Could an Arcadia housing-authority commissioner also serve as an elected council member or mayor?

Plain-English summary

Arcadia's mayor asked whether someone could serve both as a municipal housing-authority commissioner and an elected city council member. The AG said yes for the part-time commissioner position described. The dual-officeholding law barred pairing a local elective office with a full-time appointive office, but the housing-authority seat was part-time. The opinion said the same reasoning allowed the commissioner to serve as mayor.

The distinction was the statutory classification of the appointed role, not a blanket rule permitting every housing-authority and elected-office pairing. The opinion quoted the then-applicable full-time and part-time hour definitions.

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 the Arcadia commissioner also be a council member?

The AG said yes because the commission seat was a part-time appointive office rather than a full-time one.

Did the same opinion address service as mayor?

Yes. It said the commissioner could also hold the local elective office of mayor on the same part-time reasoning.

Why did the commissioner’s hours matter?

The statute barred local elective office with a full-time appointive office. The AG described the commission seat as part-time and supplied the statute's hour definitions for further reference.

Background and statutory framework

The opinion applied LSA-R.S. 42:63(D) to an elected council or mayoral office paired with an appointed housing-authority commission seat. It cited LSA-R.S. 42:62(4) and (5) for the hour-based distinction between full-time and part-time positions.

Citations

• LSA-R.S. 42:63(D) (dual-officeholding prohibition discussed).
• LSA-R.S. 42:62(4) & (5) (full-time and part-time definitions cited).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0077

Original opinion text

April 20, 2006
OPINION 06-0077

Honorable Eugene Smith 78 OFFICERS- Dual Officeholding
Mayor
LSA-R.S. 42:63(D); LSA-R.S. 42:62(4) & (5)

P. O. Box 767
A commissioner on the Board of the Housing Authority, a part-time appointive
Arcadia, LA 71001
office, may also hold a local elective office in the same political subdivision.

Dear Mayor Smith:

You ask whether the law permits an individual to simultaneously hold the office of municipal housing authority commissioner and the elected office of city councilman. Our response is governed by the following provision of Louisiana's Dual Officeholding and Dual Employment law, stating:

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. LSA-R.S. 42:63(D).

The office of the city councilman is a local elective office; the housing commissioner is a part-time appointive office, which position is designated by the mayor. The dual officeholding statute quoted above prohibits one holding an elective office in a political subdivision of this state while holding a full-time appointive office in the government of a political subdivision. An appointment as Commissioner of the Housing Authority for the Town of Arcadia is not a full-time appointive office, and therefore the prohibition is not applicable.

It is permissible for an individual to hold the part-time appointive office of commissioner and either the elective office of mayor or councilman. For your further reference, note that a full-time position would require a person to work at least seven hours per day of work and at least thirty-five hours per week; a part-time position is less than the number of hours of work defined as full-time. LSA-R.S. 42:62(4) & (5).

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Mayor Eugene Smith
OPINION 06-0077
Page 2

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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Mayor Eugene Smith
OPINION 06-0077
Page 3

06-0077
78 OFFICERS- Dual Officeholding

LSA-R.S. 42:63(D); LSA-R.S. 42:62(4) & (5)

A commissioner on the Board of the Housing Authority, a part-time appointive office, may also hold a local elective office in the same political subdivision.

Honorable Eugene Smith
Mayor
P. O. Box 767
Arcadia, LA 71001

Date Received:
Date Released: April 20, 2006

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL