Could an elected Louisiana school board member also work as a deputy sheriff?

Plain-English summary

A Louisiana resident asked whether a deputy sheriff could also serve as an elected school board member. The AG said no. R.S. 42:63(D) expressly barred a school board member from holding any office or employment with a sheriff. The opinion applied that clause directly to deputy-sheriff service; it did not turn on a possible conflict in a particular school-board vote.

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 deputy sheriff keep that position after election to a school board?

The AG said the two roles could not be held at the same time under the statutory prohibition it quoted.

Did the opinion require proof that the deputy's duties conflicted with school-board work?

No. It applied the statute's categorical bar on a school board member holding office or employment with any sheriff.

Background and statutory framework

R.S. 42:63(D) contained several dual-officeholding restrictions. The AG relied on the clause forbidding members of parish governing authorities or school boards from holding office or employment with a sheriff, assessor, or clerk of court. That text resolved the deputy-sheriff question.

Citations

• R.S. 42:63(D) (school board and sheriff office or employment incompatibility).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0018

Original opinion text

February 3, 2006
OPINION 06-0018

Mr. Richard Parsons 78 DUAL OFFICEHOLDING
P. O. Box 568
R.S. 42:63(D)
Addis, LA 70710
Deputy Sheriff is prohibited from serving as elected member of the school
board.

Dear Mr. Parsons:

You have asked this office to advise you whether the law permits one to hold the position of deputy sheriff while serving as an elected member of the school board. R.S. 42:63(D) governs our response and states:

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).

An individual is prohibited from holding "any office or employment with any sheriff" while serving as school board member.

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 2

OPINION 06-0018

78 DUAL OFFICEHOLDING

R.S. 42:63(D)

Deputy sheriff is prohibited from serving as elected member of the school board.

Mr. Richard Parsons
P. O. Box 568
Addis, LA 70710

Date Received:
Date Released:

Kerry L. Kilpatrick
Assistant Attorney General