Could a Louisiana town council member also hold an administrative job with the town police department?

Plain-English summary

Fisher's police chief asked whether a town council member could also hold an administrative position in the town police department. In 2005, the Attorney General answered no. The elected office and police employment were in the same political subdivision, a combination prohibited by R.S. 42:63(D). The AG said the employment restriction applied whether the additional job was full time or part time, and compensation generally did not affect it.

The opinion also noted a separate restriction on an elected council member holding a full-time appointive office in any Louisiana political subdivision. Its actual conclusion addressed the administrative police position within the same town.

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

Would a part-time police department job be allowed for the council member?

The AG said no. The same-town employment bar applied to both full-time and part-time jobs under the statute it quoted.

Would declining a salary change the answer?

The opinion said compensation generally did not affect the law's prohibitions. It concluded the council member could not hold the described police administrative position.

Was every appointive position outside Fisher forbidden?

The opinion stated a narrower rule: a council member could not also hold a full-time appointive office in a Louisiana political subdivision. It did not decide a particular outside appointment.

Background and statutory framework

Chief Lamar Thomas, Jr. asked about a Fisher council member's simultaneous administrative position with the town police department. R.S. 42:63(D), as quoted by the AG, barred employment in the same political subdivision as the elected office, and also addressed additional elective and full-time appointive offices. Applying the same-town employment restriction, the AG rejected the proposed overlap.

Citations

• R.S. 42:63(D) (dual officeholding and same-subdivision employment restriction).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0092

Original opinion text

April 20, 2005
OPINION 05-0092

Mr. Lamar Thomas, Jr.
78 Dual Officeholding
Chief of Police
R.S. 42:63(D)
P. O. Box 7
Town councilman may not simultaneously hold administrative
Fisher, LA 71426
position with town police department

Dear Chief Thomas:

In response to your inquiry of recent date, note that R.S. 42:63(D) of our state Dual Officeholding and Dual Employment Laws prohibits an elected councilman from holding any employment (full or part-time) within the same political subdivision in which he holds elected office. Further, a councilman may not hold full-time appointive office in any political subdivision. R.S. 42:63(D) states, in pertinent part:

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.

Compensation, in general, has no effect regarding the prohibitions of the law. Thus, we conclude your city councilman may not hold an administrative position with the town police department.

We hope the foregoing is helpful to you. Should you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

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

Page 2

OPINION 05-0092

78 Dual Officeholding

R.S. 42:63(D)

Town councilman may not simultaneously hold administrative position with town police department.

Mr. Lamar Thomas, Jr.
Chief of Police
P. O. Box 7
Fisher, LA 71426

Date received:
Date released: April 20, 2005

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL