EXECUTIVE ORDER KBB 05-91

Emergency Suspension of Time Limits for Municipal
Civil Service Employee Working Test Period For Firefighters

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, amended by Proclamation Nos. 54 KBB 2005 and 61 KBB 2005, and Proclamation No. 53 KBB 2005, as amended by Proclamation No. 60 KBB 2005;

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

WHEREAS, the Municipal Fire and Police Civil Service System has been catastrophically impacted by Hurricanes Katrina and Rita, rendering the cancellation of certain working tests administered to probational firefighters and probational firefighters/operators;

WHEREAS, R.S. 29:724(D) authorizes the governor to suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules, regulations of any state agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency; and

WHEREAS, the suspension of the working test time limit as set forth in R.S. 33:2495 will address the critical staffing needs of fire departments statewide;

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: R.S. 33:2495 is hereby suspended to the extent that it limits the working test period for probational firefighters and probational firefighter/operators in the Municipal Fire and Police Civil Service System to no more than one year and only to the extent as outlined in Section 2 of this Order.

SECTION 2: A probational firefighter or a probational firefighter/operator whose probationary status lapsed during the period of September 1, 2005 through October 31, 2005, resulting in the failure to attain and maintain Emergency Medical Training certification due to the cancellation of the working test for the months of September and October, shall be allowed to continue the working test for Emergency Medical Training certification as a probational firefighter or probational firefighter/operator until March 1, 2006.

SECTION 3: 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 with the implementation of the provisions of this Order.

SECTION 4: This Order is effective upon signature and shall continue in effect until March 1, 2006, 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 1st day of December, 2005.

 

Kathleen Babineaux Blanco
Governor

ATTEST BY
THE GOVERNOR
Al Ater
Secretary of State