Could one person serve on both the England development district and Ward Nine recreation district boards?

Plain-English summary

An assistant district attorney asked whether one person could sit on the England Economic and Industrial Development District board and the Ward Nine Recreation District board in Rapides Parish. In Opinion 03-0281, the AG answered yes on the facts presented.

The AG treated both seats as appointed, part-time offices in separate political subdivisions. It found the cited dual-officeholding prohibition inapplicable and said it had been given no facts suggesting a separate incompatibility problem. The closing names William Barron as the person who could hold both seats; the request was addressed to Thomas O. Wells.

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

Prospective board member

The opinion allowed simultaneous service in the two identified posts on the facts supplied. Its conclusion relied on the offices being appointed and part-time, and on their belonging to separate political subdivisions.

Appointing authorities

The AG quoted the appointment provisions for each board and then applied the dual-officeholding definitions and prohibitions. It did not make a general determination about other offices or unprovided incompatibility facts.

Common questions

Q: Could the same person sit on both Rapides Parish district boards? A: The AG said yes for these two appointed, part-time board seats.

Q: Why did the dual-officeholding prohibition not prevent the arrangement? A: The opinion treated the seats as posts in separate political subdivisions and found R.S. 42:63 inapplicable on the supplied facts.

Q: Did the AG rule out every possible conflict between the positions? A: No. It said no facts had been given to suggest that the incompatibility provisions of R.S. 42:64 were a concern.

Background and statutory framework

The AG quoted R.S. 33:130.353 on appointments to the development district board and R.S. 33:4564 on the recreation district board. It then relied on R.S. 42:62(9) and R.S. 42:62(5) to describe the separate political subdivisions and part-time offices, before addressing R.S. 42:63 and R.S. 42:64.

Citations and references

Statutes quoted or cited: R.S. 33:130.353; R.S. 33:4564; R.S. 42:62(9); R.S. 42:62(5); R.S. 42:63; R.S. 42:64.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0281

Original opinion text

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

July 31, 2003
OPINION 03-0281

78 DUAL OFFICEHOLDING
Mr. Thomas O. Wells
R.S. 33:130.353; R.S. 33:4564; R.S. 42:62(9); R.S. 42:62(5)
Individual may hold board membership with both the England Economic and Assistant District Attorney Industrial Development District and the Ward Nine Recreation Distdct of
P. O. Box 13438
Rapides Padsh.
Alexandria, LA 71315

Dear Mr. Wells:

You have asked this office to advise whether an individual may hold positions with the Board of Commissioners of the England Economic and Industrial Development District and the Board of Commissioners of Ward Nine Recreation District of Rapides Parish.
We respond in the affirmative.

The English Economic and Industrial Development District was created by the legislature as a political subdivision of the state, and is governed by a board of commissioners. See R.S. 33:130.351. The board of commissioners consists of ten members, appointed as set forth in R.S. 33:130.353:

A. The district shall be governed by a board of commissioners, hereinafter referred to as the "board", consisting of ten members appointed as follows:

(1) Three members appointed by the Rapides Parish Police Jury.
(2) Three members appointed by the mayor of the city of Alexandria, and confirmed by the city council.
(3) One member appointed by the mayor of the city of Pineville, and confirmed by the board of aldermen.
(4) One member appointed by a majority of the remaining incorporated municipalities in Rapides Parish, based upon resolutions approved by the respective boards of aldermen.
(5) Two members nominated by the board of directors of the Chamber of Commerce of Central Louisiana, and appointed by resolutions duly adopted by majority votes of the Rapides Parish Police Jury and Alexandria City Council.

A member of the board of commissioners of the recreational district holds appointive office pursuant to R.S. 33:4564, providing:

Page 2

Mr. Thomas O. Wells
OPINION 03-0281
Page 2

  §4564.        Board of commissioners; appointment and                  tenure;

organization; secretary-treasurer; compensation

A. Any recreation district created under the provisions of R.S. 33:4562 shall be governed by a board of five commissioners who shall be qualified voters and residents of the area covered by the district. The members of the board shall be appointed by the police jury of the parish or parishes involved and where one or more municipalities have, through their respective governing bodies, agreed to be included in the recreation district created by the police jury at least one of said members of the board shall be a qualified voter and resident of each such municipality.

The five commissioners initially appointed shall be appointed for terms of one, two, three, four and five years, respectively, and they shall serve until their successors shall have been appointed and qualified. All commissioners thereafter appointed at the expiration of such respective terms shall be appointed by the police jury or police juries for terms of five years. Any vacancy which otherwise occurs shall be filled by appointment of the police jury or police juries for the unexpired term. In making such appointments due regard shall be had for the requirement that the board of commissioners shall include at least one qualified voter and resident of each municipality which has been included in the district by consent of its governing authority.

These appointed positions fall within separate political subdivisions of the state. See R.S. 42:62(9). Both are held on a part-time basis. See R.S. 42:62(5). We find the prohibition of R.S. 42:63 to be inapplicable, and are given no facts to suggest that the incompatibility provisions of R.S. 42:64 would be of concern. We conclude the law does not prohibit Mr. William Barron from holding both positions.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

BY:

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