Could a Louisiana legislative staffer contract with Southern University on intellectual-property policy?

Plain-English summary

A state senator asked whether a legislative staff employee could contract with Southern University to help develop its intellectual-property policy and faculty contract terms. In 2001, the attorney general's office said a professional-service contract was not salary- or per-diem employment for purposes of the Louisiana dual-officeholding law. On that basis, it did not treat the proposed contract as a second government job under that law.

The office separately quoted R.S. 14:140, the public-contract-fraud statute, concerning an official or employee using public position or influence to secure an expenditure of public funds for themselves or certain affiliated entities. The opinion did not decide that the proposed contract violated that statute; it called attention to the statute.

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.

Legislative staff at the time

The office treated the described professional-service contract as outside the dual-officeholding law's employment category. It directed attention to the separate public-contract-fraud restriction.

University contract administrators at the time

The opinion addressed the proposed policy-development contract only under dual-officeholding law and identified the separate statute on securing public expenditures through official influence.

Common questions

Q: Did this professional-service contract count as a second government job?
A: The office said no for the dual-officeholding law, because the contract was not a salary- or per-diem job.

Q: Did the opinion approve the contract under every law?
A: No. It quoted the public-contract-fraud statute and did not decide whether the contract implicated it on particular facts.

Background and statutory framework

The opinion relied on earlier attorney general opinions interpreting R.S. 42:61 et seq. for professional-service contracts. It then quoted R.S. 14:140 to identify a distinct restriction on public officials and employees securing expenditure of public funds through their position or influence.

Citations and references

• R.S. 42:61 (dual-officeholding law)
• R.S. 14:140 (public-contract fraud)
• Atty. Gen. Op. Nos. 97-528, 96-359, and 96-9 (earlier service-contract opinions)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/00-0464

Original opinion text

February 2, 2001
OPINION 00-464

Senator Lambert C. Boissiere, Jr.
LA. State Senator, District 3
6305 Elysian Fields
New Orleans, LA 70122-4245

Dear Senator Boissiere:

This office is in receipt of your request for an opinion of the Attorney General in regard to dual officeholding. You ask whether a state legislative staff employee may enter into a professional service contract with Southern University to assist in the development and review of the University's intellectual property policy, and contractual provisions between faculty members and the University regarding intellectual property rights, which we find to "traditionally includes the three legal areas of patents, trademarks, and copyrights." Intellectual Property, 3rd. Ed. , Arthur R. Miller, Michael H. Davis.

This office has previously concluded where an individual enters into a professional service contract such is not considered to be a job compensated on a salary or a per diem basis, and does not constitute employment within the Louisiana Dual Officeholding Law, R.S. 42:61 et seq.. Atty. Gen. Op. Nos. 97-528, 96-359, 96-9.

As noted in Atty. Gen. Op. No. 97-528, attention should be given to the provisions of R.S. 14:140, Public Contract Fraud, which provides in part as follows:

A. Public contract fraud is committed:

(1) When any public office or public employee shall use his power or position as such officer or employee to secure any expenditure of public funds to himself, or to any partnership of which he is a member, or to any corporation of which he is an officer, director, or stockholder, or

(2) When any member of any public board, body or commission charged with the custody, control, or expenditure of any public funds votes for or uses his influence to secure any expenditure of such funds to himself, or to any partnership of which he is a member, or to any corporation of which he is an officer, director, or stockholder.

• • • • • • • • • • • • • • • • • • • • • • *

Page 2

Sen. Lambert C. Boissiere, Jr.
OPINION 00-464
Page 2

The fact that an expenditure has been made to any party named in Paragraphs (1) and (2) of this Section, or to any partnership of which he is a member, or to any corporation of which he is an officer, stockholder, or director, shall be presumptive evidence that such person has used his power, position, or influence to secure such expenditure.

We hope this sufficiently answers your inquiry, but if we can be of further assistance do not hesitate to contact us.

Sincerely yours,

RICHARD P. IEYOUB
Attorney General

By:________
BARBARA B. RUTLEDGE
Assistant Attorney General

RPI/bbr

cc: Ms. Mary McGinn

OPINION 00-464

78 - Officers - Dual Officeholding
R.S. 42:61

Page 3

Sen. Lambert C. Boissiere, Jr.
OPINION 00-464
Page 3

A state legislative staff employee who also
enters into a professional service contract
is not considered to be a job compensated
on a salary or a per diem basis, and does
not constitute employment within the
Louisiana Dual Officeholding Law.

Senator Lambert C. Boissiere, Jr.
LA State Senator, District 3
6305 Elysian Fields
New Orleans, LA 70122-4245

Date Received: Nov. 17, 2000
Date Released: February 2, 2001

BARBARA B. RUTLEDGE
Assistant Attorney General