Could an elected Vernon Parish constable also work for the parish police jury?

Plain-English summary

A clerk of court asked whether an elected constable could also be employed by the Vernon Parish Police Jury. In Opinion 03-0203, the AG concluded that the two roles were not barred by the dual-officeholding provision it examined.

R.S. 42:63(D) prohibited a local elected official from being employed by the same political subdivision in which the official held office. The AG identified a constable's political subdivision as the ward from which the constable was elected. The police jury was a parish employer, and the parish was a separate political subdivision. That difference controlled the answer.

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

Elected constable

The AG said the constable could hold the Vernon Parish Police Jury job under the cited dual-officeholding rule because it was not employment by the ward in which he held office.

Parish police jury

The opinion treated the parish as a different political subdivision from the constable's ward. It did not analyze other qualifications for the proposed employment.

Common questions

Q: Did the AG prohibit a constable from working for the police jury?
A: No. The opinion said the ward and parish were separate political subdivisions.

Q: Which employment did the cited rule bar for a local elected official?
A: Employment in the same political subdivision in which the person held elected office, as the AG read R.S. 42:63(D).

Q: What was the constable's political subdivision?
A: The ward from which the constable was elected, according to the opinion's reading of R.S. 13:2583(B).

Background and statutory framework

The AG quoted R.S. 42:63(D) on combinations of local elective office and public employment. It also quoted R.S. 42:62(9)'s definition of political subdivision and cited R.S. 13:2583(B) for the constable's ward. The answer concerned employment with the Vernon Parish Police Jury.

Citations and references

Statutes quoted or cited: R.S. 42:63(D); R.S. 42:62(9); R.S. 13:2583(B).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0203

Original opinion text

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

May 21, 2003
OPINION 03-0203

      Honorable Willie Deon, Jr.                  78        DUAL OFFICEHOLDING

R.S. 13:2583(B); R.S. 42:63(D); R.S. 42:62(9) Clerk of Court
Elected constable may also hold employment with the padsh police
P. O. Box 40
jur~.
Leesville, Louisiana 71496-0040

Dear Mr. Deon:

You ask this office whether an elected constable may also be an employee of the Vernon Parish Police Jury. We conclude that this scenario is not prohibited by law.

The statute relevant in this matter is R.S. 42:63(D) of the Louisiana Dual Officeholding and Dual Employment Law, 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 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.

The cited provision prohibits a local elected official from holding employment 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 government, including a school board and a special district, authorized by law to perform governmental functions. In addition for the purposes of this Part., mayor’s courts, justice of the peace courts, district attorneys, sheriffs, clerks of court, coroners, tax assessors, registrars of voters, and all other elected parochial officials shall be separate political subdivisions.

Page 2

Honorable Willie Deon, Jr.
OPINION 03-0203
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 with the police
jury, as the parish is a separate political subdivision.

Very truly yours,

RICHARD P. IEYOUB
GENERAL

BY:

ASS
RNEY GENERAL

KLK:ams