Could a Louisiana police officer work full-time for one city and part-time for another?

Plain-English summary

Bastrop's city attorney asked whether one person could work as a full-time police officer for one municipality and part-time for another. In Opinion 03-0362, the AG answered yes under the cited dual-employment rule. The opinion said the law barred two full-time public jobs, while the second job in the question was part-time.

That answer assumed neither civil service laws nor the employers' personnel policies conflicted with the arrangement. Those conditions mattered to the AG's conclusion.

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 officer and departments

The AG quoted definitions of employment, full time, and part time. A full-time position meant at least seven hours per workday and 35 hours per workweek; part time meant less than that definition. Because the second position was part-time, the cited bar on two full-time public employments did not apply.

Civil service and personnel review

The opinion explicitly conditioned its answer on no conflicting civil service law or employer policy. A department considering the same arrangement would need to check those rules before relying on the dual-employment conclusion.

Common questions

Could the same officer hold two full-time police jobs?

The AG said the dual-employment law prohibited two full-time public employments.

Could one full-time and one part-time municipal police job coexist?

Yes on the stated facts, provided civil service laws and employee policies did not conflict.

Did the opinion approve every scheduling or personnel issue?

No. It assumed the separate civil service and employer rules permitted the arrangement.

Background and statutory framework

The opinion quoted R.S. 42:62(3)(4)(5) for the definitions of employment and work-time status. It labeled the two-full-time-jobs prohibition R.S. 42:62(E) and found that prohibition inapplicable because one municipal job was part-time.

Citations and references

• R.S. 42:62(3)(4)(5): quoted definitions.
• R.S. 42:62(E): prohibition as cited in the opinion.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0362

Original opinion text

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

October 10, 2003
OPINION 03-0362

78 DUAL OFFICEHOLDING
Mr. L. Douglas Lawrence
R.S. 42:62(3)(4)(5), R.S. 42:62(E)
City Attorney
Individual may hold full-time employment as police officer and
648 East Jefferson Avenue
part-time employment as police officer in separate municipality.
Bastrop, LA 71220

Dear Mr. Lawrence:

In response to your recent inquiry, note that the law does not prohibit one from holding two public employments, where one position is held on a part-time basis.
The
definitions pertinent to this determination are found at R.S. 42:62(3)(4)(5), providing:

(3) "Employment" means any job compensated on a salary or per diem basis, other than an elective or appointive office, in which a person is an employee of the state government or of a political subdivision thereof.

(4) "Full time" means the period of time which a person normally works or is expected to work in an appointive office or employment and which is at least seven hours per day of work and at least thirty-five hours per week of work.

(5) "Part time" means the period of time which a person normally works or is expected to work in an appointive office or employment which is less than the number of hours of work defined in this Section as full time.

The law does prohibit one from holding two full-time public employments. R.S. 42:62(E) states:

E. No person holding a full-time appointive office or full-time employment in the government of this state or of a political subdivision thereof shall at the same time hold another full-time appointive office or full-time employment in the government of the state of Louisiana, in the government of a political subdivision thereof, or in a combination of these.

This prohibition is inapplicable in the instant matter, as one position is held on a part- time basis. We conclude a person may be employed in a full-time position as a municipal police officer while employed on a part-time basis as police officer with

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Mr. L. Douglas Lawrence
OPINION 03-0362
Page 2

another municipality. Our determination presupposes that neither civil service laws nor
employee policies conflict with this arrangement.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

~ATTORNEY GENERAL

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