Could a Bryceland alderman also serve on the North Bienville fire district board?

Plain-English summary

The AG concluded that an elected Bryceland alderman could also serve as a North Bienville Parish Fire Protection District commissioner. The alderman position was elective office, while the fire board seat was a part-time appointive office. The dual-officeholding provision reviewed in the opinion barred a local elected official from also holding a full-time appointive office; it did not bar the part-time appointment described.

The answer depended on how the second office was classified under the then-current definitions. The AG also identified the statute under which fire district board members were appointed.

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

Did election as alderman bar the fire board appointment?

The AG said no for the part-time commissioner role described in the request.

Why did part-time status matter?

The opinion applied R.S. 42:63's restriction on combining a local elective office with a full-time appointive office. It classified this fire district board seat as part-time under R.S. 42:62.

Did the AG treat the fire board seat as employment?

No. It described the seat as appointive office and applied the statutory officeholding categories, including the fire district board appointment statute.

Background and statutory framework

R.S. 42:63 supplied the dual-officeholding restriction, while R.S. 42:62 defined elective office, appointive office, full-time, and part-time. The opinion applied those definitions to the two positions and cited R.S. 40:1496(B) for the fire board's appointment structure.

Citations

• R.S. 42:63 and R.S. 42:62 (dual officeholding and office classifications).
• R.S. 40:1496(B) (fire district board appointments).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0146

Original opinion text

June 28, 2006
OPINION 06-0146

78 DUAL OFFICEHOLDING
Mr. Robert A. Moore
R.S. 42:63; R.S. 42:62
Assistant District Attorney
Alderman may serve as part-time appointed commissioner for
parish fire protection district board.
100 Courthouse Drive, Room 100
Arcadia, LA 71001

Dear Mr. Moore:

You have asked this office to advise you whether an elected alderman for the Village of Bryceland may also serve as a member of the North Bienville Parish Fire Protection District Board.

To resolve your question, reference to the following provisions of R.S. 42:63, dealing with dual officeholding, is necessary:

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).

“Elective office”, “appointive office”, “full-time”, and “part-time” are defined by LSA-R.S. 42:62 as follows:

(1) “Elective office” 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.

(2) “Appointive office” means 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

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Mr. Robert A. Moore
OPINION 06-0146
Page 2
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.

(4) “Full-time” means the period of time which a person normally works or is expected to work in an appointive office or employment and which is at least seven hours per day of work and at least thirty-five hours per week of work.

(5) “Part-time” means the period of time which a person normally works or is expected to work in an appointive office or employment which is less than the number of hours of work defined in this Section as full time.

An alderman holds local elective office. A member of the board of commissioners of the fire protection district holds part-time appointive office. The law does not prohibit this arrangement, as the second position is held on a part-time basis.

The appointment to the fire protection district board is made pursuant to R.S. 40:1496(B), stating:

§1496. Appointment of members of board; term; vacancies

A. The board of commissioners shall consist of five members. B. In the case of a district comprising all or part of a single parish, members shall be appointed as follows:
(1) In the case where no municipality is included within the boundaries of a district lying within a single parish, the parish governing authority shall appoint the five members. The members so appointed shall elect the chairman of the board.

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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Mr. Robert A. Moore
OPINION 06-0146
Page 3

OPINION 06-0146

78 DUAL OFFICEHOLDING

R.S. 42:63; R.S. 42:62

Alderman may serve as part-time appointed commissioner for parish fire protection district board.

Mr. Robert A. Moore
Assistant District Attorney
100 Courthouse Drive, Room 100
Arcadia, LA 71001

Date Received:
Date Released: June 28, 2006

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL