Could a Louisiana legislator contract to consult for a city-parish government?

Plain-English summary

In 2005, the Louisiana Attorney General concluded that a state representative's proposed contract to perform professional, consulting, and management services for the Baton Rouge and East Baton Rouge city-parish government did not violate the state's dual-officeholding and employment provisions. The AG's reason was the difference between a contract and a public job paid on a salary or per-diem basis.

The opinion defined public “employment” using La. R.S. 42:62(3) and cited earlier AG opinions treating a legislator's contract with a political subdivision as outside the dual-officeholding statutes when the subdivision did not engage the legislator as an employee. The answer addressed the dual-officeholding question posed; it did not analyze other possible rules governing the contract.

Currency note

This opinion was issued in 2005. 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 the representative sign the proposed consulting contract? A: The AG said the contract, as described, would not violate the dual-officeholding law because the representative would be a contractor rather than a city-parish employee.

What made the distinction between a contract and employment? A: The opinion quoted the statute's definition of employment as a job compensated on a salary or per-diem basis in which the person was an employee of government.

Did the opinion approve every aspect of a legislator's public contract? A: No. Its analysis addressed dual officeholding and employment, the legal issue the representative raised.

Background and statutory framework

Representative William Daniel asked about a proposed contract with Baton Rouge and East Baton Rouge Parish. The AG classified his legislative seat as an elective office, the city-parish as a political subdivision, and statutory employment as a salary- or per-diem-paid government job. It then stated that when a subdivision “is not engaging a state representative as an employee on a salary or per diem basis then the relationship is one of merely contract,” and the dual-officeholding statutes do not apply to that relationship.

Citations

• La. R.S. 42:62(1), (3), and (9) (definitions cited or quoted in the opinion).
• La. R.S. 42:63C (dual-officeholding provision discussed in the opinion's body).
• Attorney General Opinions No. 04-0101, 95-16, and 88-653 (earlier contract analyses cited by the AG).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0016

Original opinion text

February 9, 2005
OPINION NUMBER 05-0016
62-A
LEGISLATURE, Members of
78
OFFICERS-Dual Officeholding

La. R.S. 62(1); La R.S. 42:63C; La. R.S. 42:62(9); La R.S.
Honorable William Daniel 62(3)
State Representative
House District No. 68
A state representative may enter into a contract to perform
professional, consulting and management services for a
17170 Perkins Road
political subdivision of the state and not violate the dual
Baton Rouge, LA 70810
officeholding and employment provisions of Louisiana
Revised Statutes.
Dear Representative Daniel:

You have recently requested this office to issue an advisory opinion relative to dual officeholding, in particular, whether you as a state representative can enter into a contract to perform professional consulting and management services for the City of Baton Rouge/Parish of East Baton Rouge Government. You specifically ask whether there are any prohibitions or restrictions in the provisions of law relative to dual officeholding which might apply.

Your position as a state representative falls under the category of a state “elective office”, which is defined as, “any position which is established or authorized by the constitution or laws of this state…, which is filled by vote of the citizens of this state…” La. R.S. 42:62(1). This state’s dual officeholding laws prohibit a person holding an elective office in the government of this state from holding at the same time another full-time appointive office, or employment in the government of this state or in the government of the political subdivision thereof. La. R.S. 42:63C.

Further, a political subdivision is any parish, municipality, or other unit of local government authorized by law to perform government functions. La. R.S. 42:62(9). Clearly, the City of Baton Rouge/Parish of East Baton Rouge Government falls within this category.

“Employment” is defined as, “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.” La. R.S. 42:62(3).

Page 2

Opinion No. 05-0016
Hon. William Daniel
State Representative
House District No. 68
Page: -2-

Previous opinions from this office have determined that when a political subdivision is not engaging a state representative as an employee on a salary or per diem basis then the relationship is one of merely contract, and the provisions of the dual officeholding statutes are inapplicable. See Attorney General Opinions No. 04-0101, 95-16 and 88-653.

With regard to your request, it is the opinion of this office that you, as a state representative, may enter into a contract to perform professional, consulting, and management services for the City of Baton Rouge/Parish of East Baton Rouge Government and not violate our state’s dual officeholding laws.

I trust this sufficiently addresses your concerns. If our office may be of further assistance, please feel free to contact us.

Yours very truly,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: _________
CHARLES H. BRAUD, JR.
Assistant Attorney General

CCF, Jr./CHB, Jr./sfj

Page 3

SYLLABUS
OPINION NO. 05-0016

62-A LEGISLATURE, Members of
78 OFFICERS-Dual Officeholding

La. R.S. 62(1); La R.S. 42:63C; La. R.S. 42:62(9); La R.S. 62(3)

A state representative may enter into a contract to perform professional, consulting and management services for a political subdivision of the state and not violate the dual officeholding and employment provisions of Louisiana Revised Statutes.

Honorable William Daniel
State Representative
House District No. 68
17170 Perkins Road
Baton Rouge, LA 70810

DATE RECEIVED:

DATE RELEASED: February 9, 2005

Charles H. Braud, Jr.
Assistant Attorney General