Could Richwood's fiscal officer work part time in a summer lunch program and receive a grant-funded salary supplement?

Plain-English summary

Richwood's mayor asked whether the town's fiscal officer could also work part time in its summer lunch program and whether grant money could supplement the officer's salary. In Opinion 03-0256, the AG said the dual roles were allowed under the circumstances it described, because at least one was part time. The opinion reasoned that the fiscal officer was an appointed official if not serving as tax collector under the cited municipal statutes.

On grant funding, the AG did not give an unconditional approval. It said use of grant money for a salary supplement was "probably allowed" if the grant did not prohibit that use or reserve the money for food or another specified purpose. The opinion emphasized that the grant's terms determined how the funds could be spent.

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

Richwood mayor and fiscal officer

The AG said the fiscal officer could take the described part-time summer program role under the dual-officeholding analysis, assuming the position was the appointed one described in the opinion. The answer did not resolve every possible form of the town's fiscal office.

Grant administrators

The opinion placed the salary-supplement question under the grant's spending restrictions. It said a supplement was probably permissible only if the grant did not forbid it or dedicate the funds to another specified expense.

Common questions

Q: Could the town fiscal officer also work in the summer lunch program? A: The AG said yes on the described facts, where at least one role was part time and the officer held the appointed municipal position it analyzed.

Q: Was grant money automatically available for extra salary? A: No. The opinion said the grant terms controlled and described a salary supplement as probably allowed only if those terms did not restrict it.

Q: What if the grant earmarked all funds for food? A: The AG gave that as an example of a restriction that would undercut using the grant for a salary supplement.

Background and statutory framework

The AG cited La. R.S. 33:404 for the mayor's supervision, delegation, contract, budget, and warrant duties. It discussed municipal officer appointments under La. R.S. 33:386 and the dual-officeholding laws in La. R.S. 42:61 et seq. The opinion then applied those provisions to the part-time summer lunch role and treated the grant's terms as decisive for the proposed supplement.

Citations and references

Statutes quoted or cited: La. R.S. 33:404; La. R.S. 33:386; La. R.S. 42:61.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0256

Original opinion text

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DEPARTMENT OF JUSTICE
OFFICE OF THE ATTORNEY GENERAL
430 FANNIN ST.
RICHARD P. IEYOUB
ROOM 309
ATTORNEY GENERAL
TELEPHONE: (318) 227-3790
71101-5537
FAX: (318) 226-7144

OCT 01 2003
OPINION NO. 03-0256

OFFICERS - Dual Office Holding

Honorable Edward L. Harris, Mayor
Town of Richwood
5130 Brown Road
Richwood, LA 71202-7004

Dear Mayor Harris:

Your request for an Attomey General’s Opinion has been forwarded to me for research and reply. Specifically, you ask whether you can allow your town fiscal officer to work part- time in your town’s summer lunch program and whether you can use grant funds as a salary supplement."?

The first question is answered by La. R.S. 33:404(A)(1) and (2), La. R.S. 33:381(A) and (D)(1), La. R.S. 47:2051.1(A)and La. R.S. 33:386(A), which are as follows;

§ 404. Duties of mayor

A. The mayor shall have the following powers, duties, and responsibilities:

(1) To su.oervise and direct the administration and _o0eration of all munici.oal de0artments, offices, and agencies, other than a police department with an elected chief of police, in conformity with ordinances adopted by the board of aldermen and with applicable provisions of state law;, however, no such ordinance may limit the authority granted to the mayor by this Paragraph.
All administrative staff shall be subordinate to the mayor. (Emphasis added).

(2) To delegate the performance of administrative duties to such municipal officers or employees as he deems necessary and advisable.

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Honorable Edward L. Harris, Mayor
OPINION NO. 03-0266
Humber - 2 -

§ 381. Municipal Officers

A. The officers of every municipality shall be a mayor, aldermen, a chief of police, or tax collector and a clerk.

D. (1) Notwithstanding the provisions of subsection A of this Section, if the town of Sterlington or the town of Richwood enters into an agreement pursuant to R.S. 47:2051.1 for the collection of taxes, the governing authority of the town shall not be required to appoint a tax collector.

§ 2051.10uachita Parish; collection of municipal taxes

A. The sheriff and tax assessor of Ouachita Parish and the governing authority of the municipality of Monroe, West Monroe, Richwood, or Sterlington may enter into an agreement which, if entered into by all three parties, shall authorize the sheriff to collect ad valorem taxes, charges, fees, and any amounts carried on the tax roll of the respective municipality.

§ 386. Appointment of municipal officials; bond required

A. At the first regular meeting of the board of aldermen succeeding each regular municipal election, the mayor, subject to conformation by the board of aldermen, shall appoint a clerk, tax collector, except as provided for in R.S. 33:381(D), and all other necessary_ officers whose election is not provided for in R.S. 33:381. In the event of a vacancy, the mayor, subject to confirmation by the board of aldermen, shall appoint a successor to any such office. In making or approving such appointments and in filling vacancies, the major and board of aldermen shall give preference to residents of the municipality if all other considerations are equal. (Emphasis added).

The pertinent parts of La. R.S. 33:404 give you, as the Mayor of the Town of Richwood, the power to supervise and direct the administration and operation of all departments, offices and agencies of Richwood. You are also given the power to delegate duties as you deem necessary and advisable.

Additionally, if this fiscal officer is not the "tax collector" under La. R.S. 33:381, or if the collection of taxes is delegated to the Ouachita Parish tax assessor or sheriff under La. R.S. 47:2051.1(A), then he is an appointed official under La. R.S. 33:386.

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Honorable Edward L. Harris, Mayor
OPINION NO. 03-0256
Page - 3 -

Since at least one of the offices is part-time, both are allowed under the Dual Officeholding Laws found in La. R.S. 42:61 et seq.

With regard to your second question, the answer is again found in La. R.S. 33:404(A)(1) and (2) as well as in 404(A)(4),(5) and (8) which is as follows:

§ 404. Duties of mayor

A. (4) To sign all contracts on behalf of the municipality.

(5) To prepare and submit an annual operations budget and a capital improvements budget for the municipality to the board of aldermen in accordance with the provisions of R.S. 39:1301 et seq. and any other supplementary laws or ordinances.

(8) To sign warrants drawn on the treasury for money, to require that the municipal clerk attest to such warrants, to affix the municipal seal thereto, and to keep an accurate and compete record of all such warrants.

These parts of the statute give the oversight of fiscal matters to the mayor which would include using grant funds in any way that is not otherwise prohibited. More specifically, the terms of the grant determines how grant funds are spent. If there are no prohibitions in the grant regarding the use of funds for salary supplements or if the grant does not
.specify that all funds must be used for the purchase of food for program or in some other specific way, then using the money for a salary supplement is probably allowed. Again, the terms of the grant should state how the funds are to be allocated and spent.

We trust that your questions have been answered. However, if you should need anything further, do not hesitate to contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

J. Pitman
Assistant Attorney General
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