Could a full-time Louisiana town police officer also work for the town fire department?

Plain-English summary

Simmesport's police chief asked whether a town police officer could also be an active member of its fire department. The Attorney General said the Dual Officeholding and Dual Employment Laws did not bar a full-time police employee from holding a part-time fire position in the same municipality. The hours could not conflict with the officer's assigned police duties.

The opinion assumed that no civil service rule or regulation conflicted with that conclusion. It distinguished the statute's prohibition on holding two full-time government positions from the full-time and part-time combination in the question.

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.

Common questions

Could a full-time town police officer also be a firefighter?
The AG said yes if the firefighter position was part-time, its hours did not conflict with police duties, and no civil service rule prohibited the arrangement.

What combination did the dual-employment statute prohibit?
The provision quoted in the opinion barred someone in full-time government employment or appointive office from simultaneously holding another full-time government position.

Did the AG decide whether civil service rules allowed the arrangement?
No. The AG expressly assumed that no applicable civil service rule or regulation conflicted with the answer.

Background and statutory framework

The AG applied R.S. 42:63(E) to the two municipal roles and cited the then-current definitions of full-time and part-time in R.S. 42:62(4) and (5).

Citations and references

• R.S. 42:63(E)
• R.S. 42:62(4)
• R.S. 42:62(5)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0078

Original opinion text

March 9, 2001
OPINION 01-78

Honorable Sylvester Callihan
Chief of Police
Town of Simmesport
P. O. Box 145
Simmesport, LA 71369

Dear Chief Callihan:

You have asked this office to advise you if a member of the police department of the Town of Simmesport could also serve as an active member of the fire department.

A response to your question requires review of the Louisiana Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq. The prohibitions pertinent to this matter are found in R.S. 42:63(E), providing:

E. 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.

There is no prohibition against someone holding a full-time employment, such as police officer, while holding a part-time appointive position or part-time employment within the same municipality. Thus, the law does not prohibit one from holding the position of fireman on a part-time basis, during hours which do not conflict with the regularly assigned duties allocated this individual in his capacity as police officer.

“Full-time” means the period of time which a person normally 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 house per week of work. See R.S. 42:62(4). “Part-time” is less than the number of hours of work defined as full-time. See R.S. 42:62(5).

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Chief Sylvester Callihan
Opinion 01-78
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We assume since the Town of Simmesport has a population of approximately 2,000 that there are no civil service rules or regulations which would conflict with our determination.

Should you have further questions in which we may provide assistance, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ________
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

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Chief Sylvester Callihan
Opinion 01-78
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#01-78

78 DUAL OFFICEHOLDING

R.S. 42:63(E)

A full time policeman may also serve as part time fireman for the same town, providing the work hours do not conflict, and no civil service rules or regulations prohibit the arrangement.

Honorable Sylvester Callihan
Chief of Police
Town of Simmesport
P. O. Box 145
Simmesport, LA 71369

Date Received:
Date Released: March 9, 2001

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL