Could a Louisiana housing authority board member also work for the city that appointed them?
Apply this to your situation
This page answers the general question as of 2001. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.
Plain-English summary
Rayne's city attorney asked whether the city could hire someone who already served on the board of its housing authority. The Attorney General treated the board seat, filled by appointment of the mayor and council, as a local appointive office. Under the dual officeholding law he quoted, the person could hold the board seat and city job if at least one position was part time.
The opinion used the statute's hours test: a full-time appointive office or job meant at least seven hours per workday and at least 35 hours per workweek. A part-time position fell below that definition. The AG did not identify a prohibition where only one of the two roles was full 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 a city hire someone on its housing authority board?
The AG said Rayne could do so if either the board seat or the city employment was part time.
What if both jobs were full time?
The opinion read the then-current dual officeholding rule as prohibiting simultaneous full-time appointive office and full-time government employment.
How did the opinion define full time?
It quoted LA R.S. 42:62 (4): at least seven hours per day and at least 35 hours per week in an appointive office or employment.
Background and statutory framework
The city appointed housing authority directors through the mayor and council, making the seat a local appointive office for this analysis. LA R.S. 42:63 (E) supplied the prohibition on holding two full-time positions; LA R.S. 42:62 (4) and (5) defined full- and part-time service. The opinion applied those definitions to the two proposed roles.
Citations and references
- LA R.S. 42:63 (E)
- LA R.S. 42:62 (4)
- LA 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/01-0118
Original opinion text
May 7, 2001
OPINION NUMBER 01-118
78 OFFICERS – Dual Office Holding
Larry T. Richard
City Attorney
The City of Rayne may employ a person who
601 Clegg Street
currently serves as a member of the Board of
Rayne, Louisiana 70578 Directors of the Housing Authority for the City of Rayne as long as one of these two positions will be in a part-time capacity.
Dear Mr. Richard:
We are in receipt of your request for an Attorney General’s Opinion concerning a possible dual officeholding violation. Specifically, you ask whether the City of Rayne may employ a person who currently serves as a member of the Board of Directors of the Housing Authority for the City of Rayne.
Your letter continues to state that position of member of the Board of Directors of the Housing Authority for the City of Rayne is filled through appointments made by the City of Rayne’s mayor and city council. Thus, this position is classified as a local appointed office.
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 (E) states in pertinent part:
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.
Under LA R.S. 42:63 (E), as long as both positions are not considered “full-time,” then there is no dual office holding prohibition. In other words, one of the positions may be considered “full-time” but not both positions.
“Full time,” as defined by LA R.S. 42:62 (4) is:
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
Page 2
Larry T. Richard
Opinion No. 01-118
Page 2
hours per day of work and at least thirty-five hours per week of work.
“Part time” as defined by LA R.S. 42:62 (5) is:
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.
Therefore, it is the opinion of this office that the City of Rayne may employ a person who currently serves as a member of the Board of Directors of the Housing Authority for the City of Rayne as long as one of these two positions will be in a part-time capacity.
We hope this opinion addresses all of your concerns. If we can be of further assistance, please advise.
Very truly yours,
RICHARD P. IEYOUB
Attorney General
BY: ______
ANDREW D. BENTON
Assistant Attorney General
Page 3
Larry T. Richard
Opinion No. 01-118
Page 3
OPINION NUMBER 01-118
Syllabus
78 OFFICERS – Dual Office Holding
LA R.S. 42:61 et seq.
LA R.S. 42:63 (E)
LA R.S. 42:62 (4)
LA R.S. 42:62 (5)
The City of Rayne may employ a person who currently serves as a member of the Board of Directors of the Housing Authority for the City of Rayne as long as one of these two positions will be in a part-time capacity.
Larry T. Richard
City Attorney
601 Clegg Street
Rayne, Louisiana 70578
Date Received:
Date Released: May 7, 2001
Andrew D. Benton
Assistant Attorney General
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