EXECUTIVE ORDER
BJ 08-03

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; and

WHEREAS, to limit or control the growth in government positions, 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 throughout the executive branch of state government to achieve at least a state general fund dollar savings of twenty-five million dollars ($25,000,000).

NOW THEREFORE, I, Bobby Jindal, Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and the 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, which exists on or occurs after January 15, 2008, shall be filled without the express written approval of the commissioner of administration.

A. 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, increase the aggregate number of positions or Full Time Equivalents (FTE) of employment within the department, budget unit, agency, office, board or commission within the executive branch of state government beyond the number filled as of the effective date of this Order unless otherwise authorized by the commissioner of administration or a mid-year budget adjustment in accordance with Section 8 of Act 18.

SECTION 2:

A. Each department, budget unit, agency, office, board or commission shall file a report with the commissioner of administration reflecting projected savings, by means of financing, that the department, budget unit, agency, office, board or commission will generate through the implementation of this Order. Unless otherwise modified by the commissioner of administration, the monthly reports shall be submitted on the 3 rd working day after the last pay period of each month, beginning with the last pay period in February.The report shall reflect a full accounting of personnel changes within the department, budget unit, agency, office, board or commission for the reporting period covered.

B. The reportrequirement details shall be developed by the commissioner of administration.

SECTION 3:

A. The commissioner of administration is authorized to grant any department, budget unit, agency, office, board or commission in the executive branch of state government an exemption, on a case by case basis or by category, from all or a part of the prohibition set forth in Section 1 of this Order, as she deems necessary and appropriate. Such an exemption shall be express and in writing.

B. Requests for an exemption from all or a part of the prohibition set forth in Section 1 of this Order, on a case by case basis or by category, shall be submitted only by a statewide elected official, by the secretary or head of a department, or by the head of a budget unit, agency, office, board or commission which is not within a department. Each request for an exemption shall be in writing and shall contain a description of the type of exemption sought and full justification for the request.

C. The commissioner of administration may develop guidelines pertaining to requests for exemption from all or part of the prohibition set forth in Section 1 of this Order.

D. If necessary, the commissioner of administration may develop definitions for the terms and/or the descriptions used in this Order.

SECTION 4: All departments, budget units , agencies, offices, boards, commissions, 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 Order is paid in an amount equal to such compensation.

 SECTION 6: This Order is effective upon signature and shall remain in effect through June 30, 2008, 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 15 th day of January, 2008.

   Bobby Jindal
Governor

ATTEST BY
THE GOVERNOR
Jay Dardenne
Secretary of State