Could Maringouin's elected police chief also work full time as an Iberville Parish deputy sheriff?

Plain-English summary

An alderman asked whether Maringouin's elected police chief could also be a full-time deputy sheriff in Iberville Parish. In 2005, the Attorney General said yes because a specific exception to Louisiana's dual-officeholding law applied to the town.

The AG first classified a deputy sheriff as an appointive office and noted that R.S. 42:63(D) generally prohibited a local elected official from holding a full-time appointive office at the same time. R.S. 42:66(M), however, said that a chief of police in a municipality with fewer than 5,000 residents according to the 1990 federal decennial census was not barred from holding the office of deputy sheriff. The AG said Maringouin had fewer than 5,000 residents and therefore allowed the described 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 mentioned here.

Common questions

Did the ordinary dual-officeholding rule allow both positions?

No. The AG said that rule generally barred the elected chief from also holding a full-time appointive deputy-sheriff office. Its answer for Maringouin depended on the separate small-municipality exception.

Why did Maringouin qualify for the exception?

The opinion found the town had fewer than 5,000 residents. The quoted exception measured that threshold by the 1990 federal decennial census.

Was the deputy-sheriff role an appointive office?

Yes. The AG relied on R.S. 33:1433's authorization for sheriffs to appoint deputies and classified the position as an appointive office under R.S. 42:62(2).

Background and statutory framework

The question concerned the elected Town of Maringouin police chief and a full-time Iberville Parish deputy-sheriff appointment. The AG read the general bar in R.S. 42:63(D) together with R.S. 42:66(M)'s express exception for police chiefs of qualifying small municipalities. It cited R.S. 33:1433 to establish the appointive nature of deputy-sheriff service.

Citations

• R.S. 42:63(D) (general dual-officeholding restriction).
• R.S. 42:62(2) and R.S. 33:1433 (appointive-office classification and deputy authority).
• R.S. 42:66(M) (small-municipality exception quoted by the AG).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0328

Original opinion text

November 9, 2005
OPINION 05-0328

Alderman Stanley Washington
78 Dual Officeholding
P. O. Box 10
R.S. 42:66(M)
Maringouin, LA 70757
Chief of police of Town of Maringouin may hold office of deputy
sheriff, as the town has a population of less than five thousand.

Dear Alderman Washington:

You ask if the elected chief of police of the Town of Maringouin may also be a full-time deputy sheriff with the Iberville Parish Sheriff’s Department.

The Dual Officeholding and Dual Employment Law, R.S. 42:61, et seq., governs our response. R.S. 42:63(D) pertains to the holding of prohibited positions and 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……

The position of deputy sheriff is considered an appointive office under R.S. 42:62(2) because it is an "office in any branch of government... which is specifically established or specifically authorized by the...laws of this state...and which is filled by appointment... by an elected...public official." The position of deputy sheriff is specifically provided or authorized by law, as R.S. 33:1433 provides in part:

A.(1) The sheriff of each parish and the civil and criminal sheriffs of the parish of Orleans may appoint as many deputies as necessary, but not more than authorized by law.
(2) In all parishes except the parish of Orleans, the deputies shall, before entering on their duties, take the oath of office. The appointment and oath must be entered on the records of the court.

The chief of police of the Town of Maringouin is an elected public official.

Page 2

Mr. Stanley Washington
Opinion 05-0328
Page 2

While R.S. 42:63(D) quoted above would generally prohibit an elected police chief from concurrently holding a full-time appointed position of deputy sheriff, there is an exception in the law applicable in this case. R.S. 42:66(M) states:

M. Nothing in this Part shall be construed to prohibit a chief of police of a municipality with the population of less than five thousand according to the 1990 federal decennial census from holding the office of deputy sheriff.

The Town of Maringouin has a population of less than five thousand. Thus, the elected chief of police of the Town of Maringouin is not prohibited from holding the offices of elected chief of police and deputy sheriff.

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 3

Mr. Stanley Washington
Opinion 05-0328
Page 2

OPINION 05-0328

78 Dual Officeholding

R.S. 42:66(M)

Chief of police of Town of Maringouin may hold office of deputy sheriff, as the town has a population of less than five thousand.

Alderman Stanley Washington
P. O. Box 10
Maringouin, LA 70757

Date Received:
Date Released: November 9, 2005

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL