Could a full-time Louisiana fire chief also direct another parish's homeland-security office?

Plain-English summary

A resident asked whether one person could work full time as Jefferson Davis Parish Fire District Number 6's fire chief and also hold the appointed Allen Parish homeland-security director post. The AG said the combination was prohibited if both positions were full time. R.S. 42:63(E) barred a person in a full-time public job or appointive office from simultaneously holding another full-time public job or appointive office.

The opinion did not establish the director's actual hours. It expressly assumed both positions were full time for its prohibitory answer and said full-time employment with a part-time appointive office was generally permitted.

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 full-time fire chief also be a full-time parish homeland-security director?

The AG said no. The two full-time public positions would fall under R.S. 42:63(E)'s prohibition.

What if the director post was part time?

The opinion said full-time employment and a part-time appointive office were generally not barred by this provision. It did not determine the actual hours of the proposed director job.

How did the cited law define full time?

The opinion quoted R.S. 42:62(4): work normally performed or expected for at least seven hours a day and thirty-five hours a week.

Background and statutory framework

R.S. 42:63(E) supplied the two-full-time-positions ban; R.S. 42:62(4) and (5) defined full-time and part-time work. A footnote identified R.S. 29:728 as the provision creating the appointed parish homeland-security director position.

Citations

• R.S. 42:63(E) (two full-time public positions).
• R.S. 42:62(4) and (5) (work-hour definitions).
• R.S. 29:728 (parish homeland-security director).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/04-0019

Original opinion text

February 4, 2004
OPINION 04-0019

78 DUAL OFFICEHOLDING
R.S. 42:63(E); R.S. 42:62(4) and (5)
Mr. Louis Buller
Full-time fire chief may not simultaneously hold another full-time
P. O. Box 281
appointive office.
Elton, LA 70532

You ask the following legal question: May a person hold full-time employment as fire chief of Fire District Number 6 in Jefferson Davis Parish while also holding the appointive office of Director of Homeland Security for Allen Parish.1

R.S. 42:63(E) of the Dual Officeholding and Dual Employment Laws prohibits one from holding two full-time positions, whether employment or appointive office. That statute provides:

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.

“Full-time” and “part-time” are defined by R.S. 42:62(4) and (5), stating:

(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.

1
The office of director of homeland security for a parish is an appointive office created by R.S. 29:728 which pertinently provides: A. Each parish office of homeland security and emergency preparedness thus created shall have a director who shall be appointed by the parish president of the parish establishing such organization and each director shall be commissioned by the director of the state office of homeland security and emergency preparedness. The parish director thus appointed and commissioned shall serve at the pleasure of the parish president.

Page 2

Mr. Louis Buller
OPINION 04-0019
Page 2

The law, in general, does not prohibit one from holding full-time employment and part- time appointive office. Assuming that both positions are full-time, the prohibition would apply.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

Page 3

Mr. Louis Buller
OPINION 04-0019
Page 3

OPINION 04-0019

78 DUAL OFFICEHOLDING

R.S. 42:63(E); R.S. 42:62(4) and (5)

Full-time fire chief may not simultaneously hold another full-time appointive office.

Mr. Louis Buller
P. O. Box 281
Elton, LA 70532

Date Received:
Date Released: February 4, 2004

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL