Could a Zachary school board member also serve on the city's planning commission?

Plain-English summary

In 2005, a member of the Zachary Community School Board asked whether he could also accept an appointment to the Zachary Planning and Zoning Commission. The Attorney General answered yes. The opinion said Louisiana's dual officeholding laws, R.S. 42:61 et seq., did not prohibit the combination.

A separate statute, R.S. 33:103(C)(1), generally required municipal planning commission members to hold no other public office. The AG applied R.S. 33:104(F), which excludes a home rule charter municipality's planning commission membership and structure from that statutory subpart when its charter provides for a commission. Zachary's charter did so, according to the opinion.

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.

Common questions

Did the dual officeholding law itself prevent these two positions?

The AG said R.S. 42:61 et seq. did not prohibit the Zachary school board member from holding both positions.

Why did the planning commission's other-office restriction not control?

The opinion identified R.S. 33:103(C)(1)'s restriction, then applied the R.S. 33:104(F) exception because Zachary had a home rule charter establishing a planning commission.

Did the AG decide whether every Louisiana school board member can join a planning commission?

No. Its answer depended on Zachary's home rule charter and the two positions presented in the request.

Background and statutory framework

The request concerned an elected school board position and a part-time appointment to the municipal planning and zoning commission. The opinion quoted R.S. 33:104(F)'s rule for a parish or municipality whose home rule charter establishes a planning commission or assigns its functions to another body. It said that rule removed the R.S. 33:103(C)(1) restriction in Zachary's case.

Citations

• R.S. 42:61 et seq. (dual officeholding laws).
• R.S. 33:103(C)(1) (planning commission membership restriction).
• R.S. 33:104(F) (home rule charter exception).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0236

Original opinion text

July 28, 2005
OPINION 05-0236
71-1-B MUNICIPALITIES-HOME RULE CHARTER
Mr. Jonathon C. Benda
78 DUAL OFFICEHOLDING
R.S. 42:61 et seq., R.S. 33:103(C)(1)
P. O. Box 4412
Member of the Zachary Community School Board may also hold a part-time
Baton Rouge, LA 70802-5707
appointive position as a member of the Zachary Planning and Zoning
Commission.

You ask this office to advise you whether you may serve as a member of the Zachary Community School Board and also serve as an appointed member of the Zachary Planning and Zoning Commission. Our response to your question is “yes.”

First, the dual-officeholding laws, R.S. 42:61 et seq., do not prohibit you from holding both positions. Second, while R.S. 33:103(C)(1) requires members of a municipal planning commission to “hold no other public office,” there is an exception applicable to your case. R.S. 33:104(F) states:

F. Where a parish or municipality has adopted a charter for local self- government or other home rule charter and such charter provides for the establishment of a planning commission or otherwise provides for the functions of a planning commission to be performed by the governing authority or other board or commission, the provisions of this Subpart concerning membership, appointment, organization, and structure shall not be applicable. In such case, any parish or municipality with a home rule charter may avail itself of the power and authority granted herein to a planning commission; however, nothing herein shall diminish any power or authority already granted by a home rule charter or other law.

The City of Zachary has adopted a home rule charter which provides for the establishment of a planning commission. See attached Chapter 19 of the home rule charter, referenced as your “exhibit B”. Thus, the statutory prohibition of R.S. 33:103(C)(1) is removed. You may serve in both positions concurrently.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

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

Page 2

OPINION 05-0236

71-1-B MUNICIPALITIES-HOME RULE CHARTER
78 DUAL OFFICEHOLDING

R.S. 42:61 et seq., R.S. 33:103(C)(1)

Member of the Zachary Community School Board may also hold a part-time appointive position as a member of the Zachary Planning and Zoning Commission.

Mr. Jonathon C. Benda
P. O. Box 4412
Baton Rouge, LA 70802-5707

Date Received:
Date Released: July 28, 2005

KERRY L. KILPATRICK
ASSISTANT ATTORNEY