Could a Port of South Louisiana commissioner also work full time for the St. Charles Parish president?

Plain-English summary

A Port of South Louisiana commissioner asked whether he could also become assistant to the president of St. Charles Parish. The assistant job was described as full time. In 2001, the attorney general's office said the two positions could be held at once under the dual-officeholding law if the port commission position was part time.

The office did not decide whether the assistant role was technically an appointive office or employment; its conclusion was the same either way on the facts described. It expressly left possible ethics conflicts unanswered and directed that issue to the state ethics board.

Currency note

This opinion was issued in 2001. 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.

Port commissioners at the time

A commissioner in the described situation could keep both positions under the opinion's dual-officeholding analysis only if the commission role was part time, because the parish assistant position was full time.

Parish officials at the time

The office applied the ban on simultaneously holding two full-time appointive or employment positions in separate political subdivisions. It did not decide the potential ethics issue arising from the appointments.

Common questions

Q: Could the commissioner also work full time for the parish president?
A: The opinion said yes under dual-officeholding law if the port commission position was part time.

Q: What did the opinion use as its full-time standard?
A: It quoted the then-applicable definition as at least seven hours per workday and at least thirty-five hours per workweek.

Q: Did the office clear the two roles under ethics law?
A: No. It expressly limited its answer to dual-officeholding law and referred the ethics question to the state ethics board.

Background and statutory framework

The office applied LA R.S. 42:63 (E), which prohibited simultaneous full-time government positions of the types described, and definitions in LA R.S. 42:62. The part-time classification of the commission role controlled its conclusion. It did not resolve the separate ethics question.

Citations and references

• LA R.S. 42:63 (E) (simultaneous full-time positions)
• LA R.S. 42:62 (5) (part-time definition)
• LA R.S. 42:62 (4) (full-time definition)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0453

Original opinion text

March 8, 2001
OPINION NUMBER 00-453

78 OFFICERS – Dual Office Holding
Paul J. Murray, III
13880 River Road
An individual may simultaneously hold the positions
of commissioner of the Port of South Louisiana and
Destrehan, Louisiana 70047
Assistant to the President of St. Charles Parish
without violating dual officeholding provisions as long as one of the positions is part time.

Dear Mr. Murray:

We are in receipt of your request for an Attorney General’s Opinion concerning a possible dual officeholding violation. In your opinion request, you have stated that you currently hold the appointive position of a commissioner of the Port of South Louisiana. Your inquiry centers on the possibility of you additionally being “appointed” to the position of “Assistant to the President” of St. Charles Parish.

The dual officeholding laws, LA R.S. 42:61 et seq., apply in general to a person holding two positions at the same time. LA R.S. 42:63 (E) states in pertinent part:

No person holding a full-time appointive office or full-time employment in the government of this state or of a political subdivision thereof shall at the same time hold another full-time appointive office or full-time employment in the government of the state of Louisiana, in the government of a political subdivision thereof, or in a combination of these.

“Political subdivision,” as defined by LA R. S. 42:62 (9) is any:

Parish, municipality, and any other unit of local government…authorized by law to perform governmental functions. In addition for the purposes of this part, mayors courts, justices of the peace courts, district attorneys, sheriffs, clerks of court, coroners, tax assessors, registrar of voters, and all other elected parochial officials shall be separate political subdivisions.

Per our conversation on January 4, 2001, you stated that the position of “Assistant to the President” of St. Charles Parish is a full-time appointed position. As this position is not specifically enumerated in the Louisiana Revised Statutes, it is unclear whether or not it meets the definitional requirements of an “appointed office” or “employment, “ both of which are set forth in LA R.S. 42:62 (2) and (3), respectively. Regardless of the classification, because these positions are within separate political subdivisions by

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Paul J. Murray, III
Opinion No. 00-453
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virtue of LA R. S. 42:62 (9), as long as one of the positions is part time, you may simultaneously hold both positions without violating any dual officeholding provisions. As you have stated, the position of “Assistant to the President” is full time. Therefore, in order to hold both positions simultaneously without violating any dual officeholding provisions, the position of commissioner of the Port of South Louisiana must be part time. The definition of “part time” as applied to dual officeholding, can be found at LA R.S. 42:62 (5), which states:

The period of time which a person works or is expected to work in an appointive office or employment which is less than the number of hours of work defined in this Section as full time.

Full time is defined by LA R.S. 42:62 (4) as:

The period of time which a person works or is expected to work in an appointive office or employment and which is at least seven hours per day of work and at least thirty-five hours per week of work.

Therefore, it is the opinion of this office that you may simultaneously hold the positions of commissioner of the Port of South Louisiana and “Assistant to the President of St. Charles Parish” without violating dual officeholding provisions as long as the position of commissioner of the Port of South Louisiana is part time.

Additionally, in our conversation on January 4, 2001, you informed me that Parish President, Albert Laque, chose you for the position of commissioner of the Port of South Louisiana from a list of names submitted by the other port commissioners. Your appointment was voted on by the parish council and subsequently confirmed by the Louisiana Senate. Mr. Laque will also be responsible for appointing you as his assistant. Although there is no dual officeholding violation concerns with the simultaneous holding of these two positions, there may be ethical concerns. Please note that this opinion addresses only the dual officeholding concerns and does not address ethical matters. The potential ethical conflicts with the simultaneous holding of these positions should be addressed to:

Louisiana Board of Ethics Commission for Public Officials 8401 United Plaza Blvd., Suite 200
Baton Rouge, La. 70809
(225) 922-1400

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Paul J. Murray, III
Opinion No. 00-453
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We hope this opinion addresses all of your concerns. If we can be of further assistance, please advise.

With kindest regards,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
ANDREW D. BENTON
Assistant Attorney General

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Paul J. Murray, III
Opinion No. 00-453
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OPINION NUMBER 00-453
Syllabus

78 OFFICERS – Dual Office Holding

LA R.S. 42:61 et seq.
LA R. S. 42:62 (9)
LA R. S. 42:63 (E)

An individual may simultaneously hold the positions of commissioner of the Port of South Louisiana and Assistant to the President of St. Charles Parish without violating dual officeholding provisions as long as one of the positions is part time.

Paul J. Murray, III
13880 River Road
Destrehan, Louisiana 70047

Date Received: 11/13/00

Date Released: March 8, 2001

Andrew D. Benton
Assistant Attorney General