Could a full-time parish employee also serve on a regional transit authority board?

Plain-English summary

The South Central Planning & Development Commission asked whether a parish employee could be appointed to a Regional Transit Authority board. In 2000, the attorney general's office said the particular board membership was a part-time appointive position, so a person could hold it while working full time for a parish. The dual officeholding prohibition it discussed concerned a full-time appointive position held together with full-time employment.

The opinion also quoted R.S. 48:1655 on appointees to the transit board. A person appointed to another agency, board, or commission of a participating parish was eligible for the transit board only if that person received no per diem from the other position. The opinion did not say the particular parish employee held such another appointment.

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.

Parish employees at the time

The opinion permitted the described combination of full-time parish employment and part-time transit board appointment. Its conclusion turned on the transit position being part time.

Transit authority appointing officials at the time

The office quoted a rule allowing certain other participating-parish board appointees to serve if they received no per diem from their other agency, board, or commission.

Local government attorneys at the time

The opinion distinguished employment from an appointive board office and classified this transit membership as part time under the cited statutes.

Common questions

Q: Could a full-time parish worker serve on this transit board?
A: Yes. The opinion said this board seat was a part-time appointive position and could be held with full-time parish employment.

Q: Was the transit board role treated as full-time office?
A: No. The office expressly classified it as a part-time appointive position.

Q: What per-diem limit did the opinion quote?
A: It quoted a restriction for an appointee serving on another participating-parish agency, board, or commission: that appointee could join the transit board only if no per diem was received from the other position.

Background and statutory framework

The office read the dual officeholding provisions in R.S. 42:63E together with the definitions and appointment provisions it cited. It then quoted R.S. 48:1655's eligibility and per-diem language in response to the request.

Citations and references

• R.S. 42:63E (dual officeholding restriction cited in the opinion)
• R.S. 48:1655 (transit board appointments and per diem)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0419

Original opinion text

November 1, 2000
OPINION 00-419

Mr. Kevin P. Bellanger, CEO
South Central Planning & Development Commission
5058 W. Main Street
Houma, LA 70360

Dear Mr. Belanger:

We are in receipt of your opinion request, wherein you ask the following question:

May a parish employee be appointed to serve as a member of the Regional Transit Authority?

The Dual Officeholding Laws, 42:61, et seq., prohibit one from holding a full-time appointive position and a full-time employment. See R.S. 42:63E. Here, membership on the board of the Regional Transit Authority is a part-time appointive position. R.S. 48:1655 and R.S. 42:62(2) and (5).

Thus, the individual in question can hold full-time employment with the parish and also serve in the part-time appointive position of member of the Regional Transit Authority.

R.S. 48:1655 is responsive to your specific question regarding the payment of per diem:

B. Such appointees shall be qualified voters holding no elective public office.
Appointees to any agency, board or commission of a participating parish shall be eligible for appointment to the board provided that no per diem is received from any such agency, board or commission by such appointee.

Should you have further questions, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ________
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

Page 2

OPINION 00-419

78 Dual Officeholding

R.S. 42:62; R.S. 42:62(2)(5)

Parish employee may also hold part-time appointive office as member of Regional Transit Authority.

Mr. Kevin P. Bellanger, CEO
South Central Planning & Development Commission
5058 W. Main Street
Houma, LA 70360

Date Received:
Date Released: November 1, 2000

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL