Could a Louisiana assessor employ the assessor-elect before the new term began?

Plain-English summary

Lafayette Parish's incumbent assessor asked whether he could employ the person elected to succeed him before his term expired. The attorney general's office said in 2000 that he could. The successor had won the election but would not officially hold the assessor's office until January 1, 2001, so working in the office before then would not create simultaneous officeholding.

The opinion made its answer conditional: it assumed the assessor-elect would end that employment before the new term began.

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.

Incumbent assessors at the time

The opinion allowed the incumbent to employ the assessor-elect before the elected term began. Its conclusion depended on the employment ending before the successor took office.

Assessors-elect at the time

The office distinguished being elected from officially holding the office. It said the successor would not take office until the new term started.

Parish officials at the time

The opinion applied the dual officeholding laws to the timing of the two roles. It did not address other hiring rules or compensation terms.

Common questions

Q: Did election as assessor immediately make the successor the officeholder?
A: The 2000 opinion said no. It identified January 1, 2001 as the date the successor would officially take office.

Q: Could the incumbent hire the assessor-elect before that date?
A: Yes, according to the opinion, because employment before taking office would not itself create dual officeholding.

Q: Could the successor keep the job after taking office?
A: The opinion did not approve that arrangement. It expressly assumed the employment would end before the new term began.

Background and statutory framework

The office applied LA R.S. 42:61 et seq., the dual officeholding laws, to the transition between an incumbent assessor and an elected successor. Its answer turned on when the successor officially took office and when employment in the assessor's office ended.

Citations and references

• LA R.S. 42:61 et seq. (dual officeholding laws)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0312

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

September 7, 2000
OPINION 00-312

78 OFFICERS – Dual Office Holding
L. Ellis Dupliex, Jr.
LA R.S. 42:61 et seq.
Assessor, Lafayette Parish
P.O. Box 3225
The incumbent Assessor of Lafayette Parish may
Lafayette, Louisiana 70502-3225
employ Assessor-elect in the assessor’s office
until the Assessor-elect officially takes office.
Dear Mr. Dupliex:

We are in receipt of your request for an Attorney General’s Opinion concerning the employment of the Assessor-elect of Lafayette Parish. Specifically, you ask whether you as the incumbent Assessor are authorized to employ an individual to work in the Assessor’s office who was elected Assessor in October 1999 and will replace you in office following your term ending on December 31, 2000.

It is the opinion of this office that you, as the incumbent Assessor of Lafayette Parish, may employ in your office the Assessor-elect who will assume your office on January 1, 2001. The dual officeholding laws, LA R.S. 42:61 et seq., apply in general to a person holding two positions at the same time. The Assessor-elect will not officially take office until January 1, 2001. Employment in the assessor’s office before that date would not constitute dual officeholding. Of course, this opinion assumes the Assessor-elect will terminate employment with the assessor’s office prior to January 1, 2001 when the new term begins.

We hope this opinion addresses all of your concerns. If we can be of further assistance, please advise.

Very truly yours,

RICHARD P. IEYOUB
Attorney General

BY:
_________
ANDREW D. BENTON
Assistant Attorney General

Page 2

OPINION NUMBER 00-312
Syllabus

78 OFFICERS – Dual Office Holding

LA R.S. 42:61 et seq.

The incumbent Assessor of Lafayette Parish may employ Assessor-elect in the assessor’s office until the Assessor-elect officially takes office.

L. Ellis Dupliex, Jr.
Assessor, Lafayette Parish
P.O. Box 3225
Lafayette, Louisiana 70502-3225

Date Received:

Date Released: September 7, 2000

Andrew D. Benton
Assistant Attorney General