Could a Nicholls State University recreation director also serve on the Lafourche Parish Council?

Plain-English summary

A full-time, unclassified Director of Campus Recreation at Nicholls State University asked whether he could also hold the elected office of Lafourche Parish Councilman. In Opinion 03-0197, the AG concluded that he could hold both positions under the professional-education exception.

The opinion said R.S. 42:63(D) ordinarily barred the combination of local elected office and state employment. R.S. 42:66(B), however, allowed a person employed in a professional educational capacity at an educational institution to hold elective office. The requester said his university duties would include teaching classes in the upcoming fall semester. The AG treated that fact as placing him within the exception.

Currency note

This opinion is dated June 2, 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

University employee

The AG allowed the two positions because the requester's responsibilities included upcoming teaching classes at Nicholls State. Its conclusion turned on that professional educational capacity, not on his university employment alone.

Parish council and university officials

The opinion recognized the usual restriction on local elected officials holding state employment, then applied the specific education exception to the described job. It did not classify every campus recreation position as educational employment.

Common questions

Q: Did state employment ordinarily conflict with a parish council seat?
A: Yes. The AG said R.S. 42:63(D) would generally prohibit the combination.

Q: Why did the Nicholls State employee qualify for an exception?
A: He told the AG he would teach classes in the coming fall, and the AG considered that a professional educational capacity under R.S. 42:66(B).

Q: Did the AG approve every university recreation director for a local elected office?
A: No. The opinion applied the exception to this employee's described teaching responsibilities.

Background and statutory framework

The requester held full-time unclassified employment as Nicholls State's Director of Campus Recreation and proposed to serve as a Lafourche Parish councilman. The AG contrasted the dual-officeholding restriction in R.S. 42:63(D) with the professional-education exception in R.S. 42:66(B).

Citations and references

Statutes quoted or cited: R.S. 42:63(D); R.S. 42:66(B).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0197

Original opinion text

DEPARTMENT OF )USTICE
One American Place
301 Main Street, Suite 600
CIVIl DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (225) 342-7013
RICHARD P. IEYOUB
FAX: (225) 342-2090
70804-9005
ATTORNEY GENERAL

JUN 2 2003
OPINION 03-0197

Mr. Michael Matheme
Nicholls State University 78 DUAL OFFICEHOLDING
R.S. 42:63(D); R.S. 42:66(B)
P. O. Box 2701
Individual employed in a professional education capacity at
Thibodaux, LA 70310
a state university may also hold local elective office of
councilman.
Dear Mr. Matherne:

You ask this office if the law permits you to hold the elected local office of Lafourche Parish Councilman while continuing in your full-time unclassified employment as Director of Campus Recreation at Nicholls State University.

While R.S. 42:63(D)1 of the Louisiana Dual Officeholding and Dual Employment Laws would prohibit one from holding local elective office and employment in the government of the state, there exists in the law an exemption applicable in your situation. R.S.
42:66(B) permits one to hold both local elective office and employment in a professional educational capacity with a university. R.S. 42:66(B) states:

B. Nothing in this Part shall be construed to prevent a school teacher or person employed in a professional educational capacity in a grade school, high school, other educational institution, and parish or city school board from holding at the same time an elective or appointive office.

You advise us that your responsibilities include teaching classes beginning in the upcoming fall semester at the university. We consider this circumstance to place you within the category of those employed in a professional educational capacity. Because the exemption is applicable, you may hold these positions concurrently.

¯ Very truly yours,

RICHARD P. IEYOUB

KLK:ams

1
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 govemment 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. In addition no sheriff, assessor, or clerk of court shall hold any office or employment under a parish goveming 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.