Executive Department--Limited Hiring Freeze
WHEREAS, pursuant to R.S. 42:375, the Governor may issue executive orders which prohibit or regulate the filling of any new or existing vacancies in positions of employment in the executive branch of state government (hereafter "hiring freeze");
WHEREAS, R.S. 39:84 provides authority to the Governor to regulate and control personnel transactions;
WHEREAS, to limit or control the growth in government positions and to prepare for the budget challenges in the ensuing years, prudent fiscal management practices dictate that the best interests of the citizens of the State of Louisiana will be served by the implementation of a hiring freeze in the executive branch of state government to achieve at least a state general fund dollar savings of $20 million;
WHEREAS, higher education plays a vital role for the citizens of our state; and, in addition, higher education in Louisiana has a unique management structure. Recognizing this, the Commissioner of Higher Education shall have the authority to manage the positions within higher education, including the hospitals, within the confines of this Executive Order and any subsequent memorandum issued by the Commissioner of Administration as authorized by this Order limiting the number of Table of Organization (T.O.) and Non-T.O. Full-Time Equivalents (FTEs); and
WHEREAS, due to the critical nature of direct patient care and direct public safety positions, special consideration is given to provide more flexibility to the departments in hiring these positions;
NOW THEREFORE, I, BOBBY JINDAL, Governor of the State of Louisiana, by virtue of the authority vested by the Constitution and laws of the State of Louisiana, do hereby order and direct as follows:
SECTION 1: No vacancy in an existing or new position of employment within the executive branch of state government that exists on or occurs after the effective date of this order shall be filled which would in any manner, decrease, or in the case of Non-T.O. FTEs increase, the number of such frozen positions within the department, budget unit, agency, and/or office, within the executive branch of state government below the number frozen determined as provided in Paragraph B of this section. This includes Appropriated Table of Organization Full-Time Equivalent positions (T.O. FTEs), Other Compensation positions (Non-T.O. FTEs), Other Charges positions (Non-T.O. FTEs), job appointments (Non-T.O. FTEs), and restricted appointments (Non-T.O. FTEs).
A. The following departments, agencies, and/or budget units of the executive branch of the State of Louisiana (hereafter “Unit and/or “Units”), as described in and/or funded by appropriations through Acts 11 and 41 of the 2010 Regular Session of the Louisiana Legislature (hereafter “Acts”), shall be subject to the hiring freeze as provided in this Executive Order:
Transportation and Development
Public Safety Services
Health and Hospitals
Department of Children and Family Services
Louisiana Workforce Commission
Wildlife and Fisheries
State Civil Service
Municipal Fire and Police Civil Service
State Police Commission
Division of Administrative Law
Special Schools and Commissions
Louisiana Schools for the Deaf and Visually Impaired
Louisiana Special Education Center
Louisiana School for Math, Science and the Arts
Louisiana Educational TV Authority
Board of Elementary & Secondary Education
New Orleans Center for the Creative Arts
Department of Education
LSU Health Sciences Center Health Care Services Division
Donald J. Thibodaux Training Academy
Central Regional Laundry
Office of Group Benefits
Office of Risk Management
Louisiana Property Assistance
Federal Property Assistance
Office of Telecommunications Management
Public Safety Services Cafeteria
Office of Aircraft Services
B. The Commissioner of Administration is hereby authorized to and shall establish, on a continuing basis, the number of FTEs, hereafter referred to as “positions”, to be frozen for each such department, agency, and/or budget unit specified in Paragraph A of this Section together with the expenditure of funds appropriated for such positions.
C. After the effective date of this Order, employee transfers, promotions, re-allocations, and the creation of any new positions of employment within the executive branch of state government shall not, in any manner, decrease, or in the case of Non-T.O. FTEs increase, the number of such frozen positions within the department, budget unit, agency, and/or office, within the executive branch of state government below the number frozen determined as provided in this Section unless otherwise adjusted by the Commissioner of Administration.
SECTION 2: No later than July 26, 2010, in order to implement the freeze provided in Section 1, the head of each Unit listed in Section 1 of this Order shall submit to the Commissioner of Administration (hereafter “Commissioner”) a mid-year budget adjustment plan, on the BA-7 form and questionnaire, which reflects the Unit's proposed allocation of the position freeze ordered in Section 1 of this Order (hereafter “mid-year budget adjustment plan”), and a rationale or explanation of the mid-year budget adjustment plan.
A The allocation of the position freeze shall be implemented by the Unit only upon the Commissioner's prior written approval of the Unit's mid-year budget adjustment plan.
B. Once approved, a mid-year budget adjustment plan may not be changed without the Commissioner’s prior written approval.
A The Commissioner may develop guidelines pertaining to requests for adjustments from all or part of the prohibition set for in Section 1 of this Order.
B. If necessary, the Commissioner may develop definitions for the terms and/or the descriptions used in this Order.
SECTION 4: All departments, budget units, agencies, offices, entities, and officers of the State of Louisiana, or any political subdivision thereof, are authorized and directed to cooperate in the implementation of the provisions of this Order.
SECTION 5: The Governor, in accordance with R.S. 42:375(D) may order the Commissioner of Administration to withhold allotments in the appropriate category of expenditures from which the salary or compensation of any employee employed in violation of this executive order is paid in an amount equal to such compensation.
SECTION 6: The Order is effective July 1, 2010 and shall remain in effect through June 30, 2011 or until amended, modified, terminated, or rescinded by the Governor, or terminated by operation of law.
IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of Louisiana, at the Capitol, in the City of Baton Rouge, on this 1st day of July, 2010.
Secretary of State