Could a Louisiana Department of Transportation employee also serve as an elected school board member?

Plain-English summary

An assistant district attorney asked whether an employee of the Louisiana Department of Transportation and Development could also hold an elected school board seat. In the official opinion, the AG said no. It read R.S. 42:63(D) as barring simultaneous state employment and local elective office, and found none of the cited exemptions applicable.

The packet includes earlier Opinion 98-276, which distinguished state employment from a part-time appointive state office. That attached opinion said a local elected official could hold a qualifying part-time appointive office, but could not hold state employment. The 02-0052 answer concerned state employment.

Currency note

This opinion was issued in 2002. 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 transportation employee keep the state job and serve on a school board?
The AG said the dual-officeholding statute prohibited that combination.

Did part-time state employment change the answer?
The attached earlier opinion said the bar on state employment applied whether the job was full-time or part-time.

Was a part-time appointed state office treated the same as state employment?
No. The attached opinion distinguished a part-time appointive office from an employment position. The current letter concerned employment.

Background and statutory framework

The 02-0052 letter applied R.S. 42:63(D) to a local elective school board office and state transportation employment, using the definitions in R.S. 42:62. It checked R.S. 42:66 for an exemption and enclosed Opinion 98-276 for its conclusion that a state Agriculture Department employee could not hold a school board seat.

Citations and references

• R.S. 42:63(D) (prohibited office and employment combination)
• R.S. 42:62 and R.S. 42:66 (definitions and exemptions discussed)
• Attached Louisiana Attorney General Opinion 98-276

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0052

Original opinion text

DEPARTMENT OF IUSTICE
P.O. Box 94005
RICHARD P. IEYOUB
TEL: (504) 342-7013
70804-9005
ATTORNEY GENERAL
FAX: (504) 342-7335

OPINION 02-0052
Mr. Robert E. Bethard
FEB ~ 5 2002
Assistant District Attorney
P.O. Box 606 78 Dual Officeholding
R.S. 42:62(3); R.S. 42:62(6); R.S. 42:66; R.S. 42:62(D)
Coushatta, LA 71019
State employee of Department of Transportation & Development cannot
legally hold elected office of school board member.
Dear Mr. Bethard:

In response to your recent correspondence, note that it remains the opinion of this office that a state employee is prohibited by law from simultaneously holding the elected position of school board member. R.S. 42:63(D) provides:

D. No person holdinq 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. No such person shall hold at the same time employment in the ,qovernment of this state, or in the same political subdivision in which he holds an elective office. In addition no sheriff, assessor, or clerk of court shall hold any office or employment under a parish governing authority or school board, nor shall any member of any parish governing authority or school board hold any office or employment with any sheriff, assessor, or clerk of court. (Emphasis added).

The position of elected school board member constitutes an elective office in a political subdivision of the state. See R.S. 42:62(1) and R.S. 42:62 (9). A full-time employee of the Louisiana Department of Transportation and Development holds employment in the government of this state. See R.S. 42:62(3) and R.S. 42:62(6). Further, none of the exemptions provided in R.S. 42:66 are applicable. Finally, we enclose a copy of Attorney General Opinion 98-276, in which the author concluded that an individual employed with the State Department of Agriculture can not legally hold the elected office of school board member.

Very truly yours,

RICHARD P. IEYOL~

KLK:ams

Page 2

One Ar’ner~car’, Place
30! Main Street, Su=te 600
DEPARTMENT OF JUSTICE
P O Box c~4005
CIVIL DIVISION
TEL (504, 342-7013

BATON ROUGE
FAX (S04~ 342-2090

RICHARD P IEYOUB
70804-9095
ATTOR’~ E’~ GENI~RAL

OPINION No. g8-276

78
OFFICER - DUAL OFFICE HOLDING

LSA-R.S. 42:63((D) LSA-R.S. 42:62(9) LSA-R.S. 42:62(3) LSA-R.S. 42:62:(2)

1) If the position with the State Department of Agriculture ~s employment with the state, an individual can not hold an elecbve posit~on
Mr. J. Wayne Landry
in a political subdivision of their state and also be employed either
full-time or part-time with the State Department of Agriculture Assistant District Attorney
Courthouse Building, Suite 200 2) If the posit~on with the State Department of Agriculture Js
an appointive position, an individual can hold an elect=ve pos=hon New Iberia, Louisiana 70560-4583 in a political subdivision of this state and a part-brae appo=nt=ve position with the State Department of Agriculture.
Dear Mr. Landry:

I am in receipt of your request for an Attorney General’s Opinion wherein you ask the following questions:

1) Can a school board member continue to serve on the school board if he is employed with a state department agency such as the State Department of Agriculture?

2) Does working for a state agency and holding a position as a school board member violate the dual office holding law?

To address your concerns, a review of the Dual Office Holding and Dual Employment Laws of this State which is found in Title 42 is necessary. Certain positions are prohibited by law from being held simultaneously.

LSA-R.S. 42:63(D) states the following prohibitions:

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. No such person shall hold at the same time employment in the government of this state, or in the same political subdivision in which he holds an elective office. In addition no sheriff, assessor, or clerk of court shall hold any office or employment under a parish governing authority or school board, nor shall any member of any parish governing authority or school board hold any office or employment with any sheriff, assessor, or clerk of court.

Page 3

Mr. J. Wayne Landry
OPINION NO. 98-276
Page -2-

You have indicated that the individual-in-question is a state employee and a school board member. A school board position is a part-time position with a local political subdivision in the state. As defined in LSA-R.S. 42:62(9) a 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 functions.

Your request does not indicate whether the position with the State Department of Agriculture is an appointed position or whether the individual-in-question is employed with the Department of Agriculture. I am also uncertain as to whether the position is full-time or part-time. I have attempted to contact you for further information but have been unable to reach you. Therefore, I will answer your questions assuming that the position with the State Department of Agriculture is by employment or appointment and full-time or part- time.

"Employment" is defined as:

... any job compensated on a salary or per diem basis, other than an elective or appointive office, in which a person is an employee of the state government or of a political subdivision thereof.
(See LSA-R.S. 42:62(3))

"Appointive Office" means:

... any office in any branch of government or other position on an agency, board, or commission or any executive office of any agency, board, commission, or department which is specifically established or specifically authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof and which is filled by appointment or election by an elected or appointed public official or by a governmental body composed of such officials of this state or of a political subdivision thereof.
(See LSA-R.S. 42:62(2))

Concerning your first request, LSA-R.S. 42:63(D) prohibits an individual from holding an elective office in a political subdivision of this state when an individual is employed in the same political subdivision in which he holds an elective office. This statute also prohibits an individual from holding an elective office in a political subdivision and employment in the government of this state whether full or part-time.

Page 4

Mr. J. Wayne Landry
OPINION No. 98-:276
Page -3-

Concerning your second request, LSA-R.S. 42:63(D) prohibits an individual from holding an elective office in a political subdivision of this state when an individual is also holding a full-time appointive office in the government of this state. However, this statute does not prohibit an individual from holding an elective office in a political subdivision and also holding a part-time appointed office in the government of this state.

In Attorney General Opinion No. 91-22, our office received a request concerning whether an elected school board member can concurrently serve as an assistant attorney general. Our office opined that the position of an assistant attorney general which is considered an appointive office is a full-time position and the concurrent holding of the two offices-in- question would be prohibited by LSA-R.S. 42:63D.

Therefore, in answer to your concerns, the following is true:

1) If the position with the State Department of Agriculture is employment with the state, an individual can not hold an elective position in a political subdivision of this state and also be employed either full-time or part-time with the State Department of Agriculture.

2) If the position with the State Department of Agriculture is an appointive position, an individual can hold an elective position in a political subdivision of this state and a part-time appointive position with the State Department of Agriculture.

I hope this opinion has sufficiently addressed your concerns. If I can be of further assistance please let me know.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

By:
JAILS C. HRDLICKA
Assi~,tant Attorney General

RPI/JCH:Irs