Could a Sabine River Authority board member keep a school teaching job?

Plain-English summary

A state senator asked whether service on the Sabine River Authority board could be combined with school teaching. The AG said the dual officeholding and employment provisions did not prohibit the arrangement because the authority board seat was part time. It noted that the prohibition it discussed concerned holding both positions full time. The opinion included a footnote quoting the statutory definitions of full-time and part-time work.

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 a board member continue teaching school?
The AG said yes for the arrangement described because the authority board seat was part time.

Why did the part-time classification matter?
The opinion said the simultaneous-position prohibition it considered applied if both positions were full time.

Background and statutory framework

The AG cited R.S. 42:63(E) and the full-time and part-time definitions in R.S. 42:62(4) and (5). It did not address a different full-time authority position.

Citations and references

• The provisions 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/02-0097

Original opinion text

DEPARTMENT OF JUSTICE
P.O. Box 94005
RICHARD P. IEYOUB
TEL: (504) 342-7013
ATTORNEY GENERAL
70804-9005
FAX: (.504) 342-7335
~AR I ~ 2002
OPINION 02-0097

Honorable Mike Smith
78 DUAL OFFICEHOLDING
Senator
R.S. 42:62(4) and (5)
P. O. Box 1382
Commissioner of the Sabine River authority may continue to be
employed as a teacher without violation of state law.
Winnfield, LA 71483

Dear Senator Smith:

You have asked this office to determine whether one may serve as board member of the Sabine River Authority and continue to teach school.

The Dual Officeholding and Dual Employment Laws do not prohibit this arrangement, where one of the positions is held on a part-time basis. The law prohibits the simultaneous holding of these positions if both are full-time. See R.S. 42:63(E). Members of the Sabine River Authority hold part-time appointive offices1, thus, the prohibition is inapplicable.

Should you have further questions, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

ASSIIITANT ATTORNEf GENERAL

KLK:ams

~ R.S. 42:62(4) and (5) define full-time and part-time as:
"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 hours per day of work and at least thirty-five hours per week of work. "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.