Could an Erath town employee run for council, then keep his paid job and volunteer fire chief post if elected?

Plain-English summary

Russell Delahoussaye asked whether he could run for Erath town council while working for the town as a paid firefighter and maintenance employee and serving as chief of a nonprofit volunteer fire department. The Attorney General said his non-civil-service status allowed him to run without taking leave or resigning, provided he fulfilled his job duties and campaigned during off-duty hours rather than on official time.

If elected to the council, the opinion said he could not retain his paid job with the same town under the dual-officeholding statute. It said he could continue as volunteer fire chief because that position was not a public office or government employment for the provision considered.

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

Did the town employee have to resign or take leave to run for council?
No. The AG said a non-civil-service employee could run while employed if he performed his job duties and campaigned off duty.

Could he keep his paid town job after election to the town council?
No. The opinion said an elected Erath council member could not simultaneously hold paid employment with Erath.

Could he remain chief of the volunteer fire department after election?
Yes. The AG treated that volunteer chief position as outside the public-office and government-employment restrictions it analyzed.

Background and statutory framework

The opinion applied R.S. 42:63(D), which barred an elected local official from holding employment in the same political subdivision. It distinguished the town's paid firefighter and maintenance position from chief of the separately chartered volunteer fire department. It also drew on prior AG opinions about campaigning by non-civil-service employees and volunteer fire chiefs.

Citations and references

• R.S. 42:63(D) (same-subdivision employment restriction)
• Attorney General Opinions 96-236 and 92-256 (employee candidacy discussed)
• Attorney General Opinions 97-104, 80-1466, and 80-1525 (volunteer chief status discussed)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0178

Original opinion text

DEPARTMENT OF IUSTICE
CIVIL DIVISION
P.O. Box 94005
TEL.: (504) 342-7013
BATON ROUGE
FAX: (504) 342-2090
RICHARD P. IEYOUB
70804-9005
ATTORNEY GENERAL

J UN 0 5 Z00Z
OPINION 02-178

27 - Elections - Candiates, nominations
& eligibility to run
78 - Officers - Dual otfice holding
R.S. 42:61
Mr. Russell J. Delahoussaye
A non-civil =mvic~ employee may run for
Erath Volunteer Fire Dept., Inc.
politlcal olrme wigx~ taking a leave of
209 S. Kibbe
absence from his job; but an elected
Erath, LA. 70533 tho Tom1.

Dear Chief Delahoussaye:

This office is in receipt of your request for an opinion of the Attorney General in regard to you seeking the office of Councilman for the Town of Erath. You indicate you are serving as Fire Chief of the Erath Volunteer Fire Department, which is chartered with the State of Louisiana as a non-profit corporation, and you are also employed by the Town of Erath as a paid firefighter/maintenance, and are presently collecting State supplemental pay.
However, you have stated by telephone that you are not in Civil Service.

You state you would like to run for Councilman in the fall election, and ask whether you have the right to do so while being employed with the Town; and whether you would have to quit your job to run for election, take a leave of absence, or give up your position as Fire Chief?.

If the answer to the these questions are =no", and you are elected and installed as Councilman, you additionally ask whether you would have to quit your job altogether with the Town of Erath, and give up your position as Fire Chief of the Volunteer Fire Department.

In response to your first questions of seeking election while employed by the Town, we would reiterate the conclusions previously reached by this office wherein it was stated that a non-civil service employee may run for political office without taking a leave of absence from his job or resigning as long as he fulfills his job duties, and does not use official time for elections activities. It was declared that he must campaign on off-duty hours. Atty.
Gen. Op. Nos. 96-236, 92-256.

With regard to continuing your employment if elected, we must consider the dual officeholding statutes which, in accordance with R.S. 42:61, are to implement a policy which will serve to maintain a high level of trust and confidence by the citizens in public

Page 2

Chief Russell J. Delahoussaye
OPINION 02-178
Page 2

officials and employees and governmental decisions. Specifically pertinent to your inquiry is R.S. 42:63(D) which sets forth the following prohibition:

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 emDIoyment 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 of employment with any sheriff, assessor, or clerk of court. (Emphasis added.)

Accordingly, as an elected councilman for the Town of Erath you could not at the same time hold employment with the Town as a paid firefighter/maintenance position.

However, we find that you could hold the posRion as Chief with the Volunteer Fire Department. This office has stated that =the position of fire chief of a volunteer fire department is not a public office or employment, and the prohibition of dual office holding is not applicable’. Atty. Gen. Op. Nos. 97-104, 80-1466, 80-1525. Itwas stated in Atty. Gen. Op. 97-104, =Since the fire chief is a volunteer, is not salaried or paid on a per diem basis, and is not an appointee since not selected by a public official or governmental body of such officials, we conclude there is no violations of dual officehoiding provisions or R.S. 42:64."

We hope this sufficiently answers your concerns.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BARBARAB. RUTLEDGE
Assistant Attorney General
RPI/bbr