Could the Iberville Parish Finance Director also serve as an elected member of the parish school board?

Plain-English summary

This opinion was issued in 2006. In it, the AG addressed whether the Finance Director of Iberville Parish could also hold elected office as a member of the Iberville Parish School Board. At the time, the office concluded no.

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.

The AG's reasoning rested on La. R.S. 42:63(D), which at the time provided that no person holding an elective office in a political subdivision could simultaneously hold another elective office or a full-time appointive office in state or local government, and could not hold employment in the same political subdivision where he held an elective office.

The Iberville Parish Finance Director position was created by the parish's home rule charter (Article IV, Section 4-04), requiring the director to be a Certified Public Accountant with at least five years of relevant experience, appointed by the parish President subject to Council approval, and serving at the President's pleasure. The AG found this met the statutory definition of a full-time "appointive office" under La. R.S. 42:62(2) and (4), since the position was specifically established by the parish charter and filled by appointment, working the standard full-time schedule.

Because the requester already held an elected school board seat and the Finance Director role was a full-time appointive office, the AG concluded La. R.S. 42:63(D) barred holding both, and the requester could not legally hold the parish Finance Director position while serving as an elected school board member.

Common questions

Q: What was the school board member's situation that prompted this request?
A: The opinion does not describe the requester's specific circumstances beyond the direct question asked, whether the Finance Director of Iberville Parish could also hold elected office as an Iberville Parish School Board member. The framing suggests the requester was weighing or already navigating that combination.

Q: Does this opinion's conclusion depend on details specific to Iberville Parish's charter?
A: Yes. The classification of the Finance Director as a full-time appointive office rested specifically on the Iberville Parish Home Rule Charter's Article IV provisions creating that position and defining its hours and appointment method. A different parish's charter could define an equivalent position differently.

Background and statutory framework (as it stood in 2006)

The Dual Officeholding provision applied. La. R.S. 42:63(D), as quoted in the opinion, barred a person holding an elective office in a political subdivision from simultaneously holding another elective office, a full-time appointive office in state or local government, or employment in the same political subdivision where he held the elective office. It also separately barred sheriffs, assessors, and clerks of court from holding office or employment under a parish governing authority or school board, and barred parish governing authority or school board members from holding office or employment with a sheriff, assessor, or clerk of court.

The Iberville Parish Finance Director position. Created by the Iberville Parish Home Rule Charter, Article IV, Section 4-04, requiring the director to be a Certified Public Accountant with at least five years of managerial or administrative fiscal experience. Under Article IV, Section 4-01(B), the director was appointed by the parish President subject to Council approval and served at the President's pleasure, on a full-time basis meeting La. R.S. 42:62(4)'s definition (at least seven hours a day, thirty-five hours a week).

Charles C. Foti, Jr. was the Attorney General of Louisiana at the time this opinion issued. Kerry L. Kilpatrick signed the opinion as Assistant Attorney General.

Citations and references

Statutes (as they stood in 2006):
- La. R.S. 42:63(D) (bar on combining elective office with another elective office, full-time appointive office, or same-subdivision employment)
- La. R.S. 42:62(2) (definition of "appointive office")
- La. R.S. 42:62(4) (definition of "full time")

Other sources:
- Iberville Parish Home Rule Charter, Article IV, Section 4-04 (Finance Director qualifications)
- Iberville Parish Home Rule Charter, Article IV, Section 4-01(B) (Finance Director appointment and tenure)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0218

Original opinion text

October 20, 2006
OPINION 06-0218

78 DUAL OFFICEHOLDING
R.S. 42:63(D), R.S. 42:62(2), R.S. 42:62(4)

Mr. Randall W. Dunn
58115 Elm Street
Plaquemine, LA 70764

Individual is prohibited from holding both full time appointed office as parish finance director and the local elected office of parish school board member.

Dear Mr. Dunn:

You asked this office to advise whether the Finance Director of Iberville Parish may also hold an elected office as member of the Iberville Parish School Board.

R.S. 42:63(D) governs our response and provides:

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).

The Finance Director holds "appointive office" as defined by R.S. 42:62(2) because the position is one that is "specifically established... by the charter... of any political subdivision... which is filled by appointment... by an elected or appointed public official or by a governmental body composed of such officials...". The Iberville Parish Charter creates the position of Finance Director in Article IV, Section 4-04 providing in part:

Section 4-04 Department of Finance.

A. The director of the Department of Finance, at the time of appointment, shall be a Certified Public Accountant and have at least five (5) years experience in a responsible managerial or administrative fiscal position.

The position is one which is "appointed by the President, subject to Council approval" and further the Finance Director "shall serve at the pleasure of the President." See Iberville Parish Charter at Article IV, Section 4-01(B).

The position is held on a full-time basis, as provided by R.S. 42:62(4) defining "full time" as "the period of time which a person normally works... 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."

Because of the prohibition set forth in R.S. 42:63(D), a person may not concurrently hold a full time appointive office while serving as elected school board member. Thus, you may not legally hold the position of Finance Director for the parish and serve as parish school board member.

Very truly yours,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

BY: KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:arg

SYLLABUS

OPINION 06-0218

78 DUAL OFFICEHOLDING

Individual is prohibited from holding both full time appointed office as parish finance director and the local elected office of parish school board member.

Mr. Randall Dunn
58115 Elm Street
Plaquemine, LA 70764

Date Received:

Date Released: October 20, 2006

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL