Proposed amendment could allow lawmakers to remove protected state jobs

(The Center Square) − A proposed constitutional amendment would give Louisiana lawmakers new authority to remove jobs from the state’s protected civil service system, while also shortening terms and tightening limits for members of the State Civil Service Commission.

Under the current system, most rank-and-file state employees — like social workers at the Department of Children and Family Services or accountants at the Department of Transportation — are considered as part of the classified civil service.

These employees are hired based on merit, often through competitive exams, and enjoy job protections that shield them from political interference or arbitrary firing.

Others, such as agency heads, the governor’s staff or university presidents, are considered unclassified — appointed positions that serve at the pleasure of elected officials.

Currently, the state employs 37,000 full time classified employees and nearly 25,000 full time unclassified employees. State Civil Service has governing authority over classified employees only.

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State agencies are required to submit annual performance evaluations to the Director of State Civil Service. From 2019 to 2024, the number of employees classified as unsuccessful grew from 1.09% to 1.26%. At the same time, employees deemed exceptional also grew from 13.65% to 14.78%, according to the State Civil Service’s annual report.

“Today, we need a system based more on merit,” Sen. Jay Morris, R-Grant, told the Senate & Governmental Affairs committee, adding that law currently “prioritizes seniority over performance, endless appeals and often court actions.”

A similar sentiment is shared at the federal level. Just last week, the Office of Personnel Management proposed a rule to strengthen employee accountability, while addressing long-standing performance management issues in the federal workforce.

That proposed rule cites chapter 43 and 75 of U.S. civil service law, which govern how agencies handle poor performance and misconduct, are described as cumbersome and slow-moving — often ending in lengthy appeals with uncertain outcomes.

According to the rule, surveys suggest many supervisors lack confidence in their ability to remove employees for serious infractions, a dynamic critics say erodes the federal merit system’s commitment to high performance and accountability.

Morris’ amendment would allow the Legislature to remove positions from the classified service by law, potentially instituting a shorter leash for those employees.

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The measure would also shorten the term of Civil Service Commission members — from staggered six-year terms to four years — and limit service to two full terms, eliminating an exception that allowed long-serving members to stay on.

The bill was not without opposition.

Though Berry Erwin, President and CEO of Council for a Better Louisiana, supports a more efficient civil service, “we’re also mindful of Louisiana’s history with political patronage — it’s been part of our past, part of our DNA. We recognize we’re no longer in that era, and times have certainly changed. But when we talk about reforming civil service, we think it’s important to strike a balance.”

Dr. Douglas Bordelon, an employee at the Louisiana Department of Environmental Quality, argued the bill threatens to replace objective public service with politically influenced employment practices, and he dismissed claims that converting jobs to unclassified status would lead to better pay.

“The solution to addressing this disparity is to ensure adequate funding of our positions, rather than converting us to unclassified civil servants,” Bordelon said.

Bordelon cautioned that the sweeping changes proposed in the bill could harm morale and make it harder for the state to attract and retain qualified employees.

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