Could Iberville Parish’s full-time public works director also become mayor of Maringouin?

Plain-English summary

Iberville Parish’s full-time director of public works asked whether he could keep that position if elected mayor of Maringouin. The AG said the dual officeholding law barred simultaneous elected local office and full-time appointive office. It identified the director job as an appointive office created by the Iberville Parish Home Rule Charter and concluded the two positions could not be held together.

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 director remain in the parish job after election as mayor?
No. The AG said the full-time appointive office and elected mayoral office were a prohibited combination.

Why was the director job treated as an appointive office?
The opinion cited the parish charter, which created the department directorship and called it an appointive office.

Background and statutory framework

The opinion applied R.S. 42:63(D) and the appointive-office definition in R.S. 42:62(2), together with the Iberville Parish Home Rule Charter provisions quoted in the text.

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/02-0110

Original opinion text

P.O. Box 94005
RICHARD P. iEYOUB
TEL: (504) 342-7013
ATI’ORN EY GENERAL
70804-9005
FAX: (504) 342-7335
April 4, 2002
OPINION 02-0]

78 DUAL OFFICEHOLDING
Mr. John Overton
R.S. 42:63(D); R.S. 42:62(2)
Individual who holds appointive office pursuant to the provisions of a parish
P. O. Box 624
home rule charter may not concurrently hold elected municipal office.
Maringouin, LA 70757

Dear Mr. Overton:

You have recently requested this office to determine whether or not you may legally continue to serve in the full-time appointed office of the Director of the Department of Public Works if you are elected Mayor of the Town of Maringouin.

The Dual Officeholding and Dual Employment laws prohibit one from holding elective office and a full-time appointive office in a political subdivision of the state. 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 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. (Emphasis added).

An appointive office for purposes of dual officeholding is defined by R.S. 42:62(2) as:

(2) "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 pubic official or by a governmental body composed of such officials of this state or of a political subdivision thereof.

Page 2

Mr. John Overton
OPINION 02-0110
Page 2

The office of the Director of the Department of Public Works is created by the terms of the Iberville Parish Home Rule Charter at Section 4-08. Section 4-01(B) of the charter characterizes the position as an "appointive office" and provides:

B. Except as provided in Section 8-09 "schedule of transition," directors of all departments created by or under this Charter shall be appointed by the President, subject to Council approval, and shall serve at the pleasure of the President.

Thus, it is the opinion of this office that you may not hold both positions if you are elected mayor of the Town of Maringuoin. Should you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

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