Could a Westwego councilman also direct Jefferson Parish's home incarceration program?

Plain-English summary

A Westwego councilman asked whether he could become director of Jefferson Parish's Home Incarceration Program. The Attorney General understood the parish position to be appointed by a parish official and part-time. On those facts, the councilman could hold both positions because the cited statute barred a local elected official from holding a full-time appointive position, not this part-time one.

The AG also considered the possibility that the directorship was employment rather than an appointive office. He said that still would not be barred by the quoted same-subdivision employment restriction, because Westwego and Jefferson Parish were different political subdivisions.

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

Could the councilman take the part-time parish directorship?
Yes. The AG classified it as a part-time appointment in another political subdivision and found no prohibition under R.S. 42:63(D).

Would classifying the job as employment change the answer?
The opinion said no on these facts: the employment would be in Jefferson Parish, rather than in Westwego where the councilman held elective office.

Why did the number of work hours matter?
The opinion quoted R.S. 42:62's definition of full time as at least seven hours a day and 35 hours a week; it understood the proposed position to be part-time.

Background and statutory framework

The opinion distinguished an appointive office from compensated government employment using definitions in R.S. 42:62. It applied the full-time appointment and same-subdivision employment restrictions in R.S. 42:63(D) to the councilman's proposed combination.

Citations and references

• R.S. 42:63(D): dual officeholding restrictions for local elected officials.
• R.S. 42:62: definitions of appointive office, employment, and work time.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0046

Original opinion text

March 13, 2000
OPINION 00-46

Mr. Ted J. Munch
Councilman
City of Westwego
419 Avenue A
Westwego, LA 70094

Dear Councilman Munch:

This office is in receipt of your request for an opinion of the Attorney General in regard to dual officeholding. You indicate you are currently serving as a Councilman for the City of Westwego and have an opportunity to become "employed" as the Director of the Home Incarceration Program for Jefferson Parish. Accordingly, you ask if there is any prohibition against holding these positions simultaneously, and you make reference to earlier Attorney General Opinions that found no prohibition for an elected official of a political subdivision holding parish employment at the same time.

R.S. 42:63(D) provides as follows:

No person holding an elective office in a political sub-division of this state shall at the same time hold an-other elective office or full-time appointive office in the government of this state or in the government of a political subdivision thereof. No such person shall hold at the same time employment in the government of this state, or in the same political subdivision in which he holds an elective office. (Emphasis added.)

The significant question is whether the position is one of employment or appointment as defined in the dual officeholding law, and whether the position is full-time or part time as further defined in the dual officeholding law.

In R.S. 42:62 the definitions are set forth that pertain to the dual officeholding law. Therein we find the following pertinent definitions:

(2) "Appointive office" means any office in any branch of government or other position on an agency, board, or commission or any executive office of any agency, board, commission or department which is specifically established or specifically authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof and which is filled by appointment or election by an elected or appointed public official

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Mr. Ted J. Munch, Councilman
OPINION 00-46
Page 2

or by a governmental body composed of such officials of this state or a political subdivision thereof.

(3) "Employment" means any job compensated on a salary or per diem basis, other than an elective or appointive office, in which a person is an employee of the state government or of a political subdivision thereof.

(4) "Full time" means the period of time which a person normally works or is expected to work in an appointive office or employment and which is at least seven hours per day of work and at least thirty-five hours per week of work.

(5) "Part time" means the period of time which a person normally works or is expected to work in an appointive office or employment which is less than the number of hours of work defined in this Section as full time.
(Emphasis added.)

After making inquiries of various Jefferson Parish offices, it is our understanding that the Home Incarceration Program for Jefferson Parish is established by ordinance by the Parish Government, and the Director is appointed by the Parish President. From this in- formation it means that the position as Director of the Home Incarceration Program is an appointive position made by the President of the Jefferson Parish Council rather than employment.

However, we have been informed that the position is part-time, which by statute means it is less than thirty-five hours a week. Under these circumstances, we do not find a councilman, as an elective official in a political subdivision of the state, is prohibited from holding a part-time appointive office in the government of a political subdivision of the state. There are many opinions of this office that have reached the conclusion that the prohibition is only for an elected official of a political subdivision of the state holding an appointed position on a full-time basis in another political subdivision of the state. Atty. Gen. Op. Nos. 99-357, 98-142, 97-101.

Moreover, if our information is incorrect that the Director of the Home Incarceration Program is appointed by the Parish President but is an employee, there is likewise no prohibition inasmuch as the statute provides that a person holding an elective office in a political subdivision of the state cannot hold at the same time employment in the same political subdivision in which he holds an elective office. Herein the position with the Home Incarceration program is not a position in the same political subdivision in which he holds an elected position, being Westwego.

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Mr. Ted J. Munch, Councilman
OPINION 00-46
Page 3

We hope this sufficiently answers your, inquiry but if we can be of further assistance, do not hesitate to contact us.

Sincerely yours,

RICHARD P. IEYOUB
Attorney General

By:_________
BARBARA B. RUTLEDGE
Assistant Attorney General

RPI/bbr

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Mr. Ted J. Munch, Councilman
OPINION 00-46
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OPINION 00-46

78 Officers - Dual Officeholding
R.S. 42:62, 42:63

A city councilman can hold the
appointed position as Director of
the Parish Home Incarceration
Program inasmuch as the position
is part-time, and can hold
employment in a political subdivision
other than that where he is councilman.

Mr. Ted J. Munch
Councilman
City of Westwego
419 Avenue A
Westwego, LA 70094

Date Received:
Date Released: March 13, 2000

BARBARA B. RUTLEDGE
Assistant Attorney General