EXECUTIVE ORDER MJF 02-4

EXECUTIVE ORDER MJF 02-04

Executive Branch-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"); and

WHEREAS, to ensure that the state of Louisiana will not suffer a budget deficit due to appropriations and emergency expenditures for fiscal year 2001-2002 exceeding the actual revenues of the fiscal year and to prepare for decreased revenues and reduced appropriations for fiscal year 2002-2003, prudent money management practices dictate that the best interests of the citizens of the state of Louisiana will be served by implementing a limited hiring freeze in the executive branch of state government for the remainder of the 2001-2002 fiscal year that prohibits a specified number of vacancies in currently authorized positions of employment from being filled, to achieve a state general fund dollar savings of at least nine million seven hundred fifty-eight thousand eight hundred twenty-seven dollars ($9,758,827.00), and a total, exclusive of federal funding, state fisc savings of at least twenty-three million one hundred ninety-three thousand six hundred seventy-one dollars ($23,193,671.00);

NOW THEREFORE, I, M.J. "MIKE" FOSTER, JR., 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: The following departments, agencies, and/or budget units in the executive branch of the state of Louisiana, as described in and/or funded by appropriations through Act No. 12 of the 2001 Regular Session of the Louisiana Legislature (hereafter "Act 12"), (hereafter "Unit" and/or "Units"), shall not fill the following specified number of existing vacancies in authorized positions of employment within the Unit in order to achieve the following state general fund savings and total, exclusive of federal funding, state fisc savings (hereafter "limited hiring freeze"):

Unit Vacancies State General Fund Total State Fisc
Executive Department,
Schedule 01

24 of 164


$194,603

 $356,199
Secretary of State,
Budget Unit 04-139

5 of 13

 $13,016 $79,312
Office of the Attorney General,
Budget Unit 04-141

12 of 17

 $60,907 $247,547
Commissioner of Elections,
Budget Unit 04-144

3 of 6

 $52,288 $52,288
State Treasurer,
Budget Unit 04-147

1 of 3

$554 $27,805
Agriculture and Forestry,
Budget Unit 04-160		 17 of 17 $217,291 $227,258
Commissioner of Insurance,
Budget Unit 04-165

7 of 14

 $-0- $128,965
Department of Culture, Recreation and Tourism,
Schedule 06

17 of 46

 $204,184 $206,877
Department of Transportation and Development,
Schedule 07

78 of 135

 $-0- $1,260,826
Department of Public Safety and Corrections, Correction Services
only,
Schedule 08

130 of 463

 $2,176,699 $2,176,699
Department of Public Safety and Corrections, Public Safety Services only,
Schedule 08

23 of 112

 $-0- $472,193
Department of Health and Hospitals,
Schedule 09

406 of 1,091

 $2,817,871 $4,543,036
Department of Social Services,
Schedule 10

287 of 469

 $2,072,516 $2,525,437
Department of Natural Resources,
Schedule 11

11 of 16

 $35,878
$198,981
Department of Revenue,
Schedule 12

26 of 76

$57,442 $413,931
Department of Environmental Quality,
Schedule 13

56 of 110

$-0- $1,113,508
Department of Labor,
Schedule 14

3 of 25

$69,974 $69,974
Department of Wildlife and Fisheries,
Schedule 16

9 of 51

 $-0- $86,887
Department of Civil Service,
Schedule 17

5 of 12

$14,039 $101,681
Louisiana School for theVisually Impaired,
Budget Unit 19-651

3 of 5

 $46,791 $46,791
Louisiana School for the Deaf,
Budget Unit 19-653

9 of 18

$130,424 $130,424
Louisiana Special Education Center,
Budget Unit 19-655

2 of 5

 $27,717 $27,717
Louisiana School for the Math, Science, and Arts,
Budget Unit 19-657

1 of 1

 $18,120 $18,120
Office of Student Financial Assistance,
Budget Unit 19-661

5 of 11

$10,243 $10,243
Louisiana Educational Television Authority,
Budget Unit 19-662

2 of 3

$52,546 $52,546
Department of Education,
Schedule 19

26 of 118

 $258,255 $352,642

Louisiana State University Medical Center Health Care Services Division,
Budget Unit 19-610

332 of 988

 $-0- $4,132,892
and Medical Vendor Payments
Budget Unit 09-306

0

 $1,227,469 $4,132,892

SECTION 2:

A. After the effective date of this Order, employee transfers, promotions, and re-allocations within a Unit listed in Section 1 of this Order, and the creation of any new positions of employment within a Unit listed in Section 1 of this Order, shall not, in any manner, increase the aggregate number of positions of employment in the Unit beyond the number filled as of the effective date of this Order combined with the number permitted to be filled by Section 1 of this Order, unless otherwise authorized by a mid-year budget adjustment in accordance with Section 6(A) of Act 12.

B. If, by implementing the limited hiring freeze in Section 1 of this Order, a statewide elected official would not be able to perform and/or fulfill his or her constitutional function and/or duties, the commissioner of administration (hereafter "commissioner") is authorized to grant a statewide elected official an exemption to the extent necessary.

C. If, by implementing the limited hiring freeze in Section 1 of this Order, the secretary of the Department of Public Safety and Corrections (hereafter "secretary") or the superintendent of State Police (hereafter "superintendent") would not be able to perform and/or fulfill his statutory function and/or duties, the commissioner is authorized to grant the secretary or superintendent an exemption to the extent necessary.

SECTION 3:

A. No later than February 15, 2002, the head of each Unit listed in Section 1 of this Order shall submit to the commissioner a mid-year budget adjustment plan, on the BA-7 form and questionnaire revised January 30, 2001, which reflects the Unit's proposed allocation of the limited hiring freeze ordered in Section 1 of this Order (hereafter "mid-year budget adjustment plan"), and a description of the methodology used to formulate the mid-year adjustment plan.

B. The description of the methodology used to formulate the mid-year adjustment plan shall include, at a minimum, the following information for each proposed frozen position:

1. The type of position of employment to remain vacant, including job title;

2. The job function of the position of employment and an analysis of how it meets or serves the role, scope, and/or mission of the Unit; and

3. A description of why the particular position of employment was selected to remain vacant.

 C. No Unit shall implement the limited hiring freeze mandated in Section 2 of this Order without the commissioner's prior written approval of the Unit's proposed mid-year budget adjustment plan.

D. Following receipt of the commissioner's written approval, any deviation from, or change to, a mid-year budget adjustment plan shall require the commissioner's prior written approval.

 SECTION 4: The commissioner is authorized to develop additional guidelines to facilitate the administration of this Order.

SECTION 5: 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 6: This Order is effective upon signature and shall remain in effect through June 30, 2002, 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 4th day of February, 2002.

M.J. "Mike" Foster, Jr.
Governor

ATTEST BY THE GOVERNOR
Fox McKeithen
Secretary of State