Ezel / AG Opinions / LA

Could a Lockport zoning commissioner also work full time as a parish permits coordinator?

Short answer Yes. The AG concluded that Lockport's part-time zoning commissioner could also work full time as a parish permits coordinator. The parish job was employment, not another public office barred by the planning-commission statute.
State
Louisiana
Opinion
La. Atty. Gen. Op. 05-0248
Issued
July 26, 2005
Issued by
Office of the Louisiana Attorney General
Requested by
Terry Ledet, Town of Lockport Zoning Commission
Source
View official page

Apply this to your situation

This page answers the general question as of 2005. Ask about yours and see what current Louisiana law means for your facts, with citations you can check.

Disclaimer: This is an official Louisiana Attorney General opinion. AG opinions are advisory; they inform Louisiana officials but are not binding precedent like a court ruling. This summary is informational and is not legal advice. Consult a licensed Louisiana attorney before relying on the opinion for a specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page as an official web page) is the authoritative source for any reliance.
View original AG opinion (official page)

Plain-English summary

A part-time member of Lockport's zoning commission asked whether he could also take full-time parish employment as a permits coordinator. The Attorney General concluded he could hold both positions. It said the dual officeholding and dual employment laws did not forbid a local part-time appointive office together with full-time employment in a political subdivision.

The opinion also examined R.S. 33:103C(1), which required planning commission members to hold no other public office. The AG found that a parish permits coordinator was an employment position, not a public office under the cited definition, so that restriction did not bar the combination.

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 laws prohibit this zoning seat and parish job?

No. The AG said they did not prohibit a local part-time appointive office together with full-time employment in a political subdivision.

Why did the planning commission's other-office rule not apply?

The AG said the parish permits coordinator position was employment rather than another public office, so R.S. 33:103C(1)'s restriction did not bar it.

Did the opinion say that any second public office was allowed?

No. Its answer rested on the distinction between employment and public office in the specific positions presented.

Background and statutory framework

The request involved a Town of Lockport zoning commissioner and a parish permits coordinator. The AG considered both the general dual officeholding laws and the planning commission membership rule. It quoted R.S. 42:1's definition of public office and classified the coordinator job as employment.

Citations

  • R.S. 42:61, et seq. (dual officeholding and employment laws).
  • R.S. 33:103C(1) (planning commission other-office restriction).
  • R.S. 42:1 (public office definition).

Source

Original opinion text

July 26, 2005
OPINION 05-0248

Mr. Terry Ledet
78 Dual Officeholding
R.S. 42:61, et seq., R.S. 33:103C(1), R.S. 33:103
306 Lafourche Street
Member of Lockport Zoning Commission may hold full-time
Lockport, LA 70374
employment as permits coordinator for the parish.

Dear Mr. Ledet:

You advise that you currently serve as part-time commissioner for the Town of Lockport Zoning Commission. You ask if you may also hold full-time employment with the parish as permits coordinator. The provisions of the Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq., do not prohibit one from holding local part-time appointive office and full-time employment in a political subdivision of the state.

However, R.S. 33:103C(1) is of potential concern and states:

C.(1) All members of a commission, whether a parish or a municipal planning commission, shall serve without compensation, except as otherwise provided by this Paragraph or as otherwise provided by law, and shall hold no other public office, except they may also serve as members of any duly constituted regional commission of which their parish or municipality forms a part. (Emphasis added).

“Public office” is defined by R.S. 42:1 as “any state, district, parish or municipal office, elective or appointive, or any position as member on the board or commission, elective or appointive, when the office or position is established by the constitution and laws of this state. ‘Public officer’ is any person holding a public office in this state”.

Because the position with the parish is an employment and not a public office, you are not prohibited by R.S. 33:103 from holding both positions.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

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

Page 2

OPINION 05-0248

78 Dual Officeholding

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

Member of Lockport Zoning Commission may hold full-time employment as permits coordinator for the parish.

Mr. Terry Ledet
306 Lafourche Street
Lockport, LA 70374

Date Received:
Date Released: July 26, 2005

Kerry L. Kilpatrick
Assistant Attorney General

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