Could a sheriff's employee serve on Louisiana's Private Investigator Examiners Board?

Plain-English summary

A Calcasieu Parish Sheriff's Office employee asked whether his full-time internal-affairs job prevented him from serving on the part-time appointed Louisiana State Board of Private Investigator Examiners. The Attorney General said the dual-officeholding law did not bar the combination.

The possible obstacle was a rule against holding positions in two branches of state government at once. The AG said the state board belonged to the executive branch, but the sheriff's office was defined as a separate political subdivision and was not part of the state judicial branch under the cited definitions. He therefore rejected that cross-branch objection for the positions described.

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 sheriff's employee serve on the state licensing board?
Yes. The AG said the law did not prohibit the full-time sheriff's employee from holding that part-time appointed board office.

Was the sheriff's office treated as the state judicial branch?
No. The opinion said it was a separate political subdivision under R.S. 42:62(9), so the cross-branch state-government prohibition did not apply as suggested.

Background and statutory framework

The opinion compared R.S. 42:63(B)'s branch-of-government restriction with the definitions in R.S. 42:62(8) and (9). It identified the board as a state executive-branch entity and the sheriff's office as a separate political subdivision.

Citations and references

• R.S. 42:63(B)
• R.S. 42:62(8)
• 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/01-0103

Original opinion text

March 16, 2001
OPINION 01-103

Mr. Will Abshire 78 Dual Officeholding
LSBPIE 4th PSC District Board Member
R.S. 37:3504; R.S. 42:62(6); R.S. 42:62(8)
1020 McCall Street
An employee of the sheriff’s office would not be prohibited by law
from serving on the state board referred.
Lake Charles, LA 70607-4922

Dear Mr. Abshire:

You currently hold full-time employment as head of Internal Affairs for the Calcasieu Parish Sheriff’s Office. You ask whether the Dual Officeholding and Dual Employment Laws would prevent you from simultaneously holding office as board member of the Louisiana State Board of Private Investigator Examiners, created under R.S. 37:3504, within the Department of Safety and Corrections, a part-time appointive office.

It has been suggested that R.S. 42:63(B) would prevent the arrangement, as that statute provides:

B. Except as otherwise provided by the Louisiana constitution, no person holding office or employment in one branch of the state government shall at the same time hold another office or employment in any other branch of the state government.

While the Louisiana State Board of Private Investigator Examiners falls within the definition of the executive board of state government under R.S. 42:62(6), the sheriff’s office is not included within the definition of the judicial branch under R.S. 42:62(8). The office of sheriff is defined by R.S. 42:62(9) as a separate political subdivision. An employee of the sheriff’s office would not be prohibited by law from serving on the state board referenced.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: ________ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

Page 2

SYLLABUS

01-103

78 Dual Officeholding

R.S. 37:3504; R.S. 42:62(6); R.S. 42:62(8)

An employee of the sheriff’s office would not be prohibited by law from serving on the state board referred.

Mr. Will Abshire
LSBPIE 4th PSC District Board Member
1020 McCall Street
Lake Charles, LA 70607-4922

Date Received:
Date Released: March 16, 2001

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL