Could a Louisiana parish councilman also work full time for the parish school board?

Plain-English summary

Jeff Kershaw asked whether he could remain a full-time maintenance supervisor for the West Baton Rouge School Board while serving as an elected parish councilman. The Louisiana Attorney General answered yes. For the dual officeholding law, the parish governing authority and the school board were separate political subdivisions.

The opinion explained that an elected local official could not simultaneously be employed by the same political subdivision in which the official held office. It found that prohibition did not reach this councilman’s job with the separate school board. The answer was tied to those two positions, not a general exemption for every public job.

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 Kershaw keep both the council seat and school board job?

Yes. The AG concluded the separate political-subdivision status of the parish council and school board permitted the two roles described.

Why did working for the school board make a difference?

The opinion said the law barred an elected local official from employment with the same political subdivision. It treated the school board as a different one from the parish governing body.

Did the opinion decide every dual-employment conflict?

No. It answered whether this elected councilman could keep this full-time maintenance-supervisor job. The opinion did not analyze other combinations of offices and jobs.

Background and statutory framework

The opinion applied the Louisiana Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq. Its footnotes quoted the definition of a political subdivision and the restriction on simultaneous local elective office and government employment. The AG also said its conclusion accorded with Attorney General Opinions 93-69 and 85-247.

Citations

• R.S. 42:61, et seq. (dual officeholding and dual employment laws).
• Attorney General Opinions 93-69 and 85-247 (prior opinions the AG said were consistent with its answer).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0159

Original opinion text

June 28, 2006
OPINION 06-0159

Mr. Jeff Kershaw
78 DUAL OFFICEHOLDING
2041 Holly Wood Ct.
R.S. 42:61, et seq.
Port Allen, LA 70767
Elected parish councilman may hold employment as
maintenance supervisor for parish school board.
Dear Mr. Kershaw:

You have asked this office to advise whether you may legally retain your full-time employment as maintenance supervisor for the West Baton Rouge School Board while serving as elected councilman in West Baton Rouge Parish.

Under the Louisiana Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq., the police jury and the school board are two separate political subdivisions.1 While the law prohibits one from holding local elective office and employment in the same political subdivision, the law does not prohibit one from holding elective office and employment in a separate political subdivision.2

Thus, you as parish councilman may hold employment as maintenance supervisor for the parish school board. In accord with our conclusion herein are Attorney General Opinions 93-69 and 85-247, copies attached.

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

1
(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. 2 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).

Page 2

OPINION 06-0159

78 DUAL OFFICEHOLDING

R.S. 42:61, et seq.

Elected parish councilman may hold employment as maintenance supervisor for parish school board.

Mr. Jeff Kershaw
2041 Holly Wood Ct.
Port Allen, LA 70767

Date Received:
Date Released: June 28, 2006

KERRY KILPATRICK
ASSISTANT ATTORNEY GENERAL