Could a Caldwell Parish detention officer work part-time on sheriff's patrol after a full workweek?

Plain-English summary

The Caldwell Parish sheriff asked whether detention-center correctional officers could work on patrol and in the radio room in addition to their initial forty hours at the detention center. The Attorney General understood that the officers were paid through the sheriff's department and were not classified civil-service employees. It said they could also work part-time as deputy sheriffs, subject to the statutory requirements for deputy employment.

The AG reasoned that the dual-officeholding restriction it quoted covered two full-time positions; the proposed deputy work was part-time. It also said a part-time deputy did not qualify for the extra state compensation available to qualifying full-time deputies with enforcement duties.

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 a full-time detention officer take part-time deputy shifts?
Under the facts the sheriff supplied, the AG said yes, if the officer met the requirements for deputy employment.

Did the AG treat this as prohibited dual officeholding?
No. It said the cited restriction concerned two full-time positions, while the additional deputy role was part-time.

Would the part-time deputy shifts bring extra state compensation?
The opinion said no. It described that payment as requiring full-time deputy employment and enforcement rather than purely clerical duties.

Background and statutory framework

The opinion addressed Caldwell Parish detention officers paid by the sheriff's department. It cited La. R.S. 42:63 (E) on simultaneous full-time positions, La. R.S. 33:2218.8 on supplemental compensation, and La. R. S. 33:1432.1 on deputy employment requirements. The available extract's date line is damaged, so this record leaves the exact issue date blank.

Citations and references

• La. R.S. 42:63 (E)
• La. R.S. 33:2218.8
• La. R. S. 33:1432.1

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0218

Original opinion text

DEPARTMENT OF IUSTICE

OFFICE OF THE ATTORNEY GENERAL
430 FANNIN ST
RICHARD P. IEYOUB
ROOM 309
ATTORNEY GENERAL
TELEPHONE: (318) 227-3790
71 I01-5537
FAX: (318) 226-7144

~IG 2 0 Z00Z
OPINION NO. 02-0218
107-SHERIFFS - Constables and marshals, including Ex-Officio Tax Collectors, rights, powers & duties, in general

LSA-Const. Art. 10 § 1 et seq.
LSA-Const. Art. 10 § 22
Steven E. May
LSA-R.S. 42:61 et seq.
Sheriff & Ex-Officio Tax Collector
LSA-R.S. 42:63(E)
LSA-R.S. 33:2218.8
Caldwell Parish
LSA-R.S. 33:1432.1
P. O. Box 60 - Main Street
Detention center correctional officers who are paid
Columbia, Louisiana 71418
by the sheriffs department may also work part-time
as deputy sheriffs if they meet the requirements set out m La. R.S. 33:1432.1.
Dear Sheriff May:

Your request for an Attorney General’s opinion has been forwarded to me for research and reply. Specifically, you ask:

Whether a correctional officer paid by your detention center can be allowed to work on patrol and in the radio room in addition to the initial 40 hours worked at the detention center?

After discussing your request with you it appears that detention center correctional officers are paid through the sheriffs department and are not classified as employees in the Civil Service; therefore, they are not subject to Municipal Fire and Police Civil Service regulations. See LSA-Const. Art. 10 § 1 et seq.

Also, the additional employment of detention center officers is not dual office holding which is proscribed by LSA-Const. Art. 10 § 22 and La. R.S. 42:61 et seq. Specifically, La. R.S.
42:63 (E) states:

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.

In your situation as long as at least one of the positions is part-time, there is no dual office holding.

Page 2

Steven E. May, Sheriff
OPINION NO. 02-0218
Page - 2 -

In addition, note that any deputy sheriff hired on a part-time basis is not entitled to extra state compensation as described in La. R.S. 33:2218.8. Prior to receiving this extra compensation a deputy must be employed on a full-time basis and must have enforcement and not purely clerical/nonenforcement duties. Also, the requirements for employment as a deputy sheriff as set out in La. R. S. 33:1432.1 must be met.

In summary, with regard to the facts you have given and the restrictions given above, detention center correctional officers can also work part-time as deputy sheriffs.

We trust this answers your question. However, if you should need anything further do not hesitate to contact this office.

Very truly yours,

RICHARD P. IEYOUB
ASSISTANT ATTORNEY GENERAL

BY:
FRANCES J. PITMAN
ASSISTANT ATTORNEY GENERAL

RPI:FJP:sc