Could a Louisiana parish council member take a temporary full-time job with the U.S. Census Bureau?
Apply this to your situation
This page answers the general question as of 2000. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.
Plain-English summary
Terrebonne Parish officials asked whether an elected council member could take a temporary full-time job with the U.S. Census Bureau. The Attorney General said no under Louisiana's dual officeholding law as it stood in 2000. The opinion treated the council seat as local elected office and the Census job as federal government employment.
The AG stressed that the quoted rule contained no exception for temporary federal work. He concluded that continuing the Census employment while holding the council seat would violate the state dual officeholding provision.
Currency note
This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
Did temporary status make the Census job permissible?
No. The AG said the statute he applied had no temporary-employment exception.
How did the AG classify the council seat?
The opinion classified parish council membership as an elective office. The quoted restriction also covered state or local appointive office and employment held alongside federal government employment.
Did the AG decide whether a different private job was allowed?
No. The request and answer concerned a federal Census Bureau position.
Background and statutory framework
The opinion quoted the elective-office definition in LSA-R.S. 42:61 and the dual officeholding restriction in LSA-R.S. 42:63. It applied them to the stated combination of a Terrebonne Parish council seat and Census Bureau employment.
Citations and references
- LSA-R.S. 42:61
- LSA-R.S. 42:63
Source
- Landing page: https://www.ag.state.la.us/Opinions
- Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0007
Original opinion text
January 31, 2000
OPINION NUMBER 00-07
Honorable Barry P. Bonvillain
OPINION NUMBER 00-07
Parish President
78 - Officers - Dual Officeholding
Post Office Box 6097
LSA-R.S. 42:61; LSA-R.S. 42:63
Houma, Louisiana 70361
Holding employment with the U.S. Census Bureau
simultaneously with the elected office of parish councilman would be in violation of Louisiana's dual officeholding laws.
Honorable Wayne Thibodeaux
Terrebonne Parish Council, District 2
Post Office Box 990
Gray, Louisiana 70359-0990
Dear Sirs:
You have requested an Attorney General’s opinion as to whether or not you may hold a full-time employment position with the federal government while serving as a member of the Terrebonne Parish Council. You stated that the position with the federal government is a temporary position in which you will work under the Census Bureau.
LSA-R.S. 42:61 states:
As used in this Part the following words and phrases shall have the following meanings ascribed for each unless the context clearly indicates otherwise:
(1) "Elective office" means any position which is established or authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof, which is not a political party office, and which is filled by vote of the citizens of this state or of a political subdivision thereof.
LSA-R.S. 42:63 provides:
A. (1) Except as otherwise provided in this Subsection, no person holding an elective office, appointive office, or employment in any of the branches of state government or of a political subdivision thereof shall at the same time hold another elective office, appointive office, or employment in the government of a foreign country, in the government of the United States, or in the government of another state.
Page 2
Honorable Wayne Thibodeaux
Honorable Barry P. Bonvillain
OPINION NUMBER 00-07
Page 2
The position of parish council member is considered an elective office under state law. LSA-R.S. 42:63 clearly states it would be a violation of the dual office holding law for an elected official to be employed by the government of the United States. No exception is made under these provisions for temporary employment with the United States government.
Therefore, it is the opinion of this office that should you continue to be employed by the Census Bureau while serving as an elected member of the Terrebonne Parish Council, you would be in violation of the Dual Officeholding Law.
I trust this addresses your concerns. Please contact this office should you request further assistance.
Yours very truly,
RICHARD P. IEYOUB
ATTORNEY GENERAL
By:
_________
CARLOS M. FINALET, III
ASSISTANT ATTORNEY GENERAL
RPI:CMF/mjb
Page 3
SYLLABUS
OPINION NUMBER 00-07
78 - Officers - Dual Officeholding
LSA-R.S. 42:61; LSA-R.S. 42:63
Holding employment with the U.S. Census Bureau simultaneously with the elected office of parish councilman would be in violation of Louisiana's dual officeholding laws.
Honorable Wayne Thibodeaux
Terrebonne Parish Council, District 2
Post Office Box 990
Gray, Louisiana 70359-0990
Date Received:
Date Released: January 31, 2000
CARLOS M. FINALET, III
ASSISTANT ATTORNEY GENERAL
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