Executive Branch--Personal Services Expenditure Freeze
WHEREAS, pursuant to the provisions of Article IV, Section 5 of the Louisiana Constitution of 1974, as amended, and Act 11 of the 2010 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; and
WHEREAS, R.S. 39:84 provides authority to the Governor to regulate and control personal transactions;
WHEREAS, pursuant to R.S. 42:375, the Governor has the authority to prohibit or regulate the filling of vacancies in the executive branch of state government.
WHEREAS, in preparation of the budget challenges in the current and ensuing year, Executive Order BJ 2010-12 Limited Hiring Freeze related to personal services was issued on July 1, 2010, and updated periodically, remains in effect; and
WHEREAS, Acts 11 and 41 of the 2010 Regular Session of the Louisiana Legislature do not contain specific budget authority for pay increases from promotions; rewards and recognition; optional pay lump sum; optional pay base pay; advanced degrees; premium pay; incentive pay; retention pay; individual pay adjustment; on-call; shift differential; cash allowances; gainsharing; or any other methods of pay increase; and
WHEREAS, to ensure that the State of Louisiana continues prudent money management practices, the interests of the citizens of the State of Louisiana are best served by implementing an expenditure freeze on the personal services throughout the executive branch of state government;
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 11 and 41 of the 2010 Regular Session of the Louisiana Legislature (hereafter “Acts”), shall freeze unclassified personal services expenditures as provided in this Executive Order.
SECTION 2: All departments, and/or budget units of the executive branch of the State of Louisiana, as described in and/or funded by appropriations through the Acts are urged and encouraged in the case of classified employees to also follow the dictates of this Executive Order.
SECTION 3: All other elected state officials or entities with constitutional authority are urged to join in this effort to preserve state services to our citizens by exercising their authority to freeze personal services expenditures as provided in this Executive Order both as to unclassified and classified salary increases.
SECTION 4: No department, agency, and/or budget unit of the executive branch of the State of Louisiana, unless specifically exempt by a provision of this Order or with express written approval of the Commissioner of Administration, shall make any expenditure of funds related to unclassified personal services for the purpose of implementing pay increases.
A. Exemptions from the prohibitions set forth in Section 4 of the Order are as follows:
2. Premium pay, shift differential pay, on-call, and cash allowances for new hires or promotions for departments, agencies, and/or budget units with existing policies for such pay;
3. Gainsharing increases as authorized by R.S. 39:87.5-.6.
SECTION 6: The Commissioner of Administration is authorized to develop additional guidelines as necessary to facilitate the administration of this Order.
SECTION 7: 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 8: This Order is effective upon signature and shall remain in effect through June 30, 2011, 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 8th day of April, 2011.
Secretary of State