Jeremy Alford and David Jacobs: Civil service amendment could reshape state workforce

In April, voters will decide whether the Legislature will get a free hand to decide which state workers get civil service protection, and which don’t. 
What that would look like in practice is impossible to know right now, which is part of what makes some state employees nervous about the potential transition. 
But in the meantime, State Civil Service officials say they are modernizing their internal processes and working with Gov. Jeff Landry’s administration on pay rates, in hopes of competing for the workforce of the future. 
“We need to meet the needs of today and tomorrow’s opportunities,” State Civil Service Director Byron Decoteau said. “Our workforce is changing, and the needs of our citizens are changing.” 
Louisiana has just under 38,000 classified employees who fall under Civil Service protection, and almost 32,500 who don’t. Of the latter group, most work in higher education, while many of the rest are in political policy roles where they answer directly to elected officials. 
The average salary for a classified worker is about $60,000, compared to almost $80,000 for unclassified employees. But while agency heads complain that Civil Service salary ranges limit their ability to attract and retain talent, you don’t need to move someone to the unclassified side to pay them more, Decoteau said. 
“We have the mechanisms to pay employees more now in the classified service,” he said. “It’s still going to cost the same regardless if you do it in the classified service or the unclassified service.” 
There’s an obvious tension here: On one hand, departments would like pay flexibility to at least try to compete with the private sector for workers. But Civil Service officials say they also have a duty to try and control costs for taxpayers. 
The Civil Service Commission and the governor must approve the pay plan. While the commission in February rejected Landry’s request to unclassify 900 positions, Decoteau said his team has been working closely with the administration this year on establishing competitive pay rates that the state can still afford. 
Over the past two years, Civil Service has put a lot of resources into helping state agencies increase starting salaries, either through the structural pay plans or special entrance rates for particular jobs, Deputy Director Chris Deer said. That has led to morale issues with veteran employees who see new hires making the same or nearly as much as them for a similar job. 
“We are actively in talks with this administration on plans and initiatives for some of our existing workforce to try to recognize them and be more competitive with their pay rates,” Deer said.
Officials went live with a new performance management system this year that includes shifting from a three-tier to a five-tier rating system that splits “unsuccessful/needs improvement” into separate categories. Agency heads had requested the change, which addresses the common complaint (justified or not) that it’s too hard to fire classified workers. 
Basically, a “needs improvement” employee is someone who can benefit from further training, while an “unsuccessful” one is simply a bad fit and probably won’t be retained. Depending on the circumstances, a classified employee can be removed in a matter of days, though they do get a chance to plead their case, Civil Service General Counsel Sherri Gregoire said. 
Civil Service no longer requires pre-employment testing. And degrees no longer are required for most classified positions. 
Looking forward to next year, officials are revamping supervisor training. And they are developing a statewide internship program, which they hope will help to fill the pipeline for future public servants. (See a full rundown of the changes Civil Service has put in place and what they’re working on.)
The current constitution spells out which positions are unclassified. This year, lawmakers passed SB 8, a potential constitutional amendment that would allow the Legislature to add to the list by statute. 
Civil service is perceived by many as an impediment to streamlining government and delivering services as efficiently as possible. Some lawmakers argue civil service rules might not be appropriate for every department. 
If passed, the amendment would set the stage for legislators to bring legislation that could shrink the classified portion of the state workforce. Which departments would be included in such a bill, and whether it would apply to current employees or only new hires, would be subject to debate. 
“The devil is in the details,” Decoteau said. “That’s the uncertainty that I think employees are anxious about.”
Employees also question whether they can speak out about their concerns regarding the amendment. He says doing so is not considered prohibited political activity, as the amendment is an issue, not a candidate. 
But civil service defenders say the system was put in place to shield state workers from political pressure, and they worry about those protections being eroded. They argue the system helps ensure hiring is based on merit, not on who you voted for or whether you are related to the right politician. 
“When [voters] voted in the civil service system, they made a statement that they wanted an apolitical workforce,” Deer said. “I think that’s as much, if not more relevant in today’s politically charged environment.”
For more Louisiana political news, visit www. LaPolitics.com or follow Alford on X @ LaPoliticsNow.