EXECUTIVE ORDER MJF 99-1

EXECUTIVE ORDER MJF 99-1

Executive Department Hiring and Spending Freeze


WHEREAS, pursuant to the provisions of Article IV, Section 5 of the Louisiana Constitution of 1974, as amended, Act 19 of the 1998 Regular Session of the Louisiana Legislature, and/or R.S. 42:375, the governor may issue executive orders which prohibit the filling of any new or existing employment vacancies in the executive branch of state government (hereafter "hiring freeze") and/or limit expenditures on travel, professional services, supplies, acquisitions, and/or major repairs of the various agencies in the executive branch of state government (hereafter "spending freeze"); and

WHEREAS, to ensure that the state of Louisiana will not suffer a budget deficit from 1998-1999 appropriations exceeding actual revenues, prudent money 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 throughout the executive branch of state government to achieve at least a state general fund dollar savings of thirteen million five hundred thousand dollars ($13,500,000.) and a spending freeze throughout the executive branch of state government to achieve even further state general fund dollar savings;

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:

A. Unless specifically exempted by a provision of this Order, no vacancy in an existing or new position of employment within the executive branch of state government, which exists on or occurs after January 8, 1999, shall be filled without the express written approval of the commissioner of administration.

B. Unless specifically exempted by a provision of this Order, no expenditure of funds shall be made within the executive branch of state government for travel, professional services, supplies, acquisitions, and/or major repairs, without the express written approval of the commissioner of administration.

SECTION 2:

A. The budget activities funded by Act 19 of the 1998 Regular Session of the Louisiana Legislature (hereafter "Act 19") which are exempt from the prohibitions set forth in Section 1 of this Order are as follows:

1. All budget activities a) directly related to the official personal needs of a statewide elected official or b) which are necessary for the statewide elected official to personally perform his or her constitutional functions;

2. All budget activities funded by Act 19 which are not financed by a) funds from the State General Fund (Direct), as that term is used in Act 19, or b) other funds the balances of which revert to the State General Fund (Direct), as that term is used in Act 19 (hereafter "State General Fund Equivalent");

3. All budget activities funded by Act 19 which are directly related to Year 2000 compliance, as that term is used in Executive Order No. MJF 96-50, as amended by Executive Order No. MJF 98-4;

4. All budget activities funded by Act 19 which are set forth in Act 19 under Schedule 19(A) Higher Education, for carrying out the functions of higher education;

5. All budget activities of the Office of the Governor which are funded by Act 19; and

6. All budget activities funded by Act 19 which are expressly and directly mandated by existing court orders.

B. The budget activities funded by Act 19 which are exempt from the prohibitions set forth in Subsection 1(A) of this Order are as follows:

1. employee transfers, promotions, or reallocations within a department, office, agency, board or commission of the executive branch of state government which will not, in any manner, increase the aggregate number of filled positions in that department, office, agency, board or commission as of the effective date of this Order.

2. positions in the Community Development Block Grant Program within the Division of Administration;

3. positions in the Military Department associated with the Gillis Long Center;

4. positions in the Louisiana Commission on Law Enforcement associated with the Juvenile Justice Delinquency Prevention Program, Omnibus Crime Control and Drug Control and System Improvement Grant, Crime Victim Assistance Grant, Safe Streets Act, Violence Against Women, and Juvenile Accountability Incentive Federal Block Grant;

5. all direct patient care positions in the Louisiana War Veterans Home and the Northeast Louisiana War Veterans Home;

6. positions in the Office of Elderly Affairs funded with federal funds but require matching state funds;

7. positions in the Office of the State Library of Louisiana within the Department of Culture, Recreation and Tourism needed to fulfill federal maintenance of effort requirements;

8. positions in the Office of State Parks within the Department of Culture, Recreation and Tourism needed to fully operate the state parks system;

9. correctional security officers, probation and parole agents, direct medical care positions, other positions in corrections services necessary for the maintenance of national accreditation, and Pardon Board and Parole Board positions within the Department of Public Safety and Corrections;

10. data processing positions in Public Safety Services, Office of Management and Finance;

11. all commissioned troopers of the State Police;

12. all direct patient care, security, maintenance and housekeeping personnel in the Department of Health and Hospitals;

13. all positions at the Feliciana Forensic Facility;

14. all eligibility determination case workers and Louisiana Children's Health Insurance Program (LaCHIP) staff of the Medical Vendor Administration;

15. all Family Independence Temporary Assistance Program (FITAP) eligibility determination case workers, Family Independence (FIND) work employment and training staff, child support enforcement personnel, disability determination workers, child care assistance employees and child welfare services program positions in the Department of Social Services needed to meet the federal criteria to receive the Temporary Assistance to Needy Families block grant and to continue to provide necessary child welfare services;

16. positions of the Underground Injection Control Activity of the Public Safety Program of the Office of Conservation within the Department of Natural Resources;

17. Revenue Tax Auditors, Revenue Analysts, Revenue Tax Directors, Tax Collection Analysts, Tax Officers and Tax Representatives within the Department of Revenue;

18. alcohol and tobacco investigators in the Department of Revenue;

19. information services positions within the Department of Labor;

20. all instructional positions within the Technical College System;

21. all instructional and residential personnel at Special Schools and Special School District #1 and all administrative personnel positions deemed to be absolutely critical for the operations of those schools;

22. all positions in the Office of Student Financial Assistance;

23. all positions in the LSU Health Care Services Division;

24. all positions within the Office of Workforce Development of the Department of Labor which provide support for the Welfare to Work Grant;

25. inspection and licensing investigators, architects and engineers in Plan Review, and Deputy State Fire Marshals in Arson Enforcement within the Office of State Fire Marshal; and

26. all positions at the Developmental Centers of the Office of Citizens with Developmental Disabilities within the Department of Health and Hospitals.

C. The budget activities funded by Act 19 which are exempt from the portion of the provisions of Subsection 1(B) of this Order that prohibits the expenditure of funds for travel are as follows:

1. all travel associated with promoting or marketing the state of Louisiana and/or its products by a) the Office of State Parks and/or the Office of Tourism within the Department of Culture, Recreation, and Tourism, or b) the Department of Economic Development;

2. field travel for the Mental Health Advocacy Service;

3. field travel for the Division of Administration;

4. field travel for the Education Program in the Military Department;

5. field travel for the Department of Veterans Affairs;

6. field travel for the Office of Elderly Affairs;

7. field travel for the Risk Litigation and the Gaming Enforcement Programs of the Office of the Attorney General;

8. travel for auditing and cash management reviews by the Office of the State Treasurer;

9. field travel for inspections and investigations of the Agriculture and Environmental Sciences Program, the Animal Health Services Program, and the Forestry Program within the Department of Agriculture and Forestry;

10. travel for the Department of Insurance necessary for auditing, reviews, and/or investigations;

11. field travel of the board members of the Pardon Board and the Parole Board;

12. field travel by probation and parole officers of the Department of Public Safety and Corrections - Corrections Services that is necessary and essential to fulfill the department's mission;

13. field travel for the Legal Section of the Department of Public Safety and Corrections, Office of Management and Finance;

14. field travel of district managers and roving motor vehicle workers in the Office of Motor Vehicles within the Department of Public Safety and Corrections;

15. field travel required by inspectors of the Office of the State Fire Marshall;

16. field travel of the Department of Health and Hospitals, the Department of Social Services, and the LSU Medical Center Health Care Services Division that is necessary and essential to fulfill the department and/or the division's mission;

17. field travel for tax collection efforts of the Department of Revenue;

18. field travel of the Alcohol and Tobacco Program within the Department of Revenue;

19. field travel of the State Tax Commission;

20. field travel for water sampling and/or for mercury contamination activities by the Water Resources Program within the Department of Environmental Quality;

21. field travel of Municipal Fire and Police Civil Service Commission employees and board members;

22. field travel of the State Police Commission;

23. travel of the Office of Student Financial Assistance;

24. all travel funding remaining in the State General Fund (Direct) and State General Fund Equivalent for reimbursements for the members of the Board of Elementary and Secondary Education for attending meetings of the board; and

25. the sum of $162,400, of the $690,022 estimated amount remaining in the State General Fund (Direct) and State General Fund Equivalent, for the State Activities Office of the Department of Education for field travel associated with MFP/Internal Auditors, field travel associated with the School of Accountability Initiative, and field travel to monitor local teacher assessments.

D. The budget activities funded by Act 19 which are exempt from the portion of the provisions of Subsection 1(B) of this Order that prohibits the expenditure of funds for supplies are as follows:

1. expenditures of all departments, agencies, offices, boards and commissions for routine supplies that total no more than twenty percent (20%) of the sum remaining on the effective date of this Order which is available to that department, agency, office, board or commission from State General Fund (Direct) or State General Fund Equivalent for supply expenditures;

2. medical and food supplies for the Military Department;

3. medical and food supplies for the Louisiana War Veterans Home and the Northeast Louisiana War Veterans Home;

4. supplies for the Office of State Parks within the Department of Culture, Recreation and Tourism for maintenance and household needs to maintain state parks and commemorative areas;

5. supplies for incarceration, rehabilitation, and health services, and/or the Blue Walters and Diagnostic Programs, of the state adult correctional institutions;

6. supplies for state juvenile correctional institutions;

7. supplies for probation and/or parole officers;

8. supplies for the Field Services Program of the Office of Youth Development within the Department of Public Safety and Corrections;

9. all medical, pharmaceutical and related supplies for the divisions of the Department of Health and Hospitals, the Department of Social Services, and the LSU Medical Center Health Care Services Division which provide direct patient care services;

10. office, data processing, and computer supplies necessary for Revenue Agent positions in the Department of Revenue;

11. supplies for the Water Resources Program within the Department of Environmental Quality for water sampling and/or mercury contamination activities;

12. the sum of $973,276, of the $1,342,641 estimated amount remaining from the State General Fund (Direct) and State General Fund Equivalent, for supplies for Technical Colleges;

13. supplies for the Louisiana School for the Visually Impaired and the Louisiana Special Education Center;

14. the sum of $90,138, of the $205,624 estimated amount remaining from the State General Fund (Direct) and State General Fund Equivalent, for supplies for instructional and residential programs at the Louisiana School for the Deaf;

15. the sum of $82,263, of the $95,341 estimated amount remaining from the State General Fund (Direct) and State General Fund Equivalent, for supplies for instructional and residential programs at the Louisiana School for Math, Science, and the Arts;

16. supplies for the Office of Student Financial Assistance;

17. the sum of $10,000, of the $24,207 estimated amount remaining from the State General Fund (Direct) and State General Fund Equivalent, for office supplies for the agendas and minutes of the meetings of the Board of Elementary and Secondary Education;

18. the sum of $546,000, of the $1,093,322 estimated amount remaining from the State General Fund (Direct) and State General Fund Equivalent, for supplies for the computer center and other programs associated with the School Accountability Initiative of the State Activities Office within the Department of Education;

19. the sum of $24,144, of the $35,493 estimated amount remaining from the State General Fund (Direct) and State General Fund Equivalent, for educational supplies at Special School District #1; and

20. automotive supplies for commissioned troopers of the State Police.

E. The budget activities funded by Act 19 which are exempt from the portion of the provisions of Subsection 1(B) of this Order that prohibits the expenditure of funds for acquisitions and major repairs are as follows:

1. the sum of $23,000, of the $44,823 estimated amount remaining from the State General Fund (Direct) and State General Fund Equivalent, for office acquisitions associated with new staff members of the School Accountability Program in the State Activities Office of the Department of Education;

2. buildings, grounds and general plant maintenance equipment needs of the Division of Administration;

3. data processing hardware and software acquisition needs of the Division of Administration;

4. office equipment for the Board of Tax Appeals;

5. library acquisitions for the Office of the Attorney General;

6. data processing equipment for the Department of Insurance;

7. book acquisitions of the Office of the State Library of Louisiana within the Department of Culture, Recreation and Tourism;

8. equipment needed to operate Tickfaw State Park, Winter Quarters, and Plaquemine Locks State Commemorative Area, and equipment needed for the reservation system of the Office of State Parks within the Department of Culture, Recreation and Tourism;

9. acquisitions and major repairs for incarceration, rehabilitation, and health services, and the Blue Walters and Diagnostic Programs at state adult correctional institutions;

10. acquisitions and major repairs for state juvenile correctional institutions;

11. acquisitions for the Field Services Program of the Office of Youth Development within the Department of Public Safety and Corrections;

12. major repairs at Winn Correctional Center and Allen Correctional Center;

13. replacement automobiles for probation and parole officers;

14. replacement automobiles, data processing equipment and safety equipment for the Office of the State Fire Marshal;

15. acquisitions and major repairs for the Feliciana Forensic Facility;

16. acquisitions and major repairs for the Office of Alcohol and Drug Abuse within the Department of Health and Hospitals necessary to meet federal maintenance of effort general fund expenditure requirements;

17. acquisitions and major repairs for the Tax Remittance Processing System within the Department of Revenue;

18. acquisitions and major repairs for all Special Schools and for Special School District #1;

19. acquisitions and major repairs for the Office of Student Financial Assistance; and

20. equipment associated with the Gillis Long Center in the Military Department.

SECTION 3: Each department, agency, office, board or commission shall file a report with the commissioner of administration on February 1, 1999, and a monthly report thereafter reflecting projected savings, by means of financing, that the department, agency, office, board or commission will generate through the implementation of this Order. Unless otherwise modified by the commissioner of administration, the first report shall include the period from January 8, 1999, through February 1, 1999. The report shall reflect a full accounting of personnel changes within the department, agency, office, board or commission for the reporting period covered, including an accounting of employment figures at the beginning and end of the reporting period and the number of vacancies filled and/or not filled during the reporting period pursuant to the provisions of this Order. The report shall include a categorized summary of transactions which resulted pursuant to the exceptions set forth in Section 2 and/or permitted pursuant to Subsection 4(A) of this Order.

SECTION 4:

A. The commissioner of administration is authorized to grant any agency, department, office, board or commission in the executive branch of state government an exemption, on a case by case basis or by category, from all or a part of the prohibitions set forth in Section 1 of this Order, as he deems necessary and appropriate. Such an exemption shall be express and in writing.

B. Requests for an exemption from all or a part of the prohibitions set forth in Section 1 of this Order, on a case by case basis or by category, shall be submitted only by a statewide elected official, by the secretary or head of a department, or by the head of an agency, office, board or commission which is not within a department. Each request for an exemption shall be in writing and shall contain a description of the type of exemption sought and full justification for the request.

C. The commissioner of administration may develop guidelines pertaining to requests for exemption from all or a part of the prohibitions set forth in Section 1 of this Order.

D. If necessary, the commissioner of administration may develop definitions for the terms and/or the descriptions used in this Order.

SECTION 5: This Order is effective upon signature and shall remain in effect through June 30, 1999, 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 the state of Louisiana, at the Capitol, in the city of Baton Rouge, on this 8th day of January, 1999.

M.J. "Mike" Foster
Governor

ATTEST BY
THE GOVERNOR
Fox McKeithen
Secretary of State