Could a Louisiana police juror also work full-time as a district attorney's child-support director?

Plain-English summary

An assistant district attorney asked whether a full-time director of the district attorney's child-support section could also serve as an elected police juror. In Opinion 03-0333, the AG answered yes on the stated facts. For the dual officeholding statute, the district attorney's office and the police jury were separate political subdivisions, so the ban on holding local elective office and employment in the same subdivision did not apply.

The AG also checked the rule barring combinations where funds received by one position are turned over to the other. The state reimbursed the district attorney's office for the child-support section's expenses, including the director, and the police jury did not fund that work. The AG therefore found that incompatibility rule inapplicable.

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

Police juror and district attorney's office

The AG read the law as permitting local elective office alongside full-time employment in a separate political subdivision. The opinion emphasized the statutory treatment of a district attorney's office as separate for this purpose.

Local funding officials

The opinion's funding analysis depended on the reported reimbursement by the state and the absence of police-jury funding. It did not decide a situation in which the two positions exchanged funds as described by the incompatibility statute.

Common questions

Did a full-time district attorney job automatically bar service as a police juror?

No. The AG distinguished full-time employment in a separate political subdivision from employment in the same one.

Did state reimbursement create a forbidden transfer between the two positions?

The AG said no on these facts. The police jury did not fund the child-support director's expenses, so the cited incompatibility rule did not apply.

Would the answer necessarily be the same if the police jury paid for the position?

The opinion did not decide that scenario. Its funding conclusion relied on the police jury not paying those expenses.

Background and statutory framework

R.S. 42:62(9) treated district attorneys as separate political subdivisions for Louisiana's dual officeholding law. LSA-R.S. 42:63(D) barred certain combinations of local elective office and employment in the same subdivision. The AG also examined R.S. 42:64(A)(6), which addressed funds received by one office or employment and deposited with or turned over to another. It found neither restriction barred the reported combination.

Citations and references

• R.S. 42:62(9): political subdivision definition.
• LSA-R.S. 42:63(D): dual officeholding and employment rule.
• R.S. 42:64(A)(6): funding incompatibility provision.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0333

Original opinion text

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DEPARTMENT OF JUSTICE
One American Place
301 Main Street, Suite 600
CIVIL DIVISION
P.O. Box 94005
BATON ROUGE
TEL.: (22.~) 342-7013
RICHARD P. IEYOUB
FAX: (225) 342-2090
70804-9005
ATTORNEY GENERAL

September 26, 2003
OPINION 03-0333

78 DUAL OFFICEHOLDING
Mr. Douglas L. Stokes
R.S. 42:62(9); R.S. 42:63(D); R.S. 42:64(A) (6) Assistant District Attorney Police juror may hold employment as child support enforcement division
P. O. Drawer 459
director with the district attorney’s office.

Jonesboro, LA 71251

Dear Mr. Stokes:

You have asked us to determine whether the full-time director of the child support section of the district attorney’s office may also hold the elected office of police juror.
We respond in the affirmative.

For purposes of dual officeholding, employment with the district attorney’s office is considered employment in a "political subdivision"of the state. R.S. 42:62(9) defines "political subdivision: and states:

(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.
(Emphasis added)

An individual serving as police juror holds local elective office within a separate political subdivision of the state. See R.S. 42:62(9). The prohibition of the Dual Officeholding and Dual Employment Law which might be applicable is found in LSA-R.S. 42:63(D), providing:

D. No person holdinq 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. In addition no sheriff, assessor, or clerk of court shall hold any office or employment under a parish governing authority or school board, nor shall any member of any

Page 2

Mr. Douglas Stokes
OPINION 03-0333
Page 2
parish governing authority or school board hold any office or employment with any sheriff, assessor, or clerk of court. (Emphasis added).

The law does not prohibit one from holding local elective office and full-time employment in a separate political subdivision.

Of concern are the incompatibility provisions of R.S. 42:64(A) (6), providing:

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:

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

You state that the District Attorney’s Office is reimbursed by the State of Louisiana for the expenses of operating the child support section, including the expenses of the director who manages the child support section. The incompatibility provisions are invoked only when an individual in one office or employment personally remits funds to himself by virtue of his holding another office or employment. See Attorney General Opinion 99-368(A). As the police jury does not fund these expenses, R.S. 42:64A(6) is inapplicable. Thus, we conclude both positions may be held concurrently.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

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