EXECUTIVE ORDER KBB 05-53

Emergency Suspension of Time Limitations Applicable to Benefits, Emoluments,
Entitlements, and Opportunities Available to Public Employees


WHEREAS, the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., confers upon the governor of the state of Louisiana emergency powers to deal with emergencies and disasters, including those caused by fire, flood, earthquake or other natural or man-made causes, to ensure that preparations of this state will be adequate to deal with such emergencies or disasters, and to preserve the lives and property of the citizens of the state of Louisiana;

WHEREAS, Hurricane Katrina struck the southeastern part of the state of Louisiana and Hurricane Rita struck the southwestern part of the state causing severe flooding and damage which has threatened the safety, health, and security of the citizens of the state of Louisiana, along with private property and public facilities;;

WHEREAS, pursuant to the Louisiana Homeland Security and Emergency Assistance and Disaster Act, R.S. 29:721, et seq., a state of emergency was declared through Proclamation No. 48 KBB 2005, as amended by Proclamation No. 54 KBB 2005, and Proclamation No. 53 KBB 2005;

WHEREAS, public employees enjoy benefits, emoluments, entitlements, and opportunities as a result of such employment which are established and governed by state statutes and/or orders, rules, and regulations that contain time limitations applicable to the enjoyment of those benefits, emoluments, opportunities, and entitlements;

WHEREAS, the effects of Hurricane Katrina, and the potential effects of Hurricane Rita, will prevent many public employees whose work domicile is in a parish subject to an official closure from meeting the requirements of those time limitations;

WHEREAS, the Department of State Civil Service has requested the governor to suspend the running of those time limitations;

NOW THEREFORE I, KATHLEEN BABINEAUX BLANCO, 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 time limitations contained in any statute, order, rule, or regulation affecting any benefit, emolument, entitlement or opportunity available to public employees as a result of their public employment and whose work domicile or location, whether permanent or temporary, was at an office or institution subject to an official closure at any time during the declared emergency are hereby suspended until the state of emergency is lifted, or the particular office or institution reopens, whichever occurs first.

SECTION 2: This Order is effective upon signature and shall be applicable from Saturday, August 27, 2005, unless 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 September, 2005.

Kathleen Babineaux Blanco
Governor

ATTEST BY
THE GOVERNOR
Al Ater
Secretary of State