Can a Louisiana alderman serve on a joint commission and also work as its supervisor?

Plain-English summary

A Livingston town alderman served as the town's appointee to a joint parish-town commission and was considering a job as the commission's supervisor. In 2005, the Attorney General said the alderman and appointed commission seats could be held together under the cited local-government exception. Employment by the commission on whose board he sat was incompatible, however, under R.S. 42:64(A)(4), (5), and (6).

The commission had been formed to monitor the health of members of a class action involving the Livingston train derailment. The AG did not decide potential Code of Governmental Ethics issues from the proposed combination; it referred those questions to the Louisiana State Board of Ethics.

Currency note

This opinion was issued in 2005 under the dual-officeholding provisions it quoted. Verify current law and seek the responsible ethics body's guidance for any later arrangement.

What this means for you

Aldermen and joint commission members

The opinion distinguished permission to serve on a board created by local governments from permission to be that board's employee. It approved the first combination described and rejected the proposed commission-supervisor job while the person remained on the commission board.

Commission hiring officials

The AG said a board member could not also be employed as the supervisor of that same commission. It separately noted that any ethics-code question belonged with the State Board of Ethics and did not decide it.

Common questions

Was the alderman's appointment to the commission itself prohibited?

No. The AG said R.S. 42:64(A)(1) allowed this local-government appointment of a governing-body member to a board or commission it created.

Could the appointed commissioner also take the supervisor job?

No. The opinion called employment by the board on which he served an incompatible combination under the cited provisions.

Did the AG decide whether the arrangement violated the ethics code?

No. It said ethics concerns might arise and directed those issues to the Louisiana State Board of Ethics.

Background and statutory framework

R.S. 42:64(A)(1) contained an exception allowing local governmental subdivisions to appoint their governing-body members to certain boards and commissions. The opinion then applied R.S. 42:64(A)(4), (5), and (6), which addressed incompatible combinations involving direction, budget or account oversight, and funds passing between positions. It left any separate ethics-code issue for the ethics board.

Citations

• R.S. 42:64(A)(1) (local governing-body appointment exception).
• R.S. 42:64(A)(4)(5) and (6) (incompatible-office provisions as cited in the opinion).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0182

Original opinion text

May 26, 2005
OPINION 05-0182

78 Dual Officeholding
R.S. 42:64(A)(1); R.S. 42:64(A)(4)(5) and (6)
Mr. Jay J. Harris
Individual may not be employed by the board upon which
Livingston Intergovernmental Commission
he serves as an appointed member, as such constitutes
the holding of incompatible offices
133 Aspen Square, Suite B
Denham Springs, LA 70726

Dear Mr. Harris:

You have advised this office that Mr. Randall Morgan holds the elected office of Alderman for the Town of Livingston. He also serves as the town appointee to the Livingston Intergovernmental Commission, a commission formed by the Parish of Livingston and the Town of Livingston to monitor the health of the class action members of the Livingston train derailment.1

At the outset we note that It is permissible for Mr. Morgan to simultaneously hold these positions as R.S. 42:64(A)(1) provides that local governmental subdivisions may appoint members of the governing body to boards and commissions created by them.2

However, in response to your specific question, Mr. Morgan may not also accept employment with the Intergovernmental Commission as supervisor. In other words, he may not be a member of the board which employs him. Such combination of positions is deemed incompatible by R.S. 42:64(A)(4)(5) and (6), stating:

A. In addition to the prohibitions otherwise provided in this Part, no other offices or employments shall be held by the same person in combination if any of the following conditions are found to pertain and these prohibitions shall exist whether or not the person affected by the prohibition exercises power in conjunction with other officers:
1
The Commission was formed by the Parish of Livingston and the Town of Livingston to form a joint commission as authorized by Article VI, Section 20 of the Louisiana Constitution and LSA R.S. 33:1324, to be recognized as a body corporate pursuant to LSA R.S. 33:1332 and as a body politic and political subdivision of the State pursuant to LSA R.S. 33:1334(D), as defined in Article VI, Section 44 of the Louisiana Constitution of 1954, with all rights, powers, and authority granted to political subdivisions of the State, including without limitation, the provisions of LSA R.S. 31:149. 2 R.S. 42:64A(1) states: (1) The incumbent of one of the offices, whether or not in conjunction with fellow officers, or employment has the power to appoint or remove the incumbent of the other, except that local governmental subdivisions may appoint members of the governing body to boards and commissions created by them and over which they exercise general powers as provided in Article VI, Section 15 of the Constitution of Louisiana. A board or commission so created may elect officers from its own membership, and if a joint commission of two parishes, except a joint commission that has as its function the operation and maintenance of a causeway and its related roadways, may also appoint a member of one of such parish’s governing body to be its general superintendent.

Page 2

Mr. Jay J. Harris
OPINION 05-0182
Page 2

(4) The incumbent of one office, whether or not in conjunction with fellow officers, or employment is required by law to execute orders and follow directions given by the incumbent of the other office or employment.
(5) One office, whether or not in conjunction with fellow officers, or employment is charged with auditing the accounts of or approving the budget of the other position.
(6) Funds received by one office or employment are deposited with or turned over to the other office or position.

Further, ethical concerns may be raised by the holding of the aforementioned positions. Issues involving the Code of Governmental Ethics, R.S. 42:1111, et seq., should be submitted to and addressed by the Louisiana State Board of Ethics, 2415 Quail Drive, Baton Rouge, Louisiana, 70808, phone 225-763-8777.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: _______ KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

Page 3

Mr. Jay J. Harris
OPINION 05-0182
Page 3

OPINION 05-0182

78 Dual Officeholding

R.S. 42:64(A)(1); R.S. 42:64(A)(4)(5) and (6)

Individual may not be employed by the board upon which he serves as an appointed member, as such constitutes the holding of incompatible offices.

Mr. Jay J. Harris
Livingston Intergovernmental Commission
133 Aspen Square, Suite B
Denham Springs, LA 70726

Date Received:
Date Released: May 26, 2005

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL