Could a fire district's assistant chief also serve on the board that employed him?

Plain-English summary

An assistant district fire chief also held an appointed seat on the governing board of the fire district that employed him. In Opinion 03-0187, the AG concluded that he could not keep both positions.

The AG treated one role as district employment and the other as a part-time appointive office. It applied the incompatibility provisions of R.S. 42:64, including rules concerning one position taking orders from another, budget or account oversight, and handling funds between positions. The letter acknowledged that R.S. 40:1498 allowed a board secretary or treasurer to receive extra compensation, but said that allowance did not create an exception for the assistant chief's employment and board membership.

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

Assistant fire chief

The AG said the combination of district employment and a seat on the employing board violated the cited incompatibility rules. It concluded that the person had to resign from one of the two positions.

Fire district board

The opinion distinguished payment to a board member who served as secretary or treasurer from employment as assistant district chief. The statutory permission for additional board compensation did not authorize the combination presented.

Common questions

Q: Could the district's assistant chief sit on the board that employed him? A: No. The AG found the two positions incompatible under R.S. 42:64.

Q: Did the secretary-treasurer compensation statute allow this arrangement? A: No. The opinion said R.S. 40:1498 permitted that board compensation, but provided no comparable exception for the assistant chief.

Q: What did the AG say the person had to do?
A: Resign from either the district job or the board seat.

Background and statutory framework

The requester described simultaneous employment as Assistant District Chief and appointment to the fire district board. The AG quoted incompatibility conditions in R.S. 42:64 and the board-compensation language of R.S. 40:1498. Its conclusion addressed this combination of positions.

Citations and references

Statutes quoted: R.S. 42:64; R.S. 40:1498.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0187

Original opinion text

of
DEPARTMENT OF JUSTICE
One American Place
CIVIL DIVISION
301 Main Street, Suite 600
P.O. Box 9400S
BATON ROUGE
TEL.: (22S) 342-7013
RICHARD P. IE¥OUB
ATTORNEY GENERAL
70804-9005
FAX: (225) 342-2090

July 15, 2003
OPINION 03-0187

      Mr. Jimmy Solar                       78       DUAL OFFICEHOLDING

37 Rachel Lane
R.S. 42:64, R.S. 40:1498
Assistant fire chief may not serve as board member of the fire district Many, LA 71449 board which employs him.

Dear Mr. Solar:

In recent correspondence to this office you advise that you are employed as the Assistant District Chief of your fire district, and you also simultaneously serve as appointee to the fire district board. The law prohibits the concurrent holding of these positions.

You hold a position of employment with the fire protection district. You also hold part- time appointive office as member of the board who employs you. These facts invoke application of the incompatibility provisions of R.S. 42:64 of the Louisiana Dual Officeholding and Dual Employment Laws, specifically providing:

A. In addition to the prohibitions otherwise provided in this Part, no other offices or employments shall be held by the same person in combination if any of the following conditions are found to pertain and these prohibitions shall exist whether or not the person affected by the prohibition exercises power in conjunction with other officers.

(4) The incumbent of one office, whether or not in conjunction with fellow officers, or employment is required by law to execute orders and follow directions given by the incumbent of the other office or employment.

(5) One office, whether or not in conjunction with fellow officers, or employment is charged with auditing the accounts of or approving the budget of the other position.

(6) Funds received by one office or employment are deposited with or turned over to the other office or position.

Page 2

Mr. Jimmy Solar
OPINION 03-0187
Page 2

We acknowledge that the secretary-treasurer of the board, who is also a member of the board, is compensated for his office. The law specifically permits such compensation, as R.S. 40:1498 provides:

§1498. Compensation of board members

A. Members of the governing boards of fire protection districts, including members of police juries serving ex officio, may be paid a per diem of thirty dollars for attending meetings of the board, not to exceed two meetings in any one calendar month, and may be reimbursed any expenses incurred in performing the duties imposed upon them by virtue of their serving as members. The amounts paid by virtue of this Section shall be paid from funds of the respective fire protection districts. Per diem payments under this Section to members of police juries serving ex officio as members of the governing boards of fire protection districts shall be in addition to per diem paid them as members of the police juries.

If a member is elected secretary or treasurer or secretary-treasurer of the board, he may be compensated additionally for such office.

A similar exception in the law does not exist applicable to your situation. Dual office- holding provisions require you to resign from one of the two positions.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL-

BY:

ASSISTANT ATTORNEY GENERAL

KLK:ams