Could a Baldwin police officer serve on the council of a neighboring Louisiana town?

Plain-English summary

Baldwin's police chief asked whether one of the town's officers could also be elected to the council of a neighboring municipality. The Attorney General said Louisiana's dual-officeholding statutes did not prohibit the combination described. The statute it applied barred local elective office and employment in the same political subdivision, while these positions were in separate municipalities.

The opinion added a charter qualification. The neighboring municipality had a home rule charter, and the AG suggested reviewing it for a prohibition on simultaneously holding another municipal position. State law did not override a home rule charter's prohibition on the arrangement.

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 Louisiana state law bar a Baldwin officer from joining another town's council?
The AG said no, because the police employment and council seat were in different political subdivisions.

Would the answer be the same if both positions were in one town?
The opinion quoted R.S. 42:63(D) as barring local elective office and employment in the same political subdivision. Its actual question concerned separate towns.

Could the council town's charter still bar the combination?
Yes. The AG said a home rule charter prohibition would control and advised review of that charter.

Background and statutory framework

The opinion applied the state's Dual Officeholding and Dual Employment Laws. R.S. 42:63(D) supplied the same-political-subdivision restriction. R.S. 42:66(D) preserved prohibitions in municipal home rule charters, so the AG's state-law answer depended on whether the council town's charter barred another municipal position. The year is indicated by the opinion number, but the date line in the available extract does not show a complete date.

Citations and references

• R.S. 42:63(D)
• R.S. 42:66(D)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0206

Original opinion text

DEPARTMENT OF .IUSTICE
P.O. Box 94005
RICHARD P. IEYOUB
TEL: (504) 342-7013
ATTORNEY GENERAL
70804-9005
FAX: (504) 342-7335
JUN 1 0
OPINION 02-0206

Mr. Gerald Minor 78 Dual Officeholding
Chief of Police
R.S. 42:61, et seq., R.S. 42:63(D), R.S. 42:66(D)
P. O. Box 767
In the absence of a specific provision in a municipal home rule
Baldwin, LA 70514
charter, which prohibits a municipal councilman from holding
additional municipal employment, no state provision prohibits the arrangement.
Dear Chief Minor:

You advise this office that a police officer for the Town of Baldwin desires to hold the local elective office of councilman in a "neighboring municipality". You request our opinion concerning the legality of this arrangement.

The state Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq., do not prohibit one from holding local elective office and employment in a separate political subdivision of the state. Rather, R.S. 42:63(D) prohibits a person from holding elective office in a political subdivision of the state and holding "at the same time employment .... in the same political subdivision in which he holds elective office". Since these positions fall within two different municipalities, the prohibition of law becomes inapplicable.

However, you advise that the elective office of councilman falls within a municipality governed by a home rule charter. We suggest that the provisions of the municipal home rule charter be reviewed to determine whether there are provisions which prohibit an elected official from simultaneously holding another municipal office. Such a provision would be controlling, as R.S. 42:66(D) states:

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.

We hope the foregoing is helpful to you. Should you have other questions, please contact this office.

Very truly yours,

RICHARD P. IEYOUB "

"KERI~Y L./~L#ATRICK ~
ASStSTAI~T ATTORNEY GENERAL
KLK:ams