EXECUTIVE ORDER
BJ 09-11

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");

WHEREAS, R.S. 39:84 provides authority to the Governor to regulate and control personnel transactions;

WHEREAS, to limit or control the growth in government positions and to prepare for the budget challenges in the ensuing years, prudent fiscal 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 in the executive branch of state government to achieve at least a state general fund dollar savings of $20 million;

WHEREAS, higher education plays a vital role for the citizens of our state; and, in addition, higher education in Louisiana has a unique management structure. Recognizing this, the Commissioner of Higher Education shall have the authority to manage the positions within higher education, including the hospitals, within the confines of this Executive Order and any subsequent memorandum issued by the Commissioner of Administration as authorized by this Order limiting the number of Table of Organization (T.O.) and Non-T.O. Full-Time Equivalents (FTEs); and

WHEREAS, due to the critical nature of direct patient care and direct public safety positions, special consideration is given to provide more flexibility to the departments in hiring these positions;

NOW THEREFORE, I, BOBBY JINDAL, 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: No vacancy in an existing or new position of employment within the executive branch of state government that exists on or occurs after the effective date of this order shall be filled without the express written approval of the Commissioner of Administration. This includes Appropriated Table of Organization Full-Time Equivalent positions (T.O. FTEs), Other Compensation positions (Non-T.O. FTEs), Other Charges positions (Non-T.O. FTEs), job appointments (Non-T.O. FTEs), and restricted appointments (Non-T.O. FTEs) .

A. The following departments, agencies, and/or budget units of the executive branch of the State of Louisiana (hereafter “Unit and/or “Units” ), as described in and/or funded by appropriations through Acts 10, 122 (Section 6), and 40 of the 2009 Regular Session of the Louisiana Legislature (hereafter “Acts” ), shall be subject to the hiring freeze as provided in this Executive Order:

Executive Branch

Schedule 01 — Executive Department

01-100 — Executive Office

01-101 — Office of Indian Affairs

01-102 — Office of the Inspector General

01-103 — Mental Health Advocacy Service

01-107 — Division of Administration

01-109 — Office of Coastal Protection and Restoration

01-111 — Governor’s Office of Homeland Security & Emergency Preparedness

01-112 — Department of Military Affairs

01-114 — Office on Women’s Policy

01-116 — Louisiana Public Defender Board

01-126 — Board of Tax Appeals

01-129 — Louisiana Commission on Law Enforcement and Administration of Criminal Justice

01-133 — Office of Elderly Affairs

01-254 — Louisiana State Racing Commission

01-255 — Office of Financial Institutions

Schedule 03 — Veterans Affairs

Schedule 05 — Economic Development

Schedule 07 — Transportation and Development

Schedule 08 — Corrections Services

Schedule 08 — Public Safety Services

Schedule 08 — Youth Services

Schedule 09 — Health and Hospitals

Schedule 10 — Social Services

Schedule 11 — Natural Resources

Schedule 12 — Revenue

Schedule 13 — Environmental Quality

Schedule 14 — Louisiana Workforce Commission

Schedule 16 — Wildlife and Fisheries

Schedule 17 — Civil Service

17-560 — State Civil Service

17-561 — Municipal Fire and Police Civil Service

17-562 — Ethics Administration

17-563 — State Police Commission

17-564 — Division of Administrative Law

Schedule 19 — Higher Education

Schedule 19 — Special Schools and Commissions

19B-651 — Louisiana School for the Visually Impaired

19B-653 — Louisiana School for the Deaf

19B-655 — Louisiana Special Education Center

19B-657 — Louisiana School for Math, Science and the Arts

19B-662 — Louisiana Educational TV Authority

19B-666 — Board of Elementary & Secondary Education

19B-673 — New Orleans Center for the Creative Arts

Schedule 19 — Department of Education

Schedule 19 — LSU Health Sciences Center Health Care Services Division

Schedule 21 — Ancillary

21-790 — Donald J. Thibodaux Training Academy

21-796 — Central Regional Laundry

21-800 — Office of Group Benefits

21-804 — Office of Risk Management

21-805 — Administrative Services

21-806 — Louisiana Property Assistance

21-807 — Federal Property Assistance

21-808 — Office of Telecommunications Management

21-810 — Public Safety Services Cafeteria

21-811 — Prison Enterprises

21-813 — Sabine River Authority

21-814 — Patient’s Compensation Fund Oversight Board

21-829 — Office of Aircraft Services

 

B. The Commissioner of Administration is hereby authorized to and shall establish, on a continuing basis, the number of FTEs, hereafter referred to as “positions”, to be frozen for each such department, agency, and/or budget unit specified in Paragraph A of this Section together with the expenditure of funds appropriated for such positions.

C. After the effective date of this Order, employee transfers, promotions, re-allocations, and the creation of any new positions of employment within the executive branch of state government shall not, in any manner, decrease, or in the case of Non-T.O. FTEs increase, the number of such frozen positions within the department, budget unit, agency, and/or office, within the executive branch of state government below the number frozen determined as provided in this Section unless otherwise adjusted by the Commissioner of Administration.

SECTION 2: No later than August 3, 2009, in order to implement the freeze provided in Section 1, the head of each Unit listed in Section 1 of this Order shall submit to the Commissioner of Administration (hereafter “Commissioner”) a mid-year budget adjustment plan, on the BA-7 form and questionnaire, which reflects the Unit's proposed allocation of the position freeze ordered in Section 1 of this Order (hereafter “mid-year budget adjustment plan”), and a rationale or explanation of the mid-year budget adjustment plan.

A. The allocation of the position freeze shall be implemented by the Unit only upon the Commissioner’s prior written approval of the Unit’s mid-year budget adjustment plan .

B. Once approved, a mid-year budget adjustment plan may not be changed without the Commissioner’s prior written approval.

SECTION 3:

A. The Commissioner is authorized to grant any departments, agencies, and/or budget units in the executive branch of state government an exemption, on a case-by-case basis, from all or a part of the prohibition set forth in Section 1 of this Order, as the Commissioner 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 prohibition set forth in Section 1 of this Order, on a case-by-case basis, shall be submitted by the secretary or head of a department, or by the head of a budget unit, agency, and/or office which is not within a department. Each request for an exemption shall be in writing and shall contain a description of the exemption sought and full justification for the request.

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

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

SECTION 4: All departments, budget units, agencies, offices, entities, 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 5: The Governor, in accordance with R.S. 42:375(D) may order the commissioner of administration to withhold allotments in the appropriate category of expenditures from which the salary or compensation of any employee employed in violation of this executive order is paid in an amount equal to such compensation.

SECTION 6: This Order is effective upon signature and shall remain in effect through June 30, 2010, 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 Louisiana, at the Capitol, in the City of Baton Rouge, on this 24th day of July, 2009.

Bobby Jindal
Governor