Could a Brusly council member also serve on the West Baton Rouge Parish Library board?

Plain-English summary

A West Baton Rouge Parish Library trustee who had been elected to the Brusly Town Council asked whether holding both positions violated Louisiana's dual-officeholding law. The Attorney General said it did not, provided the library trustee role was part-time. The fact that the library role was unpaid did not determine whether the two positions could be held together.

The AG quoted the statute barring a local elected official from also holding another elective office or a full-time appointive office. He said the two positions were in separate political subdivisions and, regardless of their classification, could be held together if the library trustee role was part-time.

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 the same person be a Brusly council member and parish library trustee?
Yes, the AG said, if the library trustee position was part-time.

Did it matter that the library trusteeship was unpaid?
The AG said compensation was irrelevant to the dual-officeholding analysis; the type and time commitment of the positions mattered.

What restriction would have changed the answer?
The opinion quoted the rule against a local elected official simultaneously holding a full-time appointive office in state or local government.

Background and statutory framework

The opinion applied LA R.S. 42:63 (D) and the then-current part-time and full-time definitions in LA R.S. 42:62 (5) and (4).

Citations and references

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

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0098

Original opinion text

March 16, 2001
OPINION NUMBER 01-98

78 OFFICERS – Dual Office Holding
Joanne C. Bourgeois
An individual may simultaneously hold the positions of
P.O. Box 628
West Baton Rouge Parish Library Board of Trustees
Brusly, LA 70719
member and Brusly Town Council member without
violating dual officeholding provisions as long as the position of West Baton Rouge Parish Library Board of Trustees member is part time.
Dear Ms. Bourgeois:

We are in receipt of your request for an Attorney General’s Opinion concerning a possible dual officeholding violation. In your opinion request, you state that the West Baton Rouge Parish Council appointed you to the Board of Trustees of the West Baton Rouge Parish Library in 1976, a position which is without compensation of salary or pay. Additionally, you state that on October 7, 2000 you were elected to serve on the Brusly Town Council for a four-year term to begin on January 1, 2001 for which you will be paid.

The issue of compensation is irrelevant for dual officeholding evaluation purposes. As stated previously in Attorney General Opinion Number 96-345, “compensation, in general, has no effect upon the permissiveness or disallowance of the simultaneous holding of offices under the law.” More important are the types of employment and /or position to be held.

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 (D) states in pertinent part:

No person holding an elective office in a political subdivision of this state shall at the same time hold another elective office or full-time appointive office in the government of this state or in the government of a political subdivision thereof.

“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.

Page 2

Joanne C. Bourgeois
Opinion No. 01-98
Page 2

Regardless of the classification, because these positions are within separate political subdivisions by virtue of LA R. S. 42:62 (9), as long as the position West Baton Rouge Parish Library Board of Trustees member is part time, you may simultaneously hold both positions without violating any dual officeholding provisions. 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 West Baton Rouge Parish Library Board of Trustees member and Brusly Town Council member without violating dual officeholding provisions as long as the position of West Baton Rouge Parish Library Board of Trustees member is part time.

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

Page 3

Joanne C. Bourgeois
Opinion No. 01-98
Page 3

OPINION NUMBER 01-98
Syllabus

78 OFFICERS – Dual Office Holding

LA R.S. 42:61 et seq.
LA R. S. 42:62 (4), (5) & (9)
LA R. S. 42:63 (D)

An individual may simultaneously hold the positions of West Baton Rouge Parish Library Board of Trustees member and Brusly Town Council member without violating dual officeholding provisions as long as the position of West Baton Rouge Parish Library Board of Trustees member is part time.

Joanne C. Bourgeois
P.O. Box 628
Brusly, LA 70719

Date Received: 10/13/2000

Date Released: March 16, 2001

Andrew D. Benton
Assistant Attorney General