Could an elected Acadia Parish school board member also work as the parish librarian?

Plain-English summary

Acadia Parish asked whether its librarian could continue serving as an elected school board member. In 2005, the Attorney General said he could. The key distinction was that the parish library was an agency of the parish, while the school board was a separate political subdivision.

The AG read R.S. 42:63(D) as forbidding employment in the same political subdivision where a person holds local elective office. It relied on an earlier opinion that classified a parish library board as a parish agency rather than an independent special district. Under R.S. 42:62(9), the parish and school board counted as distinct subdivisions, so the school board member's parish-library employment did not fall within the same-subdivision ban. The opinion addressed the librarian employment described in the request.

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

Could the Acadia school board member keep working as parish librarian?

The AG said yes. It concluded that the elective school board role and parish-library employment were in separate political subdivisions.

Was the parish library board its own special district?

The AG relied on an earlier opinion saying it was an agency of the parish created to operate the library system for the police jury, rather than a separate special district.

What did the dual-officeholding rule forbid for local elected members?

As applied here, it barred employment in the same political subdivision as the elective office. The AG said that limitation did not reach this librarian job because the parish and school board were separate.

Background and statutory framework

The requester identified the current Acadia Parish Librarian, Lyle Johnson, as an elected Acadia Parish School Board member. The AG quoted R.S. 42:63(D) and the political-subdivision definition in R.S. 42:62(9). It drew on Attorney General Opinion 83-766 for the parish library board's status. The source footnote identified R.S. 25:211 to 25:223 as the local-library provisions.

Citations

• R.S. 42:63(D) (dual-officeholding and employment restriction).
• R.S. 42:62(9) (political-subdivision definition).
• R.S. 25:211 to 25:223 (local-library provisions identified in the opinion's footnote).
• Attorney General Opinion 83-766 (library-board analysis referenced by the AG).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0337

Original opinion text

November 7, 2005
OPINION 05-0337

78 Dual Officeholding
Mr. F. Douglas Wimberly
R.S. 42:61, et seq; R.S. 42:63(D); R.S. 42:62(9)
Elected school board member may hold employment as
Acadia Parish Police Jury
parish librarian.
900 South College Road, Suite 200
Lafayette, LA 70505-3951

Dear Mr. Wimberly:

You advise this office that the current Acadia Parish Librarian, Mr. Lyle Johnson, is also an elected member of the Acadia Parish School Board. You ask whether he may hold both positions without violating the Louisiana Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq.

Our response is governed by the provisions of R.S. 42:63(D), stating:

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. In addition no sheriff, assessor, or clerk of court shall hold any office or employment under a parish governing authority or school board, nor shall any member of any parish governing authority or school board hold any office or employment with any sheriff, assessor, or clerk of court. (Emphasis added).

In Attorney General Opinion 83-766, a copy of which is enclosed, this office summarized the laws relating to parishes, parish libraries, library boards of control and their functions and powers. As stated in that opinion a library board of control is not a “special district” or a “creature of the legislature”. It is an agency of the parish, created by the governing authority of the parish pursuant to authority granted by the legislature for the purpose of operating and administering the parish library system on behalf of the police jury.1 Thus, a library board is an agency of the parish, and the parish is a “political subdivision” of the state as defined in R.S. 42:62(9), providing:

1
The laws pertaining to local libraries are found in R.S. 25:211 to 25:223, et seq.

Page 2

Mr. F. Douglas Wimberly
OPINION 05-0337
Page 2

(9) “Political subdivision” means 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.

The parish and the school board are considered separate political subdivisions. While the law prohibits one from holding elective office and employment in the same political subdivision, the law does not prohibit one from holding elective office and employment in separate political subdivisions. We conclude Mr. Johnson may continue to hold both positions.

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. F. Douglas Wimberly
OPINION 05-0337
Page 3

OPINION 05-0337

78 Dual Officeholding

R.S. 42:61, et seq; R.S. 42:63(D); R.S. 42:62(9)

Elected school board member may hold employment as parish librarian because these positions are held in separate political subdivisions.

Mr. F. Douglas Wimberly
Acadia Parish Police Jury
900 South College Road, Suite 200
Lafayette, LA 70505-3951

Date Received:
Date Released: November 7, 2005

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL