Could a Louisiana school board member also work as a deputy clerk of court part time?

Plain-English summary

A Louisiana school board member asked whether she could also work as a deputy clerk of court. The Attorney General concluded that she could not. The provision the AG quoted barred a school board member from holding any office or employment with any clerk of court. Its wording did not depend on whether the clerk's position was full time or part time.

The opinion distinguished this absolute pairing restriction from the statute's separate definitions of full-time and part-time work. The hours attached to the deputy clerk job did not remove the school board and clerk conflict.

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 member keep a part-time deputy clerk job?

No. The AG said R.S. 42:63(D) barred any school board member from holding any office or employment with a clerk of court, regardless of whether the clerk's job was part time.

Did the opinion cover elected school board members?

Yes. The request came from an elected school board member, and the AG expressly concluded that an elected member could not hold the deputy clerk position.

Why did the opinion discuss full-time and part-time definitions?

Its footnote quoted R.S. 42:62(4) and R.S. 42:62(5), which defined those work schedules for the dual-officeholding law. The AG concluded that the distinction did not affect this particular bar.

Background and statutory framework

R.S. 42:63(D), as quoted in the opinion, addressed several combinations of government offices and jobs. The AG relied on its clause forbidding a school board member from holding any office or employment with a sheriff, assessor, or clerk of court. The opinion's footnote supplied the full-time and part-time definitions but did not apply an hours threshold to the school board and clerk pairing.

Citations

• R.S. 42:63(D) (school board member and clerk of court incompatibility).
• R.S. 42:62(4), R.S. 42:62(5) (work schedule definitions).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/06-0247

Original opinion text

October 26, 2006
OPINION 06-0247

78 DUAL OFFICEHOLDING
Ms. Debbie Collins
13315 Third Street
R.S. 42:63(D), R.S. 42:62(4) and (5)
Batchelor, LA 70715
Elected school board member may not legally hold any office or employment with the clerk of court.
Dear Ms. Collins:

You have asked this office to advise you whether you may hold the position of deputy clerk of court while serving as an elected member of the parish school board.

R.S. 42:63(D) of the Louisiana Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq., prohibits the concurrent holding of these positions. R.S. 42:63 (D) 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).

R.S. 42:63(D) prohibits “any member of any…school board…from holding… any office or employment with any…clerk of court.” Thus, the designation of your position with the clerk’s office as part-time or full-time does not remove the limitation of the law. 1

Page 2

Ms. Debbie Collins
OPINION 06-0247
Page 2

We conclude an elected school board member, and you in that capacity, may not hold any office or employment with the clerk of court.

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:arg
________
1 R.S. 42:62(4) and (5) define “full time and “part time” for purposes of the dual-officeholding law as follows:

(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.

Page 3

SYLLABUS

OPINION 06-0247

78 DUAL OFFICEHOLDING

Elected school board member may not legally hold any office or employment with the clerk of court.

Ms. Debbie Collins
13315 Third Street
Batchelor, LA 70715

Date Received:

Date Released: October 26, 2006

KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL