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 $17 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 12 and 42 of the 2011 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 06
Culture, Recreation and Tourism
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, reallocations, 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: To implement the freeze provided in Section 1, the Commissioner of Administration shall set a date upon which the head of each Unit listed in Section 1 of this Order shall submit to the Commissioner of Administration 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, 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: The Commissioner of Administration may develop guidelines pertaining to requests for adjustments from all or part of the prohibition set for in Section 1 of this Order, and if necessary, 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, 2011 and shall remain in effect through June 30, 2012 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 6th day of July, 2011.Bobby Jindal
Governor
ATTEST BY
THE GOVERNOR
Tom Schedler
Secretary of State