Could a Hammond city council member also work full time for Louisiana's elections commissioner?

Plain-English summary

Hammond's city attorney asked whether a council member could also hold full time employment with the state Office of the Commissioner of Elections. The AG said city council membership was an elective local office, while the commissioner's office was part of the state executive branch. It concluded the concurrent roles violated the dual officeholding restriction in LSA-R.S. 42:63(D).

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 council member keep both positions?
No. The AG said concurrent employment with the state elections commissioner's office would violate the cited law.

Why did the AG treat the two roles differently?
It classified council membership as local elective office and the elections position as state government employment.

Background and statutory framework

LSA-R.S. 42:63(D) barred a local elected official from simultaneous state government employment. The opinion used LSA-R.S. 42:61(1) for the council's elective status and LSA-Const. Art. IV, §1 for the state executive branch.

Citations and references

• LSA-R.S. 42:63(D): restriction on local elective office and state employment.
• LSA-R.S. 42:61(1): elective office classification.
• LSA-Const. Art. IV, §1: state executive branch.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0156

Original opinion text

June 1, 2000
OPINION NUMBER 00-156

Mr. Ron S. Macaluso, Esq.
Hammond City Attorney
PO Drawer 2828
Hammond, Louisiana 70404

Dear Mr. Macaluso:

You have requested an Attorney General’s opinion as to whether Mr. Nicholas J. Muscarello, Sr., may hold full-time employment with the Office of the Commissioner of Elections while serving as a member of the Hammond City Council.

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. 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. . .

Membership on the city council is considered an elective office under state law. LSA-R.S. 42:61(1). The Office of the Commissioner of Elections is part of the executive branch of state government. LSA-Const. Art. IV, §1. As a result, an elected official of a political subdivision of this state concurrently employed by the government of this state would be in clear violation of LSA-R.S. 42:63.

Therefore, it is the opinion of this office that Mr. Muscarello would be in violation of the dual officeholding laws if he were to be employed by the Office of the Elections Commissioner while serving as a member of the Hammond City Council.

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
RPI:CMF:gbl

Page 2

OPINION NUMBER 00-156

78 – Officers, Dual Office Holding
LSA-R.S. 42:61(1)
LSA-R.S. 42:63(D)

An elected official of a political subdivision of this state concurrently employed by the government of this state would be in clear violation of LSA-R.S. 42:63.

Mr. Ron S. Macaluso, Esq.
Date Received:
Hammond City Attorney
PO Drawer 2828
Date Released: June 1, 2000
Hammond, Louisiana 70404
Carlos M. Finalet, III
Assistant Attorney General