Title 42, Public Officers and Employees
0 chapters · 457 sections in this title.
La. Rev. Stat. § 42:35 Commissions not to issue to defaulters; new elections
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§35. Commissions not to issue to defaulters; new elections The governor shall not issue a commission to any public officer who appears to be a defaulter by the reports on file in his office, unless it is proved to his satisfaction that the person is not a defaulter, or has paid t…
La. Rev. Stat. § 42:351 Declaration of public policy
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§351. Declaration of public policy A. The state of Louisiana is committed to providing a workplace that is free from sexual harassment. Sexual harassment in the workplace is strictly prohibited under the Equal Employment Opportunity Act, 42 U.S.C. 2000e-2; the Louisiana Employmen…
La. Rev. Stat. § 42:352 Definitions
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§352. Definitions Unless the context clearly indicates otherwise, the following words and terms, when used in this Chapter, shall have the following meanings: (1) "Agency" means a department, office, division, agency, commission, board, committee, or other organizational unit of …
La. Rev. Stat. § 42:353 Litigation and settlements
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§353. Litigation and settlements A. Notwithstanding any law to the contrary, including but not limited to R.S. 13:5108.1, when a claim of sexual harassment has been brought and the office of risk management, or the exempted institution of higher education, determines that sexual …
La. Rev. Stat. § 42:354 Dissemination of information to all elected officials, public employees, and public
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§354. Dissemination of information to all elected officials, public employees, and public servants A. The commissioner of administration shall prepare a notice to be furnished to each agency head in the executive branch of state government for annual dissemination to each public …
La. Rev. Stat. § 42:355 Public record; exception
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§355. Public record; exception Any settlement executed in connection with a claim filed pursuant to this Chapter shall be a public record, with the exception of the name of the victim of the sexual harassment. Acts 2019, No. 413, §2, eff. June 20, 2019.
La. Rev. Stat. § 42:36 Limitation on prerequisites for state employment
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§36. Limitation on prerequisites for state employment A. A state agency shall not require as a condition of eligibility for hire to a position in state employment that an applicant have a baccalaureate degree or more than three years of relevant experience. B. Subsection A of thi…
La. Rev. Stat. § 42:37 Questioning of employee witnesses as to membership in communist party; refusal to answer
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§37. Questioning of employee witnesses as to membership in communist party; refusal to answer Every person in the employ of the state of Louisiana or any political subdivision thereof, or in the employ in any capacity of any parish or city school board or any public school, colle…
La. Rev. Stat. § 42:371 Vacancies filled by governor; office holder to continue in office when called to active military service with armed forces, reserve or Louisiana National Guard
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§371. Vacancies filled by governor; office holder to continue in office when called to active military service with armed forces, reserve or Louisiana National Guard Except as otherwise required by the constitution and laws of the State of Louisiana, and except in other cases whe…
La. Rev. Stat. § 42:372 Repealed by Acts 1981, No
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§372. Repealed by Acts 1981, No. 839, §3
La. Rev. Stat. § 42:373 Repealed by Acts 2014, No
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§373. Repealed by Acts 2014, No. 202, §2, eff. May 22, 2014.
La. Rev. Stat. § 42:374 Appointments by governor and senate; when nominations to be sent to senate
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§374. Appointments by governor and senate; when nominations to be sent to senate In all cases when the law shall direct any appointment to be made by the governor and senate, within a limited time, a nomination for that appointment shall be laid before the senate at least six day…
La. Rev. Stat. § 42:375 Vacancies in positions of employment; regulation of filling; executive orders contents
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§375. Vacancies in positions of employment; regulation of filling; executive orders contents A.(1) Notwithstanding any provision of law to the contrary, the governor shall have authority to prohibit or regulate the filling of vacancies in the executive branch of state government.…
La. Rev. Stat. § 42:375.2 Agency attrition analysis process, higher education systems
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§375.2. Agency attrition analysis process, higher education systems A. The Board of Regents shall establish and implement an agency attrition analysis process to be used by each higher education system to review the historical employee vacancies, relative to authorized table of o…
La. Rev. Stat. § 42:376 Appointments by governor; withdrawal prior to Senate confirmation; interim appointment prohibited
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§376. Appointments by governor; withdrawal prior to Senate confirmation; interim appointment prohibited In all cases when the law requires Senate confirmation of a gubernatorial appointment to fill a position in a state, district, parish, ward, or municipal office, or other polit…
La. Rev. Stat. § 42:38 Repealed by Acts 1979, No
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§38. Repealed by Acts 1979, No. 700, §8
La. Rev. Stat. § 42:39 Judges; ineligibility to become candidate for other elective office;
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§39. Judges; ineligibility to become candidate for other elective office; conditions and exceptions A. After July 31, 1968, no person serving in or elected or appointed to the office of judge of any court, justices of the peace excepted, shall be eligible to hold or become a cand…
La. Rev. Stat. § 42:39.1 Judges; eligibility to serve on boards of directors of financial institutions
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§39.1. Judges; eligibility to serve on boards of directors of financial institutions Any person serving in or elected or appointed to the office of judge of any court may hold and manage investments, including real estate, and engage in other remunerative activity and may also se…
La. Rev. Stat. § 42:39.2 Justices of the peace; ineligibility of temporary appointees to fill vacancy
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§39.2. Justices of the peace; ineligibility of temporary appointees to fill vacancy No person appointed by the Supreme Court to temporarily serve in the office of justice of the peace, until a vacancy can be filled through election, shall be eligible to run as a candidate for the…
La. Rev. Stat. § 42:391 Leave of absence for state and parish officers
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§391. Leave of absence for state and parish officers The governor may grant leave of absence to state and parish officers, not to exceed ninety days at any one time, at his discretion.
La. Rev. Stat. § 42:392 Leave of absence for public officers who are members of the reserve forces
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§392. Leave of absence for public officers who are members of the reserve forces To assist in the prosecution of any war declared by the Congress, the governor shall grant a leave of absence for an indefinite period of time to any public officer who becomes a member of the reserv…
La. Rev. Stat. § 42:393 Designation of deputy; exceptions
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§393. Designation of deputy; exceptions When a leave of absence is granted a public officer under the provisions of R.S. 42:392, the officer shall name and designate as his deputy, a person possessing all the qualifications required for the office, and that person shall discharge…
La. Rev. Stat. § 42:394 Leave of absence for officers and employees in certain branches of armed forces
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§394. Leave of absence for officers and employees in certain branches of armed forces All officers and employees of the state, or of any parish, city, town, political subdivision, unit, or any state institution thereof, who are members of the Officers' Reserve Corps of the Army o…
La. Rev. Stat. § 42:395 Governor may grant leave to appointive officials in armed forces; salary to cease
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§395. Governor may grant leave to appointive officials in armed forces; salary to cease The governor may grant, upon request, a leave of absence for a period not to exceed the term of the respective appointment to any appointive state official who is serving in the armed forces o…
La. Rev. Stat. § 42:396 Temporary appointments
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§396. Temporary appointments The governor may in each instance where a leave of absence is granted under the terms of R.S. 42:395 name and designate a person having the necessary legal qualifications to serve during the temporary absence. The person so serving shall be vested wit…
La. Rev. Stat. § 42:397 Reinstatement
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§397. Reinstatement Upon the giving of written notice by the appointive official who has been granted a leave of absence under the provisions of this Part to the governor advising that the appointive official has received his discharge from active duty and containing the further …
La. Rev. Stat. § 42:398 Leave not accrued; unclassified health care professional employee pool
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§398. Leave not accrued; unclassified health care professional employee pool Notwithstanding any provision of law to the contrary, no employee who fills a position in an unclassified health care professional employee pool established by a Louisiana State University Health Science…
La. Rev. Stat. § 42:4 Public officers appointed by the governor
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§4. Public officers appointed by the governor A.(1) Except as otherwise provided by law, all public officers who are appointed by the governor shall serve at the pleasure of the governor. (2) Paragraph (1) of this Subsection shall not apply to officers appointed by the governor u…
La. Rev. Stat. § 42:4.1 Redesignated as R.S
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§4.1. Redesignated as R.S. 42:12 by Acts 2010, No. 861, §23.
La. Rev. Stat. § 42:4.2 Redesignated as R.S
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§4.2. Redesignated as R.S. 42:13 by Acts 2010, No. 861, §23.
La. Rev. Stat. § 42:401 Reinstatement after military service
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§401. Reinstatement after military service All officers and employees of the state, entering the military service of the United States since September 16, 1940, shall be restored, upon proper application, to the former position or employment or office held with the state at the t…
La. Rev. Stat. § 42:402 Officers and employees who may be reinstated
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§402. Officers and employees who may be reinstated The provisions of R.S. 42:401 shall apply to: (1) All officers and employees of the state and of any of its departments, divisions, institutions, units, boards or commissions, including heads thereof, and shall apply to those off…
La. Rev. Stat. § 42:403 Application for reinstatement
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§403. Application for reinstatement The officer or employee may make application in person, or in writing, to the department head or appointing or managing authority of the state unit, for re-establishment in the former office or employment and it is the mandatory duty of said of…
La. Rev. Stat. § 42:404 Persons to whom reinstatement provisions do not apply
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§404. Persons to whom reinstatement provisions do not apply The provisions of this Part shall not apply to any elected officer nor to any officer whose term is fixed by law or runs concurrently with the term of the governor, when the statutory term of the office has expired, at t…
La. Rev. Stat. § 42:405 Mandamus proceedings to enforce reinstatement
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§405. Mandamus proceedings to enforce reinstatement Mandamus proceedings to enforce the provisions of this Part may be instituted in the district court of the residence of the applicant, or in the district court of the location of the principal office of the state unit involved, …
La. Rev. Stat. § 42:406 Penalty for violation of provisions of this Part
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§406. Penalty for violation of provisions of this Part Whoever violates any provision of this Part shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both.
La. Rev. Stat. § 42:421 Annual leave; limitation on amount of payment in lieu thereof
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§421. Annual leave; limitation on amount of payment in lieu thereof A. No officer or ex-officer of the state or of any state agency, appointed by the governor shall be paid anything by the state or any state agency for any time which may elapse after separation from his office or…
La. Rev. Stat. § 42:431 Definitions
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§431. Definitions The following words and terms, when used in this Part, shall have the following meanings: (1) "Public employee" means any full-time employee of this state or of any branch of the state government, of any executive department of the state, or of any agency, board…
La. Rev. Stat. § 42:432 Leave of absence to participate in Athletic competition on the world, Pan American, or Olympic level
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§432. Leave of absence to participate in Athletic competition on the world, Pan American, or Olympic level A public employee who qualifies as a member of the United States team for athletic competition on the world, Pan American, or Olympic level in a sport contested in either Pa…
La. Rev. Stat. § 42:433 Notification of employer
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§433. Notification of employer A public employee who qualifies for athletic leave of absence under the provisions of this Part shall notify his employer of his desire for such leave at least thirty days before the effective date of the leave. However, if the official training cam…
La. Rev. Stat. § 42:434 Cancellation of leave
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§434. Cancellation of leave All or any portion of the approved athletic leave of absence provided for in this Part may be cancelled retroactively by the employer if the employee does not participate in the training or competition. Added by Acts 1978, No. 70, §1, eff. June 16, 197…
La. Rev. Stat. § 42:435 Reimbursement of costs for substitute
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§435. Reimbursement of costs for substitute If the absence of a public employee necessitates the hiring of a substitute during the employee's absence, the state shall reimburse the governmental branch, department, agency, board, commission, or local governmental subdivision of th…
La. Rev. Stat. § 42:441 Definitions
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§441. Definitions For the purposes of this Part, the following words and terms, when used in this Part, shall have the following meanings: (1) "Employing agency" means the agency of the executive, legislative, or judicial branch of state government in which the leave recipient is…
La. Rev. Stat. § 42:442 Leave transfer pools; establishment
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§442. Leave transfer pools; establishment The State Civil Service Commission and the State Police Commission may establish a plan for the participation in the leave-transfer program, allowing full-time employees to pool their annual, sick, and compensatory leave and allowing any …
La. Rev. Stat. § 42:443 Pool leave account; participation; use
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§443. Pool leave account; participation; use A. Any full-time employee of an employing agency may request voluntarily, in writing, that a specified number of hours of his accrued annual, sick, or compensatory leave or any combination thereof be transferred from his annual, sick, …
La. Rev. Stat. § 42:444 Pool account leave request
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§444. Pool account leave request Employees of a state agency requesting leave from the pool leave account under the provisions of this Part shall submit a written leave request to the employing agency with the following information included: (1) The name, employing agency, positi…
La. Rev. Stat. § 42:445 Agency procedures
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§445. Agency procedures A. The employing agency shall monitor the status of the qualifying circumstance affecting the leave recipient and establish procedures to ensure that transferred annual, sick, or compensatory leave from the pool is not used after such circumstance ceases t…
La. Rev. Stat. § 42:446 Agency considerations
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§446. Agency considerations Unless the qualifying circumstance is the birth or adoption of a child or directly involves a medical condition affecting the leave recipient, the employing agency may consider the likely impact on morale and efficiency within the agency in considering…
La. Rev. Stat. § 42:447 Leave remaining after termination of personal emergency
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§447. Leave remaining after termination of personal emergency Transferred annual, sick, or compensatory leave remaining to the credit of a leave recipient when the personal emergency terminates shall be restored to the pool account. Acts 1992, No. 1008, §1, eff. Jan. 1, 1993; Act…
La. Rev. Stat. § 42:450.1 Definitions
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§450.1. Definitions The following words and terms, when used in this Part, shall have the following meanings: (1) "Public employee" means any full-time employee of the state, or any branch of state government, including the executive, legislative, and judicial branches, or any st…