Can the New Orleans Regional Business Park's executive director run for and serve in the Louisiana Legislature?

Plain-English summary

A state representative asked whether the New Orleans Regional Business Park's executive director could campaign for a Louisiana legislative seat and keep that job if elected. In 2005, the Attorney General distinguished the two stages. Running for office did not generally require resignation if employment policies did not prohibit candidacy and civil-service rules were inapplicable. Campaigning during work hours required personal leave under the employer's policy.

Winning the legislative seat required leaving the Park job. The AG described the Business Park as a political subdivision and its executive role as public employment. R.S. 42:63(C) barred a holder of state elective office from simultaneous employment by a political subdivision.

Currency note

This opinion was issued in 2005 under the cited dual-officeholding law. Verify current statutes, civil-service coverage, and employer policies before deciding a candidacy or employment arrangement.

What this means for you

Public employees considering the Legislature

The opinion allowed candidacy only under the employment-policy and civil-service conditions it identified. It required personal leave for campaigning during office hours under the employer policy described. It did not allow the person to retain the Park job after election.

Business Park and legislative officials

The AG treated the Park as a political subdivision for the dual-officeholding rule. Its answer was that the executive director could not simultaneously serve as a state legislator and remain its employee.

Common questions

Did the director have to resign before becoming a candidate?

The AG said generally no, where employer policy did not bar running and civil-service rules did not apply. It separately addressed leave for campaigning during work hours.

Could he continue as executive director after election?

No. The AG said R.S. 42:63(C) prohibited combining state elective office with employment at the political subdivision.

Why did that restriction apply to the Business Park?

The opinion identified the New Orleans Regional Business Park as a political subdivision under R.S. 33:4703 and its executive director role as employment covered by the dual-officeholding law.

Background and statutory framework

R.S. 33:4703 established the Park's political-subdivision status. The opinion cited R.S. 42:62(9) for the relevant governmental definition and quoted R.S. 42:63(C)'s bar on combining state elective office with employment by a political subdivision. Its candidacy answer remained conditional on employer policy and civil-service rules.

Citations

• R.S. 33:4703 (Business Park political-subdivision status).
• R.S. 42:62(9) (political-subdivision definition discussed by the AG).
• R.S. 42:63(C) (incompatible state elected office and public employment).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0186

Original opinion text

May 16, 2005
OPINION 05-0186

78 – OFFICERS – Dual Officeholding
Honorable Derrick Shepherd
R.S. 33:4701, R.S. 42:62(9), R.S. 42:63(C)
State Representative
State legislator may not hold employment with New Orleans
Regional Business Park.
House District No. 87
2009 Ames Boulevard
Marrero, LA 70072

Dear Representative Shepherd:

You have recently requested this office to advise you whether the executive director of the New Orleans Regional Business Park may seek election to the state legislature, and if elected, may he continue to serve as executive director of the Park?

The New Orleans Regional Business Park is a political subdivision of the state under the authority of R.S. 33:4703.1 The chief executive director of the district receives a salary and office expense allowance as fixed and determined by the Board pursuant to R.S. 33:4702(C)(1) and (2).2

In response to your first question, in general an individual need not resign from his public employment to run for a political office, where the policies governing him employment do not prohibit him from seeking office, and where civil service rules are

1
R.S. 33:4703(A) states in pertinent part: A. The New Orleans Regional Business Park, a special municipal district created under the provisions of this Part, shall constitute a body corporate in law, with all the powers of a corporation, and with all the powers and rights of a political subdivision of the state as provided by the constitution and laws of this state… 2 R.S. 33:4702(C)(1) and (2) provide, pertinently: (1) The board of commissioners shall elect from its members a chairman, a vice chairman, a secretary-treasurer and such other officers as it may deem necessary at its first meeting; the chairman shall serve at the pleasure of the board. The board of commissioners may also select one person as president; three people as vice presidents to be in charge of marketing, operations, and finance respectively, who shall not be members of the board, but who shall be legal Louisiana residents……..(2) The secretary-treasurer shall furnish such bonds as may be required by the board of commissioners. The premium on the bond shall be paid out of the operating funds of the district. The president shall be the chief executive officer of the district, shall manage its affairs and operation, subject to the rules and regulations and bylaws adopted by the council and the board. The president and three vice presidents shall receive such salary and office expense allowance, if any, as shall be fixed and determined by the board of commissioners. (Emphasis added).

Page 2

Honorable Derrick Shepherd
State Representative
OPINION NO. 05-0186
Page 2

inapplicable. Should he campaign during office hours, he must take personal leave as dictated by his employer’s policy manual.

The employment with the Park district falls within the definition of R.S. 42:62(9).3 Further, a state legislature holds elected office in the legislative branch of state government. See R.S. 42:62(7).4 In response to your second question, if elected to the state legislature, he must resign from his employment with the Business Park. R.S. 42:63(C) prohibits one from holding state elected office and employment with a political subdivision of the state. The provision states:

C. No person holding an elective office in the government of this state shall at the same time hold another elective office, a full-time appointive office, or employment in the government of this state or in the government of a political subdivision thereof.

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

CCF:Jr.:KLK:lrs

3
R.S. 42:62(9) defines political subdivision as: a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. In addition for the purposes of this Part, mayor’s courts, justice of the peace courts, district attorneys, sheriffs, clerks of court, coroners, tax assessors, registrars of voters, and all other elected parochial officials shall be separate political subdivisions. 4 R.S. 42:62(7) provides: The legislative branch of state government includes the members of the Senate and the House of Representatives, the officers, agents, and employees of the legislature of either house or of a committee of either house thereof, the legislative auditor, legislative fiscal officer, or any other agency created by law which is primarily legislative in nature, and any other legislative officer, office, or instrumentality of the state.

Page 3

SYLLABUS-----OPINION 05-0186

78 – OFFICERS – Dual Officeholding

R.S. 33:4701
R.S. 42:62(9)
R.S. 42:63(C)

State legislator may not hold employment with New Orleans Regional Business Park.

Honorable Derrick Shepherd
State Representative
House District 87
2009 Ames Boulevard
Marrero, LA 70072

Date Received: April 21, 2005

Date Released: May 16, 2005

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL