Could a Louisiana constable also hold an elected parish council seat?

Plain-English summary

Plain Dealing's mayor asked about concurrent elected local offices. The AG said Louisiana's dual officeholding law prohibited one person from holding the elected offices of constable and parish councilman at the same time. It then described an exception for municipal or parochial offices specifically authorized by a legislative or home-rule charter. Plain Dealing operated under a special legislative charter. The AG said the statutory prohibition would control unless that charter specifically permitted the concurrent offices; the opinion did not determine that the charter contained such permission.

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 someone hold both elected positions without a charter exception?
No. The opinion said R.S. 42:63(D) barred the combination.

Did the AG find that Plain Dealing's charter authorized it?
No. It described what a specific authorizing charter provision would do, then said the general prohibition controlled in its absence.

Background and statutory framework

The opinion quoted R.S. 42:63(D) on simultaneous elective offices in political subdivisions and R.S. 42:66(D) on charter-authorized combinations. It identified Plain Dealing's special legislative charter but did not quote a provision allowing these two seats.

Citations and references

• R.S. 42:63(D), the general prohibition.
• R.S. 42:66(D), the charter exception discussed.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0102

Original opinion text

DEPARTMENT OF IUSTICE
P.O. Box 94005
RICHARD P. IEYOUB
TEL: (504) 342-7013
ATTORNEY GENERAL
FAX: (504) 342-7335
March 19, 2002
OPINION 02-0102

78 DUAL OFFICEHOLDING
Honorable David Smith
R.S. 42:63(D); R.S. 42:66(D)
Mayor
In the absence of a specific provision in the special charter of a
P. O. Box 426
municipality permitting a municipal officer to hold an additional parochial
Plain Dealing, Louisiana 71064
elected office, the prohibition of state law against such concurrent holding
of local offices would be controlling.

Dear Mayor Smith:

In response to your inquiry of recent date, note that the Louisiana Dual Officeholding and Dual Employment Laws, R.S. 42:61 et seq., prohibit one from holding both the elected offices of constable and parish councilman. Such an arrangement is a violation of R.S. 42:63(D), which pertinently provides:

D. No person holding an elective office in a political subdivision of this state shall at the same time hold another elective office .... in the government of a political subdivision thereof.

There is an exemption in the law which may pertain to this matter.
R.S. 42:66(D) provides:

D. Nothing in this Part shall be construed to prohibit a municipal and/or parochial officer or employee from holding another municipal and/or parochial office or employment as specifically authorized by a legislative or home rule charter, nor shall it be construed to authorize a municipal and/or parochial officer or employee to hold another municipal and/or parochial office or employment when prohibited by a home rule charter.

As you know, the Town of Plain Dealing operates under a special legislative charter pursuant to the authority of Act 49 of 1882. If the charter specifically permits the concurrent holding of municipal elected office and parochial elected office, then the prohibition of R.S. 42:63(D) would become inapplicable. In the absence of such a provision, the prohibition quoted above would prove controlling.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

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