Rules and Policies on Leave for Unclassified Service

WHEREAS, Executive Order No. MJF 98-23, issued on May 21, 1998, provides for rules and policies on annual, compensatory, sick, special, military, and other leave for certain unclassified state officers and employees;

WHEREAS, Act No. 9 of the 2001 Regular Session of the Louisiana Legislature reorganized the Department of Economic Development and created within that department the Office of Business Development, which is staffed with cluster professionals and service coordinators who are highly skilled, well-educated individuals, with significant experience in a particular area or industry; and

WHEREAS, such professionals will be expected to work long but irregular hours in order to best attract and maintain jobs and businesses in Louisiana;

NOW THEREFORE, I, M.J. "MIKE" FOSTER, JR., 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: Section 2 of Executive Order No. MJF 98-23, issued on May 21, 1998, is amended to read as follows:

O. "Unclassified appointee," a subclass of officers and employees in the unclassified service of the executive branch, means certain unclassified officers who are appointed
1) by the governor to serve on the governor's executive staff, the governor's cabinet, and the executive staff of the governor's cabinet, or to serve as the head of a particular agency;
2) by a cabinet member to serve on the cabinet member's executive staff;
3) by the superintendent of the Department of Education to serve on the superintendent's executive staff;
4) by an elected official in the executive branch who has adopted the rules and policies set forth in this Order, to serve on the elected official's executive staff; or
5) by the secretary of the Department of Economic Development to serve in the unclassified service in the Office of Business Development. An unclassified appointee shall be on duty and available to serve and in contact with their appointing authority throughout the term of their appointment except when on leave. An unclassified appointee shall be on leave and/or use annual and/or sick leave or leave without pay only at those times when the appointee is unavailable to serve their appointing authority as a result of voluntary or involuntary conditions; performing political activities during regular tour of duty hours; or performing for compensation non-appointment related activities, duties, or work during regular tour of duty hours. An unclassified appointee shall only accrue sick and annual leave on the basis of a forty (40) hour work week and shall never be eligible to earn compensatory leave, including compensatory leave earned pursuant to subsection 13(c) of this Order.

SECTION 2: All other Sections and Subsections of Executive Order No. MJF 98-23 shall remain in full force and effect.

SECTION 3: This Order is effective upon signature and shall continue in effect 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 29th day of November, 2001.

M.J. "Mike" Foster, Jr.

Fox McKeithen
Secretary of State