General Circular No. 001281

To: Heads of State Agencies and Human Resource

Directors

Subject: Amend Rules 16.4, 16.12 And Add New Rule 16.15.1

Issue Date: April 15, 1997

The State Civil Service Commission will hold a public hearing

on June 4, 1997 to consider the following rule proposals. The

hearing will begin at 9:00 a.m. and will be held in the

Department of Civil Service Second Floor Hearing Room, DOTD

Annex Building, 1201 Capitol Access Road, Baton Rouge,

Louisiana.

The following will be considered at the meeting:

AMEND CIVIL SERVICE RULE 16.4

16.4 Formal Charges.

(a) ...

(b) Formal charges should be clearly identified as

such, may not be combined with any other matter

filed with the Director or the Commission and must:

6. [delete the final word "and".]

7. [replace the final period with a semicolon and

insert a final word "and".]

8. describe what evidence the complainant has to

prove the charges.

EXPLANATION

This amendment will give the Commission a means of gauging

whether a complainant has any evidence to support the charges

before the Commission decides to order a public investigation.

AMEND RULE 16.12

16.12 Withdrawal of Charges; Settlement.

(a) [pick up existing rule 16.12.]

(b) With the approval of the Commission, the

parties may settle a public investigation and

the settlement shall constitute a final

disposition of the investigation.

EXPLANATION

A provision for settling investigations was inadvertently

omitted when Chapter 16 was revised.

ADD NEW RULE 16.15.1

16.15.1 Attorney's Fees.

When a complainant does not bear his burden of

proving the charges, the Commission may order him

to pay attorney's fees in an amount not to exceed

$1500 per respondent.

EXPLANATION

The courts have consistently held that attorney's fees cannot

be awarded absent a specific statutory provision therefor. This

amendment will allow the Commission to award attorney's fees

when a complainant does not prove his or her case.

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,

Allen H. Reynolds

Director