Could Hammond's city court clerk also serve on a parish hospital service district board?

Plain-English summary

A Hammond city court judge asked whether the court's clerk could also be appointed to the board of Tangipahoa Parish Hospital Service District No. 1. The Attorney General concluded that Louisiana's dual-officeholding provisions did not prohibit the arrangement described in the request.

Although the parish council appointed the commissioners, the opinion said the district was a political subdivision of the state rather than an entity under parish supervision. It therefore found the restriction on a court clerk holding a position under a parish governing authority inapplicable. It also found that the clerk's full-time appointive office did not conflict with service as a part-time district commissioner under the separate prohibition on two full-time positions.

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 Hammond's city court clerk also sit on this hospital district board?
Yes. For the arrangement presented, the AG found no prohibition in the dual-officeholding provisions it examined.

Did parish appointment make the hospital district a parish agency?
The opinion said no. It described the district as a state political subdivision even though the parish council appointed its commissioners.

Why did the commissioner's work hours matter?
The opinion said the clerk held a full-time appointive office but the commissioner served part-time, so the provision against simultaneously holding another full-time office did not apply.

Background and statutory framework

The opinion addressed R.S. 42:63(D) and R.S. 42:63(E). It cited R.S. 46:1053(A) on the parish council's appointment power and R.S. 46:1064(A) on the hospital district's status as a state political subdivision. It also used R.S. 13:1884 and the full-time and part-time definitions in R.S. 42:62(4) and (5). The reproduced original text includes the opinion's four footnotes.

Citations and references

• R.S. 42:63(D) (parish-position restriction addressed by the opinion)
• R.S. 46:1064(A) (hospital district status)
• R.S. 42:63(E) (restriction on two full-time positions)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0148

Original opinion text

~t~t~ o~ ~oui~i~u~
DEPARTMENT OF IUSTICE
P.O. Box 94005
RICHARD P. IEYOUB
TEL: (504) 342-7013
ATTORNEY GENERAL
70804-9005
FAX: (504) 342-7335

May 1,2002
OPINION 02-0148

Honorable Grace Bennett Gassaway
Judge 78 DUAL OFFICEHOLDING
R.S. 42:63(D); R.S. 46:1053(A); R.S. 46:1064(A); R.S. 13:1884; R.S, City Court of Hammond
42:63(E); R.S. 42:62(4) and (5)
303 East Thomas Street
Hammond City Clerk of Court may also hold office as commissioner
Hammond, Louisiana 70401
of the Tangipahoa Parish Hospital Service Distdct No. 1.

Dear Judge Gassaway:

You have asked this office to determine whether the Clerk of Court of the City of the City of Hammond may legally be appointed by the Tangipahoa Parish Council to serve as a member of the Hospital Service District No. 1 of Tangipahoa Parish d/b/a North Oaks Medical Center. We conclude the law does not prohibit this arrangement.

Of concern are the provisions of R.S. 42:63(D) of the Louisiana Dual Officeholding and Dual Employment Laws, which prohibit a clerk of court from holding any office or employment under a parish governing authority.
While the parish council has appointment authority with respect to hospital service district commissioners pursuant to R.S. 46:1053(A)1, the district is not an entity within the supervision and authority of the parish; rather, the hospital service district is a creature of the state. R.S. 46:1064(A) specifically declares that "hospital service districts.., are hereby declared to be political subdivisions of the state..." Thus, the prohibition of R.S. 42:63(D) is inapplicable.

Because the Hammond City Clerk of Court holds full-time appointive office, pursuant to R.S. 13:18842, he is prohibited by R.S. 42:63(E)3 from simultaneously holding another full-time appointive office. However, because a commissioner of the hospital service

1 R.S. 46:1053(A) provides:
A. Any hospital service district formed or created under the provisions of this Chapter shall be governed by a board of five commissioners, hereafter referred to as commission, who shall be qualified voters and residents of the district. The commission shall be appointed by the police jury of the parish. Two of the first commissioners so appointed shall serve for two years, two for four years and one for six years. 2 R.S. 13:1884 provides: Except as otherwise provided by law, the judge of each city court may appoint a clerk for both the civil and criminal sections of the court who shall serve at the pleasure of the judge and until his successor is appointed and qualified. 3 E. No person holding a full-time appointive office or full-time employment in the government of this state or of a political subdivision thereof shall at the same time hold another full-time appointive office or full- time employment in the government of the state of Louisiana, in the government of a political subdivision thereof, or in a combination of these.

Page 2

Honorable Grace Gassaway
OPINION 02-0148
Page 2

district serves on a part-time basis, this prohibition is also inapplicable.
See R.S. 42:62(4) and (5) for the definition of full-time and part-time.’~

In summary, the law does not prohibit the Clerk of Court of the City of Hammond from serving as commissioner of the aforesaid hospital service district.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GEN~ENAL

KLK:ams

4
(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 hours per day of work and at least thirty-five hours per week of work. (5) "Par~-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.