Can Iberville Parish's finance director also serve on the elected school board?

Plain-English summary

An Iberville Parish requester asked whether its finance director could also hold an elected seat on the parish school board. The Attorney General said no. The parish charter created a full-time appointed finance director position, and R.S. 42:63(D) prohibited combining a local elected office with a full-time appointive office in state or local government.

The opinion did not say whether the requester already held either position. Its legal conclusion depended on the charter-defined finance director role: the director was appointed by the parish president with council approval and served at the president's pleasure. The AG applied the statutory full-time definition, which used at least seven hours per workday and thirty-five hours per week.

Currency note

This opinion was issued in 2006. Later statutory amendments, charter changes, court decisions, or AG opinions may have changed the analysis. Check current law and the parish charter before accepting both positions.

What this means for you

Finance directors and school-board candidates

Review whether the director position still has the appointment and full-time characteristics the AG identified. Under the law applied here, those characteristics made the finance directorship incompatible with an elected parish school-board seat.

Parish and school-board personnel officials

Classify a proposed second public role using the charter and the dual-officeholding definitions before hiring or seating someone. The AG relied on the office's creation and appointment process, not simply on its title.

Common questions

Why was the finance director an appointed office?

The AG pointed to the Iberville charter's creation of the position and its appointment by the parish president subject to council approval. That matched R.S. 42:62(2)'s definition.

Did the hours of work matter?

Yes. The opinion treated the position as full time under R.S. 42:62(4), which described at least seven hours per workday and thirty-five hours per week for an appointive office or employment.

Did the AG decide the requester's personal employment history?

No. The letter asked whether the two offices could be held together, but did not say that the requester already held the elected seat or the finance director job.

Background and statutory framework

R.S. 42:63(D) barred a local elected official from simultaneously holding a full-time appointive office in state or local government. R.S. 42:62(2) defined appointive office, and R.S. 42:62(4) defined full time. The AG matched those definitions to the Iberville charter's finance director provisions and concluded that the two offices could not be held concurrently.

Citations

• R.S. 42:63(D) (local elective and full-time appointive offices).
• R.S. 42:62(2) (appointive office).
• R.S. 42:62(4) (full-time definition).

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

Mr. Randall W. Dunn
R.S. 42:63(D), R.S. 42:62(2), R.S. 42:62(4)
58115 Elm Street
Individual is prohibited from holding both full
Plaquemine, LA 70764
time appointed office as parish finance
director and the local elected office of parish
Dear Mr. Dunn: school board member.

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.

Page 2

Mr. Randall Dunn
OPINION 06-0218
Page 2

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

Page 3

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