Could a Louisiana city council member also serve part time on the state Real Estate Commission?

Plain-English summary

A city council member asked whether service on the Louisiana Real Estate Commission conflicted with her local elected office. The AG said the commission position was part time. Under LSA-R.S. 42:63(D) as applied in the opinion, the restriction addressed a local elected official's concurrent full time state appointive office. The described combination therefore did not violate that 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 the opinion bar all state appointments for city council members?
No. It distinguished the part time commission role from a full time state appointive office.

Why was this Real Estate Commission role permissible?
The AG said its part time status kept it outside the specific prohibition discussed.

Background and statutory framework

LSA-R.S. 42:63(D) restricted a local elected official from holding a full time state appointive office at the same time. The opinion applied that time status distinction to the Real Estate Commission role.

Citations and references

• LSA-R.S. 42:63(D): local elective and full time state appointive office restriction.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0181

Original opinion text

June 13, 2000
OPINION NUMBER 00-181

Ms. Ann Raines
1901 Royal Avenue
Monroe, Louisiana 71201

Dear Ms. Raines:

In response to your inquiry of recent date, note that the Dual Officeholding and Employment Laws of our state, LSA-R.S. 42:61, et seq., do not prohibit an individual from holding local elective office and part-time state appointive office. Of concern would be the prohibition contained in LSA-R.S. 42:63(D), which prohibits one from holding local elective office, and full-time appointive office in the government of the state. However, because the appointive position at issue is part-time, no violation of the statute exists. Thus, you may serve as a local elected city council member while concurrently discharging your responsibilities as a member of the Louisiana Real Estate Commission.

I trust this addresses your concerns. Please contact this office should 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 00-181

78 – Officers - Dual Officeholding
LSA-R.S. 42:61
LSA-R.S. 42:63(D)

One may serve as a local elected city council member while concurrently discharging his responsibilities as a member of the Louisiana Real Estate Commission.

Ms. Ann Raines
Date Received:
1901 Royal Avenue
Monroe, Louisiana 71201
Date Released: June 13, 2000

Carlos M. Finalet, III
Assistant Attorney General