Could a Haynesville council member work for the Louisiana Municipal Association and a town contractor?

Plain-English summary

Haynesville's mayor asked whether a councilman could also hold two full-time jobs: one with Risk Management, described as a Louisiana Municipal Association subsidiary, and another with BFI, which had the town's garbage-collection contract. The AG separated the issues. Employment with the municipal association did not trigger the dual-officeholding prohibition, because the association was not a political subdivision under that law. The AG cited an earlier opinion reaching the same conclusion.

The BFI job raised a different question. The AG said working for a company contracting with the town might raise ethical concerns and forwarded the inquiry to the Louisiana State Board of Ethics. The opinion did not decide whether the contractor job could coexist with council service.

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.

Common questions

Could a Louisiana Municipal Association employee serve on the Haynesville council?

The AG said the dual-officeholding law did not prohibit that combination. It relied on an earlier opinion treating the association as outside the law's definition of a political subdivision.

Did the AG approve the councilman's job with the garbage contractor?

No. It identified possible ethical concerns because the company had a town contract and referred that part of the question to the State Board of Ethics.

Did having two full-time jobs change the dual-officeholding answer?

The opinion discussed the association job under the dual-officeholding law. It left the contractor-related ethics question for the Board of Ethics and gave no broader ruling on the two jobs together.

Background and statutory framework

The AG cited R.S. 42:61, et seq., and Attorney General Opinion 80-0695 for the association-employment answer. Its separate contractor discussion consisted of an ethics referral, not a conclusion under the dual-officeholding statute.

Citations

• R.S. 42:61, et seq. (dual officeholding and employment).
• Attorney General Opinion 80-0695 (association employee serving as councilman).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/04-0011

Original opinion text

February 4, 2004
OPINION 04-0011

Honorable Mickey Mayfield
Mayor
1711 Main Street
Haynesville, LA 71038

Dear Mayor Mayfield:

We requote your question to this office as follows:

Can a person who is a full-time employee of Risk Management, a subsidiary of Louisiana municipal Association and a full-time employee of BFI, who has a contract with the Town of Haynesville for garbage collections, serve as a councilman?

The Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq., do not prohibit one from holding local elective office as councilman and employment with the Louisiana Municipal Association. This conclusion was previously reached in Attorney General Opinion 80-0695, where we concluded the following:

Inasmuch as the definition of political subdivision provided in Section 62(9) does not include such associations as the Police Jury Association or Louisiana Municipal Association, this office hereby concurs in your conclusion that the Dual Officeholding and Duel Employment statute does not prohibit an individual from simultaneously holding the positions [of full or part-time employee of the LMA and elective office of councilman.]

However, his employment with a company which has a contract with the town where he serves as councilman may raise ethical concerns. We have forwarded your inquiry to the Louisiana State Board of Ethics for their review and further advice.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:ams

Page 2

OPINION 04-0011

78 Dual Officeholding

R.S. 42:61, et seq.

Employee of Louisiana Municipal Association may also serve as town councilman.

Honorable Mickey Mayfield
Mayor
1711 Main Street
Haynesville, LA 71038

Date Received:
Date Released: February 4, 2004

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL