EXECUTIVE ORDER
BJ 10-12

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:

Executive Branch

Schedule 01

Executive Department

Schedule 03

Veterans Affairs

Schedule 05

Economic Development

Schedule 07

Transportation and Development

Schedule 08

Corrections Services

Schedule 08

Public Safety Services

Schedule 08

Youth Services

Schedule 09

Health and Hospitals

Schedule 10

Department of Children and Family Services

Schedule 11

Natural Resources

Schedule 12

Revenue

Schedule 13

Environmental Quality

Schedule 14

Louisiana Workforce Commission

Schedule 16

Wildlife and Fisheries

Schedule 17

Civil Service

17-560

State Civil Service

17-561

Municipal Fire and Police Civil Service

17-562

Ethics Administration

17-563

State Police Commission

17-564

Division of Administrative Law

Schedule 19

Higher Education

Schedule 19

Special Schools and Commissions

19B-653

Louisiana Schools for the Deaf and Visually Impaired

19B-655

Louisiana Special Education Center

19B-657

Louisiana School for Math, Science and the Arts

19B-662

Louisiana Educational TV Authority

19B-666

Board of Elementary & Secondary Education

19B-673

New Orleans Center for the Creative Arts

Schedule 19

Department of Education

Schedule 19

LSU Health Sciences Center Health Care Services Division

Schedule 21

Ancillary

21-790

Donald J. Thibodaux Training Academy

21-796

Central Regional Laundry

21-800

Office of Group Benefits

21-804

Office of Risk Management

21-805

Administrative Services

21-806

Louisiana Property Assistance

21-807

Federal Property Assistance

21-808

Office of Telecommunications Management

21-810

Public Safety Services Cafeteria

21-811

Prison Enterprises

21-829

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.

SECTION 3:

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.

Bobby Jindal
Governor

ATTEST BY
THE GOVERNOR
Jay Dardenne
Secretary of State