open competitive basis simultaneously.

9.3 Order of Names on Open Lists. The order of

names on an open list, and the period for which an eligibles name shall remain on an open list, shall be governed by the following:

(1) The list shall remain in force until the latest

eligible entered on the register shall have received six months of eligibility;

(2) At least once in any period of thirty months,

the Administrator may require all persons who have been on the list more than six months to submit new or supplementary applications, shall cause the re-rating of their training and experience if a rating of training and experience was a part of the original examination, and in his discretion may require them to take other tests for the purpose of providing a basis for assigning new ratings on the examinations;

(3) Eligibles shall be listed on the employment

list in accordance with their most recent score on the examination; (Amended Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.)

(4) Failure of an eligible to provide information

or take tests for re-scoring as required by the Administrator shall cause the removal of his name from the list; (Amended Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.)

(5) In no case shall a person's eligibility on an

open list continue for more than three years without a re-scoring on the basis of training and experience or other tests of fitness or both. (Amended Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.)

9.4 Duration of Promotion and Open Competitive

Employment Lists. The Administrator shall, subject to the rules, determine at the time any promotion list or employment list is established

the period during which the list shall remain in force, which shall not be less than six (6) months nor more than three (3) years. The Administrator may extend the period by order made before the expiration of the list, but no list shall be extended to a time more than three (3) years from the original establishment thereof, and a statement of the reasons for any extension shall be entered in the records of the Department. At the discretion of the Administrator, the 6 month minimum eligibility will be waived in the event there exists a significant change in testing or minimum qualifications which would result in an unequal comparison of applicants. (Amended 04/02/07: Council Res. #45406, 03/28/07 & P.B. 02/13/07.)

9.5 Combining Old Employment Lists with New

Ones. When an employment list is established for a class of position for which an employment list of the same type already exists, the names on the old and new lists shall be placed on one list arranged according to examination group. Names from the old list shall be removed from the combined list at the time the old list is allowed to expire. If the name of any individual appears on both the old and the new list, his standing on the combined list shall be determined by the most recent score obtained. (Amended 12/5/72; Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.)

9.6 Selective Certification Lists. Upon the request of

an appointing authority or on his own initiative, the Administrator may establish a sub-list for a part of a class, if in his judgment it is advisable for the good of the service to certify to some positions in the class only eligibles who have qualifications of age, sex, residence, physical characteristics, physical condition, training, experience, specialized knowledge, specialized manual skill, facility in use of a foreign language, possession of a license, possession of paraphernalia equipment or facilities, or other qualifications, which are not required in all positions of the class.

Section 10. Establishment of Reemployment Lists. Before the expiration of one year after the date of separation of a regular employee whose services were terminated for other than action, fault, or delinquency on his part, the employee may require the Administrator to place his name on the reemployment list for the class of position he previously occupied. This may be exercised only three times. After three reinstatements, a former employee must take a new examination, and if

16


successful, will be placed on the open list as provided in Section 9. The Administrator may place the name of the employee on reemployment lists for other classes where no additional or different qualifications are prescribed for original entrance and where the maximum rates of pay are not in excess of the rate for the class he previously occupied; provided the appointing authority shall not be required to appoint the employee at a rate in excess of the original entrance rate for the class for which he is certified for appointment. Persons whose names are on reemployment lists will be certified for appointment as provided for in Section 2, Rule VI. Amended 6/27/51. 10.1 Duration of Reemployment Lists. Unless his

name is removed under the provisions of Section 12 of this Rule, the name of a person placed on a reemployment list shall remain thereon until two years after his classified service was terminated.

Section 11. Establishment of Preferred Reemployment Lists. The name of a regular employee, upon his request, shall be placed on a preferred reemployment list for the class of position he formerly held under the following conditions:

(1) If he is promoted and is required to vacate the position to which he was promoted and cannot be reinstated in his former position because it has been abolished.

(2) When the employee has been granted leave

of absence without pay, or maternity leave and the position no longer exists at the time the leave expires.

(3) When an employee is laid off after

possibilities of transfer have been exhausted. No employee who is on leave of absence without pay or maternity leave shall have the right to have his name placed on the preferred reemployment list until the expiration of the leave originally granted him. No person who has been promoted shall have the right to have his name placed on the preferred reemployment list until he is required to vacate the position to which he was promoted. After an employee who has been promoted has obtained permanent status in the higher class, he shall lose his rights to have his name placed on the preferred reemployment lists for the class of position he formerly held. 11.1 Order of Names on Preferred Reemployment

Lists. Names shall be placed on the preferred

reemployment list at the request of the employee concerned. The names shall be placed on the list in order of length of service and service rating, and the names shall be kept in this order, appropriate changes being made whenever additional persons request the placing of their names on the list. Persons with the longest length of service will be placed at the top of the list, those with higher service ratings ahead of those with lower service ratings. Amended 11/21/51; 1/16/79.

11.2 Duration of Names on Preferred Reemployment

Lists. Unless the name of a person placed on a preferred reemployment list is removed under the provisions of Section 12 of this Rule, it shall remain thereon until two years after his classified service was terminated.

11.3 During the time it is possible to certify an

employee's name from a preferred reemployment list, the appointing authority is prohibited from filling any vacancy in the class in which the employee has preferred reemployment rights without first offering the appointment to the employee and appointing him if he possesses the prescribed qualifications and accepts.

11.4 The person requesting placement of his name on

the preferred reemployment register must have attained a service rating of “meets requirements” before his/her lay off. (Added 11/21/51.) Amended 3/31/70; P.B. 6/19/96; Council Res. #37012, 7/24/96; Amended P.B. 08/04/06 & Council Res. #45078, 09/27/06).

Section 12. Removal of Names from Lists. Names of eligibles may be removed from an eligible list by operation of any of the following causes:

(1) Refusal of appointment which if offered under conditions previously listed by the eligible as acceptable.

(2) Appointment through certification from a list

to fill a permanent position.

(3) Appointment through certification from the eligible list for another class at the same or higher compensation. In such a case, at the request of the appointee, his name may be continued on, or restored to, any or all lists other than the one from which the appointment was made, for the remainder of the period of eligibility on such lists.

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(4) Filing of a statement by the eligible that he is not willing to accept appointment. Such statement of unwillingness may be restricted to a limited period of time, or positions involving other conditions of employment, as specified. The name of an eligible shall then be treated as not available and shall be passed over in certification to fill the vacancy under the conditions specified as though his name did not appear on the list. Any eligible may renew his eligibility at any time during the life of the eligible list by filing a new statement as to the time, place, or other conditions under which appointment will be accepted.

(5) Failure to respond, within the time specified

in the notice, to any inquiry of the Administrator or appointing authority concerning availability for employment.

(6) Failure to report for work after accepting

appointment.

(7) Expiration of the term of eligibility on an eligible list.

(8) Notice by postal authorities of their inability

to locate the eligible at his last known address.

(9) Death of the eligible.

(10) Loss of citizenship.

(11) Review of eligibility of an eligible who is

found to lack any of the qualifications prescribed as requirements for admission to the tests for the class for which he has applied, or who is physically unfit to perform effectively the duties of a position of the class, or who is addicted to the habitual use of drugs or intoxicating liquors to excess, or who has been adjudged guilty of a crime involving moral turpitude or notoriously disgraceful conduct, or who has been dismissed from the public service for delinquency or misconduct, or who has made a false statement of any material fact or has practiced or attempted to practice deception or fraud in his application or in his tests or otherwise in securing eligibility for appointment or attempting to do so.

(12) Failure of an eligible to receive an

appointment after being certified three times

to the same appointing authority. (Amended 6/26/51.)

Section 13. Restoration to Employment List During Working Test Period. If any employee is removed from his position during or at the end of his working test period, and the Administrator determines that he is suitable for appointment to another position, his name may be restored to the list from which it was certified. If the employee was a regular employee in another position in the classified service immediately prior to his appointment, his name shall be placed on the reemployment list for the class of the position in which he was a regular employee. 13.1 Restoration of Name on List in Case of

Resignation. If an employee resigns while serving a working test period, his name shall, upon his request, be returned to the eligible list from which he was certified.

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RULE VI. CERTIFICATION AND APPOINTMENT

Section 1. Request for Appointment. Whenever an appointing authority proposes to fill a vacancy in the classified service, except by demotion, transfer, or reinstatement, he shall submit to the Administrator a statement showing the position to be filled, the class and the duties thereof, and he may also specify the necessary and desirable qualifications of the person to be appointed thereto, and shall request the Administrator to certify the names of persons eligible for appointment to such position. 1.1 Anticipation of Need. Insofar as practicable, the

need for filling a vacancy shall be anticipated sufficiently in advance by the appointing authority to permit the Administrator to determine who, may be available for appointment and, if necessary, to prepare a class specification and to establish a list of eligibles.

Section 2. Certification of Eligibles. The Administrator shall, subject to the rules, thereupon certify to the appointing authority the names of the top three (3) grade groups for the class of the vacant position, provided that residents of East Baton Rouge Parish shall have added to their scores in any examination under the provisions of these rules one (1) residency preference point on a scale of one hundred. (Amended 8/17/71; 5/24/73; Parish Res. #13027; City Res. #6426, dated 1/12/77; Personnel Board 3/29/77; Council Ord. #11864, 10/11/00; P.B. 01/17/01; Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.) 2.1 Methods of Filling Vacancies. Vacancies in

positions in the classified service shall be filled from a preferred reemployment list, reemployment, or by demotion, transfer, reinstatement, promotion, original appointment or temporary appointment, in accordance with the provisions of the Charter and the Rules. Amended Council Ord. #11864, 10/11/00; P.B. 01/17/01.

If there are no persons having preferred reemployment rights for the class, the eligibles certified shall be the highest ranking eligibles willing to accept employment from the appropriate composite competitive employment list containing the names of all candidates who pass the examination, reemployment, promotional and original entrance employment list candidates. (Amended 12/12/89; Council Res.#29561, 12/13/89; Council Ord.#11864, 10/11/00; P.B. 01/17/01.)

Eligibles on the appropriate reemployment list shall be given one reemployment preference point per year of continuous service, up to a maximum of five (5) points on a scale of one hundred. (Amended 12/12/89; Council Res. #29561, 12/13/89; Council Ord. #11864, 10/11/00; P.B. 01/17/01.)

Previous numbered sub-sections (2) and (1) amended and absorbed into Section 2.1, paragraphs 2 and 3 respectively. All names on the appropriate employment list shall be exhausted before names are certified from any other list, but the names certified may be taken from two or more lists, if necessary to make a certification of three eligible groups. (Amended Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.)

2.2 In the absence of an appropriate preferred

reemployment list and when fewer than three grade groups are certified to fill a vacancy, the appointing authority may make his appointment from the groups certified. If he does not wish to make an appointment from the groups certified, the Administrator may authorize him to make a provisional appointment of a qualified person, provided that no such temporary appointment shall be for a longer period than three (3) months and shall not be subject to renewal. (Amended Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.)

2.3 Whenever the name of a person on an eligible list

has been certified three (3) times from the list to the same appointing authority and no appointment of the person has been made, no further certification of that person's name from the list shall be made to the same appointing authority for a period of 18 months beginning on the date the person’s name is entered into the payroll system as being rejected for that position a third time. (Amended P.B. 9/23/10 & Council Res. #48423, 1/26/11.)

Section 3. Appointment. Within thirty (30) working days after names are certified, the appointing authority shall appoint one of those certified to the vacancy which he is to fill. In each case of acceptance of an appointment, the appointment shall become effective as of the date on which the appointee enters upon duty. (Added 12/5/50. Amended Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.)

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RULE VI. CERTIFICATION AND APPOINTMENT, Contd.

Section 4. Reinstatement of a Retirement Beneficiary. A retirement beneficiary who was retired on account of disability shall be reinstated to the position from which he or she retired or to one substantially similar immediately upon receipt by the Department of an official directive to that effect as issued by the Retirement Board or its duly appointed representative, and the rules pertaining to examining and certification shall not apply. The beneficiary shall be notified by certified mail at the address furnished the Department by the Retirement Administrator that a position is available, the location at which he or she is to report for duty, and the date and time that he or she is to report. The Retirement Administrator shall immediately be advised in the event a beneficiary fails to report in accordance with the notification thereof. (Amended 7/8/82.) Section 5. Temporary Appointments. 5.1 Temporary Appointments. When a vacancy is to

be filled in a position of a class for which there are no eligibles available for certification, the appointing authority, with the prior approval of the Administrator, may make a temporary appointment of any person whom he deems qualified. (Amended 8/14/57; 6/7/79.)

5.2 Duration of Temporary Appointments. A

temporary appointment shall never continue for a period in excess of three (3) months and shall not be subject to renewal. (Amended 6/8/76.)

5.3 Termination of Temporary Appointments. The

temporary appointment shall terminate upon the regular filling of the vacancy in any manner authorized under the charter, and in any event, within ten (10) working days after a certification from which appointment can be required hereunder.

5.4 Submission of Applications. Except as is

specifically authorized by the Administrator, every person appointed on a temporary basis shall submit a formal application. The application shall be a condition of employment on a temporary basis and shall be submitted to the Personnel Department in accordance with the requirements established by the Administrator.

5.5 Persons holding temporary appointments shall

not be given preferred rights in any position.

Section 6. Transfer. An employee may be transferred from any position in the classified service to any other position of the same class, or of any other class for which no additional or different qualifications are prescribed for original entrance, on recommendation of the appointing authority and approval of such transfer by the Administrator, but no employee shall be transferred from a position in one organization unit to a position in another organization unit without the consent of the appointing authorities of both units concerned, except as otherwise specifically provided in these Rules. The Administrator shall, continuously and actively interest himself in the possibilities for providing for improvement and economy in the service by means of transfer to effect adjustments of unsatisfactory conditions of employment and to meet variations in the work requirements of different organization units. 6.1 Limitations on Transfers. No employee shall be

transferred from a position in one class to a position in another class of a higher rank or for which there are substantially dissimilar requirements for appointment unless he is appointed to the latter position after certification of his name from a list in accordance with the provisions of these Rules. Any change of any employee from a position in one class to a position in a class of lower rank shall be considered a demotion. An employee thus demoted shall have the right to appeal to the Board.

6.2 Substitute Appointment (Long Term Step-Up

Pay). Whenever the services of an employee are temporarily needed in any other position in the service because the employee occupying the position is on approved leave for four (4) or more weeks, an employee may be placed on a substitute appointment in the position for a period of not less than four (4) weeks but not more than the aggregate of four (4) months within a calendar year. If an employee is placed on substitute appointment in a higher classification, the employee must be deemed eligible for the position by the Department of Human Resources; however, the rules relating to certification, transfer, and demotion shall not apply. When an employee is placed on substitute appointment, his/her pay shall be adjusted by:

(1) Finding the rate in the higher pay range

which is the same or immediately higher than the employee’s current base pay; and

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(2) Advancing the employee’s pay one step, if available, in the new pay range except if the adjustment in number (1) above results in the employee receiving a 3% increase.

The Administrator may, in extenuating

circumstances and upon the request of the appointing authority, permit substitute appointment of an employee in excess of four (4) months for an additional period of not more than two (2) months. (Added P.B. 8/07/08; Council Res. #46490, 9/24/08.)

6.3 Special Assignment of Duties (Short Term Step-

Up Pay). Whenever the services of an employee are temporarily needed due to the absence of another employee of a higher classification for a period of four (4) consecutive hours, an employee may be placed on Special Assignment for a period not to exceed a cumulative total of four (4) weeks or 160 hours in a calendar year per classification. If an employee is placed on Special Assignment, the employee shall receive Special Assignment pay. In order to be eligible for special assignment, the employee must be deemed eligible for the position by the Department of Human Resources; however, the rules relating to certification, transfer, and demotion shall not apply. The employee is deemed to have performed the special assignment only if a majority of the higher level duties are performed by the employee, which shall be determined by the appointing authority. Employees are paid only for hours worked while placed on the Special Assignment. When an employee is placed on special assignment, his/her pay shall be adjusted by:

(1) Finding the rate in the higher pay range

which is the same or immediately higher than the employee’s current base pay; and

(2) Advancing the employee’s pay one step, if

available, in the new pay range except if the adjustment in number (1) above results in the employee receiving a 3% increase.

(Added P.B. 8/07/08 & Council Res. #46490, 9/24/08. Amended P.B. 9/23/10 & Council Res. #48423, 1/26/11.)

Section 7. Conditional Appointments. When a position is temporarily vacated because the incumbent is on authorized leave of absence with or without pay and the appointing authority desires to fill the position for the duration of the leave he must do so by making a conditional appointment of a person by transfer or from an employment list if a list exists for the class of the position. If the position is not filled by transfer and there is no employment list, on which there are three (3) eligibles available and willing to accept the conditional appointments, the appointing authority, with the prior approval of the Administrator may make a temporary appointment of any person whom he deems qualified to fill the position. If an employee is appointed to fill the position of a classified employee on leave of absence, he shall be required to vacate the position when the employee on leave of absence returns. If said employee was appointed on a conditional basis by transfer he shall be reinstated in his former position when the employee on leave of absence returns. If the employee was appointed on a conditional basis through certification from an employment list he shall retain all rights he may have acquired by virtue of his service under the conditional appointment including, if he has completed his working test period, the right to have his name placed on a reemployment list, or if he has not completed his working test period the right to have his name placed on the employment list from which his name was certified for conditional appointment, if such list exists. He shall also be subject to all other provisions of these Rules not inconsistent with this paragraph. (Amended 6/7/79.) 7.1 Appointments on a Conditional Basis. To carry

out the purposes of these Rules relative to conditional appointments, any person appointed to a position in an organization unit subsequent to the date that an employee is granted official leave from that class shall be considered to be a conditional appointee. If and when it is necessary to lay off an employee who has been on official leave, the appointing authority may, subject to the Rules lay off any person who was appointed to a position in that class subsequent to the date the person being reinstated was placed on official leave.

Section 8. Preference Over Other Applicants. All regular, full-time employees of the Parish of East Baton Rouge and the City of Baton Rouge at the effective date of the Charter, shall be given preference over all other applicants in the determination of eligible lists for the classes to which their positions are allocated, as provided in Section 9.09 of Chapter 9 of

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the Charter, by having added to their score in any examination held under the provisions of these rules one seniority preference point per year of continuous service, up to a maximum of five (5) points on a scale of one hundred, provided they are found to possess the qualifications as to education, age, and physical condition, required by the Personnel Board for the admission of candidates to competitive examination for the class of position concerned, and attains in the examination without the added points the minimum score prescribed for passage of the examination. (Amended 12/12/89; Council Res. #29561, 12/13/89; Council Ord. #11864, 10/11/00; P.B. 01/17/01; Plan of Gov’t 10/20/07; Council Res. #46490, 9/24/08.) Section 9. Request for Selective Certification. When an appointing authority deems that a person appointed to a position should possess special qualifications over and above those already prescribed for the class, he shall submit evidence satisfactory to the Administrator that the position to be filled warrants such certification. The Administrator shall consider each request for selective certification on the basis of the facts in that particular instance, rather than on a basis of precedent from other instances. The burden of proof shall be on the appointing authority to prove to the satisfaction of the Administrator that selective certification is warranted. The Administrator may consider the cost of giving a special examination as a factor in determining whether selective certification is warranted. When the request for certification is granted, certification shall be made from the list in the order prescribed in Section 2.1 of this Rule, except that only those persons who have the required special qualifications shall be certified. Section 10. Temporary Promotions. (Added 8/5/75.) A temporary promotion/appointment from a lower to a higher position made necessary by reason of a significant increase in the duties and responsibilities of any position for work demands of a temporary nature exceeding thirty (30) days and not considered seasonal shall be filled from the appropriate list of eligibles. The name of any employee so appointed in temporary status shall remain on the eligible register so long as the position remains temporary, the register remains valid, or the employee earns probationary status in a permanent position. Said promotions will terminate with the return to normality of the duties and responsibilities of the position. An employee promoted on a temporary basis shall retain all rights acquired by virtue of service under the temporary promotion including, if having completed a

working test period, the right to be placed on a reemployment list. Work performed as required training for higher positions is specifically exempted from and is inconsistent with the intent of this part. Section 11. Emergency Appointments. (Added 6/7/79; amended 12/12/81.) When an emergency exists requiring an appointment to be made before action therefore can be taken under any other provision of these rules, an emergency appointment may be made of any qualified person to serve until the position involved can otherwise be filled under the provisions of these rules or until the emergency no longer exists. The authority hereunder for such emergency appointment is conditioned on a prompt report thereof to the Administrator at the time the appointment is made, in no case later than the working day following the appointment. An emergency appointment may not be made for a period longer than 45 calendar days; however, if the emergency condition continues to exist beyond the initial 45 day period, the employee may be given one (1) additional 45 day emergency appointment with the approval of the Administrator. Any extension of an emergency appointment beyond the 90 days provided for above may be made only:

(1) If approved by the Personnel Board following receipt of written justification satisfactory to the Board furnished by the department head requesting such extension;

AND

(2) If the Metropolitan Council, following a

review of the written request of the department head, considers such extension justifiable and approves the same.

Any action by the Council as herein provided shall be taken only if prior approval has been obtained from the Personnel Board. (Amended Council Ord. #7827, 04/10/85.)

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RULE VII. WORKING TEST

Section 1. Working Test. Every person appointed to a position in the classified service after certification of his name from an original entrance employment list or a promotion list shall be tested by a working test while occupying the position. 1.1 Duration of Working Test. The period of the

working test shall commence immediately upon appointment and shall continue for six (6) months. Amended 2/3/59.

1.2 Deleted 2/3/59. Section 2. Interruption of Working Test. If an employee is laid off during a working test period and subsequently reappointed from the eligible list by the appointing authority, he shall be given credit for the portion of the working period completed before he was laid off. 2.1 If an employee resigns during a working test

period, all credit for the portion of the working period completed before he resigned shall be canceled.

2.2 If an employee is promoted, while serving a

working test period, to a position of a higher class in the same department, he shall continue to serve his working test in the position from which promoted and upon completion of six (6) months satisfactory combined service in the two positions he shall acquire full or regular status in the lower class; but if he has been promoted as a result of certification from a promotion list, he must also service a working test period in the new position, duration of which shall not be less than six (6) months from the time he was promoted. (Correction made 10/10/49; amended 2/3/59.)

Section 3. Evaluation of Employee Performance. At such time during the working test period and in such manner as the Administrator may require, the appointing authority shall report to the Administrator his observation of the employee's work, and his judgment as to the employee's willingness and ability to meet the requirements of the position, and as to his habits and dependability. (Amended P.B. 08/04/06 & Council Res. #45078, 09/27/06).

Section 4. Removal of Employee During Working Test Period. 4.1 Removal by Appointing Authority After One (1)

Month. At any time during his working test period, after the first month thereof, the appointing authority may remove an employee if, in the opinion of the appointing authority, the working test indicates that the employee is unable or unwilling to perform his duties satisfactorily or that his habits and dependability do not merit his continuance in the service.

4.2 Removal by the Appointing Authority Within the

First Month. The appointing authority may remove an employee within the first month of his working test period only with the approval of the Administrator.

4.3 Limitation on Number Removed During Working

Test Period. No more than three (3) employees shall be removed successively by the appointing authority from the same position during their working test periods without the approval of the Administrator.

4.4 Removal by the Board. The Board may order the

removal of an employee during his working test period if it finds, after giving him notice and an opportunity to be heard, that the employee was appointed as a result of fraud or error.

Section 5. Certification at Close of Working Test Period. Ten (10) calendar days prior to the expiration of an employee's working test period, the appointing authority shall notify the Administrator in writing whether the services of the employee meets the requirements of the position, and whether he will continue the employee in his position. A copy of such notice shall be given to the employee ten days prior to the expiration of the employee's working test period. Upon receipt by the Administrator of a favorable report, the appointment of the employee shall be deemed to be complete at the expiration of the working test period. Failure of an appointing authority to give ten days notice to the Administrator with a copy to the employee shall have the same force and effect as a “meets requirements” rating. (Amended P.B. 08/04/06 & Council Res. #45078, 09/27/06).

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RULE VIII. SERVICE RATINGS

Section 1. Establishment of System. In accordance with the provisions of Section 9 of the Plan of Government of the City of Baton Rouge and Parish of East Baton Rouge, the Performance Management Appraisal System for employees under the jurisdiction of the Department of Human Resources is hereby reaffirmed. The original service rating established under Rule VIII, dated March 22, 1949, was revoked and a uniform personnel rating system established, effective March 31, 1952. The Service Rating System established March 31, 1952 is hereby revoked and a Performance Management Appraisal System, implemented October 1, 2006 for training purposes, established, effective January 2, 2007. (Amended P.B. 8/4/06 & Council Res. #45078, 9/27/06); P.B. 9/23/10 & Council Res. #48423, 1/26/11). Section 2. Standards of Performance and Annual Performance Rating. The standards of performance shall be a four (4) Tier Rating Scale. (Amended 3/31/70; P.B. 6/19/96 & Council Res. #37012, 7/24/96; P.B. 8/4/06 & Council Res. #45078, 9/27/06; P.B. 9/23/10 & Council Res. #48423, 1/26/11.) Exceeds Requirements (4) - This rating indicates that the employee consistently exceeds the criteria and standards of job performance. The employee also seeks, accepts and performs other assignments at a level exceeding the highest standards. (Added P.B. 08/04/06 & Council Res. #45078, 09/27/06). Meets Requirements (3) - This rating indicates that the employee clearly and consistently meets the criteria and standards of job performance. (Added P.B. 08/04/06 & Council Res. #45078, 09/27/06). Needs Improvement (2) - This rating indicates that the employee fails to meet some of the requirements, criteria and standards of job performance. (Added P.B. 08/04/06 & Council Res. #45078, 09/27/06). Poor (1) - This rating indicates that the employee clearly fails to meet the criteria and standards of job performance. (Added P.B. 08/04/06 & Council Res. #45078, 09/27/06). Section 3. Process of Service Ratings for Regular Employees. (Added P.B. 9/23/10 & Council Res. #48423, 1/26/11.)

Regular employees shall receive an annual performance rating under the Performance Management Appraisal

System, which is a three (3) phase process beginning with a performance planning session, followed by a mid-year review and ending with a year-end performance rating. 3.1 Performance Planning Session. The immediate

supervisor shall meet with the employee prior to January 31st of each year to develop yearly performance expectations, as specified in the Performance Management Appraisal System Handbook.

3.2 Mid-Year Performance Review. The immediate

supervisor shall meet with the employee between June 1st and June 30th to review performance up to that date, as specified in the Performance Management Appraisal System Handbook. Due to the annual summer break, Head Start employees will be processed one month earlier. Head Start supervisors shall meet with their employees between May 1st and May 31st to review performance up to that date.

3.3 Year-End Performance Rating. The immediate

supervisor shall meet with the employee between November 1st and November 30th to issue the Year-End Performance Rating, as specified in the Performance Management Appraisal System Handbook.

3.4 Notification.

A. A copy of the Performance Service Rating

Form must be filed with the Department of Human Resources on or before December 15th.

B. A copy of the Performance Service Rating Form shall be furnished to the employee on or before the date which the copy is filed with the Department of Human Resources.

Section 4. Process of Service Ratings for Probationary, Transfer and Exiting Employees. (Added P.B. 9/23/10 & Council Res. #48423, 1/26/11.) 4.1 At least ten (10) calendar days prior to the end of

an employee’s working test period, the immediate supervisor shall complete the Probationary Employee Rating Form with a pass or fail rating. The original form must be retained in the office of the rating department, with a copy provided to the employee and a copy filed with the Department of Human Resources ten (10)

24

RULE VIII. SERVICE RATINGS, Contd.

calendar days prior to the end of the employee’s working test period.

4.2 When the employee transfers, regardless of the reason for transferring, if service has been for more than six (6) months, the employee must be closed out of their current performance appraisal in that position and a new performance appraisal established in the new position. The immediate supervisor shall complete the Performance Service Rating Form and Performance Appraisal Rating Form. The original copy of the Performance Service Rating Form must be retained in the office of the rating department, with a copy provided to the employee and a copy must be filed with the Department of Human Resources within ten (10) days of the date of transfer. The original copy of the Performance Appraisal Form shall be retained in the office of the rating department with a copy provided to the employee.

4.3 When the employee leaves the service, regardless of the reason for leaving, if service has been for more than six (6) months, the Performance Appraisal Form and the Performance Service Rating Form shall be completed. The originals shall be retained in the office of the rating department. A copy of the Performance Service Rating Form must be provided to the employee and a copy must be filed with the Department of Human Resources within ten (10) days of the date of termination.

Section 5. Use of the Service Rating. (Amended & added P.B. 8/4/06 & Council Res. #45078, 9/27/06). 5.1 A rating of Exceeds Requirements (Level 4)

makes an employee eligible for a one (1) step merit increase for a twelve (12) month rating period and performance recognition. A method of performance recognition for this rating may be approved by the Human Resources Director on an annual basis. (Added P.B. 8/4/06 & Council Res. #45078, 9/27/06. Amended P.B. 9/23/10 & Council Res. #48423, 1/26/11.)

5.2 A rating of Meets Requirements (Level 3) makes

an employee eligible for a one (1) step merit increase in a twelve (12) month rating period. (Added P.B. 08/04/06: Council Res. #45078, 09/27/06).

5.3 A rating of Needs Improvement (Level 2) makes

an employee ineligible for a one (1) step merit increase, or consideration for promotion or

transfer until such time as they are re-rated. The employee shall be re-rated in six (6) months.

Upon re-rating, an employee who improves their job performance by advancing to a higher rating level may be eligible for a one (1) step merit increase, may be considered for promotion, and may be allowed to transfer only within his or her department for the remaining six (6) months of the rating period.

Upon re-rating, an employee who does not improve their job performance will not receive the one (1) step merit increase and will not be considered for promotion for a period of twelve (12) months from the initial rating; however, he or she will be allowed to transfer only within his or her department for the remaining six (6) months of the rating period. (Added P.B. 08/04/06 & Council Res. #45078, 09/27/06).

5.4 A rating of Poor (Level 1) makes an employee

ineligible for a one (1) step merit increase, transfer or consideration for promotion for a twelve (12) month period from the date of the rating. The employee shall be re-rated in ninety (90) days.

Upon re-rating, an employee who improves their job performance by advancing to a higher rating level shall remain employed but will remain ineligible for a one (1) step merit increase, transfer or consideration for promotion for the remainder of the rating period.

Upon re-rating, an employee who does not improve their job performance by advancing to a higher level shall forthwith be dismissed by the appointing authority in accordance with Rule X, Disciplinary Actions and Separations. (Added P.B. 08/04/06 & Council Res. #45078, 09/27/06).

Section 6. Records of System. (Amended P.B. 08/04/06 & Council Res. #45078, 09/27/06). The Performance Management Appraisal System for the City of Baton Rouge, Parish of East Baton Rouge shall be maintained and kept in written form in an appropriate record book by the Department of Human Resources. Copies of the performance appraisal and service rating forms are to be retained on each individual. The Department of Human Resources may inspect the rules and records of the system for the purpose of making a study of the system and may direct changes in the system for the sake of efficiency and

25

RULE VIII. SERVICE RATINGS, Contd.

uniformity in the service. (Added P.B. 08/04/06: Council Res. #45078, 09/27/06). 6.1 The reports and records of the ratings of each

employee may be inspected by him/her or their duly authorized representative, by members of the Department of Human Resources, and at the discretion of the Human Resources Director, by any other appointing authority who is considering a transfer of the employee to his own jurisdiction, the employee's appointing authority, and the employee's supervisors. (Amended P.B. 6/19/96 & Council Res. #37012, 7/24/96.)

Section 7. Appeals of Employee Service Ratings. (Amended P.B. 8/4/06 & Council Res. #45078, 9/27/06; P.B. 9/23/10 & Council Res. #48423, 1/26/11.) 7.1 In accordance with Rule X, Section 3, an

employee’s service rating of Poor may be appealed to the Personnel Board. Service Ratings of Exceeds Requirements, Meets Requirements or Needs Improvement shall follow Rule XI, Section 1.4 whereby an employee may request an appeal to the Personnel Board after having concluded all of the outlined steps without resolving the matter to the satisfaction of the employee involved. (Added P.B. 8/4/06 & Council Res. #45078, 9/27/06. Amended P.B. 9/23/10 & Council Res. #48423, 1/26/11.)

7.2 Service Ratings Appeal Process. The rules for the Personnel Board's hearing of service rating appeals which supersede any conflict to Rule XI, are as follows: (Amended P.B. 6/19/96 & Council Res. #37012, 7/24/96; P.B. 9/23/10 & Council Res. #48423, 1/26/11.)

A. All "Poor" service ratings are appealable

directly to the Personnel Board. A written appeal must be on file in the Department of Human Resources no later than ten (10) calendar days from the employee’s receipt of notification by the appointing authority of their Performance Service Rating. (Amended P.B. 9/23/10 & Council Res. #48423, 1/26/11.)

B. Any appeal other than a “Poor” service rating may be processed in accordance with Rule XI, Section 1.4. (Added P.B. 9/23/10 & Council Res. #48423, 1/26/11.)

7.3 Service Ratings Appeal Determination.

A. In either process, the employee must present a prima facie case, raising enough concern by the Board that his/her rating was rendered as a result of the following: (1) bias, based on non-job performance

factors; (2) other action constituting an abuse of

supervisors discretion; (3) other personal matters not related to the

job, i.e., political reasons. (Amended P.B. 9/23/10 & Council Res. #48423, 1/26/11.)

B. Should the employee fail to meet its burden

of proof, the Board shall take no action and the rating shall remain the same. (Amended P.B. 08/04/06 & Council Res. #45078, 09/27/06).

C. Should the employee meet its burden of

proof, the Board shall grant the employee a hearing on the matter. If the Board rules in favor of the appointing authority the rating shall remain the same. If the Board rules in favor of the employee, then the Board shall recommend a rating. Written reasons shall be provided to the appointing authority upon request. (Added P.B. 08/04/06 & Council Res. #45078, 09/27/06).

D. If the appointing authority refuses to adopt

the recommendation of the Board, the appointing authority must appear before the Board to show cause why the recommendation should not be accepted and may be cited for contempt.

E. If the Board fails to find that the appointing

authority has given sufficient reasons to justify a rejection of the recommendation, the Personnel Board may then change the rating to that rating it feels justified.

F. Any appeals regarding these matters must be

taken to the 19th Judicial District Court within thirty (30) days of a final Board Decision that aggrieves the appellant.

G. Any person who refuses to adhere to an

order or decision after all delays have elapsed may be cited for contempt. If a person is ruled before the Board and found to be in contempt, the Board may determine what sanctions or penalties should apply.

26

RULE IX. HOURS OF WORK, VACATION TIME, AND LEAVES OF ABSENCE

Section 1. Hours of Work. Each appointing authority shall establish a schedule of normal working hours for its employees. Any schedule which does not constitute a forty (40) hour "workweek" or is irregular shall be submitted to the Board. The Board shall approve said schedule where the schedule is in the public interest. (Amended P.B. 3/2/60; P.B. 8/17/82; P.B. 12/13/93; Council, 1/26/94, Res. #34705.) Section 2. Leave: General. The following provisions shall apply to the specified types of leave. (Amended P.B. 12/13/93; Metro Council, 1/26/94, Res. #34705.) Section 2.1 Leave Tables. A. Vacation, Sick and Family/Medical Leave shall be earned by classified employees in accordance with the

following table: (Amended P.B. 3/6/50, 6/28/56, 2/3/59, 8/10/70, 3/23/71, 8/21/73, 1/16/79, 9/26/89; Council Ord.#295034, 11/22/89; P.B. 12/13/93; Metro Council, 1/26/94, Res. #34705; Amended P.B. 3/24/15: Council Res. #51399, 4/4/15.)

Scheduled Annual Hours Hours Per Work Week Sick and Vacation Accrual Table

Family & Medical Leave Hours*

520 10 A 0***

1040 20 B 0***

1560 30 C 360

2080 40 D 480

2184 42** E 504

F ****

* Must have worked 12 months of continuous employment and a minimum of 1,250 hours in the preceding year.

** Average hours

*** Unless otherwise qualified as an “eligible employee”.

**** Dependent on Hours Per Workweek.

27

RULE IX. HOURS OF WORK, VACATION TIME, AND LEAVES OF ABSENCE, Contd.

B. Employees hired prior to April 4, 2015 shall earn Sick leave and Vacation leave in accordance with Accrual Tables A – E. Employees hired on or after April 4, 2015 shall earn Vacation leave in accordance with Accrual Tables A – E. Employees hired on or after April 4, 2015 shall earn Sick leave in accordance with Accrual Table F. (Amended P.B. 3/24/15: Council Res. #51399, 4/4/15.)

LEAVE ACCRUAL TABLES

TABLE A

(10-hour workweek)

Number Of

Years

Annual Accrual (in Hours)

0 - 2

24

3 - 4

30

5 - 9

36

10 - 14

42

15 +

48

TABLE B

(20-hour workweek)

Number Of

Years


0 - 2

48

3 - 4

60

5 - 9

72

10 - 14

84

15 +

96

28


LEAVE ACCRUAL TABLES, Contd.

TABLE C

(30-hour workweek)

Number Of

Years


0 - 2

72

3 - 4

90

5 - 9

108

10 - 14

126

15 +

144

TABLE D

(40-hour workweek)

Number Of

Years


0 - 2

96

3 - 4

120

5 - 9

144

10 - 14

168

15 +

192

29


LEAVE ACCRUAL TABLES, Contd.

TABLE E

(42-hour workweek)

Number Of

Years


0 - 2

101

3 - 4

126

5 - 9

151

10 - 14

176

15 +

202

SICK LEAVE ACCRUAL TABLE (Employees hired on or after April 4, 2015)

TABLE F

Workweek (in Hours)


10

24

20

48

30

72

40

96

42

101

30


Section 2.2 Leave Accrual. A. Vacation and Sick leave shall be accrued on a

pay period basis and are not earned until the end of the pay period. In order to compute the accrual of leave per pay period, the annual accrual (set forth in the applicable table in Section 2.1) shall be divided by the number of pay periods per year. (Amended P.B., 12/13/93; Metro Council, 1/26/94, Res. #34705; Amended P.B. 3/24/15: Council Res. #51399, 4/4/15.)

B. The ratio of leave earned by employees shall be

equivalent to the hours worked by such employee in proportion to a forty (40) hour work week. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.)

C. Employees shall accrue leave during all periods

of absences from work due to paid leave. Employees shall not accrue leave during all period of absences from work due to unpaid leave, worker's compensation, or periods of suspension. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.)

Section 2.3 Holiday During Leave. Any regular or special holiday falling within the leave period shall not count as a day of leave. An employee shall be credited with holiday pay for the regularly scheduled hours, without regard to "flex" time schedules, falling on the "holiday" itself. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705) Section 2.4 Continuous Service. A. Continuous service with a "recognized agency"

of the Parish of East Baton Rouge or the City of Baton Rouge shall be considered in determining the amount of leave for which an employee is eligible. An employee who has left the service because he or she has voluntary resigned, "quit without notice," or been dismissed for cause shall be considered as having interrupted service so that the employee's continuous service shall be computed from the date on which the employee last entered the service of the parish or city. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.)

B. Where an employee has been laid off through no

fault of his or her own and subsequently re-employed (by certified preferred re-employment) within one year, the period of absence shall not

cause the employee to lose his or her prior service credit, but neither shall it be counted in computing the employee's continuous service. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705)

C. The period of absences from work due to

authorized leave of less than two (2) months duration, funeral leave, civil leave, military leave, family/medical leave, vacation leave, sick leave, periods of suspension less than two (2) months duration, or worker's compensation shall not interrupt the employee's continuous service nor shall they be deducted from his or her service. However, periods of absences from work due to authorized leave without pay of two (2) months or more or periods of suspension of two (2) months or more shall be deducted from the employee's continuous service. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.)

Section 3. Vacation Leave. Vacation periods provided for in Section 2.1 of this Rule are granted classified employees for the purpose of rehabilitation, restoration, and maintenance of work efficiency. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.) Section 3.1 Eligibility. Vacation leave is leave with pay and shall be taken by an employee at the time or times requested by the employee and approved by the appointing authority. No vacation leave shall be earned until the employee has been employed for ninety (90) days. After ninety (90) days the employee shall be eligible for leave and shall be credited with vacation leave retroactive to the date of employment. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.) Section 3.2 Maximum Accrual. An employee may accumulate vacation time up to the maximum that is equivalent to the number of vacation days which can be earned by that employee during his or her most recent five years of employment, not to exceed one-hundred twenty (120) days. Once accumulated vacation time reaches that maximum, no further vacation time is earned until the employee uses vacation time and reduces his or her accumulated vacation time to an amount less than the maximum, at which time accumulation will commence again subject to the maximum. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.)

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Section 3.3 Recall. If an employee is required to work during a scheduled or approved vacation period, that employee shall be paid for hours worked during the scheduled vacation at the rate of one and one-half times the employee's regular rate and the employee's vacation will be rescheduled. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.) Section 3.4 Payment/Credit. A. Upon termination of employment for any reason,

the employee (or in case of death, the employee's heirs or estate) shall be entitled to be paid for all accrued but unused vacation time subject to the maximum set forth in Section 3.2 herein. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.)

B. An employee who is eligible for retirement

benefits may exercise the option to convert such time to retirement credits in accordance with the ordinance governing the Retirement System benefits of the City of Baton Rouge/Parish of East Baton Rouge and subject to the maximum set forth in Section 3.2 herein. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705; Amended P.B. 3/24/15: Council Res. #51399, 4/4/15.)

Section 4. Sick Leave. Sick leave means absence from duty because of an employee's illness, injury, hospitalization, exposure to a contagious disease, or for a medical or dental appointment; or because of an "immediate family" member's illness, injury, hospitalization, exposure to a contagious disease, or for a medical or dental appointment. Illness and/or hospitalization shall include time necessary for the birth of a child and the period preceding and following said birth for which the employee is not released to return to work by the treating health care provider. Sick leave shall begin to accrue from the most recent date of hire. (Amended P.B. 12/13/93; Metro Council, 1/26/94, Res. #34705; P.B. 8/07/08; Council Res. #46490, 9/24/08.) Section 4.1 Notification, Verification, and Return to Work. (Added P.B. 8/07/08; Council Res. #46490, 9/24/08.)

A. Notification.

1. An employee shall be allowed to use sick leave in accordance with established departmental rules.

2. If sick leave is used in accordance with a

scheduled medical or dental appointment, a scheduled surgery, planned medical treatment or birth of a child, the employee shall provide the Appointing Authority with thirty (30) days written notification, if possible.

3. When an employee does not return to work

after their approved sick leave period has ended and the employee is not on approved Family Medical Leave or approved Unpaid Sick Leave and the employee has not requested additional leave from his/her supervisor before their approved return to work date, the Appointing Authority shall give the employee written notification via certified mail, return receipt requested or hand-delivery, that states the employee is considered to have abandoned the position. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.)

4. An employee who has taken approved sick

leave shall file with his or her Appointing Authority a leave request form upon their return to work or within one workweek from the first day of sick leave, whichever occurs first, stating the cause of absence and the amount of time taken. The cause may be described as either: a.) personal injury (non-work related) b.) personal illness c.) immediate family illness d.) doctor visit (employee or immediate

family member)

B. Verification.

1. If the Appointing Authority deems it necessary, the Appointing Authority may require verification for the use of sick leave at any time. The Appointing Authority shall require verification from the employee if the leave requested exceeds five (5) consecutive days.

32


2. Re-verification every thirty (30) days may also be required during the leave period.

3. If the City has reason to doubt the validity of

the verification provided by the treating health care provider, the City may require, at the City’s expense, the opinion of a second health care provider approved by the City.

C. Return to Work.

1. A release by a health care provider indicating that the employee is physically able to return to his or her duties may be required if the Appointing Authority deems necessary.

2. If the Appointing Authority has reason to

doubt the validity of the release provided by the treating health care provider or if there are any conditions or restrictions on the release, the Appointing Authority may require, at the City’s expense, the opinion of a second health care provider approved by the City. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.)

Section 4.2 Unpaid Sick Leave. A. If all accumulated sick leave is exhausted prior to

the time a regular employee is able to return to work, the Human Resources Director may, after consultation with and approval of the appropriate Appointing Authority and upon the written request of an employee, grant the employee up to eight (8) weeks of unpaid sick leave within a calendar year, whenever such leave is considered to be in the best interest of the service. (Amended P.B. 8/07/08; Council Res. #46490, 9/24/08.)

B. If an employee is eligible for Family Medical

Leave (FML), FML must be exhausted by the employee prior to requesting unpaid sick leave. (Amended P.B. 8/07/08; Council Res. #46490, 9/24/08.)

C. When an employee does not return to work at the

expiration of their approved unpaid sick leave and is not on approved family/medical leave, the employee shall be considered as having abandoned his or her position and notified in accordance with Section 4.1 (A.3) of the rule. (Amended P.B. 12/13/93; Metro Council, 1/26/94, Res. #34705; P.B. 8/07/08; Council Res. #46490, 9/24/08.)

Section 4.3 Exhaustion of Sick Leave.

An eligible employee may exhaust all sick leave prior to taking Family Medical Leave without pay under Section 9. (Added P.B. 8/07/08; Council Res. #46490, 9/24/08.) Section 4.4 Workers' Compensation. If an employee is entitled to workers' compensation, he or she shall be entitled to use accrued sick leave to supplement the workers' compensation payments in the amount necessary to raise his total payment of workers' compensation plus sick leave to the amount he or she was being paid at the time he or she became eligible for workers' compensation. An employee is also entitled to use accrued sick leave during the time he or she is in a waiting period for workers' compensation. If the employee completes the waiting period and is reimbursed by workers' compensation for the applicable portion of the period, his accrued sick leave shall be credited with the reimbursed amount. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.) Section 4.5 Payment of Accrued but Unused Sick Leave. A. For purposes of determining payment for accrued

but unused sick leave upon retirement, death, or layoff, the following rules shall apply: (Amended 1/23/67; 3/5/68; 8/21/73; 10/11/77, effective 9/21/77; 1/16/79; 7/19/84; 6/21/89; 8/9/89, Council Res. #29131; 3/17/93, P.B.; 3/24/93, Res. #33821.

1. Employees who have not yet entered the

Deferred Retirement Option Plan (D.R.O.P.), and those in the D.R.O.P. who elected the 2:1 option, shall accrue sick leave in accordance with the schedule set forth in *Subsection 2.1(b) of Rule IX. (Added 3/17/93, P.B.; 3/24/93, Res. #33821.)

2. Employees in the D.R.O.P. who elected the

1:1 option shall accrue sick leave at the rate of 33.33 percent of the rate set forth in *Subsection 2.1(b) of Rule IX for 15 plus year employees. (Added 3/17/93, P.B.; 3/24/93, Res. #33821; Amended P.B. 3/24/15: Council Res. #51399, 4/4/15.)

* Correction 06/04/97.

33


3. Employees shall not accrue sick leave for the purposes discussed in this Subsection 4.5(a) after completion of the D.R.O.P. (Added 3/17/93, P.B.; 3/24/93, Res. #33821; Amended P.B. 3/24/15: Council Res. #51399, 4/4/15.)

4. All sick leave actually used (i.e., all time the

employee actually takes off with pay under sick leave rules) shall be deducted from accrued sick leave for purposes of determining the amount to be paid upon retirement, death, or layoff. (Added 3/17/93, P.B.; 3/24/93, Res. #33821.)

5. Payment for sick leave accrued under this

Subsection 4.5(a) is subject to the limitations set forth in Subsections (b) and c) below. (Added 3/17/93, P.B. 3/24/93, Res. #33821; Amended P.B. 3/24/15: Council Res. #51399, 4/4/15.)

B. When an employee (1) is laid off through no fault

of the employee after having completed six months of continuous service, or (2) retires, the employee shall be paid as severance pay for some or all unused sick leave days in accordance with the following formula: 120 8-hour days minus accumulated vacation days for which he is paid on layoff, discharge or retirement equals maximum days of unused sick leave days for which payment will be made. (Added 3/17/93, P.B.; 3/24/93, Res. #33821.)

C. When an employee dies, his designated heirs or

estate shall be paid for some or all unused sick leave days in accordance with the following formula: 168 8-hour days minus accumulated vacation days for such payment is made on death equals maximum number of unused sick leave days for which payment will be made. (Added 3/17/93, P.B.; 3/24/93, Res. #33821.)

D. At the time an employee retires or elects to go on

the D.R.O.P., whichever comes first, any unused sick leave accrued under Subsection 4.5(a) for which the employee is not paid shall be credited toward the employee's retirement service in accordance with the ordinance governing the Retirement System benefits of the City of Baton Rouge/Parish of East Baton Rouge. (Added 3/17/93, P.B.; 3/24/93, Res. #33821; Amended P.B. 3/24/15: Council Res. #51399, 4/4/15.)

E. Employees shall not be entitled to pay for

accrued but unused sick leave except as provided

in Subsections 4.5(a), (b) and (c) above. (Added 3/17/93, P.B.; 3/24/93, Res. #33821.)

Section 4.6 Maximum Accrual. An employee hired on or after April 4, 2015 may accumulate sick time up to a maximum of 480 hours. Once accumulated sick time reaches that maximum, no further sick time is earned until the employee uses sick time and reduces his or her accumulated sick time to an amount less than the maximum, at which time accumulation will commence again subject to the maximum. (Added P.B. 3/24/15: Council Res. #51399, 4/4/15.) Section 5. Civil Leave. Civil leave without loss of pay shall be granted when an employee is performing jury duty in any local, state or federal court, or is serving as an election commissioner in either a primary or general election. If an employee is subpoenaed to appear before a court, public body, commission, or board, regarding his or her performance of duties with the City-Parish, or if a subpoena is issued on behalf of a governmental entity i.e. a district attorney, federal prosecutor, or a court of competent jurisdiction, the employee will be granted civil leave without loss of pay. If an employee is subpoenaed to appear in a personal matter the employee may elect to use accrued vacation leave or be allowed leave without pay. Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705; P.B. 12/17/03. Section 6. Leave of Absence Without Pay. A. The Human Resources Director may, after

consultation with the appropriate appointing authority, and upon the written request of an employee, who is not on sick leave or FML, grant the employee leave of absence without pay for a period not to exceed two (2) consecutive months in any twelve (12) month period whenever such leave is considered to be in the best interest of the service. (Amended P.B. 12/13/93; Metro Council, 1/26/94, Res. #34705; P.B. 8/07/08; Council Res. #46490, 9/24/08.)

B. Educational Leave of Absence Without Pay:

1. The Human Resources Director may, upon the written request of an employee with five (5) or more years of continuous service and approval of the appropriate Appointing Authority, grant an employee leave from the classified service in order to pursue educational, professional or charitable

34


endeavors, if it is considered to be in the best interest of the service. The leave shall not exceed twelve (12) consecutive months. (Amended P.B. 12/13/93; Metro Council, 1/26/94, Res. #34705; P.B. 8/07/08; Council Res. #46490, 9/24/08; P. B. 11/14/12; Metro Council, 02/13/13, Res. #49932.)

2. An eligible employee requesting such leave

shall provide adequate documentation, such as but not limited to, an acceptance letter, an enrollment letter or form, or proof of payment of enrollment in an accredited college or university program, to the Human Resources Director at the time the request is made by the eligible employee. (Amended P.B. 8/07/08; Council Res. #46490, 9/24/08.)

C. A written request submitted by an employee for

leave under sub-section (A) and (B) herein shall be submitted thirty (30) days prior to the requested leave date, if possible. Requests submitted for leave less than thirty (30) days from the requested leave date shall be considered if and only if the Human Resources Director finds that there is good cause shown why the request could not have been submitted timely. (Amended P.B. 12/13/93; Metro Council, 1/26/94, Res. #34705; P.B. 8/07/08; Council Res. #46490, 9/24/08.)

D. When an employee does not return to work at the

expiration of the time period set forth in (A) or (B) herein and is not on approved Leave of Absence Without Pay, as defined above, or Educational Leave Without Pay, he or she shall be considered as having abandoned his or her position and notified in accordance with Section 4.1 (A.3) of this rule. (Amended P.B. 8/07/08; Council Res. #46490, 9/24/08.)

E. Unauthorized Leave of Absence Without Pay:

A regular employee using any leave without pay not subject to Rule IX, Section 6 or Rule IX, Section 9 is considered to be on unauthorized leave and shall be subject to disciplinary action. (Added P.B. 8/07/08; Council Res. #46490, 9/24/08.)

Section 7. Military Leave With Pay. A. All classified employees who are members of the

Active Reserve of the Army of the United States, or the National Guard of the United States, or the Active Naval Reserve, or the Active Marine

Corps Reserve, shall be entitled to leave of absence from their respective duties, without loss of pay, time, annual time, or efficiency rating, on all days during which they shall be ordered to duty with troops or at field exercises, or for instruction, for a period not to exceed 15 "calendar" days in any one calendar year. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.)

B. Fifteen (15) calendar days shall be granted to the

employee without regard to the number of hours scheduled per shift and there shall be no requirement that the days be consecutive. Only days on which the employee would be scheduled to work shall reduce the available leave herein. For example, if a scheduled shift extends into two calendar days such as a shift from 6 pm to 6 am, the employee shall be deemed to have taken two calendar days of leave. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.)

C. Copies of an order requesting the employee to

report to military duty shall be presented to the appointing authority ten (10) days prior to commencement of duty, if possible, or as soon as obtained thereafter. (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.)

Section 7.1 Reinstatement Rights. A. All regular employees who leave positions in the

classified service to enter the Armed Forces of the United States shall receive the fifteen (15) day military leave with pay provided for in Section 7A, and thereafter shall be placed on Military Leave without pay. The employee shall be entitled to be restored to the position he or she vacated, provided that: (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.)

1. he or she is physically and mentally capable

of performing the work of this position to the satisfaction of the appointing authority and; (Amended Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.)

2. he or she makes application to the appointing

authority or the agency wherein he or she was formerly employed within 90 days from the date of honorable discharge or 90 days from the date he or she was released from a hospital if he or she was hospitalized at the time of discharge. (Amended Per. Bad., 12/13/93; Metro Council, 1/26/94, Res. #34705.)

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B. Upon the request for immediate reinstatement, the person returning from military leave shall be reinstated within 30 days from the date that he or she makes the request. No leave shall exceed the maximum provided for in the Veterans Re-employment Rights Law (four (4) years with an additional year subject to approval). (Amended Per. Bad., 12/13/93; Metro Council, 1/26/94, Res. #34705.)

Section 8. Funeral Leave. A. To provide paid leave for employees to attend

visitation and/or funeral services. No funeral leave will be granted if the funeral service or visitation of the deceased is not attended. Documentation will be required for each request of funeral leave. This may include a statement from the funeral home or obituary indicating the name of deceased, location of funeral, date of death, and date of funeral.

1. An employee will be granted twenty-four

(24) hours off from work, with pay, in the event of the death of the employee’s spouse, child, mother, father, brother, sister (this includes a person standing in loco parentis as a parent, son or daughter). “Half and current step” relationships will be viewed as natural. When twenty-four (24) hours of leave are granted, the leave shall be taken within one week of the funeral at the employee’s option.

2. An employee will be granted sixteen (16)

hours off from work with pay, in the event of the death of the employee’s grandparent, grandchild, current father-in-law, current mother-in-law, current son-in-law, current daughter-in-law. When sixteen hours of leave are granted, the leave shall be taken the day of the funeral and the day immediately before or after the funeral at the employee’s option.

3. An employee will be granted eight (8) hours

off from work, with pay, in the event of the death of the employee’s great-grandparent, aunt, uncle, niece, nephew, current brother-in-law, current sister-in-law, current spouse’s grandparent. When eight hours of leave are granted, the leave shall be taken the day of the funeral or the day immediately before the funeral at the employee’s option.

4. The appointing authority may grant an

employee up to two (2) hours off from work,

with pay, to attend visitation or the funeral of a current co-worker.

B. The employee may take additional leave time,

subject to the request and approval for such leave as defined in and in accordance with the Rules Governing Employees in the Classified Service for the City of Baton Rouge, Parish of East Baton Rouge.

C. Classified employees who work 20 hours a week

will receive ½ of the leave granted full-time employees and those working 10 hours a week will receive ¼ of the leave granted full-time staff. Amended 1/16/79; 01/26/94. (Added Pers. Brd. 02/15/06; Metro Council, 03/22/06, Res. #44686).

Section 9. Family/Medical Leave. A. An eligible employee shall be entitled to a total

of twelve (12) workweeks of leave during any calendar year for one or more of the following:

1. because of the birth of a son or daughter of

the employee and in order to care for such son or daughter.

2. because of the placement of a son or

daughter with the employee for adoption or foster care.

3. in order to care for the employee's

"immediate family" with a "serious health condition" or in order to care for the employee's "extended family" member if the employee is the party responsible for the day to day care.

4. because of a serious health condition that

makes the employee unable to perform the functions of the position of such employee.

5. because of any qualifying exigency (as the

Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation. (Added P.B. 8/07/08; Council Res. #46490, 9/24/08.)

B. Servicemember Family Leave – An eligible

employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember

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shall be entitled to a total of 26 weeks of leave during a twelve (12) month period to care for the servicemember. The leave described in this paragraph shall only be available during a single twelve (12) month period. (Added P.B. 8/07/08; Council Res. #46490, 9/24/08.)

C. Combined Leave Total – During the single

twelve (12) month period described in Section 9 (B) an eligible employee shall be entitled to a combined total of 26 workweeks of leave under Section 9 (A) and (B). (Added P.B. 8/07/08; Council Res. #46490, 9/24/08.)

D. The entitlement to leave under Section 9 (A.1)

and (A.2) above shall expire at the end of the twelve (12) month period beginning on the date of such birth or placement. Leave under Section 9 (A.3) and (A.4) above may be taken intermittently or on a reduced leave schedule when medically necessary. Leave under Section 9 (A.5) above may be taken intermittently or on a reduced leave schedule. (Added P.B. 8/07/08; Council Res. #46490, 9/24/08.)

E. Family/medical leave shall be taken and/or

exhausted in proportion to the eligible employee’s “workweek” and in accordance with the table set forth in Section 2.1 herein. (Added P.B. 8/07/08; Council Res. #46490, 9/24/08.)

Section 9.1 Eligibility. (Added P.B. 8/07/08; Council Res. #46490, 9/24/08.) A. An employee must have been employed for at

least twelve (12) months and must have worked 1,250 hours in the preceding calendar year. This figure includes any paid time used by the employee during the preceding calendar year.

B. For implementation purposes, all eligible

employees will receive a balance of twelve (12) workweeks as of (effective date) to be used prior to December 31, 2008, and each year a total of twelve (12) workweeks will be provided to the employee commencing on January 1st of each year and terminating on December 31st of each year. Any employee who becomes eligible after (effective date) or after January 1st of any year thereafter shall receive family/medical leave in proportion to the remainder of the calendar year. (Added Per. Brd., 12/13/93; Metro Council, 1/26/94, Res. #34705.)

Section 9.2 Exhaustion of Paid Leave.

An eligible employee may apply for and exhaust all accumulated sick leave, vacation leave, or compensatory time prior to taking Family/Medical leave without pay under Section 9. If the employee elects to use paid leave while on Family/Medical leave, the employee must request paid leave on his or her FAMILY/MEDICAL LEAVE REQUEST FORM. (Amended P.B. 8/07/08; Council Res. #46490, 9/24/08.) Section 9.3 Requesting Family Medical Leave. An eligible employee shall complete a FAMILY/MEDICAL LEAVE REQUEST FORM stating the reason for said request. If the employee wishes for the reason to remain confidential, the employee may designate such on the request form and write a confidential memorandum to the Human Resources Director. If possible, the request form shall be completed thirty (30) days in advance for an eligible employee who is requesting leave under Section 9 (A.1) or (A.2) or under Section 9 (A.3) or (A.4) if the leave is based on planned medical treatment, or under Section 9 (A.5). (Amended P.B. 8/07/08; Council Res. #46490, 9/24/08.) Section 9.4 Certification and Release to Work. A. An eligible employee requesting or taking leave

under Sections 9 (A.3) or (A.4) may be required to provide a certification from the treating health care provider regarding the serious health condition, its duration, or the necessity for intermittent or reduced leave.

B. Re-certification every thirty (30) days may be

required during the leave period. Additional re-certifications may be required for a shorter period of time with approval by the Human Resources Director. (Amended P.B. 8/07/08; Council Res. #46490, 9/24/08.)

C. If the City has reason to doubt the validity of the

certification provided by the treating health care provider, the City may require, at the City's expense, the opinion of a second health care provider approved by the City and who is not employed on a regular basis by the City.

D. In any case in which the second opinion differs

from the initial opinion of the treating health care provider, the City may require, at the City's expense, the opinion of a third health care

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provider designed or approved jointly by the City and the eligible employee, the third opinion shall be considered final and binding on all parties.

E. A certification by a health care provider

indicating that the employee is physically able to return to his or her duties may be required if the appointing authority deems necessary.

Section 9.5 Health Insurance Benefits. During family/medical leave the employer shall maintain coverage under its group health plan in the same manner as provided during employment for as long as the employee's contributions to the premium are received on a timely basis. Section 10. Promotional Leave. When a regular employee has been promoted to a position of a higher class he shall be granted promotional leave of absence from the position he occupied when promoted until he acquires full status (or regular status) in the position to which he has been promoted and until he acquires such status the appointing authority may fill his position only in accordance with this Rule relating to conditional and temporary appointments. Should the employee be required to vacate the position to which he has been promoted he shall be reinstated in his former position, or in the alternative, at the discretion of the appointing authority, shall be reinstated in any other position in the same class as his former position in which there is a vacancy. If an employee cannot be reinstated as herein authorized because his former position has been abolished, the Administrator shall, upon the employee's request to be made by him within a period of one (1) year from removal, place his name on a preferred reemployment list for the class of position from which he was promoted. Section 11. Holidays. Section 11.1 The regular holidays for all employees in the service shall be those established by the Parish Council as follows: (Amended 1/16/79.) (Amended Per. Brd. 05/18/05, Metro Council, 06/22/05, Res. #44196). January 1st Martin Luther King’s birthday Mardi Gras Good Friday Memorial Day (Last Monday in May July 4 Labor Day

Veteran's Day (November 11) Thanksgiving Day Christmas Day (December 25) A floating Holiday to be designated by the Mayor-President. Amended P.B. 3/24/15: Council Res. #51399, 4/4/15. Section 11.2 When any of the holidays mentioned in this section occur on a Sunday, the following Monday shall be observed as the holiday. When any of the holidays mentioned in this section occur on Saturday, the Friday immediately preceding shall be observed as the holiday except in the case of employees who normally work a six day week, that Saturday shall be observed as the holiday. When the normal days off of any employee are other than Saturday and Sunday and the holiday falls on the employee's day off, if the holiday falls on the employee's first day off, it shall be observed on the work day immediately preceding and if the holiday falls on the employee's second day off, it shall be observed on the work day immediately following. Amended 08/23/07: Council Res. #45695, 08/22/07 & P.B. 04/26/07 & 07/26/07. Amended P.B. 3/24/15: Council Res. #51399, 4/4/15. Section 11.3 Special and Regular Holidays. Whenever, for the good of the service, an employee is required to remain on duty on a special holiday proclaimed by the Parish or City Councils or the Mayor-President; or on a regular holiday provided for in Section 11.1 of this Rule, the employee shall be paid or earn compensatory time on an hourly basis at the rate of time and one-half for the hours actually worked plus holiday pay. Amended P.B. 3/24/15: Council Res. #51399, 4/4/15. Section 11.4 Deleted January 16, 1979. Included in Section 10.3 above. Section 12. Certification of Retirement Eligibility. Any regular employee requesting a disability retirement shall require certification by the Department that the application is appropriate and the employee eligible for such retirement in accordance with the provisions of Section 470 of Part VIII of Chapter 3 of Title I of the Retirement Code. Upon approval by the Retirement Board, the employee shall be placed on a disability retirement to become effective as of the date established by said Board. The employee shall be entitled to be restored to the position vacated at the time of retirement or to one substantially similar immediately upon receipt

38


by the Department of an official directive to that effect as issued by the Retirement Board or its duly appointed representative. (See Rule VI, Section 4 for reinstatement procedure.) The continuous service of a retirement beneficiary reinstated pursuant to the conditions of this section shall not be affected by his or her absence while receiving retirement benefits, except that no credit shall be given toward total service for the period of time that the employee involved was drawing retirement benefits. (Amended 8/17/82 retroactive to 7/8/82.) Section 13. Administrative Leave With Pay (ALWP). Administrative Leave With Pay may be granted by the Mayor-President or his designated representative in situations where it is determined that it is in the best interest of the employee and the City-Parish that the employee be excused from reporting to work for reasons related to public health and safety issues, such as in the case of a natural disaster, emergency, or fortuitous event. ALWP may also be granted for participation in programs that serve a public purpose as approved by the Mayor-President. Administrative leave is not considered an employee entitlement. See also, Rule X, Section 5. (Added P.B. 05/11/06; Council Res. #44925, 07/26/06.) Section 14. Administrative Leave Without Pay (ALWOP). Is a mandated absence from official duties without pay and without the utilization of any available leave which may be imposed on classified employees for investigatory purposes. ALWOP is utilized in conjunction with Rule 10, Section 5. (Added P.B. 05/11/06; Council Res. #44925, 07/26/06.)

39

RULE X. DISCIPLINARY ACTIONS AND SEPARATIONS

Section 1. Removals, Suspensions and other Corrective or Disciplinary Action for Maintaining Standards of Service. When any employee in the classified service is unable or unwilling to perform the duties of his position in a satisfactory manner or has committed any act or acts to the prejudice of the service, or has omitted to perform any act or acts that it was his duty to perform or otherwise has become subject to disciplinary or other corrective action, it shall be the duty of the appointing authority to take such action as the circumstances may warrant to maintain the standards of effective service. Such action may extend to removal from the service, retirement under any provision of the Charter applicable, reduction in pay to the next lower rate in the scale for the class, demotion to any position of a lower class that the employee is deemed by the appointing authority and the Administrator to be competent to fill, suspension without pay, or reprimand or other such less drastic measure of discipline as, in the judgment of the appointing authority, seems to be necessary and proper. All applications filed for admission to tests of fitness by any person who has been dismissed from the classified service within the last three years shall forthwith be rejected. In addition, the Administrator, subject to the rules, may reject the application of any person for admission to tests of fitness, or refuse to test any application, or may cancel the eligibility of any eligible on any employment list; who is found to have been dismissed from the classified service within the previous three years to the date of application submission; who is found to lack any of the qualifications prescribed as requirements for admission to the tests for the class for which the applicant has applied; or who is physically unfit to perform effectively the duties of a position of the class; or who is addicted to the habitual use of drugs or intoxicating liquors to excess; or who has been adjudged guilty of a crime involving moral turpitude or infamous or notoriously disgraceful conduct; or who has made a false statement of any material fact; or has practiced or attempted to practice deception or fraud in completing an application, in the examining process or otherwise in securing eligibility for appointment or attempting to do so. Any such facts shall also be considered cause for removal of any employees. Amended 11/6/50; 5/4/76; 6/8/76; 11/2/82; P.B. 12/17/03. Section 2. Procedure in Disciplinary Cases. In every case of (a) the involuntary removal of an employee in the classified service, (b) the reduction in rank or pay of such an employee, or (c) when such an employee is subjected to a suspension which exceeds four work days in duration, the appointing authority

shall immediately furnish the employee involved a notification in writing of the action being taken and a statement as to the reasons therefore, a copy of which shall forthwith be furnished the Administrator. The Administrator shall notify the employee, in writing at the last known address, of the right to make such reply in writing as is desired and, in the case of a regular employee, of the right to be heard thereon by the Board if a written appeal is on file in the office of the Personnel Department no later than the tenth day of the date on the notification. Any such replies shall be received and considered by the Administrator who may make such investigation of the facts as is deemed proper. The Administrator likewise may make investigation of his own motion, of the case of any employee whose record of service seems to be unsatisfactory, or who is charged with the commission or omission of specific acts to the detriment of the service. He may make to the appointing authority a report and recommendation for action, on the basis of the facts ascertained, as he may deem appropriate. Where such action seems warranted by the facts, the Administrator, in the case of any employee in the classified service removed or involuntarily retired or demoted by action of any appointing authority, may authorize the transfer of the employee concerned to a position of the class previously occupied by him under the same or another appointing authority upon written request of such authority, or place his name on the reemployment list for the class for certification to the same or other appointing authority. Upon written request of an employee and with the approval of the Administrator, an employee may be demoted, or be retired under any optional provision of these rules without compliance with the requirements of this section. Amended 1/13/65; 6/8/76; 11/6/80; 1/14/81; 9/9/82. 2.1 The statement required by this section must be in

writing and furnished the Administrator, were practicable, twenty-four (24) hours in advance of the effective date of the disciplinary action. Amended 2/20/73.

Section 3. Appeals. Any regular employee in the classified service who is subjected to disciplinary action as prescribed in Section 2 of this Rule may appeal to the Board in accordance with the conditions prescribed in Rule XI, Section 1. Appeals by regular employees for hearings which do not involve disciplinary matters, or which involve suspensions for less than five work days, may be filed in accordance with Rule XI, Section 1.4. Amended 9/9/82.

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RULE X. DISCIPLINARY ACTIONS AND SEPARATIONS, Contd.

Section 4. Layoff. Whenever a position in the classified service is abolished or needs to be vacated because of stoppage of work from lack of funds or other cause, the employees of the class involved in the organization unit affected shall be laid off according to seniority based on the number of years of continuous certified service with the government. The appointing authority shall give written notice to the Administrator of every proposed layoff a reasonable time before the effective date thereof, and the Administrator shall make orders relating thereto which he considers necessary to secure compliance with the rules. The name of every regular employee so laid off shall be placed on the appropriate reemployment list. Amended 3/5/68. Section 5. Administrative Leave With Pay (ALWP). Administrative Leave With Pay may be used in the best interest of the City-Parish pending an investigation of an employee’s conduct, when the employee should be removed from the workplace but there is not overwhelming evidence that the employee should be suspended or terminated immediately. The Appointing Authority may, prior to any disciplinary action being administered, grant ALWP in conjunction with an investigation. In this case, ALWP may be granted for a period not to exceed thirty (30) calendar days when circumstances develop that would warrant the removal of an employee from the department without disadvantage in order for the Appointing Authority or their designated representative to conduct an investigation concerning the conduct of the employee. The Appointing Authority may only grant administrative leave of this type with the approval of the Director of Human Resources. If additional time is needed to complete the investigation, this period may be extended once up to an additional fifteen (15) calendar days at the discretion of the Appointing Authority and Director of Human Resources. During this allotted time the employee will be on leave without loss of pay and without charge to leave. Before the end of the allotted time period the employee may make a written request to the Appointing Authority and shall be allowed to utilize any available vacation and compensatory time they have accrued, pending a final determination. If no request is made the employee will be placed on Administrative Leave Without Pay at the end of the allotted time period, pending final determination. Upon the completion of the investigation the appointing authority must notify the Director of Human Resources in writing within three (3) working days of the actions

to be taken by the appointing authority including any and all disciplinary sanctions anticipated. Added P.B. 05/11/06; Council Res. #44925, 07/26/06.

41

RULE XI. APPEALS, HEARINGS AND INVESTIGATIONS

Section 1. Appeals. 1.1 Matters Appealable Directly to the Board. Any

regular employee in a position in the classified service, subject to the provisions of the Charter and the rules made pursuant thereto, who has been involuntarily removed from the service, reduced in rank or pay or suspended five work days or more, and who considers such action without good cause may appeal such action if the written appeal is on file in the Personnel Department no later than ten calendar days from the date of the receipt of notice by the employee from the Personnel Department. Said notice shall be sent by the Personnel Department to the employee via certified mail, return receipt requested. A hearing shall be held not less than ten nor more than twenty calendar days from the date the notification was served to determine the reasonableness of such action. Each party shall be requested to extend such setting for the hearing for up to sixty (60) days. Amended 4/19/50; 5/4/76; 6/8/76; 11/6/80; 1/14/81; 9/9/82; 10/24/89; Council Res. #29560, 12/13/89; Council Ord.#11864, 10/11/00; P.B. 01/17/01; Amended P.B. 06/13/06, Council Res. #44928, 07/26/06.

1.2 Appeal of Temporary Employees. A regular

employee who is removed while serving a working test period following promotion or is removed while serving provisionally in a position to which he has been promoted and who is denied reinstatement in his former position, as provided in this Rule, may appeal to the Board in accordance with the conditions prescribed in Section 1.1 of this rule. Amended 9/9/82.

1.3 Official hearings/meetings of the Board shall be

held in the Council chambers, or a location designated by the Human Resources Director, and notice thereof given those involved. The evidence shall be limited to the charges contained in the written reasons given by the appointing authority for this discharge or disciplining of the employee, or stated in the written request for a hearing. The employee or appointing authority shall have the right to appear before the Board in such matters in person or through counsel of their own choosing. Amended Council Ord. #11864, 10/11/00; P.B. 01/17/01.

1.4 Any regular employee in the classified service

who has been subjected to any disciplinary action without just cause including a suspension of one work week or less, may appeal to the Board after

having concluded all of the following steps without resolving the matter to the satisfaction of the employee involved. Amended 6/7/79; 9/9/82; Council Ord.#11864, 10/11/00; P.B. 01/17/01.

(1) The employee shall submit a written appeal

to his or her appointing authority within one week of the date he or she received the notification of the matter being appealed.

(2) The appointing authority or a duly

authorized representative shall hear the employee's appeal within one week after receipt of the written appeal.

(3) The appointing authority shall submit to the

employee in writing the final decision within one (1) week of the hearing and shall furnish the Personnel department all documentation of the foregoing steps including the employee's letter of appeal.

(4) If the employee is not satisfied with the

decision of the appointing authority, an appeal may then be submitted to the Personnel Department within one week after receipt of the decision of the appointing authority.

(5) The appeal must be made in writing and

must include valid and acceptable facts which the employee feels are relevant and which will substantiate the appeal. Copies of the letter along with all other documentation of the matter shall be distributed to Board members by the Administrator. After reviewing all such documentation, the Board shall notify the Administrator whether or not it is evident that the appeal is a valid one. In the event it is, a hearing shall be scheduled at the discretion of the Board. The Administrator shall advise the appellant of the Board's decision and, if applicable, the date, time and place that the hearing will be held. Amended 9/9/82.

1.5 Decision of the Board. After hearing and

considering the evidence for and against such disciplinary action, the Board shall approve or disapprove the action. In the case of approval, the disciplinary action shall be deemed final as ordered. In the case of disapproval, the Board shall reinstate the employee under such conditions as it deems proper, and may order full pay for lost time. The appointing authority shall carry the burden of proof by a majority vote of

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RULE XI. APPEALS, HEARINGS AND INVESTIGATIONS, Contd.

the Personnel Board members present. Amended 10/13/66; 12/08/99.

(a) Appeal of the Decision of the Board. Within

five (5) days excluding holidays after the Board has rendered a decision on an appeal pursuant to Rule XI, Section 1.5, the Board’s secretary shall mail by certified mail return receipt requested and regular mail a notice of the Board’s decision to the employee/appellant and to the appointing authority, through their counsels of record if they are represented by counsel, stating the final action of the Board on the appellant’s appeal. The notice shall be in the following form:

You are hereby notified that after hearing the appeal of _____________, bearing docket number ________, the Personnel Board of the Parish of East Baton Rouge, City of Baton Rouge voted (give the vote) to (Board’s decision). You have sixty (60) calendar days from the date of your receipt of this notice in which to file a suit appealing the Board’s decision in the 19th Judicial District Court in East Baton Rouge Parish. Members of the Personnel Board and employees of the City-Parish Department of Human Resources are not allowed to give legal advice. If you need legal advice, please call an attorney. Added Council Ord.#11864, 10/11/00, P.B. 01/17/01.

1.6 Reinstatement to Positions. If the Board finds

that the disciplinary action was for religious or political reasons, then the employee shall forthwith be reinstated in his position and be reimbursed for any loss of pay occasioned by such disciplinary action.

1.7 Persons Who May Not Appeal. The foregoing

provisions of this section shall not apply to temporary appointments and employees during their working test period as defined and provided for in these Rules.

Section 2. Hearings. 2.1 Power to Administer Oaths, Take Testimony, and

Demand Production of Records. The Board or each member of the Board, shall have the power to administer oaths, and the Board may, by majority vote, compel the attendance of witnesses and the production of books and papers.

2.2 Refusal to Reply to Subpoena. Any person who shall fail to appear in response to a subpoena or to answer any question or produce any books or papers pertinent to any such investigation or hearing or who shall knowingly give false testimony therein shall be guilty of misdemeanor and subject to the penalties provided in Section 9.11 of the Charter.

2.3 Deleted from the Rules on 11/6/50. Section 3. Fixing Time for Hearings. Whenever an appeal has been made for a hearing before the Board, the Board shall fix a date and hour for hearing such appeal and the Administrator shall give the appointing authority and the appellant at least two days notice in writing that such appeal will be heard on the day and hour fixed by said Board. If the appointing authority or the appellant fail to appear on the day and hour fixed for the hearing, the Board may, in its discretion, decide the issue involved on the basis of the evidence introduced and may render decision by default against any party failing to appear or may dismiss the appeal for failure to appear without cause deemed reasonable by the board and after having received proper notice. Amended Council Ord.#11864, 10/11/00, P.B. 01/17/01. Section 4. Investigations by Administrator. The Administrator may make an investigation of the case of an employee whose record of service seems to be poor, or who is charged with the commission or omission of specific acts to the detriment of the service. He may make to the appointing authority a report and recommendations for action, on the basis of the facts ascertained, as he may deem appropriate. Where the action seems to be warranted by the facts, the Administrator, in the case of any employee in the classified service removed or involuntarily retired or demoted by action of any appointing authority, may authorize the transfer of the employee concerned to a position of the class previously occupied by him under the same or another appointing authority upon written request of such authority, or place his name on the reemployment list for the class for certification to the same or other appointing authorities. Upon written request of an employee and with the approval of the Administrator, the employee may be demoted, or be retired under any optional provision of law, without compliance with the requirements of Rule X. (Amended 1/13/65; Corrected 2/24/54; Amended P.B. 08/04/06 & Council Res. #45078, 09/27/06).

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RULE XI. APPEALS, HEARINGS AND INVESTIGATIONS, Contd.

Section 5. Administrative Law Judge a. The Administrator may appoint an

Administrative Law Judge to hear and decide any appeal pending before the Board.

b. An Administrative Law Judge shall have

subpoena power and power to administer oaths as well as the powers granted in this Chapter.

c. After an Administrative Law Judge hears an

appeal, he or she shall prepare a written recommendation containing his or her findings of fact and/or conclusions of law which recommendation shall be filed with the Administrator. On the same date that the Administrative Law Judge’s recommendation is filed with the Administrator, the Administrator shall mail a copy of the Administrative Law Judge’s recommendation to each member of the Board and shall place the recommendation on the Personnel Board agenda for the next monthly meeting.

d. At the monthly meeting the Board shall consider

the Administrative Law Judge’s recommendation, along with any pleadings and exhibits submitted in the matter, and after such consideration the Board may:

1. Remand the appeal with instructions to the

Administrative Law Judge;

2. Hold new hearings or take additional evidence or both, and render its own decision thereon;

3. Accept the Administrative Law Judge’s

recommendation as its own decision;

4. Reject the Administrative Law Judge’s decision and make its own decision.

Such decision shall become the final decision of the Board. Any appeal from such decision shall be in accordance with Personnel Rule XI, Section 1.5 (a) concerning appeals. Added Council Ord.#11864, 10/11/00, P.B. 07/06/01.

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RULE XII. POLITICAL ACTIVITIES

Section 1. Prohibited Practices. 1.1 No person in the classified service shall

participate or engage in political activity. Added P.B. 11/07/03; Council Res. #42914, 11/12/03.

A. Political activity defined. “Political activity”

means an effort to support or oppose the election of a candidate for political office or to support a particular political party in an election. Added P.B. 11/07/03; Council Res. #42914, 11/12/03.

A classified service employee may support issues involving indebtedness, tax referendums, or plan of government and constitutional amendments. Added P.B. 11/07/03; Council Res. #42914, 11/12/03.

1.2 No person in the classified service or seeking

admission thereto shall be appointed, promoted, reduced, or in any way favored or discriminated against because of his political or religious opinions or affiliations.

A. No person in the classified service shall be a

member of any national, state, or local committee of a political party or faction. Added P.B. 11/07/03; Council Res. #42914, 11/12/03.

1.3 No person shall willfully or corruptly make any

false statement, certificate, mark, rating or report in regard to any test, certification, promotion, reduction, removal or appointment held or made under the provisions of this chapter, or in any manner commit or attempt to commit any fraud preventing the impartial execution thereof or of the rules and regulations made in accordance therewith.

1.4 No officer or employee in the classified service

shall continue in such position after becoming a candidate for election to any public office; except to seek election as the employee representative on the City-Parish Personnel Board or the City-Parish Retirement Board. Amended P.B. 11/07/03; Council Res. #42914, 11/12/03.

1.5 No person shall either directly or indirectly pay,

render or give any money, service or other valuable thing to any person for or on account of or in connection with any test, appointment, promotion, reduction or removal in which he is concerned.

A. No person in the classified service shall use or attempt to use his position to punish or coerce the political action of a classified employee. Added P.B. 11/07/03; Council Res. #42914, 11/12/03.

1.6 No person shall orally, by letter or otherwise

solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding a position in the classified service.

1.7 No person holding a position in the classified

service shall make any contribution to the campaign funds of any political party or any candidate for public office or take any part in the management, affairs or campaign of any political party or candidate except in the exercise of his rights as a citizen to express his opinion and to cast his vote. Amended P.B. 11/07/03; Council Res. #42914, 11/12/03.

1.8 A classified employee may serve as a

commissioner at the polls in any election, and may serve as a watcher at the polls. Amended P.B. 11/07/03; Council Res. #42914, 11/12/03.

Section 2. Penalties for Violation. (Provided for in Chapter 9, Section 9.10 of the Charter.) 2.1 Any person who by himself or with others

willfully or corruptly violates any of the provisions of this section shall upon conviction thereof be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a term not exceeding six months or by both.

2.2 Any person who is convicted under this section

shall for a period of five years be ineligible for appointment to or employment in a position in the service of the parish, the city, or any district of which the parish council or city council is the governing body, and shall, if he be an officer or employee of any of the above, immediately forfeit the office or position he holds.

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RULE XIII. RECORDS

Section 1. Payrolls and Attendance Records. 1.1 It shall be the duty of each appointing authority

to install a system of payroll and attendance records in compliance with the provisions of Rule IX of these Rules. Such system or systems shall be so designed as to facilitate the maintenance of adequate personnel records and to eliminate duplication of accounting and reporting to the fullest extent practicable. It shall be the duty of the Administrator to advise and assist appointing authorities in establishing systems of payroll and attendance records.

Section 2. Appointment Forms. 2.1 The Administrator shall prescribe personnel

transaction forms on which appointing authorities shall certify to the Human Resources Department all personnel transactions affecting classified employees in their agency. Amended P.B. 2/19/97; Council Res. #37723, 4/09/97.

Section 3. Leave Records. 3.1 Each appointing authority shall, with the advice

and assistance of the Administrator, install and maintain a leave record showing, for each employee who holds a position in the classified service, (1) Vacation time earned, used and unused, (2) Sick leave earned, used and unused, and (3) Any special leave or other leave, with or without pay. Such record shall be documentary evidence to support and justify the certification of authorized leave of absence with pay as provided in these Rules.

Section 4. Records of the Human Resources Department. (Amended P.B. 2/19/97; Council Res. #37723, 04/09/97.) 4.1 Except as specifically provided in this Rule, the

records of the Human Resources Department shall be public records and shall be open to public inspection during office hours of the Department. For reasons of public policy the following records shall be confidential and open for inspection only under the conditions described herein: Amended P.B. 2/19/97; Council Res. #37723, 4/09/97.

(a) Examinations, examination materials, and

the results of tests.

(b) Confidential reports and investigations on the character, personality and history of

employees or candidates for positions in the Parish and City service.

(c) Service ratings, except as provided in these

Rules. 4.2 All official records of the Human Resources

Department must be kept for a period of three (3) years in accordance with Louisiana Revised Statute 44:36. Amended P.B. 6/23/66. Amended P.B. 2/19/97; Council Res. #37723, 4/09/97.

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RULE XIV. SEVERABILITY

If any provision or provisions of these Rules, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect the legality of the remainder of these Rules.

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