Could a Terrebonne Parish council member work for a nonprofit that sought parish funding?

Plain-English summary

A Terrebonne Parish council member asked whether he could accept employment with Work Connection, Inc., a nonprofit providing employment and training services. The Attorney General said the nonprofit job did not itself violate R.S. 42:63(D), because the position was outside state government and the political subdivision in which he held office.

The AG then applied R.S. 42:64's rule on incompatible positions. It concluded that the council seat and nonprofit employment could not be held together if Work Connection sought or received parish funds. The opinion distinguished the location of the job from the funding relationship that made the positions incompatible.

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 employment with Work Connection automatically violate the same-government job restriction?
No. The AG said R.S. 42:63 did not bar this particular job because the nonprofit employment was not in the state government or the political subdivision in which the council member held office.

Why did the AG still find the positions incompatible?
The AG applied R.S. 42:64 to the funding connection. It concluded that employment with the corporation would be incompatible with the council seat if the corporation sought parish funds.

Would a different position at Work Connection change the AG's answer?
The opinion said the potential incompatibility remained even if the job was other than executive director, because it turned on parish funds going to the corporation employing the council member.

Background and statutory framework

The council member described Work Connection as a nonprofit serving three parishes through employment and training programs. The AG quoted R.S. 42:63(D)'s restrictions on elected officials holding other government positions and R.S. 42:64's restrictions on incompatible offices or employment. It relied on the corporation's ability to seek money from the parish and compared a prior opinion involving a council member employed by another nonprofit.

Citations and references

• R.S. 42:63(D)
• R.S. 42:64

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0272

Original opinion text

~tat~ of ~oui~iana
DEPARTMENT OF )USTICE
CIVIL DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (S04) 342-7013
RICHARD P. IEYOUB
FAX: (504) 342-2090
ATTORNEY GENERAL
70804-9005

NOV 0 7 2002
78 - Ofl’w.ers - Dual Office Holding
OPINION 02-272
R.S. 42: 63, 42:64

Employment of an elected official by a corporation which solicits or receives funds from me governing authority where the o~..iai serves
Mr. Wayne Thibodeaux
would violate the dual officeholding
Terrebonne Parish Council
statute as incompatible positions.

P.O. Box 2768
Houma, LA 70361

Dear Mr. Thibodeaux:

This off’~,~ is in receipt of your r~ for an opinkm of the Attorney General in regard to dual officeholding. You indicate you are a parish council member in Terrebonne Parish and considered a part-tim~electad official. A job vacancy for Executive Director of the Work Connection, Inc. has been announced. You point out that Work Connection, Inc. is a public not for profit legal, cor~ that administers employment and training services through the Workforce Investment Act (WIA), whose governing authority is a five member Board of Directors that has announced the vacancy. You further stated that the Corporation services the parishes of Assumption, Lafourche, and Terrebonne, and the five member Board are appointed by the parish presidents of the serviced area, with the agency receiving Title I funds from the LAAT Workforce Investment Board, Inc.

You set forth the following questions:

1. If offered, may I accept employment as Executive Director of the Work Connection and continue in my elected position as Terrebonne Parish Council member without violating any state laws?

2. May I accept employment w~th the Work Connection while continuing to hold elected office in Terrebonne Parish?

3. Are there any state laws which would prohibit me from accepting employment with the Work Connection, Inc.?

Pertinent to your inquiry are the provisions of Title 42 of the Revised Statutes, Public Officers and Employees, Chapter 2, Part III, Dual Officeholding and Dual Employment.
Therein R.S. 42:63(D) provides in part as follows:

Page 2

Mr. Wayne Thibodeaux
OPINION 02-272
Page 2

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 employment in the govemment of this state, or in the same political subdivision in which he holds an elective office.

We do not find under the circumstances herein that the provisions of R.S 42:63 are applicable to establish a violation of dual officeholding by the employment in question insofar as the employment at issue is not in the government of this state or the political subdivision in which you hold elective office.

However, we further note that R.S. 42:64, =Incompatible Offices", sets forth, that in addition to the prohibitions otherwise provided, that other offices or employment shall not be held by the same person as being incompatible offices when the incumbent of one of the offices, whether or not in conjunction with fellow officers =has the power to appoint or remove the incumbent of the other’, =receives the oath and/or bond of the incumbent of the other’, "is charged by law with instituting actions for penalties against the incumbent of the other office", =is required by law to execute orders and follow directions given by the incumbent of the other office", =is charged with auditing the accounts of or approving the budget of the other position" or =funds received by one office or employment are deposited with or turned over to the other office of position."

While we do not find that the provisions of R.S. 42:63 would be applicable to your situation so as to prohibit the employment in question inasmuch as the employment is in no way connected or controlled by the political subdivision wherein you hold elective office, we find concern with the prohibition of employment where funds by one office or employment are being turned over to the other.

In this regard we find, while the Work Connection is funded by the Federal Government, the local boards are to develop a budget for carrying out its duties, and it =may solicit and accept grants and donations from sources other than Federal funds made available under this Act." This presents the problem of the possibility of a conflict by the Parish Council being solicited or giving money to the local board.

In Atty. Gen. Op. 02-156 this office was asked whether a member of the Hammond City Council could hold the position of Executive Director of a private, non-profit transportation brokerage firm. VVhile this office found there was =no possible violation of the dual officeholding or dual employment prohibition found in L.A.-R.S. 42:63(D) since the non- profit corporation was not part of a political subdivision, it was found that R.S. 42:64(A)(6) was applicable as an incompatible office wherein =funds received by one office or

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Mr. Wayne Thibodeaux
OPINION 02-272
Page 3

employment are deposited with or turned over to the other office or position." It was noted that the corporation was a parish entity which received approximately 90% of its proceeds fr6m the federal government with the balance from contributions and donations. This office then concluded if the City Council either transfers or donates funds to the corporation while a city councilman holds employment with the organization as its executive director, such arrangement would constitute incompatible offices. The opinion observed, "The city council would be allocating monies to an organization run by a member of the city council, and such factual circumstances would violate the dual officeholding law."

Although you have indicated by telephone conversation that the employment may be other than Executive Director, we would still find a violation of the dual officeholding statute of incompatible offices since funds of the Parish are turned over to the Corporation that employs you. This office concluded in Atty. Gen. Op. 92-187 that a member of the police jury should not also be a salaried position with a community service action program that is funded in part with funds from the police jury.

Accordingly, we find employment at Work Connection, Inc. while you serve as a Terrebonne Parish Council member would violate state law as incompatible positions insofar as funds are sought by the Corporation from the Parish. Therefore, you could not continue in your elected position as a member of the Terrebonne Parish Council after accepting such employment if funds are sought by the corporation from the Parish.

We hope this sufficiently answers your inquiry.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BARBARA B. RUTLEDGE ~
ASSISTANT ATTORNEY GENERAL

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