Could an East Feliciana justice of the peace also teach full time at Louisiana Technical College?

View original AG opinion (official page)

Plain-English summary

An East Feliciana Parish justice of the peace asked whether he could accept a full-time teaching job at Louisiana Technical College. The AG concluded that the dual officeholding statutes did not bar the combination if the college job fell within the professional educational capacity exception. It described qualifying work as actual teaching or other direct impact on curriculum or educational programs. The opinion did not decide a separate Code of Judicial Conduct question and suggested asking the Louisiana Supreme Court's Judiciary Commission for an advisory ruling. The official PDF includes earlier AG opinions and judicial ethics correspondence as enclosures.

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

Did a full-time college teaching job automatically conflict with a justice of the peace office?
The AG said no under the dual officeholding law if the job qualified as professional educational work.

What counted as professional educational work in the opinion?
The AG described actual teaching and duties directly affecting curriculum or educational programs.

Did the AG clear the role under judicial ethics rules?
No. It suggested asking the Judiciary Commission for an advisory ruling because justices of the peace were also governed by the Code of Judicial Conduct.

Background and statutory framework

The opinion applied the educator exception in LA R.S. 42:66 (B) to the elected justice of the peace office. It cited and enclosed earlier opinions discussing professional educational capacity, and enclosed Opinion 96-356 and judicial ethics correspondence.

Citations and references

• LA R.S. 42:66 (B), the educator exception discussed in the opinion.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0076

Original opinion text

One American Place
DEPARTMENT OF JUSTICE
301 Main Street, Suite 1020
P.O. Box 94005
CIVIL DIVISION
TEL.: (225) 219-7711
BATON ROUGE
FAX: (225) 219-7712

RICHARD P. IEYOUB
70804-9005
A’I-rORN EY GENERAL

MAR 1 1 Z00Z
OPINION 02-0076

Mr. Dewey W. De Lee
78 OFFICERS - Dual Officeholding
P.O. Box 245
LA R.S. 42:61 et seq.
LA R.S. 42:66 (B)
Clinton, Louisiana 70722
A Justice of the Peace of East Feliciana Parish can teach
at the Louisiana Technical College in Jackson, Louisiana, without violating any dual officeholding provision& Dear Mr. De Lee:

We are in receipt of your request for an Attorney General’s Opinion concerning a possible dual officeholding violation. Specifically, you ask whether it would be permissible for you to accept a full-time teaching position with the Louisiana Technical College on the Folkes Campus in Jackson, Louisiana while holding your current position as a Justice of the Peace of East Feliciana Parish without violating a dual officeholding provision.

The dual officeholding laws, LA R.S. 42:61 et seq., apply in general to a person holding two positions at the same time. Within these statutes, are enumerated prohibited combinations of certain positions and offices. However, also enumerated herein are exemptions to certain positions and offices within the context of dual officeholding.
Tantamount to your inquiry is the "educator exception." This exception is found at LA R.S. 42:66 (B), and it states:

Nothing in this Part shall be construed to prevent a school teacher or person employed in a professional educational capacity in a grade school, high school, other educational institution, parish or city school from holding at the same time an elective or appointive office.

Therefore, this "educator exception" is applicable to those individuals who hold an elective or appointive office, and are employed in a professional educational capacity.
Since the office of Justice of the Peace of East Feliciana Parish is an elective 6ffice, there is no conflict with the dual office holding provisions as long as your position at the Louisiana Technical College is in a professional educational capacity.

This office has defined "professional educational capacity" to include: duties that affect the curriculum taught at the university or college, duties that require participation in the delivery of educational programs at the institution, and duties that require the planning of long and short range educational goals for the students. See Opinion Nos. 94-393, 95-113, 97-304, 98-82, and 00-63, attached hereto. Therefore, a position with the educational institution must be one in which the educator actually teaches or otherwise

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Page 2

Mr. Dewey W. De Lee
OPINION 02-0076
Page 2

has some direct impact on the curriculum or educational programs at the institution. Thus, if the teaching position you have accepted at the Louisiana Technical College falls within this definition, under the language of LA R.S. 42:66 (B), your employment as an educator will be exempted from consideration of a potential dual officeholding violation.

However, because Justices of the Peace are governed by the Code of Judicial Conduct, we suggest you consult the Judiciary Commission of the Louisiana Supreme Court for an advisory ruling, at 301 Loyola Avenue, Room 109, New Orleans, Louisiana, 70112. We enclose Attorney General Opinion 96-356, and direct your attention to the advisory rulings from the Judiciary Commission that are attached.

Therefore, it is the opinion of this office that you may maintain your elected position as a Justice of the Peace of East Feliciana Parish and teach at the Louisiana Technical College in Jackson, Louisiana without violating any dual officeholding provisions.

We hope this opinion addresses all of your concerns. If we can be of further assistance, please advise.

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

ANN EVANS WALL
Assistant Attorney General

RPI/AEW;dsc

Enclosures

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DEPARTMENT OF JUSTICE

RICHARD P. IEYOUB
P.O. Box 94005
ATTORNE~ GENERAL
TEL: (504) 342-7013
FAX: (504) 342-7335
AUGUST 1 ? BI4

OPINION 94-393

Honorable Joseph F. Toomy
OPINION 94-393

Representative
78

P. O. Box 163
].SA-R.S. 42:63(C); L,SA-R.S. 42:66(’B)

Gretna, LA 70054
Under tl~ ~ Officeboldiag and Dual F.mplopne~t Law,. ~n

Dear Representative Toomy,

This office is in receipt of your opinion request directed to Attorney General Richard P. leyoub. The request has been assigned to me for resolution.

You ask whether the DuaI-Officeholding and Dual-Employment statutory provisions governing the simultaneous holding of certain positions would permit you to hold your position as legislator while holding employment as Vice-President of Administrative Affairs with Delgado Community College. We conclude that an exemption within these provisions is applicable to your situation and that it is permissible for your to hold both positions concurrently.

Under LSA-R.S. 42:63, a person holding an elective office in the government of this state is prohibited from holding employment in the government of this state. LSA-R.S. 42:63(C) provides:

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

There is an exemption which allows an individual employed in a professional educational capacity to hold an elective office. LSA-R.S. 42:66(B) provides: --

B. Nothing in this Part shall be construed to prevent a school teacher or person employed in a professional educational capacity in a grade school, high school, other educational institution, parish or city school board from holding at the same time an elective or appointive office.

If your position as Vice President of Administrative Affairs is considered employment in a professional educational capacity, then you may also hold the position of state legislator. Your job description provides information pertinent to our conclusion and

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Representative Joseph F. Toomy
OPINION 94-393
Page -2-

requires you to perform the following functions:

Serve on the President’s Executive Council for planning long and short range educational goals for the college and coordination of all college operations and services.
o Maintain effective delivery of all administrative services related to the operations of the college.
o Assure compliance with rules and regulations of external educational and governmental agencies and laws affecting administration of the college.

Determine academic and student services needs to develop and revise long-range planning of the college and its campuses.

Coordinate development of college facilities to meet faculty and student needs.

Direct all renovations, additions, and refurbishment of physical plant and facilities. Represent the college before city and state agencies and coordinate contract work on all campuses.
o Develop with faculty and staff all capital outlay needs of the college, prioritize and formulate annual Capital Outlay Request. Determine programming needs of projects and represent college in approval process.
o Coordinate implementation of software and installation of hardware necessary for on-line academic and administrative record keeping, and reporting systems.

° Provide for academic and administrative telecommunications needs of the college.

10. Coordinate with State Property Control the accounting for new and existing movable property, and disposition of surplus items.

11. Develop and monitor operating budgets for administrative affairs units.

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Representative Joseph F. Toomy
OPINION 94-393
Page -3-

12. Provide for staff development, supervision and evaluation of personnel.

13. Serve on the college’s Planning, Environmental Quality, and Safety Committees, and other committees as assigned by the President.

14. Prepare reports as required by the President, the governing board and other agencies.

15. Assume other duties and responsibilities and represent the college as requested by the President.

We conclude that you are employed in a professional educational capacity with Delgado Community College. Of primary importance to our conclusion is the fact that you serve on the President’s Executive Council for planning the long and short range educational goals for the students of the college.

Based on these facts, we determine that you may continue to hold your position as state legislator while employed as the Vice President of Administrative Affairs with Delgado Community College.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

31
ATrORNEY

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DEPARTMENT OF JUSTICE
P.O. BOX 94095
Tel.: (504) 342-7900
70804-9095
Fax: (504) 342-7901
RICHARD P. IEYOUB
A’rTORNEY GENERAL

OPINION 95-113

OPINION 95-113
78
OFFICERS-Dual Officeholding
LSA-R.S. 42:61 et sea.: LSA-R.S. 42:62(1); LSA-R.S. 42:62(3);
LSA-R.S. 42:62(6);
LSA-R.S. 42:63; LSA-R.S. 42:63(D); LSA-R.S. 42:66(B)
Mr. Charles L. Hamaker
Under the Dual Officeholding and Dual Employment Law. the
Monroe City Attorney
Director of Special Services in the Operation and Maintenance of
Physical Facilities may not also hold elective office as Monro~ City
P. O. Box 123
Councilman.
Monroe, LA 71210-0123

Dear Mr. Hamaker:

In your correspondence of recent date you inquire whether a member of the Monroe City Council may legally continue to hold full-time employment with Northeast Louisiana University.

The provisions of the Louisiana Dual Officeholding and Dual Employment Law, LSA-R.S. 42:61 et seq., govern our response. The position of Monroe City Council member is a local elective office, while employment with Northeast Louisiana University constitutes employment in the government of this state. See LSA-R.S. 42:62(1); LSA-R.S. 42:62(3); and LSA-R.S. 42:62(6).

LSA-R.S. 42:63, providing the prohibitions against the concurrent holding of certain offices and employments, prohibits the simultaneous holding of the positions in question. LSA-R.S. 42:63(D) provides in pertinent part:

D. 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...(Emphasis added).

The law provides for an exemption in LSA-R.S. 42:66(B), stating:

B. Nothing in this Part shall be construed to prevent a school teacher or person employed in a professional educational capacity in a grade school, high school, other educational institution, parish or city school board from holding at the same time an elective or appointive office.

Pursuant to this exemption, if the position of the Director of Special Services in the Operation and Maintenance of Physical Facilities for the Special Services Department under the Business

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Page 7

Mr. Charles Hamaker
OPINION 95-113
Page 2

Division of the University is considered employment in a "professional educational capacity", then the simultaneous holding of an elective office would not be prohibited.

The job description for the position with the University is as follows:

This professional supervisory position within the Division of Business Affairs is responsible for all athletic, intramural, and recreational grounds maintenance and operations. Reporting to the Vice President of Business Affairs, and as delegated to the Director of Physical Plant, this Budget Unit Head is responsible for meeting intercollegiate competition field requirements in football, baseball, softball, and track and field. This position also manages personnel meeting [sic] selected athletic facility maintenance responsibilities. Administrative responsibilities include staffing, budgeting, records, managing the Summer Work Program, and generating reports for facilities operations.

From a review of the job description quoted above, the individual holding the University position is not required to teach, to affect the curriculum taught at the University, nor is he required to directly participate in the delivery of educational programs at the University. This office has previously found the presence of these factors to be indicative of an individual performing in a "professional educational capacity." See Attorney General Opinions 94-278 and 93-625, copies of which are enclosed.

Because these factors are absem, it is the opinion of this office that the Director of Special Services at the University is not employed in a "professional educational capacity". Thus, LSA- R.S. 42:6303) precludes him from simultaneously holding the elective office of Monroe City Councilman.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

GENERAL

KTK:am~

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DEPARTMENT OF ,IUSTICE

P.O. Box 9~005
70804-9005
TEL: (504) 342-7013
FAX: (504) 342-7335

OPIRIOR R~M~ER 94-27B

OFFICERS - Duel Office
OPINION NUMBER 94-278 LSA-R.S. 42:63D.
LSA-R.S. 42:66S.
LSA-R.S. 42:61 et se~.

Mr. Calvin E. Woodruff, Jr.
employe~
ClpacLty
LB for
8 pzofessi=nal educitior purposes of LSA-R.S. 42:6~
Cooper & Woodruff
Post Office Box 1213
~SA-R.S. 42:~3D. ~rom ccncur:e~$:y
the position o~ AIAermsn fo~ ~he Village
Abbeville, Louisiana 70511-1213
Maurice, Louisiana.

Dear Mr. Woodruff:
Your request for an opinion of the Attorney General on behalf of Mr. "Wayne Ther~ot, Alderman for the Village of Maurice, Louisiana, has been received by this office and assigned to me for disposition. As indicated in your letter of request, Mr. Theriot is an elected official of the Village of Maurice serving as an Alderman. Mr. Theriot is also employed on a full-time basis with the University of Southwestern Louisiana as Director of Business Services. You therefore ask whether the holding of these two positions concurrently violates the Louisiana Dual Officeholding Law, LSA-R.S. 42:61 et se~. According to LSA-R.S. 42:63D., the holding of an elective office in a political subdivision of this state while holding employment with the state government is prohibited. Thus, employment with the University of Southwestern Louisiana while holding the office of Alderman of the Village of Maurice violates the Dual 0fficeholding Law. LSA-R.S. 42:66B. however, provides for exemptions from the prohibitions found in the Dual Officeholding Law. Specifically, LSA-R.S. 42:66B. provides:
Nothing in this Part shall be construed--to prevent a school teacher or person employed in a professional educational capacity in a grade school, high school, other educational institution, parish or city school board from holding at the same time an elective or appointive office.

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Mr. Calvin E. Woodruff, Jr.
OPINION NUMBER 94-278
Page - 2 -

Thus, if the exemption for employment in a professional educational capacity applies to Mr. Theriot’s employment as the Director of Business Services, the prohibition found in LSA-R.S. 42:63D. will not prohibit the concurrent holding of the two positions at issue. The language "professional educational capabity" is not defined under the Dual Officeholding Law and the meaning of this provision is not clear from the statutory language itself. Thus, the legislative intent behind the enactment of this statute must be determined by going beyond this specific language by construing the language in the context of the statute as a whole. Gautreau v. Board of Elec. Examiners ~ City ~f B~t0n Route, 167 So.2d 425 (La. App. 1964). In addition, the statute must be construed so as to accomplish the purpose for which it was enacted and to give effect to legislative will. RespQndent Co. v. Kr~s Co., 9 So.2d 303, 200 La. 959 (La. 1942). The exemption found in LSA-R.S. 42:66B. is for school teachers and those employed in a professional educational capacity in a school or other educational institution. Clearly, the class of employees intended to be exempted were those whose employment is concerned with the educational process. Thus, an employee of an educational institution, such as University of Southwestern Louisiana, whose employment is not in a professional capacity and/or is unrelated to the institution’s educational role would not fall within the exemption of LSA-R.S. 42:66B. The employment at issue in your opinion request is that of Director of Business Services at the University of Southwestern Louisiana. The job responsibilities of the director include supervision of the Bursar’s Office the Cashier’s Office, the Data Control Office, Accounts Payable Office and the University Post Office. Further, the director serves as~Chairman of the University Fee Committee which reviews student appeals as they relate to their educational expenses. Thus, the director’s duties primarily concern the payment of tuition and other educational expenses, personnel payroll and related matters. These functions involve the University’s finances and are crucial to its survival, however, they do not involve the educational process.

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Mr. Calvin E. Woodruff, Jr.
OPINION NUMBER 94-278
Page - 3 -

Therefore, it is the opinion of this writer that the Director of Business Services at the University of Southwestern Louisiana is not employed in a professional educational capacity for purposes of LSA-R.S. 42:66B. and, thus, the director is prohibited by LSA-R.S. 42:63D. from concurrently holding the position of Alderman for the Village of Maurice, Louisiana. I hope that this has sufficiently addressed your questions. If you require any further information, please do not hesitate to ask.

Yours very truly,
RICHARD P. IEYOUB

Assist n~9~w’Attorney General

RPI/GMP:pb/2136o

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DEPARTMENT OF JUSTICE

RICHARD P. IEYOUB
P.O. Box 94005
70804-9005
AI"I’ORNEY ~,~NERAL
TEL: [504) 342-7013
FAX: (504) 342-7335

OPINION NUMBER 93-625

LSA-R.S. 42:61 e_!z se_~
LSA-R-S. 42:~3
Mr. Harold Lundy, President
LSA-B.S. 42:63D
Grambling State University
Post Office 607
Unde£ the Dual 0~[ice HoLding Law. the

  Grambling, Louisiana 71245                   State Univezsit¥ may not also hold        eLectiVe

o~ice on Mon£oe’s City Council.

Dear Mr. Lundy:
You have requested the opinion of this office concernin~ LSA-R.S. 42:61 et seq., the Louisiana Dual Office Holding .Law.
Your opinion request poses the following query:
May a person employed in an unclassified position at Grambling State University as Assistant Director of Housing also concurrently serve as an elected member of the Monroe City Council?

The policy behind the Dual Office Holding Law is the promotion and maintenance of the citizenry’s confidence in public officials and employees of this state and in governmental decisions. The Dual Office Holding Law aims to achieve the goals of this policy by defining, regulating, and prohibiting dual office holding. LSA-R.S. 42:61.
Under LSA-R.S. 42:63 certain persons holding elective or appointive office or employment in this state are prohibited from also holding another position in state or local government. LSA-R.S. 42:63 D. provides 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. No such person shall hQld a~ the same time employment in the ~overnment of this state, or in the same politiGal subdivision in which he holds an elective office. (Emphasis added)

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Mr. Harold Lundy
OPINION NUMBER 93-625
Page - 2 -

According to your query, the two positions at issue are: one, membership on Monroe’s City Council and, two, employment at Grambling State University as Assistant Housing Director. The position of Assistant Housing Director at Grambling State University is considered "employment in the government of this state" while membership on Monroe’s City Council is considered to be holding of an "elective office in a political subdivision of this state’. From a reading of the plain language of this statute, it would seem that the holding of these two positions concurrently would be prohibited by law. LSA-R.S. 42:66B., however, provides the following exemption to the general dual office holding prohibitions, it reads:
Nothing in this Part shall be construed to prevent a school teacher or person employed in a professional educational Capacity in a grade school, high schoo!, other educational institution, parish or city school board from holding at the same time an elective or appointive office. (Emphasis added)
Under this statutory provision, if the position of Assistant Housing Director is considered employment in a "professional educational capacity," then the concurrent holding of an elective office with this position would not be prohibited. According to information supplied to this office along with your opinion request, the position of Assistant Director of Housing at Grambling State University has the following job responsibilities:
-assisting the Director of Housing with every departmental project, assists the~area
Coordinator with problems;
--
-assists the Director of Housing in ordering supplies;
-represents the Director at various meetings;
-attends various workshops;

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Mr. Harold Lundy
OPINION NUMBER 93-625
Page - 3 -

-assists with making all initial room assignments and maintaining records concerning residence hall occupancy;
-assists with physical upkeep of the residence halls;
-assists with establishing rules and regulations governing students living in the residence halls; and
-performs other duties as assigned by the Director.
It is further pertinent to note that the qualifications for this position require a minimum of a bachelor’s degree in the
~rea of administration, counseling, or related fields, or a minimum of five years experience in higher education. The Assistant Housing Director is not required to teach, to affect the curriculum taught at the University, or to directly participate in the delivery of educational programs at the University. Based upon these facts, it is the opinion of this office that the position of Assistant Housing Director at Grambling State University is not employment in a professional educational capacity.-- Therefore, the Assistant Housing Director may not also hold the elective office of membership on the Monroe City Council without violating the provisions of LSA-R.S. 42:63. I hope that this adequately addresses your question. If you require further assistance, please do not hesitate to ask.

Yours very truly,

/GINA M. ~IO
Staff Attorney
RPI/GMP/1879o

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DEPARTMENT OF JUSTICE

RICHARD P. IEYOUB
P.O. Box 94005
A’I’TORNEY GENERAL
70804-9005
TEL: (504) 342-7013
FAX: (504) 342-7335

August 12, 1997
OPINION NUMBER 97-304

78 DUAL OFFICEHOLDING
Mr. Randall J. Webb
President
LSA-R.S. 42:63; LSA-R.S. 42:63 (D); LSA-R.S. 42:66 (B)

Northwestern State University With respect to dual officeholding, this office has interpreted Natchitoches, Louisiana 71497 "professional educational capacity" to require the individual to
engage in those activities which relate to or directly affect the curriculum or educational program at a college or university.
Dear Mr. Webb,

This office is in receipt of your opinion request to examine the legality of the simultaneous holding of the positions of the Vice President of University Affairs for Northwestern State University and the local elective office of Natchitoches City Councilman, in the instance that the person holding both of these positions would not be required to teach an academic class per school year.

LSA-R.S. 42:63 provides the prohibitions against the concurrent holding of certain offices and employment, specifically, LSA-R.S. 42:63 (D) provides in pertinent part:

D. 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. --

LSA-R.S. 42:63(D) prohibits the holding of local elective office (i.e. the position of Councilman) and employment in the government of the state (i.e. employment with the University).

However, the law provides for an exemption to the above prohibition in LSA-R.S. 42:66(B), which states:

B. Nothing in this Part shall be construed to prevent a school teacher or

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Mr. Randall J. Webb
OPINION 97-304
Page 2
person employed in a professional educational capacity in a grade school, high school, other educational institution, parish or city school board from holding at the same time an elective or appointive office.

In Attorney General Opinion 97-131, we addressed this same matter and concluded that the Vice President of University Affairs for Northwestern State University fell squarely in the category of someone employed in a "professional educational capacity" because his position required him to teach an academic class per school year. In the absence of a requirement to teach a class per school year, we look to certain factors in an individual’s job description in order to determine whether the individual is employed in a "professional educational capacity". The job description that you have provided contains information pertinent to our conclusion and requires the Vice President of University Affairs to perform the following functions:

Serve as a key administrator in the planning, operation, and management of the University.

Oversight responsibility for the construction, maintenance, and upkeep of all university facilities and grounds.

3. Participating in all official Northwestern State University functions.

4. Maintaining required office hours.

Maintaining a collegial relationship with peer and colleagues throughout the University. As an administrator, this includes working with professors and department head,.s, to arbitrate disputes and/or reach a consensus. _

It has been the opinion of this office that factors which are indicative of an individual performing in a "professional educational capacity" include duties which affect the curriculum taught at the University, duties which require participation in the delivery of educational programs at the University, and duties which require the planning of long and short range educational goals for the students of the University. See Attorney General Opinions 94-393, 95-113. The common element shared by these factors is each is related to or directly affects the curriculum or educational programs offered by the University. The job description which you provided us does not reflect any

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Mr. Randall J. Webb
OPINION 97-304
Page 3

involvement or impact on the curriculum of the University. The responsibilities of the position of Vice President for University Affairs, absent a requirement to teach a course per session, appear to be as an administrator of the University, rather than an educator or one who would affect curriculum policy.

Based upon these facts, it is the opinion of this office that the Vice-President of University Affairs would not be performing in a "professional educational capacity" absent a requirement that he teach a course per session, and as such, would not fall under the dual officeholding exemption of LSA-R.S. 42:66 03).

Should you have any further questions concerning this matter, please feel free to contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:

ASS~ ATTORNEY GENERAL

KLK:ams

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~tate of ~ouisiana
One American Place
301 Main Street, Suite 600
DEPARTMENT OF JUSTICE
P.O. Box 94005
CIVIL DIVISION
TEL.: (504) 342-7013
BATON ROUGE
FAX: (504) 342-2090

RICHARD P. IEYOUB
70804-9005
A’rI’ORN EY GENERAL

MARCH 23, 1998
OPINION NUMBER 98-82

78 - Dual Office Holding
LSA-R.S. 42:63(D)
Mr. Wayne Th-eriot
LSA-R.S. 42:66(B)
LSA-R.S. 42:61, et seq.
Assistant Vice President
for Business Services
The assistant vice president for Business Services with the University
P.O. Box 40400
of Southwestern Louisiana is not employed in a professional
educational capacity for the purposes of the exception provided in
Lafayette, LA 70504-0400
LSA-R.S. 42:66(B), and thus, is prohibited by LSA-R.S. 42:63D) from
concurrently holding the position of Alderman with the Village of
Dear Mr. Theriot: Maudce.

You have requested the opinion of this office with regard to your concurrently holding the position of Alderman for the Village of Maurice, Louisiana, as well as employment as Assistant Vice President for Business Services with the University of Southwestern Louisiana (hereinafter referred to as "USL"). You indicated, in your letter of request, that you are an elected official of the Village of Maurice serving as Alderman. You are also employed on a full-time basis with USL.

According to LSA-R.S. 42:63(D), the holding of an elective office in a political subdivision of this state while holding employment with state government is prohibited.
Thus, employment as assistant vice president for Business Services with USL, while holding the office of alderman of the Village of Maurice, violates the Dual Officeholding Law. Various exemptions are provided, however, under the provisions of LSA-R.S.
42:66(B). Specifically, LSA-R.S. 42:66(B), provides in pertinent part:

Nothing in this Part shall be construed to prevent a school teacher or person employed in a professional educational capacity in a grade school, high school, other educational institution, parish or city school board from holding at the same time an elective or appointive office.

If the exemption for employment in a professional educational capacity applies to your employment with USL, the prohibition found in LSA-R.S. 42:63(D), would not prohibit your holding the two positions at issue.

From a review of your job description, attached to your request, it is our conclusion that you do not hold employment in a professional education capacity. You are not required to teach, to affect the curriculum taught at the University, nor do your duties require you to directly participate in the delivery of educational programs at USL.

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Page 18

Mr. Wayne Theriot
OPINION NUMBER 98-82
Page --2-

It has been the opinion of this office, that factors which are indicative of an individual performing in a =professional education capacity", include duties which affect the curriculum taught at the University, duties which require participation in the delivery of educational programs, and duties which require the planning of long and short range educational goals for students. See Attorney General Opinion Nos. 94-393, 95-113 and 97-304.

The common_element shared by these factors, is that each is related to or directly affecting the curriculum or educational programs offered by the school. The job description which you provided does not reflect any involvement or impact on the curriculum at the University. The responsibilities of the position of vice president of Business Services for USL, while indeed necessary for the operation and performance of the University, do not appear to fall within the exemption.

Based on these facts, it is the opinion of this office that the Assistant Vice President for Business Services with the University of Southwestern Louisiana, is not employed in the professional educational capacity for purposes of the exemption provided in LSA- R.S. 42:66(B), and thus, is prohibited by LSA-R.S. 42:63(D) from concurrently holding such employment and the position of Alderman for the Village of Maurice.

I trust this sufficiently addresses your concerns. If our office may be of further assistance, please do not hesitate to contact us.

Yours very truly,

RICHARD P. IEYOUB

By:
CHARLES H. BRAU]
Assistant Attorney General
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DEPARTMENT OF IUSTICE
CI~’IL DI~"I.SION
P.O. Box 94005
TEL.: (504) 342-7013
BATON ROUGE
FAX: (504) 342-2090
RICHARD P. IEYOU8
70804-9005
ATTORNEY GENERAL

MAR 2 0 2000
OPINION NUMBER 00-63

OPINION NUMBER 00-63
78 - Officers - Dual Officeholding
Honorable Henry.."Tank" Powell
LSA-R.S. 42:63 (D); LSA-R.S. 42:66 (B)
Representative, House District 73 A.person serving on the Tangipahoa Parish School Board may
423 South Ninth Street
also serve as director of the Louisiana Technical College-
Hammond Area Campus as the latter position falls under the
Ponchatoula, Louisiana 70454
exemption for those persons employed in a professional
educational capacity provided in LSA-R.S. 42:66 (B).
Dear Representative Powell:

You have requested an Attorney General’s opinion as to whether or not a person serving on the Tangipahoa Parish School Board may also serve as director of the Louisiana Technical College-Hammond Area Campus.

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

D. 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 elective office.

This provision prohibits the holding of a local elective office, such as membership on the parish school board, and an appointed position within that same parish or state government.

However, LSA-R.S. 42:66(B) provides an exemption to the above prohibition:

Nothing in this part shall be construed to prevent a school teacher or person employed in a professional educational capacity in a grade school, high school, other educational institution, parish or city school board from holding at the same time an elective or appointive office.

This office has consistently held that factors determining employment in a professional educational capacity include duties which affect the curriculum taught at the university or college, duties which require participation in the delivery of educational programs at the university or college, and duties which

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OPINION NUMBER 00-63
Honorable Henry ’"rank" Powell
Page 2

require the planning of long and short range educational goals for the students of the university or college. See Attorney General Opinions 94-393, 95-113, 97-304 and 98-82.

The common element shared by these factors is that each is related to or directly affects the-curriculum or educational programs offered by the school. VVhile you did not provide~a job. description for the director of the Louisiana Technical College-Hammond Area Campus, one can assume that such a position would entail duties that satisfy the above requirement.

Therefore, it is the opinion of this office that a person serving on the Tangipahoa Parish School Board may also serve as director of the Louisiana Technical College-Hammond Area Campus as the latter position falls under the exemption for those persons employed in a professional educational capacity provided in LSA-R.S. 42:66(B).

I trust that this addresses your concerns. Please contact this office should your request further assistance.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

B
(.CARLOS M.’{=iNALET, III ~..
Assistant Attorney General

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DEPARTMENT OF JUSTICE

RICHARD P. IEYOUB
P.O. Box 94005
ATTORNEY GENERAL
Margl~8~4t’,°~5996
TEL: (504) 342-7013
FAX: (504) 342-7335

OPINION 96-90

Mr. Clyde Taylor
OPINION 96-90
78 OFFICERS-Dual Officeholding
520 First Street
LSA-R.S. 42:61, et seo. LSA-R.S. 42:62(9);
Norco, LA 70079
LSA-R.S. 42:63D
Statutes permit holding office of justice of the peace and the appointive office of deputy sheriff if the later position
Dear Mr. Taylor: is held on a part-time basis.

In response to your inquiry of recent date, note that it is impermissible for you to hold both the local elective office of justice of the peace and the full-time appointive office of deputy sheriff. Please note that the office of justice of the peace and the office of deputy sheriff, under the Louisiana Dual Officeholding Law and Dual Employment Law, LSA-R.S. 42:61, et sea_., fall within separate political subdivisions. See LSA-R.S. 42:62(9). The applicable section of the dual officeholding law relative to your question is contained in LSA-R.S. 42:63D which provides in pertinent part as follows:

D. 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 ..... (Emphasis added).

"Full-time" and "part-time" are defined as follows:

(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 days 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. Clyde Taylor
OPINION 96-90
Page 2

The law permits one to hold local elective office and a part-time appointive office in a political subdivision of the state, as defined by statute.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

KLK:ams

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DEPARTMENT OF JUSTICE

RICHARD P. IEYOU8
P.O. Box 94005
AI~ORN FY GENERAL
TEL: (504) 342-7013
FAX: (504) 342-7335

OPINION 96-356

Honorable Connie G. Moore
78 DUAL OFFICEHOLDING
Justice of the Peace
LSA-R.S. 42:61, et seq.
St. Tammany Parish
A deputy sheriff may not serve as a justice of the peace,
as per advisory ruling of the Judiciary Commission.
P. O. Box 1133
Covington, LA 70434

Dear Ms. Moore:

In response to your inquiry of recent date, we enclose a copy of a ruling recently issued by the Judiciary Commission indicating that a deputy sheriff may not also serve as a justice of the peace.

In response to your second inquiry, the Dual Officeholding and Dual Employment provisions, LSA-R.S. 42:61, et seq., are generally applicable only to the holding of two public offices. Here, a psychologist would hold a position within the private sector, thereby making those provisions inapplicable.

However, we advise you to consult the Judiciary Commission, at the number on the enclosed correspondence for a further advisory ruling.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

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Enclosure

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The Judiciary Commission of Louisiana
RECEIVED
Office of Special Counsel
JUN 3. 7 1996
234 Loyola Avenue - Suite 702
New Orleans, Louisiana
DEPT. OF JUSTICE
70112.2014
Steven Scheckman
(504) 568-8299
Special Counsel
Fax (504) 59%1360

June 14, 1996

Mr. Roland Dartez
Assistant Attorney General
Office of the Attorney General
Post Office Box 94005
Baton Rouge, LA 70804

Mr. Kerry L. Kilpatrick
Office of the Attorney General
Post Office Box 94005
Baton Rouge, LA 70804

Re: Attorney General Opinion #96-90

Dear Messrs. Dartez and Kilpatrick:

I am writing in reference to Attorney General Opinion #96-90, noting same in "The Magistrate," to the effect that "[a] justice of the peace also may serve as an appointed, part-time deputy sheriff."

As I am sure you know, justices of the peace are governed by the Code of Judicial Conduct. See, "Compliance" section of the Code. The Supreme Court Committee on .Judicial Ethics, in Opinion Nos. 95 and 120, has on two occasions held that a justice of the peace may not also be employed by the district attorney’s office. (Attached). The rationale for prohibiting such dual employment as to a sheriff’s office is no different.

The Office of Special Counsel has taken the position that a justice of the peace who is also employed as a deputy sheriff is in violation of the Code of Judicial Conduct and La. Const. Art. 25C. In that regard, in such a case, this Office would recommend to the Judiciary Commission that the Supreme Court remove from office such a dual office holding justice of the peace.

Therefore, I write to you because it appears that Attomey General Opinion #96- 90 is at odds with the opinions of the Supreme Court Committee on Judicial Ethics and the

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June 14, 1996
Page 2

position of this Office. It further appears that if a justice of the peace were to rely upon Attorney General Opinion # 96-90, and simultaneously serve as a deputy sheriff, he or she may be placed at risk before the Judiciary Commission and the Supreme Court.

I would be happy to discuss this matter with you in further detail. Please feel free to contact me at your convenience. Thank you.

Sincerely,

SS/ebs
Attachments

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Page 26

OPINION NO. 95

STATE OF LOUISIANA
301 LOYOLA AV[NU~"

ROOM 109

.W~m @rlz~n.

LINC 621-57~7

November 19, 1991

Dear
You have requested an ethics advisory opinion on whether a Justice of the Peace, who, by agreement of local law enforcement agencies does not handle criminal matters, can maintain employment as an intake warrant officer for the District Attorney’s Office.
The Committee on Judicial Ethics believes that it is not ethically permissible for a Justice of the Peace to relinquish the responsibilities of the office as determined by R.S. 13:2586 (C) which include criminal jurisdiction as committing magistrates and authority to set bail. Further, it is the opinion of the Committee that it is ethically impermissible for you to serve as a justice of the peace and the District Attorney’s Office intake warrant officer as such dual service raises the appearance of impropriety and of a lack of impartiality.

Sincerely,

¯ Collins, Ph.D.
Secretary and Member
Supreme Court Committee on Judicial Ethics

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cc: Chairman and Members, Supreme Court Committee on Judicial Ethics Associate Justices, Supreme Court of Louisiana

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Page 27

OPINION NO. 120

STATE OF LOUISIANA
30! LOYO~.A AVENUE

ROOM 109
gem @rleans
PASCAl. F. CAL.OGERO. JR.

ASSOCIATE JUSTICES
WALTER F" MARCUS. JR
JAMES L. [~)ENNIS

FAX (504~ 568-968’7
August I0, 1994
R[VIUS O. ORTIOU[. JR

Dear Justice of the Peace

The Supreme Court Committee on Judicial Ethics has carefully considered your request for an advisory ethics opinion on whether it is e~hically permissible for a Justice of the peace to also be employed as a clerical employee in the dis~ric~ a~orney°s office. The Commi~tee has unanimously concluded that it is ethically impermissible for a Justice of
he
peace to be employed in the district attorney°s office.

If I can be of any further assistance, please do not hesitate to call on isle.

Sincerely,

Hu&h M. Collins, Ph.D.
Secretary and Member
Supreme Court Committee on Judicial Ethics

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