rule 1 meeting of the board

NEW IBERIA MUNICIPAL FIRE CIVIL SERVICE BOARD RULES

RULE I

DEFINITIONS

The following words and phrases, when used in this set of rules,shall have the following meaning unless otherwise specified in therule:

1. “Board” means the New Iberia Municipal Fire Civil ServiceBoard.

2. “Civil service law” means Louisiana Revised Statutes 33:2471,et. seq. (Amendments).

3. “Employee” means all classified employees of the firedepartment.

4. “Member” means a member of the New Iberia Municipal Fire Civil Service Board.

5. “Members” means the members of the New Iberia Municipal FireCivil Service Board.

6. "Regular and permanent employee" means an employee who hasbeen appointed to a position in the classified service inaccordance with civil service law after completing his/herworking test.

7. “R.S.” means Revised Statute of the State of Louisiana.

RULE II

CONDUCTING BOARD BUSINESS AT MEETINGS

Introduction of Business - business shall be brought before theboard by either a motion of a member or by presentation ofcorrespondence to the board. A motion is not needed and may notnecessarily be made in order to receive reports from committees.The board may dispense with a motion in the ordinary routine of business. Any member may, however, object to dispensing a motionand then a motion would be required to continue.

Obtaining the Floor - before a member may make a motion, or addressthe board in discussion, it is necessary that he/she obtain thefloor by addressing the chairperson.

Discussion of a Matter - before any subject is open to discussiona motion shall be made by a member who has obtained the floor andthen the motion must be seconded. The board shall hear discussionsfrom its members and others who are present at the meeting. Allcomments and discussions shall be directed to the chairperson.

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Main Motions - a main motion shall be made in order to introduce anitem to the board for consideration. A main motion shall be madeby a member who has obtained the floor. A main motion cannot bemade when any other motion is on the floor for discussion and/orvote.

Seconding Motions - a motion must be seconded in order to place thebusiness before the board for discussion and/or a vote. If amotion is not seconded quickly, the chairperson shall ask if themotion is seconded. The chairperson may repeat the motion beforecalling for a second in order that all may hear the motion. Ifthere is no second to a main motion the chairperson shall declarethat the motion is dead due to the lack of a second. Once themotion is dead, a member may make another main motion on thematter.

Putting the question to the board for vote - the chairperson shallstate the question that is before the board for consideration andask if the board is ready to vote. If there are no morediscussions, a vote is taken.

Voting - the members may vote on a matter before the board withoutdiscussion. The members may vote by voice, roll call of eachmember, or by general consent. When using general consent voting,the members show agreement by their silence to the chairpersonstating that the motion on the floor will pass if there is notobjection. If, however, a member objects, there must be a voice orroll call vote.

Motion to Table - the board may consider a motion to table a matteron the agenda until a later meeting. A member may, however, moveto “take from the table” a matter that was previously tabled.

Motion to Adjourn the meeting - a member shall make a motion toadjourn the meeting.

RULE III

MEETING OF THE BOARD

SECTION 1: The board shall hold at least one regular meetingwithin each quarterly period of the calendar year. The board shall post notice of such meetings at thebeginning of each calendar year. The notice shallstate the date, time, and place of each quarterlymeeting. The board may reschedule these quarterlymeetings and may change the location of the meetingas provided in Sections 3 and 4 of Rule III. Theboard may also hold special meetings as may becalled by the chairperson or as provided by Section2 of Rule III.

SECTION 2: The board shall meet at any time upon the call of

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the chairperson, who shall give all members atleast a five (5) calendar day notice if it is aregular meeting and at least a twenty-four (24)hour notice if it is a special meeting. If thechairperson fails or refuses to call a quarterlymeeting of the board, the members shall meet uponthe written call of any two members mailed ten (10)calendar days in advance of the date of themeeting.

SECTION 3: Unless otherwise provided in the notice for suchmeetings, all meetings shall be held at New IberiaCity Hall Council Chambers located at 457 East MainStreet, New Iberia, Louisiana.

SECTION 4: Notice of regular and special meetings shall begiven by posting such notice at the New Iberia CityHall Council Chambers or at the building in whichthe meeting is to be held.

Notice of regular meetings shall be posted not lessthan five (5) calendar days before the date fixedfor such meeting. Notice of special meetings shallbe posted not less than twenty-four (24) hoursbefore the time fixed for such meeting.

Notice of regular and special meetings shall statewhether the meeting is regular or special, andshall include the date, time, place, and agenda ofthe meeting. Notification of board meetings shallalso be posted on the board’s website, if the boardhas a website.

In accordance with R.S. 42:19, each item on theagenda shall be listed separately and withreasonable specificity. The agenda shall not berevised less than twenty-four (24) hours precedinga board meeting. Before the board may take anyaction on an agenda item at a meeting, thechairperson or his/her designee shall read aloudthe description of the item.

Section 5: At a regular or special meeting, in accordance withR.S. 42:19, the board may take up a matter not onthe agenda upon unanimous approval of the memberspresent at the meeting. In order to add an item tothe agenda, a motion must first be made to take upthe matter and the motion must include, withreasonable specificity, the purpose for theaddition to the agenda, and it must be entered intothe minutes of the meeting. After the motion isseconded and prior to any vote on the motion totake up a matter not on the agenda, there shall bean opportunity for public comment on any suchmotion in accordance with R.S. 42:14.

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SECTION 6: All board meetings shall be open to the public,except when the board meets in executive session asprovided by R.S. 42:16 and R.S. 42:17.

SECTION 7: Four members of the board must be present toconstitute a quorum of the board. Concurring votesof three members are necessary for decision of allmatters before the board except as follows. Whenthere is no quorum only the following motions areallowed: the chairperson may move to call themeeting to order and then announce that there is noquorum and adjourn the meeting. Or the chairpersonmay move to call the meeting to order and thenannounce that there is no quorum and entertain amotion to recess in order to allow the members totry and obtain a quorum and for the members to setanother meeting date and time. Once the meeting iscalled back to order and there is still no quorum,a motion shall be made to adjourn.

SECTION 8: The chairperson shall vote on all matters beforethe board except in situations when he/she isrequired to recuse himself/herself as provided inR.S. 33:2501(D) and in accordance with theLouisiana Code of Ethics. The vice-chairpersonshall act in the absence of the chairperson andshall be authorized to sign all board documents, asnecessary.

SECTION 9: The board secretary or another person designatedfor the purpose by the board chairperson, shallkeep written minutes of all open meetings. Theminutes shall include but shall not be limited tothe date, time, and place of the meeting; themembers recorded as either present or absent; arecord of officials, attorneys, and others present;the substance of all matters decided by the board;a record of all motions and votes; and any otherinformation that any member, the State Examiner,and others request to be discussed at the meetingand included in the minutes.

RULE IV

ORDER OF BUSINESS

SECTION 1: At regular and special meetings the order ofbusiness may be as follows:

1. Call to Order2. Roll call of members present3. Adoption of the agenda4. Reading and approval of the minutes of

previous meetings

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5. Unfinished Business6. New Business7. Executive Sessions8. Announcements9. Adjournment

RULE V

EXECUTIVE SESSIONS

SECTION 1: In accordance with R.S. 42:16, the board may meetin executive session during regular or specialmeetings, by two-thirds vote of those present inorder to discuss those matters which are exceptionsto open meetings as provided in R.S. 42:17. Anyvoting on matters discussed in executive sessionsshall be conducted only upon return to the publicmeeting.

The board may go into executive session to discussan employee’s character, professional competence,or physical or mental health only if such employeewas notified in writing of the executive sessiondiscussion at least twenty-four (24) hours beforethe meeting, and such employee may request that thediscussion be held in an open meeting.

RULE VI

APPLICATION FOR APPEAL HEARINGS AND OTHER HEARINGS ANDINVESTIGATIONS

SECTION 1: Any person authorized to appeal to the board underthe provisions of civil service law may demand, inwriting, a hearing and investigation by the boardto determine the reasonableness of the actiontaken. The board encourages employees to submitsuch an appeal by giving a statement of the actioncomplained against, the basis of the appeal, andthe relief sought. All petitions for appeals andother hearings and investigations must be signed bythe petitioner or applicant or his/her counsel, ifany. All petitions must include the full name,preferred mailing address, phone number, and emailaddress of the petitioner or appellant and ofhis/her counsel. Written notice shall be filedwith the chairperson of the board or the boardofficial so designated to receive suchapplications.

SECTION 2: Written petitions for appeals to the board underthe provisions of R.S. 33:2501 shall be made onlyby regular and permanent employees in the

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classified service and shall be limited to mattersinvolving discharge, corrective or disciplinaryaction and the application shall so state.

Written petitions under the provisions of R.S.33:2501 must be received by the board withinfifteen (15) calendar days after the date theemployee is notified of the discharge, correctiveor disciplinary action. The fifteen (15) calendarday period shall begin the day after the employeeis notified of the disciplinary action eitherverbally or in writing.

The board shall meet within thirty (30) calendardays after receipt of the written petition for ahearing under the provisions of R. S. 33:2501. Theboard shall review the petition in order todetermine if the request complies with theprovisions of civil service law and to considergranting the appeal. The board shall notify theemployee and the appointing authority of the date,time, and place of the hearing at least ten (10)calendar days in advance of the date set for thehearing. Although not required by civil servicelaw, the board shall also notify the employee’sattorney, the appointing authority’s attorney, andthe fire chief.

SECTION 3: All other written petitions for hearings andinvestigations pursuant to civil service law nototherwise provided for under R.S. 33:2501 shall setforth the section of the civil service law underwhich the petition is brought. The board shallinstitute and conduct such hearings andinvestigations in accordance with civil service lawand the New Iberia Municipal Fire Civil ServiceBoard Rules.

Written petitions showing just cause for hearingsand investigations by the board as provided for incivil service law shall be granted at the firstboard meeting following receipt of the petition orat a special meeting as provided in Rule III,Section 2. Investigations conducted under theprovision of R.S. 33:2477 (4) and (5) shall becompleted within sixty (60) calendar days of theboard’s receipt of the petition. Investigationsinto prohibited political activity pursuant to R.S.33:2504(B) shall be completed by the board withinthirty (30) days after receiving written chargesfor violations of R.S. 33:2504.

SECTION 4: The secretary of the board shall cause the date of

filing of all hearings and investigations to benoted on each notice of the hearing and shall file

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said hearing on the hearings docket, giving thesaid hearing an appropriate title.

RULE VII

DISMISSAL AND CONTINUATION OF APPEALS HEARINGS AND OTHER HEARINGSAND INVESTIGATIONS CONDUCTED BY THE BOARD

SECTION 1: Requests to reschedule appeal hearings againstdisciplinary action and other hearings andinvestigations shall be made in writing andsubmitted to the board secretary. The secretaryshall immediately report such requests to the boardchairperson and place requests on the agenda forthe next meeting. The board shall act on suchrequests as it determines to be for cause and inthe public interest under the circumstances.

SECTION 2: If the appellant or his/her attorney request thecontinuance of an appeal hearing for disciplinaryaction under the provisions of R.S. 33:2501, theboard may require a stipulation of the employeereceiving no back pay after the original date setfor the hearing.

SECTION 3: If the appellant fails to appear at the place andtime fixed for any hearing, his/her appeal may bedismissed. If either the appointing authority orthe appellant fails to appear at the place and timefixed for any hearing, the board may, in itsdiscretion, continue the case or proceed with thehearing and render its decision upon thepreponderance evidence as may be adduced at thehearing.

SECTION 4: If, at the appointed time for a hearing, the boarddoes not have a quorum present, or finds othercause for not proceeding at that time, the hearingshall be rescheduled. If an appeal or otherhearing is not completed at one meeting, thehearing shall be continued at another meeting. Theboard shall notify all pertinent parties of therescheduled hearing date.

RULE VIII

PROCEDURES ON APPEAL HEARINGS AND OTHER HEARINGS AND INVESTIGATIONS

SECTION 1: All hearings on appeals and investigations shall beopen to the public except when the board goes intoexecutive session as provided for in R.S. 42:16 andR.S. 42:17. The board shall have complete chargeof all hearings and investigations that come before

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the board, and may conduct them in any manner itdeems advisable, without prejudice to any person orparty thereto. The procedures followed shall beinformal and not necessarily bound by thelegalistic rules of evidence.

SECTION 2: In accordance with R.S. 33:2501(D), any member ofthe board who is the immediate supervisor or directwork associate of any officer or employee appealingremoval, suspension, demotion, discharge, or anyother disciplinary action by the appointingauthority and who is directly involved in theincident out of which such action arose shallrecuse himself/herself from voting on any decisionby the board to affirm, reverse, or modify theorder of the appointing authority. Also, anymember of the board who is an immediate familymember of the appealing employee shall recusehimself/herself from voting on any such decision.For purposes of this section, immediate familymember shall mean any parent, child, sibling, orspouse.

If such recusal by a member of the board results inthe inability of the board to reach a decision bythe concurring votes of four members, the boardshall be considered to have affirmed the action ofthe appointing authority.

SECTION 3: Parties shall have the right, but shall not berequired, to be represented by counsel. When anyparty is represented by an attorney, the boardshall be notified as soon as counsel is retained.Notification must provide the full name, preferredmailing address, phone number, and email address ofthe attorney. When any party is represented bymore than one attorney, only one attorney for anyparty shall be permitted to examine the samewitness.

SECTION 4: Rulings on procedural matters shall normally bemade by the board chairperson, and parties andattorneys appearing before the board shall not havethe right to require a vote of the full board onparticular procedural matters arising during theprogress of a hearing. A vote of the full boardshall be conducted on any matter at any time uponthe motion of two members. In the event of a tievote, the motion fails and the hearing shallproceed forthwith unless another motion is made.

SECTION 5: The rules of evidence as applied in civil trialsbefore the courts of this state shall not bestrictly compiled with, but the board shall limitevidence to matters having a reasonable relevance

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to the issues before the board. The burden ofproof shall be on the appointing authority exceptin those cases where, (1) an employee is allegingthat he/she was not given a fair opportunity toprove his/her abilities in his/her position afterthe appointing authority has failed him/her inhis/her working test period as provided for in R.S.33:2495 and, (2) when the employee allegesdiscrimination based on political or religiousbeliefs, sex, or race.

SECTION 6: Parties and witnesses shall be subject tocross-examination as in civil trials. The boardlooks with favor upon stipulations of undisputedfacts. In appeal hearings against disciplinaryaction, the appointing authority shall be first topresent evidence and testimony followed by theevidence and testimony of the appellant. Boardmembers may ask questions of witnesses.

SECTION 7: The board shall, on request of any party or on itsown motion, sequester witnesses and thus excludethem from the hearing room. The board may instructwitnesses to cease all discussions of the matterthat is before the board.

SECTION 8: Any party desiring the issuance of a subpoena forthe attendance of a witness or the production ofbooks or papers must apply for appropriate order,to the board, in writing at least fifteen (15)calendar days before the date fixed for thehearing. The request for a subpoena of a witnessshall contain the name of the witness, the streetaddress at which the witness may be served, thepurpose of the subpoena, and what evidence ortestimony is sought by the issuance of thesubpoena. The request for a subpoena for books orpapers shall contain a description of the items tobe produced in sufficient detail foridentification, the name of the custodian of suchrecords, the street address of the custodian, thepurpose of the subpoena, and what evidence ortestimony is sought by the issuance of thesubpoena.

Each board member shall have the power to subpoenawitnesses and compel the production of books andpaper without compensation. The board may servesuch subpoenas in any manner it deems appropriate.The board may hire an outside entity to servesubpoenas and the cost shall be billable to theCity of New Iberia.

A subpoena service fee shall be required for eachsubpoena requested after the first four (4) in

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order to cover all cost incurred per subpoena. Anyparty may request an estimate of the subpoena feesfrom the civil service board prior to requestingthe subpoena. The subpoena fee shall be submittedto the board at the time of the request for thesubpoena. The fee shall be paid in the form of amoney order or cashier’s check payable to the Cityof New Iberia. If the subpoena fee is not providedto the board, the board shall not consider thesubpoena request.

SECTION 9: All parties, or their attorneys, shall state theirnames and addresses for the record, and shall bepermitted to give a brief preliminary statement.

Section 10: All persons who will offer testimony or makestatements of fact during the hearing shall besworn. This may be done as a group at the outsetof the hearing or individually as they are calledto testify. Every statement of fact made at anytime during the hearing by any person after havingbeen thus sworn shall be considered to have beenmade under oath, whether the statement is inresponse to a specific question or is volunteeredin the course of a general discussion.

Section 11: An effort shall be made to complete the questioningof each witness by all parties before beginning thequestioning of the next witness. However, theboard's hearings may sometimes be expedited by adiscussion type interrogation involving more thanone witness at a time and this shall be permittedupon occasion within such limitations as the boardmay find necessary or desirable in a particularcase.

Section 12: Information available from a particular witness maybe received in narrative form, by question andanswer, or otherwise as may be directed by theboard from time to time.

Section 13: Documentary evidence shall be filed with and markedfor identification by the secretary of the board,or another person designated for the purpose by theboard chairperson.

Section 14: At the conclusion of the hearing or investigationand before any motions, the board may, in itsdiscretion, hear oral argument, imposing such timelimits as it deems appropriate. If the proceedingsare being transcribed by an official reporter, theoral argument may or may not be transcribed andbound with the transcript of testimony as the boardmay direct.

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Section 15: In reviewing disciplinary action taken against anemployee, the board shall determine if thedisciplinary action was taken in good faith andjust cause, and, if so, whether the punishmentimposed is commensurate with the infraction. Theboard shall determine if the employee’s conductimpaired the efficient operation of the firedepartment.

After the conclusion of the hearing orinvestigation, if the board finds that the actiontaken by the appointing authority was with goodfaith and just cause and the punishment imposed wascommensurate with the infraction, the board shallaffirm the action of the appointing authority.

If the board finds that the action taken by theappointing authority was with good faith and justcause but the punishment was not commensurate withthe infraction, the board shall modify the actionof the appointing authority. The board shallmodify the order of removal, suspension, demotion,discharge, or other disciplinary action bydirecting a suspension without pay for a givenperiod, a reduction in pay to the rate prevailingfor the next lower class, a reduction or demotionto a position of any lower class and to the rate ofpay prevailing thereof, or such other lesserpunitive action that may be appropriate under thecircumstances.

If the board finds that all of the disciplinaryaction taken was not with good faith and justcause, the board shall overturn the action of theappointing authority. The board shall order theimmediate reinstatement of such individual in theoffice, place, position, or employment from whichhe/she was removed, suspended, demoted, ordischarged. The reinstatement shall, if the boardso provides, be retroactive and entitle him/her tohis/her regular pay from the time of removal,suspension, demotion, discharge, or otherdisciplinary action.

If the board finds that the appointing authorityviolated any part of the Louisiana Fire ServiceBill of Rights and the individual was not affordedhis/her due process in accordance with R.S.33:2181.C the board shall declare the action to bean absolute nullity, and overturn the action takenby the appointing authority.

Section 16: In the case of a tie vote and no board memberrecused himself/herself under the provisions ofR.S. 33:2476(M) and Section 2 of Rule VIII, the

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board shall not have reached a decision. The boardshall set a new date for the appeal hearing andrehear the case, allowing for any additionaladmissible evidence, and render a decision thatwould be appealable to the district court. Theboard shall notify the employee and the appointingauthority of the date, time, and place of thehearing at least ten (10) calendar days in advanceof the date set for the new hearing. The boardshall also notify the employee’s attorney, theappointing authority’s attorney, and the respectivechief, but is not required by law.

Section 17: The decision of the board together with the board'swritten finding of fact, shall be certified inwriting to the appointing authority forenforcement.

Section 18: Any employee and the appointing authority mayappeal from any decision of the board or from anyaction taken by the board under the provisions ofcivil service law which is prejudicial to theemployee or appointing authority. This appeal shalllie direct to the court of original and unlimitedjurisdiction in civil suits of Iberia Parish. Thisappeal shall be taken by serving the board, withinthirty (30) calendar days of its decision, awritten notice of appeal, stating the groundsthereof and demanding that a certified transcriptof the record, or written findings of fact, and allpapers on file in the office of the board affectingor relating to such decisions, be filed with thedesignated court. The board shall, within ten (10)calendar days after the filing of the notice ofappeal, make, certify and file the completetranscript, if available, with the designatedcourt.

RULE IX

TRANSCRIPTS OF HEARINGS

SECTION 1: The board shall not be required to have thetestimony of a hearing or investigation by theboard taken and transcribed. If any party to thehearing desires a permanent transcript of anyhearing, the party shall furnish a court reporterfor said purpose at the party’s own expense. Theparty furnishing a court reporter shall beresponsible for payment to the court reporter.

Where a court reporter is furnished and theproceedings are transcribed, the first copy of theoriginal of the transcript shall be filed with the

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board and shall become part of the permanent recordof any subsequent appeal. Where no court reporteris furnished, the secretary of the board shallmaintain as complete notes as is feasible and theboard shall issue a written finding of fact. Anyparty may request a copy of the minutes of thehearing, and, if recorded, a copy of the recording.

RULE X

APPLICATION FOR ADMISSION TO TEST

SECTION 1: Test for entry upon promotional and competitiveemployment list shall be advertised for andadministered in accordance with R.S. 33:2492. Testfor entrance upon competitive employment list maybe given as the needs of the service require asdetermined by the civil service board. Test forentry upon promotional employment list may be givenas the needs of the service require and shall begiven at least one time during each successiveperiod of eighteen (18) months.

SECTION 2: Applications for admission to tests on boardapproved forms, shall be received only by thoseindividuals designated by the board at any timebefore final date for receiving applications.Applications filed with persons other than thosedesignated to receive them shall not be consideredto have been filed with the board until submittedto such designated persons. Individuals designatedto receive applications shall forward suchapplications to the board secretary, which shall bekept as a permanent record of the board. Theboard shall reject all applications filed after thetime fixed for closing date for receipt ofapplications as announced in the public notice ofthe tests. Approved applicants shall be notifiedat least five (5) calendar days in advance of thedate fixed for the exam.

SECTION 3: Competitive employment lists shall be maintained bythe board for eighteen (18) months. Promotional employment lists shall be maintained by the boardfor forty-eight (48) months.

SECTION 4: Admission to tests shall be governed by provisionsof R.S. 33:2493 and the qualification requirementsof the classification plan of the board. In theevent of a demonstrated need for an eligibilitylist, the board may waive any requirement in theclassification plan deemed necessary in order toestablish a qualified pool of applicants fortesting. A demonstrated need is established when

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an active provisional appointment exists in theclassification to be tested and it is anticipatedthat an adequate list cannot be established underexisting rules.

SECTION 5: A classified employee who was unable to apply forand/or missed a promotional examination due tohis/her placement on military leave with or withoutpay may apply for such examination upon his/herreturn. It is the employee’s responsibility tocontact the board in order to determine if he/shemissed a promotional examination.

In order to be eligible for admission to apromotional examination, the employee must havebeen on military leave during the entire thirty(30) day posting period for the examination. Theemployee must have met all the qualificationrequirements for the examination as posted by theboard and would have been approved for admission tothe examination if he/she had not been on militaryleave. Or, if the employee had submitted anapplication and was approved to be admitted to theexamination, he/she must have been on militaryleave on the date of the examination.

If the employee did not have an opportunity tosubmit an application, the employee shall submithis/her application and all required attachments tothe board within thirty (30) calendar daysfollowing his/her return to duty with the firedepartment. If the employee had submitted anapplication and was approved to be admitted to anexamination and was on military leave on the dateof the examination, the employee must submit arequest to take the examination within thirty (30)calendar days following his/her return to duty withthe fire department.

When the board receives an application foradmission to an examination or a request to take anexamination from an employee who was on militaryleave it shall review such at its next regularmeeting. If the application or request isapproved, the board shall contact the Office ofState Examiner in order that the examination may bescheduled. Such examinations shall be administeredby the Office of State Examiner at their BatonRouge office. The board shall notify the employeeat least five (5) calendar days in advance of thedate fixed for the exam.

SECTION 6: When the results of any examination are furnishedto the board by the Office of State Examiner forapproval, the board shall consider such approval at

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its next regular meeting. However, the boardchairman shall call a special meeting withinfifteen (15) calendar days for consideration ofapproval of the results of any examination neededfor a vacancy that has been filled by a provisionalappointment. Employment lists shall becomeeffective upon approval of and by a majority voteof the board. The board shall file a copy of theapproved grades with the Office of State Examinerwhich shall include the signature of thechairperson and the date of the board’s approval.

RULE XI

RULES OF THE BOARD - ADOPTION AND AMENDMENT OF THE CLASSIFICATIONPLAN AND BOARD RULES

SECTION 1: The board shall adopt, amend and maintain aclassification plan that shall consist of classesdesignated by class titles for all positions in theclassified fire service. The board shall adopt,amend, and maintain a set of board rules necessaryto carry out effectively the provisions of civilservice law and to provide for leaves of absencefor the classified fire employees. Theclassification plan and the board rules shall bemaintained as rules of the board and shall have theforce and effect of law.

SECTION 2: The board shall approve proposed revisions to itsclassification plan or board rules at a publichearing. The board shall hold a public hearing toconsider amending the rules of the board. The boardshall provide notification of the hearing,including a copy of the current classification planor board rule(s) and the proposed classificationplan or board rule(s) for a period of not less thanthirty (30) calendar days prior to the date set forthe public hearing. Such notice shall be posted atthe place of the hearing and shall be provided tothe New Iberia City Council, mayor, the fire chief,the state examiner, and any other party whom therule may in anyway effect. Such notice shall alsobe posted for the same period at each fire stationand building occupied by employees of theclassified service.

SECTION 3: The board shall hold a public hearing at which timeany city officer, employee, private citizen, or thestate examiner’s office should be given theopportunity, in person or via writtencorrespondence to offer comment as to why such ruleor any part thereof should not be adopted.

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SECTION 4: Within thirty (30) calendar days after adoption ofamendments to the rules of the board, the boardshall provide one copy of such to the governingauthority, the appointing authority, the firechief, the State Examiner, each board member, andto the fire department for duplication anddistribution to each station and building occupiedby the employees of the classified service.

SECTION 5: A copy of the classification plan or board rulesshall be given to any person requesting such.

RULE XII

LEAVES OF ABSENCE

SECTION 1: Leaves of Absence

A. Leaves of absence are classified as follows:1. Leave of absence with pay2. Leave of absence without pay3. Absence without leave and pay

Absence without leave and pay (AWOL)occurs when an employee does not reportto work on his/her assigned work shiftand did not receive permission to taketime off and is in a non-approved andnon-pay status. Any employee who isabsent without leave and pay may besubject to disciplinary action, up to andincluding termination.

B. Annual Leave

1. Each full time employee of the classifiedfire service shall be entitled to annualleave with full pay after having servedone (1) year with the New Iberia FireDepartment in accordance with Table 1.

2. Employees shall not be required to usetheir annual vacation days on days thatthey are not scheduled to work.

3. The vacation privileges herein providedfor shall not be forfeited by any memberof the fire department for any cause.

4. The appointing authority has the right toregulate the time at which any employeeis granted annual leave as provided inR.S. 33:2497.

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TABLE 1 - FIRE DEPARTMENT ANNUAL LEAVE

Years ofService

40 Hour/WeekEmployees

(Hours per year)

24-Hour ShiftEmployees

(Hours per year)

1 to 10 years 144 hours 216 hours

11 years 160 hours 240 hours











22 years and more

240 hours 360 hours

C. Sick leave:

1. Each employee of the classified fireservice shall be entitled to and given,with full pay, sick leave not less thanfifty-two (52) weeks for any sickness orinjury or incapacity not brought about bythe employee’s own negligence or culpableindiscretion. Any employee of theclassified service who draws such fullpay during sick leave shall have such paydecreased by the amount of workman'scompensation benefits actually receivedby such employee.

2. Sick leave shall not be used for absencesincurred because of attendance topersonal affairs. Any employee on sickleave is required to diligently pursuefull recovery and any activity which iscontrary to this endeavor may be thebasis for disciplinary action which couldinclude termination.

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3. Sick leave is applicable to maternityclaims. Maternity leave commences when adoctor certifies that the employee cannotperform the duties of her position asassigned by the appointing authority.

D. Attendance Incentive Leave

Twenty-four (24) hour shift employees who havenot used any sick leave in a calendar yearshall receive 48 hours (4 calendar days) offwith pay in the following calendar year.

Forty (40) hour a week employees who have notused any sick leave in a calendar year shallreceive 32 hours (4 calendar days)off with payin the following calendar year.

This leave with pay shall be in addition toannual leave.

E. Funeral Leave

1. Definitions

Work shift shall be defined as acontinuous period of duty which may coverparts of two calendar days.

Calendar day shall be defined as acontinuous 24-hour period of time frommidnight to midnight upon which a workshift may fall.

2. Members of an employee's immediate familyshall be defined to include theemployee’s spouse, children, step-children, mother, father, sister, andbrother.

3. 24-hour shift employees: funeral leave inthe event of a death of a member of theemployee’s immediate family shall beauthorized without loss of pay or leavetime not to exceed two (2) consecutivework shifts (4 calendar days).

40 hour a week employees: funeral leavein the event of a death of a member ofthe employee’s immediate family shall beauthorized without loss of pay or leavetime not to exceed four (4) consecutivecalendar days.

4. Members of an employee's extended family

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shall be defined to include theemployee’s grandmother, grandfather,mother-in-law, father-in-law, sister-in-law, and brother-in-law.

5. 24-hour shift employees: funeral leave inthe event of a death of a member of theemployee’s extended family shall beauthorized without loss of pay or leavetime not to exceed one (1) work shift (2calendar days).

40 hour a week employees: funeral leavein the event of a death of a member ofthe employee’s extended family shall beauthorized without loss of pay or leavetime not to exceed two (2) consecutivecalendar days.

6. Funeral leave in the event of a death ofan individual other than the employee’sfamily members listed in numbers 2 and 4shall be authorized without loss of payor leave time not to exceed four (4)hours in order to attend the funeral.

7. Employees shall not be required to usetheir funeral leave on days that they arenot scheduled to work.

F. Examinations

Each employee of the classified service shallbe granted "leave of absence with pay" to takeany civil service examination to which he/shehas been approved for admission by the NewIberia Municipal Fire Civil Service Board.

Provisional employees are granted "leave ofabsence with pay" to take a municipal firecivil service examination for the class thatthey hold provisionally.

G. Civil Leave

Each employee of the classified service shallbe granted leave of absence with pay whenordered to jury duty. If an employee issubpoenaed as a witness in any courtproceeding, civil service hearing, or inproceedings of other duly authorized publicbody, such classified employee shall begranted leave of absence with pay for anyperiod of time his/her presence andavailability is demanded. If an employee is

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subpoenaed for departmental business while onduty, the employee will be allowed time awayfrom his/her assigned duties in accordancewith departmental policies. Civil leave shallnot be used for absences incurred because ofcourt attendance relating to personal affairs. Civil leave of absence with pay may be grantedin order to participate in emergency orcivilian duty in connection with nationaldefense or homeland security.

H. Civil Service Board Attendance

The fire department member of the civilservice board shall be granted leave ofabsence with pay for the duration of any civilservice board meeting which the employeerepresentative attends, or for any timerequired to assist with civil serviceexaminations, or other official business ofthe civil service board.

I. Military Leave with Pay

Any member of the classified service shall beauthorized to take leave without loss of pay,time, annual leave, or efficiency rating onall days during which he/she is ordered toduty with troops or at field exercises, or forinstruction required by membership of theOfficers’ Reserve Corps of the Army of theUnited States, the National Guard of theUnited States, the Naval Reserve Corps, theMarine Corps Reserve, the Air Force Reserve,the Citizens Military Training Corps, theCivil Air Patrol, or the Coast Guard Reserve,either as officers or enlisted personnel, fora maximum of fifteen (15) days in any onecalendar year, as provided by R.S. 42:394.

J. Military Leave without Pay

1. Any member of the classified service,except as provided in number 3, wholeaves employment in order to performvoluntary or involuntary service in theuniformed services of the Army, Navy, AirForce, Marine Corps, Coast Guard,National Guard, reserve militarypersonnel, members of the NationalDisaster Medical System as specified infederal law, and other category ofpersons designated by the President intime of war or national emergency, shallbe given any leave due the employee in

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Sub-section I. Should the employee haveused all leave to which he/she isentitled (in Sub-section I), he/she shallbe granted military leave without payuntil he/she returns to duty.

2. Any such employee may request and shallbe granted any unused annual leave orcompensatory leave. An employee cannotbe required to use such leaves ofabsence.

3. An employee serving in a provisionalappointment who is not a regular andpermanent employee shall not be grantedmilitary leave without pay. He/she shallbe required to resign or be separatedfrom the service.

4. A recruit serving in formal training whohas been placed on military leave withoutpay for thirty (30) days or more shallhave his/her formal training interruptedfor the duration of the military leave. The employee shall resume his/her formaltraining the day he/she reports to activeduty with his/her respective department. The time the employee served in his/herformal training prior to the interruptionand the time the employee serves in theformal training after it is resumed willbe used in calculating the total timeserved in his/her formal training. Theemployee must meet the requirements ofR.S. 33:2495.1 prior to beginning his/herworking test.

5. A probational employee serving in aworking test who has been placed onmilitary leave without pay for thirty(30) days or more shall have his/herworking test interrupted for theduration of the military leave. Theemployee shall resume his/her workingtest the day he/she reports to activeduty with his/her respective department. The time the employee served in his/herworking test prior to the interruptionand the time the employee serves in theworking test after it is resumed will beused in calculating the total time servedin his/her working test. The employeemust meet the requirements of R.S.33:2495 prior to confirmation as apermanent employee in his/her respective

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class.

6. An employee who has his/her formaltraining or working test interrupted dueto military leave shall be made whole atthe completion of such periods. Theemployee’s records shall reflect the datehe/she would have completed his/herformal training or working test hadhe/she not been on military leave. Theemployee’s seniority date, if required,shall be adjusted to reflect the datehe/she would have begun accruingseniority had he/she not been on militaryleave.

7. The appointing authority shall report military leaves of absence without pay,interruption of formal training andworking test, and resuming the formaltraining and working test to the boardwithin fifteen (15) days of the effectivedate of action.

K. Personal Leave

Each member of the classified service mayapply to the appointing authority for personaltime off when such time off shall not exceedtwo (2) calendar days and no accumulatedannual leave has been accrued. This leave isclassified as "leave of absence without pay."

Any member of the classified service takingpersonal time off without applying for sameshall be considered as "absent without leaveor pay."

L. Special Leave - Seniority

Special leave of absence, with or without pay,may be granted by the appointing authority fora period not to exceed one (1) year where suchleave is determined to be in the departmentalinterest. Notification of the board shall notbe required for special leave with pay for aperiod not to exceed thirty (30) consecutivedays. Where special leave of absence may begranted with or without pay for a periodgreater than thirty (30) consecutive days, theboard shall be notified in writing of thecomplete reasons therefor at least thirty (30)days prior to the effective date of the leaveof absence. In the event that special leaveof absence without pay may be granted for more

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than thirty (30) consecutive days, the boardshall determine whether departmental seniorityis to be interrupted or continued.

Before beginning special leave, the employeeshall be required to first exhaust allaccumulated annual and compensatory leave. Such leave shall not be granted in lieu ofmilitary leave or other leave of absence, asotherwise provided in these rules. However,special leave of absence may be applied inemergency situations in which employees may becalled to serve in a non-military capacity inrelation to national defense and homelandsecurity. Under no circumstances shall suchspecial leave be granted for the purpose ofengaging in other employment.

M. Leave for Specialized Disaster ServiceVolunteer

1. Any employee who is a trained disastervolunteer of the American Red Cross maybe granted leave from his/her regularwork assignments, with pay, and withoutloss of seniority, annual leave, sickleave, or earned overtime or compensatorytime accumulation, for any period not toexceed fifteen (15) work days in anytwelve (12) month period, to participatein specialized disaster relief servicesfor disasters designated at Level III orabove in the American Red CrossRegulations and Procedures.

2. Leave may be granted upon written requestof the employee to the appointingauthority which shall includecertification of the employee as atrained American Red Cross disastervolunteer, the nature and location of thedisaster, anticipated duration of theleave, nature of services required,certification by an official of theAmerican Red Cross that the employee'sservices are needed, and the identity andtitle of the official of the American RedCross to whom the employee is to report.

N. Family Medical Leave (Public Law 103-3)

1. Notwithstanding the provisions ofSubsection 2.b. (Military FMLA Leave):

a. Eligibility for Family Medical Leave

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shall be extended to classifiedemployees of the fire service whohave worked a total of at least 12months and at least 1,250 hours inthe 12 months immediately precedingthe commencement of the leave.

b. A classified employee who is areturning uniformed service memberprotected under the USERRA shall beeligible if, but for his or hermilitary service, the employee wouldhave worked a total of at least 12months and at least 1,250 hours inthe 12 months immediately precedingthe commencement of the leave.

2. a. Regular FMLA Leave - Employees ofthe classified service shall beeligible for up to twelve (12)workweeks of unpaid leave due to:

I. birth and care of eligibleemployee’s child;

ii. placement for adoption orfoster care of a child with theemployee;

iii. care of an immediate familymember (spouse, child, parent)who has a serious healthcondition;

iv. care of the employee’s ownserious health condition;

v. because of any qualifyingexigency arising out of thefact that the employee’sspouse, son, daughter, orparent is covered member onactive duty or has beennotified of an impending callor order to active duty, insupport of contingencyoperation, or;

vi. other reasons provided inPublic Law 103-3.

Not more than twelve (12) weeks ofthe combined total may be applied toregular FMLA leave during any singletwelve-month period.

b. Military FMLA Leave - Employees ofthe classified service shall beeligible for up to twenty-six (26)workweeks of unpaid leave in order

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to care for a covered service memberwith a serious injury or illness, asprovided in Public Law 103-3. Suchservice member shall be defined as:

I. a member of the armed forces(including the National Guardor Reserves) who is undergoingm e d i c a l t r e a t m e n t ,recuperation, or therapy, isotherwise in outpatient status,or is otherwise on thetemporary disability retiredlist, for a serious injury orillness;

ii. a veteran who is undergoingm e d i c a l t r e a t m e n t ,recuperation, or therapy, for aserious injury or illness andwho was a member of the armedforces (including the NationalGuard or Reserves) at any timeduring the period of five (5)years preceding the date onwhich the veteran undergoesthat medical treatment,recuperation, or therapy.

The combined total of military FMLAleave and regular FMLA leave shallnot exceed twenty-six (26) weeksduring a single twelve-month period.

3. Spouses employed by the same department

shall be limited in the amount of FMLAleave to a combined total of twelve (12)weeks of regular FMLA leave or twenty-six(26) weeks of military FMLA for thefollowing reasons:

a. the birth and care of a newbornchild

b. placement of a child for adoption orfoster care

c. to care for a patient who has aserious health condition

4. At the discretion of the appointingauthority, FMLA leave may runconcurrently with paid leave, as follows:

a. Paid sick leave, only when suchleave is necessary for the care ofthe employee’s own serious healthcondition.

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b. Compensatory and/or paid annualleave, when such leave is necessaryfor all other FMLA reasons.Compensatory leave shall beexhausted prior to using annualleave.

5. When paid leave is exhausted, an employeeshall be entitled to the remaining unpaidFMLA leave, if any, to which he/she isentitled.

6. Accrual of departmental seniority whileon FMLA leave shall continue only whenFMLA leave is run concurrently with paidleave. Unpaid FMLA leave shall be servedwithout credit for departmentalseniority.

O. Administrative leave with pay

The appointing authority may grantadministrative leave with pay for periods notto exceed sixty (60) days when circumstancesdevelop that would warrant the removal of anemployee from the department withoutdisadvantage in order for the appointingauthority to conduct an investigationconcerning the conduct of the employee or asmay otherwise be required under departmentpolicies and procedures. This period may beextended up to an additional sixty (60) dayperiod with prior approval of the civilservice board, when circumstances warrant suchextension. Administrative leave shall beterminated upon the employee being ordered toreturn to active duty or upon the appointingauthority affecting disciplinary action,whichever occurs first.

P. Expiration of Leave

Any employee who fails to report for duty uponthe expiration of any authorized leave may beconsidered to be absent without leave and payand may be subject to disciplinary action, upto and including termination.

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