Could a Thibodaux council member also serve as full-time Lafourche Parish administrator?

Plain-English summary

A Thibodaux city council member asked whether he could also serve full time as Lafourche Parish administrator. In Opinion 03-0461, the Louisiana AG concluded he could not hold both positions under the dual officeholding law.

The AG classified the council seat as a local elective office and the charter-authorized parish administrator post as an appointive office. Because the administrator position was full time, the statutory prohibition applied.

Currency note

This opinion was issued in 2004. 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

Council members

For the positions in this opinion, the AG said an elected Thibodaux council member could not simultaneously hold the full-time Lafourche Parish administrator office.

Parish officials

The AG relied on Lafourche Parish's home-rule charter and ordinance to classify its administrator as an appointive office. It also applied the statute's full-time threshold to the post described in the request.

Common questions

Could the official keep both jobs?

No. The AG told the requester he had to decline one of the positions.

Why was parish administrator an appointive office?

The opinion cited the parish charter's authorization of a chief administrative officer appointed through nomination and ratification, along with a parish ordinance describing the administrator's powers.

What made the administrator role full time?

The opinion applied R.S. 42:62(4), which defined full time by the ordinary or expected work period of at least seven hours per workday and 35 hours per workweek.

Background and statutory framework

R.S. 42:63(D), as quoted in the opinion, barred a local elective officeholder from simultaneously holding a full-time appointive office in state or political-subdivision government. The AG used R.S. 42:62(2) to classify the charter-authorized parish administrator position and R.S. 42:62(4) for the full-time definition. The conclusion addressed these two specific offices.

Citations and references

• R.S. 42:63(D): simultaneous local elective and full-time appointive office prohibition.
• R.S. 42:62(2): appointive-office definition.
• R.S. 42:62(4): full-time work threshold.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0461

Original opinion text

DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE

CHARLES C. FOTI, JR.
70804-9005
ATTORNEY GENERAL
January 20, 2004
OPINION 03-0461

    Mr. Jerome P. Richard                                  78        DUAL OFFICEHOLDING

416 Plater Drive
R.S. 42:61, et seq.; 42:63(D); 42:62(2)
Thibodaux, LA 70301
City councilman may not hold full-time appointive
office of padsh administrator.

Dear Mr. Richard:

You ask this office to advise whether you may hold the elected position of city councilman in Thibodaux while holding the full-time position of parish administrator for Lafourche Parish.

For the following reasons, we conclude that you may not legally hold both positions.

The Louisiana Dual Officeholding and Dual Employment Laws, F,.S. 42:61, et seq., govern the holding of two or more public offices or employments. Certain prohibitions are provided in that law and pertinent to this discussion is the prohibition found in R.S.
42:63(D), which states:

D. No person holding 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. (Emphasis added)

In short, R.S. 42:63(D) prohibits one from holding local elective office and a full-time appointive office. The position of Thibodaux City Councilman is a local elective office.
The position of parish administrator falls within the statutory definition of "appointive office" under R.S. 42:62(2) providing:

(2) "Appointive office" means any office in any branch of government or other position on an agency, board, or commission or any executive office of any agency, board, commission, or department which is specifically established or specifically authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof and which is filled by appointment or election by an elected or appointed pubic official or by a govemmental body composed of such officials of this state or of a political subdivision thereof.

Page 2

Mr. Jerome P. Richard
OPINION 03-0461
Page 2

The position of parish administrator "is specifically authorized . . . by the charter" of Lafourche Parish. Reference is made to Article II, Section A, Section B of the Lafoumhe Parish Home Rule Charter, which states in pertinent part:

The president shall have the power to nominate, subject to ratification, by resolution, by at least a majority of the members of the governing authority, a chief administrative officer, who shall be the parish administrator, and such department heads as may be provided by ordinance, who shall serve in office at the pleasure of the president until their resignation or removal from office. The president shall sign commissions and appointments of all officers.

Further recognition of the position of parish administrator is found in parish ordinance No. 2018, Section 2:201, providing as follows:

SECTION 2:201. PARISH ADMINISTRATOR

The Parish Administrator shall have direct authority over all parish department heads and employees, as well as control over the daily operations of the parish. He shall set the compensation of all parish employees.

This authority shall be exercised and carried out at the direction of the Parish President in accordance with the legislative policies established by the Parish Council.

Finally, the position is held on a "full-time" basis, defined by R.S. 42:62(4) as "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."

It is our conclusion that you must decline one of the positions as you cannot legally hold both positions concurrently.
Very truly yours,

C. FOTI, JR.

BY:

GENERAL
KLK:ams