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Legal Memorandum: "Person in the Classified Service"

Issue: Is a Deputy City Marshal in Shreveport considered a ‘classified’ employee pursuant to Louisiana’s City Civil Service Law, and thus eligible to receive protection from wrongful termination?

Area of Law: Employee Law, Municipal, County and Local Law
Keywords: Classified service; Primary duty and responsibility; Appointments without examination
Jurisdiction:  Louisiana
Cited Cases: 42 So. 2d 65; 645 So. 2d 244
Cited Statutes: La. Rev. Stat. § 33:2504(A)(6), § 33:2481(A), § 33:2473(7), § 33:2481(B)(1), § 33:2481, § 33:2401(A)(2), (6)(c)
Date: 06/01/2009

The governing law is La. Rev. Stat. § 33:2504(A)(6).  Section 33:2504(A) is located in Part II of the City Civil Service Law; it is entitled “Fire and Police Civil Service Law for Municipalities Between 13,000 and 250,000.”*FN1 The section pursuant to which a former employee may claim liable prohibits discipline or discrimination

against any person in the classified service for the purpose of influencing his vote, support, or other political activity in any election or primary election [or the use of] his official authority or influence, by threats, promises or other means, directly or indirectly, to coerce the political action of any employee in the classified service.

La. Rev. Stat. § 33:2504(A)(6).

The definition of a “person in the classified service” in Part II of the Civil Service Law includes a person who can be selected, appointed, supervised, or discharged by the City or a City employee or officer and for whom at least one of his or her primary duties is a listed fire or police duty.

A.  The classified service shall comprise every position, except those included in the unclassified service, to which the right of employee selection, appointment, supervision, and discharge is vested in the municipal government or with an officer or employee thereof, and which has as its primary duty and responsibility one of the following:

(FIRE)

(1)  The chief and assistant chiefs; the intradepartmental division, bureau, squad, platoon and company officers of the […]

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