Could a Baldwin police officer serve on Franklin's city council in Louisiana?

Plain-English summary

Baldwin's police chief asked whether a full-time Baldwin police officer could also be an elected councilman in Franklin. In this 2006 opinion, the Louisiana Attorney General concluded yes. Baldwin and Franklin were separate political subdivisions, and the cited dual-officeholding restriction barred an elective office and government employment in the same subdivision.

The distinction between employment and appointive office mattered. The AG treated the police officer as a municipal employee, not as the holder of an appointive office. It then applied the statute's separate rule for employment, which did not prohibit the officer's employment in Baldwin while holding elected office in Franklin.

Currency note

This opinion was issued in 2006. 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 a Baldwin police officer sit on Franklin's council?

The AG said yes. It treated the two municipalities as distinct political subdivisions, so the same-subdivision employment ban did not apply.

Would the answer have been the same if the officer worked for Franklin?

The opinion said the law prohibited holding local elective office while being employed by the same political subdivision. It did not approve simultaneous Franklin council service and Franklin municipal employment.

Was a police department employee an appointed officer under this analysis?

No. The AG classified the police position as employment under the dual-officeholding statute, despite the requester's suggestion that it was appointive office.

Did the opinion turn on whether the police job was full time?

The request described full-time police work, but the AG's conclusion on this employment pairing turned on the two positions being in different municipalities. The opinion separately quoted statutory definitions of full-time and part-time work.

Background and statutory framework

The AG quoted LSA-R.S. 42:63(D) on combinations of local elective office, other offices and government employment. Its employment clause applied to work in the same political subdivision as the elective office. The opinion also quoted the statutory definition of employment in R.S. 42:62(3) and treated each municipality as a separate subdivision.

Citations

• LSA-R.S. 42:63(D) (dual-officeholding and employment restriction).
• R.S. 42:62(3) (employment definition).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0422

Original opinion text

January 27, 2006
OPINION 05-0422

78 Officers-Dual Officeholding
Mr. Gerald Minor
R.S. 42:42:63(D); R.S. 42:62(9)
Chief of Police
The law does not prohibit one from holding the local elective office of
councilman and employment as a police officer in a separate political
Post Office Box 767
subdivision. The prohibition of law extends only to the holding of both
Baldwin, LA 70514
positions in the same political subdivision.

Dear Chief Minor:

You have asked this office to advise you whether a full time police officer employed by the Town of Baldwin may also hold the elective office of councilman for the City of Franklin.

The Dual Officeholding and Dual Employment laws of this state, LSA-R.S. 42:61, et seq., govern the legality of the concurrent holding of certain positions. These prohibitions are specified in the language of LSA-R.S. 42:63(D), which provides 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. . . .(Emphasis added).

The municipalities of Baldwin and Franklin are separate political subdivisions as defined in LSA-R.S. 42:63(9), stating:

(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 office of city councilman is a local elective office in the municipality, while a police officer holds municipal employment. There is a prohibition against holding local elective office and employment in the same political subdivision, but there is no prohibition

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Chief Gerald Minor
OPINION 05-0422
Page 2

against holding local elective office, such as city councilman, and holding employment in a separate political subdivision, such as police officer in another municipality.

Further, you suggest that a police officer holds appointive office; however, a police department employee holds a position of employment as defined by the dual officeholding laws.

For your further review, we quote the following pertinent sections of LSA-R.S. 42:62:

“Elective office” is defined as:

“…..means any position which is established or authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof, which is not a political party office and which is filled by vote of the citizens of this state or of a political subdivision thereof.” R.S. 42:62(1).

“Employment” is defined as:

“. . . .any job compensated on a salary or per diem basis, other than an elective or appointive office, in which a person is an employee of the state government or of a political subdivision thereof.” R.S. 42:62(3).

“Appointive office is defined as:

“. . . .any office in any branch of government or other position on an agency, board, or commission or any executive office of any agency, board, commission, or department which is specifically established or specifically authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof and which is filled by appointment or election by an elected or appointed pubic official or by a governmental body composed of such officials of this state or of a political subdivision thereof.” R.S. 42:62(2).

“Full time” is defined as:

“. . . . seven hours per day of work and at least thirty-five hours per week of work.” R.S. 42:62(4).

“Part time is defined as:

“. . . . .less than the number of hours of work defined as full time.” LSA- R.S. 42:62(5).

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Chief Gerald Minor
OPINION 05-0422
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In summary, the law does not prohibit one from holding the local elective office of councilman and employment as a police officer in a separate political subdivision. Thus, the officer employed by the Baldwin police department may also serve as councilman for the City of Franklin.

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

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Chief Gerald Minor
OPINION 05-0422
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OPINION 05-0422

78 Officers-Dual Officeholding

R.S. 42:42:63(D); R.S. 42:62(9)

The law does not prohibit one from holding the local elective office of councilman and employment as a police officer in a separate political subdivision. The prohibition of law extends only to the holding of both positions in the same political subdivision.

Mr. Gerald Minor
Chief of Police
Post Office Box 767
Baldwin, LA 70514

Date Received:
Date Released: January 27, 2006

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL