Could a Kisatchie-Delta planning district employee serve on the Rapides Parish School Board?

Plain-English summary

A Kisatchie-Delta Regional Planning and Development District employee asked whether that job would prevent a run for the Rapides Parish School Board. The AG said employment did not prevent seeking election. It then concluded that a school board member could continue full-time work for the planning district because the two bodies were separate political subdivisions. The dual officeholding provision at issue restricted simultaneous public employment in the same political subdivision as the elected office.

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 employee seek election to the school board?
Yes. The opinion said the planning district employment did not bar seeking elective office.

Could the employee keep the full-time job after election?
The AG said yes for this arrangement because the planning district and school board were separate political subdivisions.

What distinction controlled the answer?
The opinion applied the same-political-subdivision restriction in LSA-R.S. 42:63(D).

Background and statutory framework

The AG classified the school board position as elective office and both entities as political subdivisions under LSA-R.S. 42:62(9). It then applied LSA-R.S. 42:63(D) to their separation.

Citations and references

• The provisions and authorities discussed appear in the reproduced opinion below.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0086

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
ATTORNEY GENERAL

SEP 2 7 2002
OPINION 02-0086

Ms. Heather Smoak Urena
78 - Officers - Dual Officeholding
Economic Development Specialist
The Kisatchie-Delta Regional Planning and
Development District is a separate political Kisatchie-Delta Regional Planning subdivision from the Rapides Parish School
& Development District, Inc.
Board, and therefore, there is no dual
1611 Arnold Drive, First Floor
officeholding violation when a school Board
member serves as a full-time employee of Alexandria, LA 71303 the planning district.

Dear Ms. Urena:

You have written this office and requested an opinion whether employment as an Economic Development Specialist with the Kisatchie-Delta Regional Planning and Development District, Inc., (hereinafter referred to as Kisatchie-Delta), would prohibit one from seeking election to the Rapides Parish School Board.

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

Do 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.

The position of school board member is considered an elective office under state law. LSA-R.S. 42:62. The Kisatchie-Delta Regional Planning and Development District, Inc., and its board is a political subdivision for purposes of the dual officeholding laws, as per LSA-R.S. 42:62(9) which provides:

(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

Page 2

Ms. Heather Smoak Urena
OPINION 02-0086
Page 2

functions. In addition for the purposes of this Part, mayor’s 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.

The Rapides Parish School Board is also considered a political subdivision of the State. (LSA-R.S. 42:62(9)).

Employment with Kisatchie-Delta would not prohibit an individual from seeking an elective office. LSA-R.S. 42:63(D) restricts full time employment, however, within the same political subdivision when simultaneously holding an elective office.

It is the opinion of this office that since these two entities are not in the same political subdivision, a local school board member may serve as a full-time employee of the Kisatchie-Delta Regional Planning and Development District, Inc.

I trust this addresses the concerns presented in your opinion request. Please feel free to contact this office in the future should you require further information or assistance.

Yours very truly,

RICHARD P. IEYOUB
RAL

ANGLE1ROGER,S.LAPLACE
Assist&~ Attorney General

RPI/ARL:dsc