Could a city council member also sit on Calcasieu Parish's gaming-related redevelopment district board?

Plain-English summary

A state representative asked whether local elected officials could serve on the board of Calcasieu Parish's pari-mutuel racing redevelopment and gaming assistance district. The Attorney General said a city council member could serve because the district was a political subdivision and its board seat was a part-time appointive office, a combination not barred by LSA-R.S. 42:63(D).

The opinion also found no incompatible-office problem under § 42:64(A)(5) on the described funding structure. It said the same basic analysis could apply to other local officials, but withheld a definite answer without details about their positions.

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 a city council member serve on the district board?
Yes. The AG said the part-time board appointment could be held alongside the local elective office.

Did the opinion resolve eligibility for every other local official?
No. The AG said more details about the particular positions were needed for a definite answer.

Did the AG identify an incompatibility from district tax proceeds?
No. He reasoned that the district's proceeds could be transferred to the state and would not be deposited with another local political subdivision in the circumstances discussed.

Background and statutory framework

The special taxing district's board was appointed by the governor from nominations by named local entities. The AG treated district board members as part-time appointees and applied the dual officeholding and incompatibility provisions to the city council example.

Citations and references

• LSA-R.S. 33:9571(B): district status as a political subdivision.
• LSA-R.S. 42:63(D): restriction on elective and full-time appointive offices.
• LSA-R.S. 42:64(A)(5): incompatibility provision discussed by the AG.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0050

Original opinion text

May 18, 2000
OPINION NUMBER 00-50

Honorable Ronnie Johns
State Representative, District 33
3620 Maplewood Drive
Sulphur, Louisiana 70663

Dear Representative Johns:

You have requested an Attorney General’s opinion regarding the dual officeholding laws. Specifically, you ask the following questions relative to the Calcasieu Parish Pari- Mutual Live Racing Facility Economic Redevelopment and Gaming Control Assistance District (hereinafter referred to as the “District”):

1. May an elected official serve on the board of directors for the District? Specifically, may a city council member serve if appointed pursuant to those provisions by the local police jury?

2. May any other local officials serve on this board?

As you state in your request, the District is a special taxing district established by the Legislature in LSA-R.S. 33:9571, et seq., whose board of directors is appointed by the governor from nominations by various entities as follows:

Six members appointed from nominations by local municipalities;
One member appointed from nominations by the Calcasieu Parish Police Jury;
One member appointed from nominations by the Calcasieu Parish Police Jury;
One member appointed from nominations by the local legislative delegation.

LSA-R.S. 42:63(D), in pertinent part, provides:

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. …

Page 2

Honorable Ronnie Johns
Opinion Number 00-50
Page ~2~

The District is a political subdivision of the state. LSA-R.S. 33:9571(B). Members serving on the board of directors are considered part-time, appointive officials.

A city council member holds elective office in a political subdivision of the state. In answer to your first question, under LSA-R.S. 42:63(D), a city councilman may concurrently hold appointive office as a board member of the District because that position is part-time.

Moreover, because the District is authorized to transfer all proceeds of its tax to the state, no funds received by the District are deposited with or turned over to any other local political subdivision. Therefore, concurrently holding these two offices would not constitute incompatible offices under LSA-R.S. 42:64(A)(5).

You also ask if any local officials could serve on the District. The analysis applied to your first question would generally apply to any local elected official simultaneously holding a part-time, appointive office in another political subdivision. However, we cannot definitively address that question unless more details are provided. Should you desire this, please, forward to us the appropriate information of those positions at issue.

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

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: _______
CARLOS M. FINALET, III
ASSISTANT ATTORNEY GENERAL

RPI:CMF:gbl

Page 3

OPINION NUMBER 00-50

78 – Officers, Dual Office Holding

A city council member may concurrently hold a part-time appointive office as a board member for another political subdivision.

Honorable Ronnie Johns
Date Received:
State Representative, District 33
3620 Maplewood Drive
Date Released: May 18, 2000
Sulphur, Louisiana 70663
Carlos M. Finalet, III
Assistant Attorney General