Could a full-time Louisiana police jury worker also take a part-time legislative assistant job?

Plain-English summary

A legislator asked whether a person employed full time as a police jury maintenance crew worker could also work part time as a legislative assistant. In Opinion 03-0002, the Louisiana Attorney General answered yes for those positions as described. He quoted the part of La. R.S. 42:63 that barred a person holding full-time public employment or a full-time appointive office from simultaneously holding another full-time public employment or full-time appointive office. Because the legislative assistant position in the request was part time, he found no violation of that provision.

The opinion's answer depended on the second job being part time. It did not analyze a full-time legislative assistant position or other possible restrictions on public employment.

Currency note

This opinion was issued in 2003. 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.

What the opinion meant at issuance

Police jury employees

The AG treated the full-time maintenance crew position as compatible with the particular part-time legislative assistant position described in the request. His conclusion followed from the quoted rule's focus on holding two full-time public positions simultaneously.

Legislators and public employers

The answer addressed one proposed combination of jobs. The opinion did not determine whether a different assistant position was part time or examine any separate employment rule.

Common questions

Q: Did the AG say a police jury maintenance worker could also be a legislative assistant?
A: Yes, when the maintenance job was full time and the legislative assistant job was part time as described to the AG.

Q: Why did the dual-office-holding statute allow that combination?
A: The opinion quoted a prohibition on simultaneously holding two full-time public positions. The proposed legislative assistant work was part time, so the AG found no violation of La. R.S. 42:63.

Q: Did this opinion approve two full-time public jobs?
A: No. The question and answer concerned one full-time job and one part-time job. The provision the AG quoted addressed two full-time positions.

Background and statutory framework

The request came from State Representative John Smith. It identified a full-time maintenance crew worker for a police jury and a part-time legislative assistant. The opinion quoted La. R.S. 42:63 and applied it directly to that combination. The PDF extract displays the opinion number and a partly illegible January date stamp, so an exact issue date is not assigned here.

Citations and references

Authority in the opinion: La. R.S. 42:63 (dual office holding and public employment).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0002

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

~t~te o~ ~oui~i~n~
One American Place
301 Ma~n Street, Suite 600
DEPARTMENT OF JUSTICE
P.O. Box 94005
CIVIL DIVISION
TEL.: (504) 342-7013
BATON ROUGE
FAX: (504) 342-2090

RICHARD P. IEYOUB
70804-9095
ATTORNEY GENERAL

JAN ,~1
Opinion Number 03-0002

78 OFFICERS - Dual Office Holding Louisiana R.S. 42:63
Mr. John Smith
Because the position of legislative assistant is part-time
State Representative, District 30 employment in this case, it would be permissible to hold
611-B South 5th Street
both this position and at the same time the position of
maintenance crew worker for a police jury on a full-time Leesville, Louisiana 71446 basis, as there would be no violation of La. R.S. 42:63.

Dear Mr. Smith:

Please be advised that our office is in receipt of your opinion request, which has been assigned to me for research and reply. Specifically, your request asks whether a full-time maintenance crew worker for a police jury can also serve as a part-time legislative assistant.

Louisiana R.S 42:63 sets forth the law with regard to Dual Office Holding in this state. Pertinent to your inquiry, this law 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.

Because the position of legislative assistant is part-time employment in this case, it would be permissible to hold both this position and at the same time the position of maintenance crew worker for a police jury on a full-time basis, as there would be no violation of La. R.S. 42:63.

Mr. John Smith
Opinion No. 03-0002
Page 2

I hope this opinion has sufficiently answered your inquiry. If you have any further
questions, please do not hesitate to contact our office.

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

~’IR(~IA ~ "CORAL
Assistant Attorney General

RPINLC/crt