Could a Louisiana mayor also serve on the state Board of Regents?

Plain-English summary

The Commissioner of Higher Education asked whether a municipal mayor could also serve on Louisiana's Board of Regents. The Attorney General said yes under the dual officeholding law discussed. He classified the mayor as a local elected official and the regent as a part-time appointee in state government.

The cited prohibition barred certain combinations involving another elective office or a full-time appointive office. Because the regents met about two days a month plus occasional meetings, the AG treated the seat as part-time and found no prohibition for the proposed combination.

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 an elected mayor be a state regent at the same time?
Yes. The AG said the part-time Board of Regents appointment did not trigger the cited prohibition.

Why did the part-time status matter?
LSA-R.S. 42:63(D), as quoted in the opinion, barred a local elected official from simultaneously holding a full-time appointive state office; the regent seat was not full-time.

How was the Board of Regents classified?
The opinion treated it as part of state government's executive branch for the dual officeholding analysis.

Background and statutory framework

Regents were appointed by the governor, met about two days a month with occasional additional meetings, and received per diem and expenses. The AG applied the statute's distinction between elective local office and full-time appointive state office to those facts.

Citations and references

• LSA-R.S. 42:62(6): executive-branch classification cited in the opinion.
• LSA-R.S. 42:63(D): dual officeholding prohibition applied by the AG.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0047

Original opinion text

February 9, 2000
OPINION NUMBER 00-47

E. Joseph Savoie
OPINION NUMBER 00-47
78 - Officers - Dual Officeholding
Commissioner of Higher Education, Board of Regents LSA-R.S. 42:62(6); LSA-R.S. 42:63(9); LSA-R.S. 42:63(D)
150 Third Street, Suite 129
A mayor may simultaneously serve on the Board of Regents.
Baton Rouge, Louisiana 70801-1389

Dear Mr. Savoie:

You have requested an Attorney General's opinion as to whether an individual may hold the elected office of mayor in a municipality while simultaneously serving on Board of Regents.

The Board of Regents falls under the executive branch of state government for the purposes of Louisiana's dual officeholding laws. LSA-R.S. 42:62(6). Members to the Board of Regents are appointed by the Governor and, as you describe, meet approximately two days a month with other occasional meetings scheduled when necessary. They also receive a per diem and reimbursement for expenses. A municipality of the state is considered a political subdivision under the dual officeholding laws. LSA-R.S. 42:63(9). LSA-R.S. 42:63(D), in pertinent part, states:

No person holding an elective office in a political subdivision of this state shall at the same time hold another elective office or full-time appointive office in the government of this state or in the government of a political subdivision thereof….

A member of the Board of Regents holds part-time appointive office in state government. Therefore, serving in that capacity while at the same time holding elective office as a mayor of a municipality is not prohibited under the dual officeholding provisions.

I trust this addresses your concerns. Please contact this office should you require further assistance.

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ____
CARLOS M. FINALET, III
Assistant Attorney General

Page 2

SYLLABUS
OPINION NUMBER 00-47

78 - Officers - Dual Officeholding
LSA-R.S. 42:62(6); LSA-R.S. 42:63(9); LSA-R.S. 42:63(D)

A mayor may simultaneously serve on the Board of Regents.

E. Joseph Savoie
Commissioner of Higher Education, Board of Regents
150 Third Street, Suite 129
Baton Rouge, Louisiana 70801-1389

Date Received:
Date Released: February 9, 2000

CARLOS M. FINALET, III
ASSISTANT ATTORNEY GENERAL