POLICE JURY OVERSIGHT
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1 CHAPTER 4 POLICE JURY OVERSIGHT ARTICLE I. STATE LAW AND ADOPTED POLICIES OF THE POLICE JURY Sec. 4.1 Powers and control In any case where the governing authority of any parish shall have created or established any board, commission, agency, district, office, government, or any unit having governmental functions, power or authority, such governing authority is authorized to abolish same; provided that where any indebtedness is outstanding, such authority shall not be exercised until provision is made for the assumption of such indebtedness in the manner provided by law. Where a parish governing authority is given the power to appoint members to boards or commissions, the governing authority also has the power to remove and replace the members or commissioners. In any case where a parish governing authority has the power to create any board, commission, etc., such governing authority is authorized to provide appropriate budgetary and fiscal controls over said entity. Budgetary and fiscal control shall include, but not be limited to, approval of operating budgets with the right to veto or reduce line-items. No such board, commission, etc., shall exercise any power to submit to the people any proposal to levy any tax or issue any bonds unless the proposal first has been submitted to and been approved by the parish governing authority. All tax propositions which require Police Jury approval will be presented to the Police Jury at least thirty (30) days prior to the deadline for submittal to the State Bond Commission. Sec. 4.2 Fiscal, budgetary and other controls The parish governing authority shall exercise such other budgetary and fiscal controls as are necessary and proper to ensure the maximum feasible coordination of government on the local level. (R.S. 33:1415) Each board s budget for the following year shall be submitted to the Division of Finance no later than December 20 of each year. March 2016 Ch. 4 Pg. 1
2 Districts which use the Parish Finance Division for accounting services must ensure that all monies handled/collected within such districts are submitted to the Finance Division as part of handling the district s accounting, e.g., concession monies. These districts must also follow financial policies and procedures as deemed applicable by the Division of Finance. All districts or agencies which are not totally funded by the Police Jury shall, upon request, include with their budget requests an outline of other sources of revenue and a general breakdown of expenditures to the Budget Committee. The administrative staff shall notify all districts created by the Police Jury, except those districts with enterprise funds, of the services available from the Parish Division of Finance, and the districts are encouraged to utilize said services to the extent feasible. Any entity outside of the hiring realm of the Police Jury which participates under any insurance policy or plan administered by the Police Jury is required to follow the Police Jury s requirement for all new employees to successfully pass a drug screen, as well as a physical examination for individuals who will be involved in physical labor. The Director of Finance reviews investments and investment vehicles used by all special service districts, except those whose demand deposits and CD s are $100,000 or less and are insured by FDIC. The board of any district will be allowed to appeal to the Police Jury for final decision when there is a disagreement by the board of the Director s findings. At the request of the District or the Parish, the Division of Finance will may perform an annual a financial review of each of the special service districts and or units that are part of the Police Jury s Comprehensive Financial Report, and the review is designed to examine internal controls and safeguards, and implement upgrades and changes where necessary, to insure the highest level of financial reporting and security. may focus on various operating aspects. The goal of the review will be to increase the level of controls, financial reporting, accountability, and compliance and/or other operating functions. Sec. 4.3 Liability/Risk Management; Insurance Coverage The Parish requests that all special service districts shall have their insurance policies reviewed by provide the Parish Risk Manager at least bi-annually for recommended coverages. A with a current certificate of insurance shall be submitted annually to the Parish Risk Manager for all special service districts and agencies housed in parish owned buildings. (CPPJ Operational Policies Manual) on an annual basis. The districts should review specific coverages with their insurance agent on an annual basis, including, but not limited to general liability, auto, worker s compensation, errors and omissions, and employment related coverages. March 2016 Ch. 4 Pg. 2
3 Sec. 4.4 Federal Employment Laws and Policies; Personnel Policies Each district shall establish a personnel policy manual that addresses employment practices, employee attendance, compensation, benefits, conduct, disciplinary and corrective action, and other work place policies. Also, policies should be adopted regarding federal employment laws such as Equal Employment Opportunity (Anti- Discrimination), Family and Medical Leave Act (FMLA), Fair Labor Standard Act, Uniformed Services Employment and Reemployment Rights Act, Drug-Free Workplace, Sexual Harassment, Workplace Violance, etc. The Parish s Human Resources Manual is available to special service districts upon request for their review and adoption as deemed necessary. Please consult with the Parish s Human Resources Department for assistance and complete policy language. For those special service districts that are covered under Parish insurance plans (general liability and medical/health coverage), the following pre-employment procedures should be followed when selecting and hiring new employees: Establish a hiring process that insures that the applicant qualifies for the open job position. The hiring process should include at a minimum: completion of a standardized Employment Application, conducting a face-to-face job interview, checking work history and references, and verifying education level and skill sets against the minimum job qualifications stated in the written job description. Once a job offer is made to the applicant, pre-employment testing must may include: driver s license check, criminal background check, drug screen, fit for duty exam, and other physical examination including x-rays (when appropriate). Only those applicants that satisfactorily meet the criteria of all the pre-employment reviews will be made a final job offer. Sec. 4.5 Nepotism A. For purposes of this policy, the following definitions apply, and shall constitute immediate family : Relatives: Spouses, children, stepchildren, spouses of children and stepchildren, brothers, sisters, parents, parents of the spouse, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and first cousins. Domestic Partners: Individuals who reside in the same household and are involved in a relationship, often holding themselves out to the public as marital partners, but who are not legally married. B. No person who is in the immediate family of an existing board member shall be appointed to that particular board. March 2016 Ch. 4 Pg. 3
4 C. No person who is in the immediate family of anyone employed by a board in a supervisory capacity shall be appointed to that particular board. D. No board under the jurisdiction of the Police Jury shall employ any new employee who is in the immediate family of a board member. E. No person who is in the immediate family of a Police Juror shall be newly appointed to any board, whether said appointment is made solely or jointly by the Police Jury. F. Any employee or appointee of a parish board who was presently employed or serving an appointment would be grandfathered insofar as the parish policy adopted in October, 1975, which prohibits any new employee or new appointee being employed or appointed who is in the immediate family of a board member. A form prepared by the Parish Director of Human Resources pertaining to nepotism and conflicts of interest will be furnished to all boards with questions to be answered by any employee hired in the future by such boards. After the employee has answered the questions, said form is to be returned to the Parish Director of Human Resources. A form prepared by the Office of the Administrator pertaining to nepotism and conflicts of interest will be furnished to all newly-appointed board members to certify that they are not a member of the immediate family of a Police Juror. After the board member has executed the form, it is to be returned to the Office of the Administrator. G. The current nepotism policy of the Police Jury governing persons employed by parish boards also applies to summer or seasonal employment. (R.S. 42:1119 and CPPJ Operational Policies Manual) Sec. 4.5 Organizational Policies; Adopted rules and regulations Persons appointed to serve on boards must be registered voters and residents in the confines of the boundaries of the district they represent, with the exception of gravity drainage districts as defined in Chapter 1. No elected official can serve on any board that pays a per diem, even if elected after having been appointed to serve on said board. Every appointed board member is required to attend 75% of all meetings annually or be subject to removal, with allowances being made for excused absenteeism in cases of emergency or other justifiable reasons. At the end of each fiscal year, each board is March 2016 Ch. 4 Pg. 4
5 required to submit in writing to the Parish Records Department a record of attendance of all board members at regular or special meetings. All boards are required to submit copies of minutes of their meetings monthly, or as often as they meet, to the Parish Records Department. Original/signed minutes and audio recordings of each meeting, in its entirety, shall be maintained by the District. All boards shall officially endorse parliamentary procedure guidelines for their meetings. Using Robert s Rules of Order combined with in-house policies that have been established in practice is advisable. Special Service Districts have the authority to enact a policy, if deemed necessary, to disallow the president to serve consecutive terms in that position. All agreements between special district boards and private landowners, other public entities, and other parties shall be in writing, and approved by board action, with prior consultation from the district s legal counsel. The Police Jury assigns a liaison to each of its special service district boards. It is the role of the liaison to stay abreast of the District s activities, and districts are encouraged to communicate regularly with their liaison. District issues needing formal Police Jury action should be directed to the Office of the Administrator through formal correspondence, with a copy to the Police Jury liaison. Special service districts should keep the Police Jury informed of changes in board officers/members, meeting dates/times/places, etc. Resignations/vacancies of members should be reported to the liaison and the Records Department. Special service districts should notify the Police Jury of pending litigation through its liaison. March 2016 Ch. 4 Pg. 5
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