Could a fire chief or captain sit on the fire district board that employed them?

Plain-English summary

A Jonesville fire chief told the AG that he was both a member of the local fire district board and an employee of that board. In Opinion 03-0293, the AG said he could not serve on the board that employed him. It applied the dual-officeholding statute's incompatibility rules concerning one position directing another, approving its budget or auditing accounts, and handling its funds.

The opinion reached the same result for the fire district captain. It separately noted that the arrangement might raise ethics-law questions and said the request had been forwarded to the Louisiana State Board of Ethics for review. The AG did not decide that separate ethics issue.

Currency note

The full issue date is not legible in the available official extract. 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

Fire chief and captain

The AG concluded that neither the chief nor the captain could simultaneously serve as a board member of the district that employed them. It treated the positions as incompatible under the quoted provisions.

Fire district board

The opinion identified the board's relationship to its employees as the reason the simultaneous roles were barred. It left any additional ethics issue to the State Board of Ethics.

Common questions

Q: Could a fire chief be employed by a fire district and sit on its board?
A: The AG said no. It applied the dual-officeholding incompatibility rules to the chief's board seat and employment.

Q: Did the answer differ for the district captain?
A: No. The opinion said the same reasoning barred the captain from board membership.

Q: Did the AG decide that the arrangement violated ethics law?
A: No. It said ethics violations were possible and referred the request to the State Board of Ethics for review.

Background and statutory framework

The AG quoted R.S. 42:64(A)(4)(5)&(6), which covered combinations of offices or employment involving direction, budget or account oversight, and the handling of funds between the positions. It applied those provisions to the fire district board and the people it employed.

Citations and references

Statutes quoted or cited: R.S. 42:61; R.S. 42:64(A)(4)(5)&(6).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0293

Original opinion text

DEPARTMENT OF JUSTICE
One American Place
301 Main Street, Suite 600
CIVIL DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (225) 342-7013
RICHARD P. IEYOUB 70804-9005 FAX: (225) 342-2090
ATTORNEY GENERAL
qov 4 2003
OPINION 03-0293

Mr. Ben G. Adams
Fire Chief 78 DUAL OFFICEHOLDING
P. O. Box 428
R.S. 42:64(A)(4)(5)&(6)
Jonesville, LA 71343
Fire chief may not serve as board member of fire district board
which employs him.

Dear Chief Adams:

In correspondence to this office you advise that you are a member of the local fire district board and you are also employed by the board as fire chief. Please note that the Dual Officeholding and Dual Employment Laws R.S. 42:61, et seq., prohibit this arrangement. The incompatibility provisions of R.S. 42:64(A)(4)(5)&(6) apply and state:

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

You may not legally serve as a member of the fire district board which employs you.
Neither may the captain of the fire district serve as a member of the fire district board, as the same reasoning is applicable to him. Additionally, there may be violations of the Ethics laws. We have forwarded your request to the Louisiana State Board of Ethics, 2415 Quail Drive, 3rd Floor, Baton Rouge, LA 70808 for review.

Very truly yours,

RICHARD P. IEYOUB

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