2021 Louisiana Laws
Revised Statutes
Title 42 - Public Officers and Employees

NOTE: This provision of law was included in the Unconstitutional Statutes Biennial Report to the Legislature, dated March 14, 2016.

• §39. Judges; ineligibility to become candidate for other elective office; conditions and exceptions
• §39.1. Judges; eligibility to serve on boards of directors of financial institutions
• §39.2. Justices of the peace; ineligibility of temporary appointees to fill vacancy
• §1141.4. Notice and procedure
• §1141.5. Adjudicatory hearings
• §1141.6. Declaratory opinions
• §1142. Appeals
• §1143. Procedure and rules of evidence

PART II. SUBVERSIVE ACTIVITIES BY PUBLIC EMPLOYEES OR BY STUDENTS

• §51. Declaration of policy
• §52. Oath or affirmation; form
• §53. Oath or affirmation; prospective employees
• §54. Subversive activities prohibited
• §55. Definitions
• §56. Dismissal from employment; expulsion from educational institution
• §57. Hearing; review
• §58. Appeal

PART III. DUAL OFFICEHOLDING AND DUAL EMPLOYMENT

• §61. Declaration of policy
• §62. Definitions
• §63. Prohibitions
• §64. Incompatible offices
• §65. Civil remedy; penalty
• §66. Exemptions

PART IV. QUALIFICATIONS FOR MANAGEMENT PERSONNEL

• §67. Unclassified management positions
• §67.1. Minimum qualifications
• §67.2. Inapplicability of Part
• §67.3. Additional qualifications

CHAPTER 2-A. EXECUTIVE MANAGEMENT DEVELOPMENT

CHAPTER 3. RIGHT TO OFFICE

• §71. Usurpation of office; punishment
• §72. Recognition of usurper; penalty
• §73. Declaration of forfeiture of office created by statute
• §74. Declaration of forfeiture of office created by constitution
• §75. Appointment to fill vacancy
• §76. Actions to try right to office; associations acting as corporations
• §77. Personal right of action
• §78. Service; answer
• §79. Interested persons to be joined with state
• §80. Complaint; decree
• §81. Demand for possession
• §82. Damages
• §83. Joinder of claimants
• §84. Defendant liable for costs and damages
• §85. Appeal
• §86. Manner of trial
• §87. Discontinuance of contests

CHAPTER 3-A. SUSPENSION FROM BOARD

• §91. Purpose
• §92. Automatic removal

CHAPTER 4. QUALIFICATION BY TAKING OATH AND

• §141. Time limitation on oath and bond; failure to comply
• §142. Time limitation for persons in military service

• §161. Public officers to take constitutional oath
• §162. Administration and recordation of oath or affirmation
• §163. Public officers; date salary commences

• §181. Bond with surety residing in parish, or by surety company
• §182. Officers to whom not applicable
• §183. To whom bond payable
• §184. Acceptance of bonds
• §185. Acceptance of sureties to be unanimous; appeal
• §186. Authentication and recordation of bonds
• §187. Bond operates as mortgage except when signed by surety company
• §188. Bond to remain on file; copy admissible in evidence
• §189. Duty of recorder to transmit copies
• §190. Release of surety for cause; new bond
• §191. Effect of failure to give new bond
• §192. Summary proceedings
• §193. Suits to test sufficiency of surety; summary trial; appeal
• §194. New bond
• §195. Change in salary or compensation not to discharge bonds
• §196. Sale of land of principal and sureties upon execution
• §197. Amount of liability may be stipulated
• §198. Special mortgage may be substituted for bond; appraisal
• §199. Release of sureties by special mortgage
• §200. Effect of special mortgage
• §201. Special mortgage may be transferred to other property
• §202. Mode of transfer
• §203. Annulment of bonds and mortgages after expiration of office, etc.
• §204. §§204, 205 Repealed by Acts 1964, No. 233, §2
• §206. Premium on bonds, how paid

CHAPTER 5. DUTIES

• §261. District attorneys; counsel for boards and commissions
• §261.1. Certain parish and city school boards; employment of general attorney
• §261.2. Repealed by Acts 1983, No. 475, §3.
• §261.3. Execution of personal judgments against public officials
• §262. Special attorney or counsel
• §263. Resolution requesting special counsel
• §264. Penalties
• §265. Special services by Attorney General
• §266. Mailing of notices, documents or communications: registration or certification optional
• §267. Naming public buildings, etc., in honor of a living person prohibited; penalty

PART II. REPORTS

• §281. Officers to render account of contingent fund
• §282. Record of monies received; penalty for violation
• §282.1. Disbursement of funds by state agency, board or commission; information to be provided to legislators; penalty for violation
• §283. Expenditures to be reported to police juries and clerks of court
• §284. Reports, classification, and itemization
• §285. Names of deputies, employees, etc., and compensation to be reported
• §286. Time of making report
• §287. Publication of reports
• §288. Penalties
• §289. Definitions
• §290. Filing of information on employees; exceptions; penalties
• §291. Compilation of reported information; reports

PART III. DEFAULTERS

• §301. Default in settlement of arrears; suspension from office
• §302. Temporary appointment during suspension
• §303. Power of governor to remove for cause is not modified
• §304. Report of defaulters by State Auditor to legislature
• §305. Annual report of defaulters; penalty
• §306. Annual publication of list of defaulters
• §307. Governor to publish annually list of defaulters reported to him

PART IV. DELIVERY OF RECORDS TO SUCCESSORS

• §321. Outgoing officer to deliver records to successor
• §322. Penalty for failure to deliver records; application

PART V. FIRST ASSISTANTS

CHAPTER 6. PREVENTION OF SEXUAL HARASSMENT

• §341. Definitions
• §342. Mandatory policy prohibiting sexual harassment
• §343. Preventing sexual harassment; mandatory training requirements
• §344. Mandatory reports
• §345. Department of State Civil Service; assistance

CHAPTER 6-A. REIMBURSEMENT OF AMOUNTS PAID

• §351. Declaration of public policy
• §352. Definitions
• §353. Litigation and settlements
• §354. Dissemination of information to all elected officials, public employees, and public servants
• §355. Public record; exception

CHAPTER 7. VACANCIES

• §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
• §372. Repealed by Acts 1981, No. 839, §3
• §373. Repealed by Acts 2014, No. 202, §2, eff. May 22, 2014.
• §374. Appointments by governor and senate; when nominations to be sent to senate
• §375. Vacancies in positions of employment; regulation of filling; executive orders contents
• §375.2. Agency attrition analysis process, higher education systems
• §376. Appointments by governor; withdrawal prior to Senate confirmation; interim appointment prohibited

CHAPTER 8. LEAVE OF ABSENCE, REINSTATEMENT

• §391. Leave of absence for state and parish officers
• §392. Leave of absence for public officers who are members of the reserve forces
• §393. Designation of deputy; exceptions
• §394. Leave of absence for officers and employees in certain branches of armed forces
• §395. Governor may grant leave to appointive officials in armed forces; salary to cease
• §396. Temporary appointments
• §397. Reinstatement
• §398. Leave not accrued; unclassified health care professional employee pool

PART II. REINSTATEMENT

• §401. Reinstatement after military service
• §402. Officers and employees who may be reinstated
• §403. Application for reinstatement
• §404. Persons to whom reinstatement provisions do not apply
• §405. Mandamus proceedings to enforce reinstatement
• §406. Penalty for violation of provisions of this Part

PART III. ACCRUED LEAVE

PART IV. ATHLETIC LEAVE OF ABSENCE

• §431. Definitions
• §432. Leave of absence to participate in Athletic competition on the world, Pan American, or Olympic level
• §433. Notification of employer
• §434. Cancellation of leave
• §435. Reimbursement of costs for substitute

PART V. STATE EMPLOYEE LEAVE TRANSFER PROGRAM

• §441. Definitions
• §442. Leave transfer pools; establishment
• §443. Pool leave account; participation; use
• §444. Pool account leave request
• §445. Agency procedures
• §446. Agency considerations
• §447. Leave remaining after termination of personal emergency

PART VI. DISASTER SERVICE LEAVE OF ABSENCE

• §450.1. Definitions
• §450.2. Leave of absence; disaster relief; annual limitation; compensation and benefits
• §450.3. Notification of employer
• §450.4. Reinstatement after disaster service leave
• §450.5. Employing agency discretion

CHAPTER 9. PAYROLL WITHHOLDINGS

• §451. Payroll Savings Plan Established
• §452. U.S. Series "EE" Bond Account/Fund
• §453. Payroll System Custodian declared trustee
• §454. Deductions and credits; refunds
• §455. Payroll deduction rules
• §456. Permitted withholdings
• §456.1. Permitted withholding; Louisiana Student Tuition Assistance and Revenue Trust Program education savings account
• §456.2. Permitted withholding; Louisiana Student Tuition Assistance and Revenue Trust Kindergarten Through Grade Twelve Program
• §457. Union dues
• §457.1. Professional law enforcement and firefighter association dues
• §458. Deduction fees
• §459. Waiver of increase in salary or compensation
• §460. Recoupment of overpayments; establishment of rules
• §461. State employee compensation payments via electronic funds transfer

CHAPTER 10. RETIREMENT

CHAPTER 11. LOUISIANA MERIT SYSTEM

• §721. Establishment
• §722. Agencies governed
• §723. Positions exempted
• §724. §§724 to 727 repealed by Acts 1989, No. 662, §8, eff. July 7, 1989.
• §728. Duties of the merit system director
• §729. Statement of policy
• §730. Definitions; interchange of employees; authority of agency heads

CHAPTER 12. GROUP INSURANCE

• §801. Administration
• §802. Powers and duties; Office of Group Benefits
• §802.1. Benefit plans for provision of coverage through a fully insured product provided by a health maintenance organization domiciled in Louisiana
• §803. Chief executive officer; chief operating officer; powers and duties
• §804. §804. Repealed by Acts 2018, No. 676, §2.
• §805. Collection and deposit of contributions
• §806. Claims
• §807. Retroactive cancellation of coverage
• §808. Eligibility in group programs
• §809. Payroll deductions for payment of premiums, surcharges, and other voluntary contributions
• §810. Audit of program accounts
• §811. Termination provisions

PART II. LIFE INSURANCE

PART III. HEALTH AND ACCIDENT INSURANCE

• §851. Authority for employee benefit programs; payroll deduction for payment of premiums
• §852. Coverage for optometric services
• §853. Coverage for chiropractic services
• §854. Office of Group Benefits; use of monies
• §855. Repealed by Acts 2018, No. 676, §2.
• §856. Optional coverage for rehabilitative physical therapy, speech and language pathology therapy, and occupational therapy
• §857. Authorization for surcharge
• §858. Contracts to be subject to other laws concerning group insurance
• §859. Refund of expenditures ineligible for reimbursement
• § 860. Severe obesity; legislative findings; coverage required

PART IV. GROUP PLANS FOR PURCHASING ANNUITIES

PART V. GROUP BENEFITS POLICY AND PLANNING BOARD

• §881. Establishment of the Group Benefits Policy and Planning Board
• §882. Composition of board
• §883. Officers; oath; meetings; quorum; minutes; reports; compensation

CHAPTER 13. OLD AGE, SURVIVORS, DISABILITY, AND

• §1001. Declaration of policy
• §1002. Definitions
• §1003. Federal-State agreement
• §1004. Contributions by state employees
• §1005. Plans for coverage of employees of political subdivision and of state and local instrumentalities
• §1006. Repealed by Acts 2004, No. 280, §2, eff. July 1, 2004.
• §1007. Repealed by Acts 2004, No. 280, §2, eff. July 1, 2004.
• §1008. Rules and regulations
• §1009. Studies and reports
• §1010. Referenda and certification
• §1011. Effective date of agreement or modification for coverage

CHAPTER 14. SUBSISTENCE ALLOWANCE

• §1051. State police officials; designation of portion of salary as statutory subsistence allowance
• §1052. Political subdivisions; authorization to designate portion of police salary as subsistence allowance

CHAPTER 15. CODE OF GOVERNMENTAL ETHICS

• §1101. Declaration of policy
• §1102. Definitions

PART II. ETHICAL STANDARDS FOR PUBLIC SERVANTS

• §1111. Payment from nonpublic sources
• §1111.1. Charitable giving to public servants during gubernatorially declared disasters and emergencies; limitations; requirements; annual reports
• §1112. Participation in certain transactions involving the governmental entity
• §1112.1. Service on a civil service commission; recusal
• §1113. Prohibited contractual arrangements; exceptions; reports
• §1113.1. Gubernatorially declared emergencies or disasters; prohibited personal use conversion and prohibited preferences
• §1114. Financial disclosure
• §1114.1. Repealed by Acts 2008, 1st Ex. Sess., No. 1, §3, eff. Jan. 1, 2009.
• §1114.2. Financial disclosure; retirement systems
• §1114.3. Disaster or emergency contracts; prohibition; disclosure
• §1115. Gifts
• §1115.1. Limitation on food, drink, and refreshment
• §1115.2. Admission to events; lodging; travel
• §1116. Abuse of office
• §1116.1. Repealed by Acts 2003, No. 1292, §1.
• §1117. Illegal payments
• §1117.1. Subterfuge to avoid compliance
• §1118. Influencing action by legislature or governing authority
• §1118.1. Studies or position papers on public policy
• §1119. Nepotism
• §1120. Recusal from voting
• §1120.1. Repealed by Acts 2018, No. 534, §3.
• §1120.2. Repealed by Acts 2008, No. 685, §2 .
• §1120.3. Repealed by Acts 2008, No. 685, §2.
• §1120.4. Recusal from voting; certain appointed members of boards and commissions
• §1121. Assistance to certain persons after termination of public service
• §1121.1. Assistance to certain persons after termination of public service
• §1122. Continuation in certain pension and other plans by public servants
• §1123. Exceptions
• §1123.1. Exception; operation of hospital owned by Hospital Service District Number Two of Beauregard Parish
• §1123.2. Exception; certain positions at the Louisiana Department of Health
• §1124. Financial disclosure; statewide elected officials; certain public servants
• §1124.1. Penalties; required reports; failure to file; timely and accurate filing
• §1124.2. Financial disclosure; certain elected officials; members of certain boards and commissions; ethics administrator
• §1124.2.1. Financial disclosure; members of boards and commissions
• §1124.3. Financial disclosure; certain elected officials, voting districts of under five thousand
• §1124.4. Penalties
• §1124.5. Disclosure; Board of Ethics; ethics administrator
• §1124.6. Disclosure statements; certain agency heads and appointees to state boards and commissions
• §1125. Gubernatorial transition and inauguration; contribution limits; reports

PART II-A. UNETHICAL ELECTION PRACTICES

• §1130.1. Legislative findings and intent
• §1130.2. Definitions
• §1130.3. Enforcement; penalties
• §1130.4. False statements by candidate
• §1130.5. Push polling; false statement, question, or information
• §1130.6. Deceptive caller identification information; prohibition

PART III. ADMINISTRATION, PROCEDURE AND ENFORCEMENT

SUBPART A. ADMINISTRATION

• §1131. Repealed by Acts 1996, 1st Ex. Sess., No. 64, §10, eff. Jan. 1, 1997.
• §1132. Board of Ethics
• §1133. Board of Ethics; quorum, recusal, compensation, officers
• §1134. Powers, duties, and responsibilities of the board
• §1135. Enforcement of regulation, decision, or order of the Board of Ethics

SUBPART B. PROCEDURE

• §1141. Complaints and investigations
• §1141.1. Repealed by Acts 2012, No. 608, §2, eff. June 7, 2012.
• §1141.2. Ethics Adjudicatory Board
• §1141.3. Location of hearings

SUBPART C. ENFORCEMENT AND PENALTIES

• §1151. Administrative enforcement
• §1152. Rescission of action of a governmental entity
• §1153. Penalties
• §1154. Civil penalties for illegal payments
• §1155. Penalties for illegal gain; forfeiture of gifts, payments
• §1156. Finding of possible criminal violation
• §1157. Late filing fees
• §1157.1. Timely filing of reports and statements due; presumption
• §1157.2. Repealed by Acts 2012, No. 608, §2, eff. June 7, 2012.
• §1157.3. Outside counsel; contingency fee; enforcement and collection authority

SUBPART D. COMPUTER DATA MANAGEMENT SYSTEM

• §1158. Board of Ethics Computerized Data Management System; purpose; goals
• §1159. Access; Internet; restrictions

PART IV. MISCELLANEOUS PROVISIONS

• §1161. Preventive measures by agency heads
• §1162. Copy of ethics code to be furnished by the secretary of state
• §1163. Prescription
• §1164. Criminal laws not affected
• §1165. Authority of school boards to administer tenure laws not affected
• §1166. Violation of code by tenured public employee of a state public higher education institution
• §1167. Judges
• §1168. Perjury; malfeasance in office
• §1169. Freedom from reprisal for disclosure of improper acts
• §1170. Ethics education; mandatory requirements; ethics designee

PART V. EXPUNGEMENT

• §1191. Eligibility; applicability
• §1192. Procedure
• §1193. Effect of expungement
• §1194. Confidentiality
• §1195. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1196. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1197. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1198. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1199. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1200. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1201. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1202. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.

PART VI. LOBBYING BEFORE STATE AGENCIES

• §1211. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1212. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1213. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1214. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1215. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1216. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1217. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1218. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1219. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1220. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.
• §1221. Repealed by Acts 1993, No. 965, §3, eff. August 15, 1993.

CHAPTER 16. LOUISIANA STATE EMPLOYEES

• §1251. Repealed by Acts 1987, No. 737, §2.
• §1252. Repealed by Acts 1987, No. 737, §2.
• §1253. Repealed by Acts 1987, No. 737, §2.
• §1254. Repealed by Acts 1987, No. 737, §2.
• §1255. Repealed by Acts 1987, No. 737, §2.

CHAPTER 17. IN-SERVICE TRAINING FOR STATE EMPLOYEES

• §1261. In-service training and educational programs; conducted for state agencies; eligible employees; fees; contracts and agreements
• §1262. Repealed by Acts 2020, 2nd Ex. Sess., No. 33, §3.
• §1263. Employee training program
• §1264. Review of needs and requirements
• §1265. Cooperative arrangements with educational institutions
• §1266. Required education; certain unclassified officials and employees
• §1267. Required training; cybersecurity

CHAPTER 18. GOVERNMENT DEFERRED COMPENSATION PLAN

• §1301. Definitions
• §1302. Louisiana Deferred Compensation Commission
• §1303. Powers and duties
• §1303.1. Section 401(a) plan
• §1304. Meetings
• §1305. Audits
• §1306. Deferred amounts as compensation
• §1307. Public notice; publication
• §1308. Transitional provisions
• §1309. District attorney deferred compensation program

CHAPTER 19. STATE CIVIL SERVICE COMMISSION

• §1351. Qualifications; term of office
• §1352. Call of election
• §1353. Nominations by petition; conduct of election; secret ballot
• §1354. Ballots; election brochure; distribution; vote; return; counting; rejection
• §1355. Secrecy of ballot; interference with voter; penalty
• §1356. Cost of election
• §1357. Election; results; rules and regulations; promulgation
• §1358. Contest of election
• §1359. Term; successors; vacancies
• §1360. Runoff election; qualifying of candidates; procedure

PART II. MISCELLANEOUS PROVISIONS

• §1381. Members of state and other civil service commissions; compensation and expenses
• §1382. State department of civil service; advisory opinions on political activity
• §1383. Department of State Civil Service; appropriations; pro rata share paid by other agencies; billing; collection calculations
• §1410.1. Members of State Police Commission; compensation and expenses

CHAPTER 20. STATE POLICE COMMISSION

• §1401. Qualifications; term of office
• §1402. Call of election
• §1403. Nominations by petition; conduct of election; secret ballot
• §1404. Ballots; distribution; vote; return; counting; rejection
• §1405. Secrecy of ballot; interference with voter; penalty
• §1406. Cost of election
• §1407. Election; results; rules and regulations; promulgation
• §1408. Contest of election
• §1409. Initial election; successors; vacancies
• §1410. Runoff election; qualifying of candidates; procedure

CHAPTER 21. REMOVAL OF PUBLIC OFFICERS BY SUIT

• §1411. Public officer; ground for removal; suspension; definitions
• §1412. Method for removal
• §1413. Law enforcement officers; grounds for removal; method for removal
• §1414. State, district, parish, ward, and municipal employees; termination for conviction of a felony

CHAPTER 22. COST OF LIVING SALARY INCREASE

CHAPTER 23. LIABILITY FOR ACTS OF PUBLIC EMPLOYEES

• §1441. Limitation on the liability of the state of Louisiana; indemnification
• §1441.1. Nonimposition of master-servant liability on state by Civil Code Article 2320 and other laws for torts of persons not designated state officials, officers, or employees by R.S. 13:5108.2
• §1441.2. Nonimposition of master-servant liability on state by Civil Code Article 2320 and other laws for torts of parish officials; insurance coverage; interlocal risk management programs
• §1441.3. Determination of master of officer of political subdivision for purposes of Civil Code Article 2320 and other master-servant tort liability laws
• §1441.4. Legislative findings and purposes
• §1442. Law enforcement officers accused of crimes committed while acting within or in furtherance of their scope and course of employment

NOTE: This provision of law was included in the Unconstitutional Statutes Biennial Report to the Legislature, dated March 14, 2016.

CHAPTER 24. APPEAL OF ACTION

CHAPTER 25. PUBLIC PROPERTY, DUTIES OF OFFICIALS,

CHAPTER 26. COMPENSATION REVIEW COMMISSION

• §1481. Repealed by Acts 2011, No. 207, §2.
• §1482. Repealed by Acts 2011, No. 207, §2.
• §1483. Repealed by Acts 2011, No. 207, §2.
• §1484. Repealed by Acts 2011, No. 207, §2.
• §1485. Repealed by Acts 2011, No. 207, §2.

CHAPTER 27. PERFORMANCE PLANNING AND REVIEW

CHAPTER 28. REPORTING OF STATE EMPLOYEE TURNOVER RATE

CHAPTER 29. CONSIDERATION OF CRIMINAL HISTORY IN

• §1701. State employment; consideration of criminal history; prohibited acts
• §1702. Political subdivision; consideration of arrest records; prohibited acts

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