Could a full-time waterworks employee also umpire part-time for a public school?

Plain-English summary

The Terrebonne Parish Consolidated Waterworks District asked whether a full-time district employee could also work part-time as a baseball umpire for a local public school. The Attorney General said the combination was allowed under the dual-officeholding and dual-employment law he reviewed.

The cited prohibition barred one full-time government position alongside another full-time government position. Because the umpiring job was part-time, that prohibition did not apply. The opinion also quoted the statutory definitions of full-time, part-time, and political subdivision.

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 employee hold both jobs under the opinion?
Yes. The AG said full-time waterworks employment and part-time public-school umpiring were not barred by the provision he applied.

What combination did the cited law prohibit?
The AG quoted the rule against holding two full-time government offices or jobs at once.

Why was the part-time status important?
The AG said the prohibition did not apply because one of the contemplated positions was part-time.

Background and statutory framework

The opinion applied R.S. 42:63(E) and quoted the related definitions in R.S. 42:62, including the treatment of school boards and special districts as political subdivisions.

Citations and references

• R.S. 42:63(E)
• R.S. 42:62(9)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/01-0102

Original opinion text

April 25, 2001
OPINION 01-102

Mr. Robert J. Prejeant
78 DUAL OFFICEHOLDING
Terrebonne Parish Consolidated
R.S. 42:62(9); R.S. 42:61, et seq., R.S. 42:62(4) and (5)
Waterworks District
Part-time baseball umpire for local public school may also be
240 Barrow Street
employed on a full-time basis as supervisor of waterworks district.
P. O. Box 669
Houma, LA 70361-0669

Dear Mr. Prejeant:

The law does not prohibit an individual from holding full-time employment with the parish waterworks district, while also employed as part-time baseball umpire for a local public school.

The prohibition of concern in Louisiana’s Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq., would be 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 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.

Since one of the contemplated positions is part-time1, the prohibition is inapplicable.

Finally, in response to your specific question, a school board and a municipality are separate political subdivisions as provided in R.S. 42:62(9) stating:

(9) “Political subdivision” means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental 1
R.S. 42:62(4) and (5) provide, respectively:
(4) “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 hours per week of work.
(5) “Part-time” means the period of time which a person normally 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

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Mr. Robert J. Prejeant
OPINION #01-102
Page 2
functions. In addition for the purposes of this Part, mayor’s courts, justice of the peace courts, district attorneys, sheriffs, clerks of courts, justice of the peace courts, district attorneys, sheriffs, clerks of court, coroners, tax assessors, registrars of voters, and all other elected parochial officials shall be separate political subdivisions.

Should you have other 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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Mr. Robert J. Prejeant
OPINION #01-102
Page 3

OPINION #01-102

79 DUAL OFFICEHOLDING

R.S. 42:62(9); R.S. 42:61, et seq., R.S. 42:62(4) and (5)

Part-time baseball umpire for local public school may also be employed on a full- time basis as supervisor of waterworks district.

Mr. Robert J. Prejeant
Terrebonne Parish Consolidated Waterworks District
240 Barrow Street
P. O. Box 669
Houma, LA 70361-0669

Date Received
Date Released: April 25, 2001

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL