General Circular No. 001208

To: Heads of State Agencies and Human Resource

Directors

Subject: Prop. Rule 11.23.3 & Prop. Amend. To Rule 13.19(b)

Issue Date: October 26, 1995

The State Civil Service Commission will hold a public hearing

on Wednesday, December 6, 1995 to consider adopting proposed

Rule 11.23.3 and amending Civil Service Rule 13.19(b). The

public hearing will begin at 9:00 a.m. at the Department of

State Civil Service, Second Floor Hearing Room, DOTD Annex

Building, 1201 Capitol Access Road, Baton Rouge, Louisiana.

Consideration will be given to the following:

PROPOSED RULE 11.23.3

11.23.3 Voluntary Disaster Service Leave

A full-time probationary or permanent employee may be

granted time off without loss of pay, annual leave,

compensatory leave, or sick leave, for a period not to

exceed 15 work days in any calendar year, to participate in

American Red Cross relief services in Louisiana for

disasters designated at Level III or above in the American

Red Cross Regulations and Procedures. Such employees must

have received a certification from the American Red Cross as

a Trained Disaster Volunteer. All such requests must be

made in writing to the appointing authority.

EXPLANATION

Act 455 of the 1995 Regular Session of the Legislature provides

for paid leave for voluntary leave of absence for public

employees who participate in specialized disaster relief

services for the American Red Cross. Proposed Rule 11.23.3

allows such leave, at the discretion of the appointing

authority, who is not required to grant it if he/she determines

that it would pose a hardship on the agency.

Red Cross-designated Level III and above disasters have

occurred approximately 11 times in Louisiana from July 1, 1991

to the present. Local chapters of the American Red Cross can

be contacted concerning the training required to qualify as a

"Trained Disaster Volunteer."

Act 455 states the following:

A qualified employee shall notify his appointing authority of

his desire for leave as soon as practicable following a

disaster within Louisiana for which his services are needed by

a Louisiana unit of the American Red Cross. All such requests

shall be made in writing and shall include all of the

following:

1. Certification by the employee that he is a Trained Disaster

Volunteer.

2. The nature and location of the disaster to which he is to

respond.

3. The anticipated duration of his leave.

4. The type of service he is to provide to the American Red

Cross.

5. The identity and title of the official of the American

Red Cross unit who will be supervising him.

6. A written request for the employee's services from an

official of the American Red Cross.

The employee shall be restored to his previous position upon

giving notice to the appointing authority 24 hours prior to his

return to work, provided that the employee submit written

certification from the supervising official of the American Red

Cross unit for which the employee has served, showing the

number of hours of service rendered.

If this Rule proposal is adopted by the Civil Service

Commission, the above requirements will be published in the

State Personnel Manual.

AMEND RULE 13.19(b)

13.19 Procedure for Hearing Appeals.

. . .

(b) Legal representation.

1. Except as is provided below, a party may be

represented by an attorney licensed to practice law

in Louisiana or by a law student who has satisfied

the requirements of Rule 20 of the Rules of the

Supreme Court of Louisiana.

2. Effective ___________, no attorney or law student

who is a classified state employee may represent

another state employee in an appeal. This

provision shall not apply to any appeal in which

the state classified attorney/law student made an

appearance on behalf of an employee before the

effective date of this section.

3. When a party is represented by more than one

attorney/law student, only one such representative

shall be permitted to examine the same witness.

. . .

EXPLANATION

Civil Service Rule 13.19(b) currently allows a party in a Civil

Service appeal to be represented by an attorney licensed to

practice law in Louisiana or, under certain circumstances, a

law student. The proposed amendment would prohibit an attorney

or a law student who is a state classified employee from

representing another employee in a Civil Service appeal. (The

proposed amendment would also update the procedure for allowing

law students to represent parties in an appeal.)

Persons interested in making comments relative to these

proposals may do so at the public hearing or by writing to the

Director of State Civil Service at Post Office Box 94111, Baton

Rouge, Louisiana 70804-9111.

If any accommodations are needed, please notify us prior to

this meeting.

Sincerely,

Herbert L. Sumrall

Director