Could a full-time Delgado instructor also teach part time at the University of New Orleans?

Plain-English summary

In Opinion 03-0395, the Louisiana AG said a person could hold a full-time teaching job at Delgado Community College while also working part time as an instructor at the University of New Orleans. The dual-officeholding rule discussed in the letter prohibited two full-time public positions. Because the UNO position was part time, that prohibition did not apply to the combination described.

The opinion applied the statutory definitions of full-time and part-time work. It did not decide whether any different combination of duties or hours would be permissible.

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

Public college instructors

For the jobs described in the request, the AG said the full-time Delgado position and part-time UNO instruction could be held together. The opinion turned on one position being part time.

Public college employers

The AG identified R.S. 42:63(E) as the prohibition on two full-time public jobs and R.S. 42:62(4) and (5) as the definitions that distinguished full-time from part-time work.

Common questions

Could the Delgado instructor also teach at UNO?

Yes, when the Delgado position was full time and the UNO instructor position was part time, as described in the request.

Did Louisiana's dual-officeholding law bar two full-time public jobs?

The AG cited R.S. 42:63(E) as barring that combination. It found the rule inapplicable here because one job was part time.

How did the opinion define full-time work?

It reproduced the then-existing definition: an expected work period of at least seven hours per day and at least thirty-five hours per week. Part-time meant less than that defined full-time amount.

Background and statutory framework

Mark D. Kuss asked whether he could work full time at Delgado Community College and part time at the University of New Orleans. The AG applied R.S. 42:63(E), which prohibited simultaneous full-time public positions, and the definitions in R.S. 42:62(4) and (5). The opinion's footnotes reproduce the relevant statutory text.

Citations and references

• R.S. 42:63(E): prohibition on two full-time public jobs.
• R.S. 42:62(4) and (5): full-time and part-time definitions quoted in the footnotes.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0395

Original opinion text

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

NOV 0 6 2003
OPINION 03-0395

Mr. Mark D. Kuss
78 DUAL OFFICEHOLDING
Attorney at Law
R.S. 42:63(E), R.S. 42:62(4) and (5)
3316 Canal Street
Part-time instructor at UNO may hold full-time employment
with Delgado Community College.
New Odeans, LA 70119

Dear Mr. Kuss:

In response to your recent inquiry, nothing in the dual officeholding laws, R.S. 42:61, et seq., prevents you from holding a full-time teaching position at Delgado Community College in New Orleans, while holding a part-time position as instructor at the University of New Orleans. Of concern would be R.S. 42:63(E)1 prohibiting one from holding two full-time positions of public employment. The prohibition is inapl~licable as one of your positions is held on a part-time basis. See R.S. 42:62(4) and (5).~

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

KLK:ams

1 R.S. 42:63(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.
2 R.S. 42:62(4) and (5) provides
(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.