Executive Branch--Expenditure and Hiring Freeze
WHEREAS, pursuant to the provisions of Article IV, Section 5 of the Louisiana Constitution of 1974, as amended, and Act 16 of the 2015 Regular Session of the Louisiana Legislature, the Governor may issue executive orders which limit the expenditure of funds by the various agencies in the executive branch of state government (hereafter "expenditure freeze"); and
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, Act 16 of the 2015 Regular Session of the Louisiana Legislature authorizes and directs the commissioner of administration to reduce the budgets of the departments and budget units to achieve State General Fund (Direct) savings of at least $18,840,452 from contracts, vacant positions, and historical differences between the budget authority of each budget unit and the actual expenditures of the budget unit;
WHEREAS, to ensure that the State of Louisiana will not suffer a budget deficit due to fiscal year 2015-2016 appropriations exceeding actual revenues and that the budget challenges in the ensuing fiscal year are met, prudent money management practices dictate that the best interests of the citizens of the State of Louisiana will be served by implementing an expenditure and hiring freeze throughout the executive branch of state government.
WHEREAS, Act 16 of the 2015 Regular Session of the Louisiana Legislature excludes each department and budget unit in Schedule 09 Department of Health and Hospital, Schedule 19A Higher Education, and Schedule 19E Louisiana State University Health Sciences Center Health Care Services Division from reductions in vacant positions and historical differences;
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: All departments, agencies, and/or budget units of the executive branch of the State of Louisiana as described in and/or funded by appropriations through Acts 16 and 46 of the 2015 Regular Session of the Louisiana Legislature (hereafter “Acts”), shall freeze expenditures and positions as provided in this Executive Order.
SECTION 2: No department, agency, and/or budget unit of the executive branch of the State of Louisiana, unless specifically exempted by a provision of this Order or with the approval of the Commissioner of Administration, shall make any expenditure of funds related to vacant positions and the expenditure categories of Travel, Operating Services, Supplies, Professional Services, Other Charges, Acquisitions, and Major Repairs.
A. The budget activities funded by the Acts which are exempt from the prohibitions set forth in Section 2 of the Order are as follows:
1. All budget activities directly related to declared emergencies and coastal restoration;
2. All budget activities directly necessary for a statewide elected official to perform his or her constitutional functions;
3. All essential budget activities which are expressly and directly mandated by the constitution, existing court orders, existing cooperative endeavor agreements, or existing bona fide obligations;
4. All contracts associated with the transformation of state government that lead to future savings;
5. All essential budget activities of statewide control agencies;
6. All essential budget activities directly required for collection of state general fund revenues recognized by the Revenue Estimating Conference;
7. All budget activities which are financed by Federal Funds directly;
8. All budget activities associated with Schedule 19A Higher Education.
B. Other budget activities funded by the Acts are exempt from the prohibitions set forth in Section 2 of this Order to the following degree:
1. Essential expenses for incarceration, rehabilitation, diagnostic and health services, transportation of offenders, and probation and parole services related to adult corrections as well as positions and field travel for the Board of Pardons and Parole in the Department of Public Safety and Corrections, Corrections Services;
2. Essential expenses for juvenile secure care facilities and the Field Services activities in the Department of Public Safety and Corrections, Youth Services;
3. Essential expenses related to direct patient care;
4. Essential State Police commissioned trooper expenses and cadet classes as well as data processing, communications, and crime lab positions in Public Safety Services, field travel for public safety and regulatory activities of the State Police, as well as automotive, aviation, and forensic supplies for the State Police;
5. Essential Wildlife and Fisheries commissioned agent expenses and cadet classes as well as data processing, and communications, field travel for public safety and regulatory activities of the Enforcement Division, as well as automotive, watercraft and aviation, supplies for the Enforcement Division;
6. Essential instructional and residential expenses field travel, and supplies deemed to be absolutely critical for the operations of Special Schools, Recovery School District, Special School District, and Youth Challenge;
7. Essential expenses for the State Military Department associated with the deployment for backfilling for active duty National Guard personnel, and installation management and force protection;
8. Essential expenses related to the housing of state adult and juvenile offenders in local correctional or detention facilities or work release programs;
9. All vacant position and expenditures of Schedule 09 Department of Health and Hospitals and Schedule 19E Louisiana State University Health Sciences Center Health Care Services Division except contracts that are not otherwise exempted in Section 3.
C. The budget activities funded by the Acts which are exempt from the portion of the provisions of Section 2 of this Order that prohibits the expenditure of funds for travel are as follows:
1. Essential travel associated with promoting or marketing the state of Louisiana and/or its products by: a) the Office of Tourism within the Department of Culture, Recreation and Tourism; or b) the Department of Economic Development;
2. Essential field travel for the Mental Health Advocacy Service and the Louisiana Public Defender Board;
3. Essential field travel required for legal affairs in the Office of Management and Finance, district managers and roving motor vehicle workers in the Office of Motor Vehicles, and inspectors and arson investigators in the Office of the State Fire Marshal within the Department of Public Safety and Corrections, Public Safety Services;
4. Essential field travel for the Municipal Fire and Police Civil Service and the State Police Commission deemed to be essential;
5. Essential travel for the Board of Elementary and Secondary Education for board meetings;
6. Essential field travel associated with Minimum Foundation Program internal auditors and field travel associated with the accountability initiatives and monitoring local teacher assessments.
D. The budget activities funded by the Acts which are exempt from the portions of the provisions of Section 2 of this Order that prohibits the expenditure of funds for supplies, acquisitions, and major repairs are as follows:
1. Essential expenditures of all departments, agencies, offices, boards, and commissions for supplies that total no more than seventy-five (75) percent of the initial appropriation for supplies, acquisitions, and major repairs for the department, agency, office, board or commission from State General Fund (direct) or State General Fund Equivalent;
2. Essential supplies, acquisitions, and major repairs for the Office of State Parks within the Department of Culture, Recreation and Tourism for maintenance and household needs to maintain state parks and commemorative areas;
3. Essential automotive supplies, acquisitions, and major repairs for travel exempted in Section 3.
SECTION 4: The Commissioner of Administration is authorized to develop additional guidelines as necessary to facilitate the administration of this Order.
SECTION 5: All departments, commissions, boards, offices, entities, agencies, 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 6: This Order is effective upon signature and shall remain in effect through January 11, 2016, unless amended, modified, terminated, or rescinded prior to that date.
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 10th day of July, 2015.
Secretary of State