Could a Louisiana constable also serve as a part-time waterworks commissioner?

Plain-English summary

Representative Rick Farrar asked whether a person could serve as an elected constable while holding a part-time appointed seat on a waterworks district commission. In Opinion 03-0168, the Attorney General answered yes under the dual-officeholding rule he examined. R.S. 42:63(D) barred a local elected official from simultaneously holding a full-time appointive office, but the described commission seat was part time.

The opinion's focus was narrow: it resolved the elected-constable and part-time-commissioner combination. It attached two earlier AG opinions involving constables and other part-time district boards, which the letter cited as support.

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

Constables and waterworks commissioners

The AG treated the waterworks commissioner as an appointive office and the constable as a local elected office. Because the appointed seat was part time, he found the cited full-time-office prohibition inapplicable.

Parish appointing authorities

The opinion recognized the waterworks commission seat as an appointed district position under R.S. 33:3813. It did not examine a full-time appointment or other positions held by the same person.

Common questions

Q: Could a constable also be an appointed waterworks commissioner? A: The AG said yes for the part-time commissioner position described in the request.

Q: Why did the dual-officeholding ban not apply?
A: The provision the AG quoted prohibited a local elected official from also holding a full-time appointive office. The waterworks seat was part time.

Q: Did the opinion approve every second job a constable might hold? A: No. It addressed this part-time appointment. Other job combinations could involve different statutory prohibitions or facts.

Background and statutory framework

The opinion quoted R.S. 42:63(D) and noted R.S. 33:3813 for the waterworks district appointment. It relied on Attorney General Opinions 02-387 and 02-312, copies of which accompanied the signed 2003 letter. Those older letters considered part-time district seats held with elected constable offices.

Citations and references

Statutes in the opinion: R.S. 42:63(D) and R.S. 33:3813. Attached earlier opinions: 02-0312 and 02-0387 as printed on their pages.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0168

Original opinion text

DEPARTMENT OF JUSTICE
One American Place
301 Main Street, Suite 600
CIVIL DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (225) 342-7013

RICHARD P. IEYOUB 70804-9005 FAX: (2~) 342-2090 ATTORNEY GENERAL

MAY"O 2003
OPINION 03-0168

Honorable Rick Farrar
78 DUAL OFFICEHOLDING
State Representative
R.S. 42:63(D)
P. O. Box 4196
Part-time water distdct commissioner may hold the local
elective office of constable.
Pineville, LA 71361

Dear Representative Farrar:

You have asked this office to determine whether the law prohibits one from holding the part-time local appointive office of waterworks commissioner1 while serving in the elected office of constable.

The prohibition of law which is of potential concern is applicable only in the instance where one holds local elective office and full-time appointive office, as R.S. 42:63(D) states, in pertinent part:

D. 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 government of this state, or in the same political subdivision in which he holds an elective office .... (Emphasis added).

Because the appointive office of water district commissioner is held on a part-time basis, the prohibition of R.S. 42:63(D) is inapplicable. We conclude both positions may be held concurrently. See Attorney General Opinions 02-387 and 02-312.

Very truly yours,

RICHARD P. IEYOUB
ATTO,I~N EY GENERAL

BY: KERRY L. )I(ILPATR,IGK
AS,91S~ ATTORNEY GENERAL

KLK/ams

water district commissioner holds appointive office pursuant to R.S. 33:3813.

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DEPARTMENT OF JUSTICE
P.O. Box 94005
RICHARD P. IEYOUB
TEL: (504) 342-7013
ATTORNEY GENERAL
70804-9005
FAX: (504) 342-7335
OPINION 02-0312
AUG ~ 1 2002
Mr. Brad Bridges
70342 Kennedy Road
78 DUAL OFFICEHOLDING
Kentwood, LA 70444
R.S. 42:63(D)
Part-time gravity drainage district commissioner may hold local
Dear Mr. Bridges: elective office of constable.

In response to your recent inquiry, note that an individual may hold the local elective office of constable while serving as part-time appointed member of a parish gravity drainage board. The prohibition of law which is of potential concern is applicable only in the instance where one holds local elective office and full-time appointive office, as R.S. 42:63(D) states:

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

Because the appointive office is held on a part-time basis, the prohibition of R.S. 42:63(D) is inapplicable. We conclude that you may hold elective office as constable in Ward One of Tangipahoa Parish while retaining your position as commissioner for the Tangipahoa Parish Gravity Drainage District Number 5.

Should you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY: /KERI~Y L.)k~ILPATRICI~) "’- AS~I’STA~qT AI-I’ORNE’~ GENERAL
KLK:ams

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DEPARTMENT OF JUSTICE
P.O. Box 94005
RICHARD P. IEYOUB
TEL: (504) 342-7013
ATTORNEY GENERAL
FAX: (504) 342-7335

OPINION 02-0387

78 DUAL OFFICEHOLDING
Mr. Ray M. Newton
R.S. 13:2583(B), R.S. 42:63(D), R.S. 42:62 (9)
Elected ward constable may also serve as fire protection district
St. Tammany Fire District 12
commissioner while holding full-time employment with the parish.
115 Northpark Boulevard
Covington, LA 70433

Dear Mr. Newton:

You ask this office if an individual may legally hold the following positions simultaneously: part-time appointed member of the Board of Commissioners for St. Tammany Fire District 12; elected constable; and full-time, non-civil service employee of St. Tammany Padsh. We conclude that Louisiana’s Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq., do not prohibit this arrangement.

The pertinent statutory provision in this matter is R.S. 42:63(D) which states in applicable part:

D. 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 govemment of a political subdivision thereof. No such person shall hold at the same time employment in the government of this state, or in the same political subdivision in which he holds an elective office.

First, this provision does not prohibit a local elected ward official from holding full-time employment except in the same political subdivision in which he serves as an elected officer. As the political subdivision of a constable is the ward from which he is elected, he is barred only from holding another employment in that political subdivision. R.S. 42:62(9) defines political subdivision as follows:

(9) "Political subdivision" means a parish, and any other unit of local govemment, including a school board and a special district, authorized by law to perform govemmental functions. In addition for the purposes of this Part, mayor’s courts, justice of the peace courts, district attomeys, sheriffs, clerks of court, coroners, tax assessors, registrars of voters, and all other elected parochial officials shall be separate political subdivisions.

Page 4

Mr. Ray M. Newton
OPINION 02-0387
Page 2

The political subdivision of a constable is the ward from which he is elected. See R.S. 13:2583(B). The law does not prohibit him from holding employment in the separate political subdivision of the parish.

Second, R.S. 42:63(D) prohibits an elected official from holding full-time appointive office. Since the appointive office of commissioner is held on a part-time basis, the prohibition is inapplicable.

Again, it is the opinion of this office that dual officeholding concerns are not implicated in these circumstances.

Should you have other questions, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:
~--~PATRICK~
ASSISTAN~ATTORNEY GENERAL

KLK:ams