Could Cottonport's elected police chief work part time at a private store while off duty?

Plain-English summary

Cottonport's elected police chief asked whether he could work part time at a liquor or convenience store. The 2013 opinion concluded that the Lawrason Act and Louisiana's dual-officeholding law did not appear to bar private work during off-duty hours. The AG explained that the latter law concerned a person who "holds two or more public offices or public jobs"; the contemplated store work was private.

The answer had two limits. An ordinance setting the chief's duties and responsibilities could conflict with a particular private job, although the AG said the board of aldermen could not completely forbid private employment. The opinion also left potential ethics issues to the Louisiana State Board of Ethics.

Currency note

This opinion was issued in 2013. 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.

Historical summary

Elected chiefs in Lawrason Act towns

The AG read the chief's statutory law-enforcement duties as compatible with private off-duty employment in the circumstances described. The opinion did not decide whether a specific work schedule would conflict with a local ordinance defining those duties.

Boards of aldermen

The opinion said a board could establish specific chief-of-police duties by ordinance, which might conflict with outside employment. It also said the board could not impose a complete ban on the chief's private work.

Common questions

Could the elected chief work at a liquor or convenience store after hours?

The AG said the Lawrason Act and dual-officeholding law did not appear to prohibit the additional private employment. The chief asked about those two kinds of store work, and the AG's conclusion addressed private off-duty jobs.

Did Louisiana's dual-officeholding law apply to this private job?

The AG said it did not, because the law concerned multiple public positions and the store work was private.

Did the opinion clear any ethics issue with the job?

No. It said potential questions under the Code of Governmental Ethics could be addressed through an advisory ruling from the State Board of Ethics.

Background and statutory framework

The opinion described Cottonport as a Lawrason Act municipality. It quoted La. RS. 33:423 on an elected chief's municipal law-enforcement and personnel duties, and La. R.S. 42:61 on dual officeholding. It cited earlier AG opinions, Nos. 93-777 and 02-56, for the off-duty employment and local-ordinance points.

Citations

• La. RS. 33:423: chief-of-police duties quoted in the opinion.
• La. R.S. 42:61: dual-officeholding law the AG found inapplicable to private work.
• La. R.S. 42:1111: ethics provision the AG referred to the State Board of Ethics.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0016

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

~hth~ of 'lfiouisiana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
JAMES D. "BUDDY" CALDWELL
AnORNEY GENERAL

April 3, 2013
OPINION 13-0016

77 OFFICERS-Local & Municipal; Selection, Qualifications & Tenure; vacancies
78 DUAL OFFICEHOLDING

La. R.S.33 :321, et. seq La. R.S. 33:423 La. R.S. 42:61

Honorable Earnest Anderson, Jr.
A Lawrason Act chief of police may engage in part time private
Chief of Police
employment during his off-duly hours.
931 Bryan Street
P.O. Box 118
Cottonport, Louisiana 71327

Dear Chief Anderson:

Our office received your request for an opinion regarding whether you may work part time at a liquor store or convenience store while serving as the elected chief of police for the Town of Cottonport.

The Town of Cottonport is a political subdivision of the State of Louisiana operating under and governed by the Lawrason Act, La. RS. 33:321, et seq. The Act governs all municipalities that are not run by a recognized exception such as a home rule charter or a special legislative charter. 1

La. RS. 33:423 outlines the duties of a chief of police in a Lawrason Act municipality, and provides in pertinent part:

A. The marshal shall be the chief of police and shall be ex officio a constable. He shall have general responsibility for law enforcement in the municipality, and shall be charged with the enforcement of all ordinances within the municipality and all applicable state laws. He shall perform all other duties required of him by ordinance. In those municipalities governed by the provisions of this Part, RS. 33:321 et seq., which have a chief of police elected by the qualified voters thereof, he shall make recommendations to the mayor and board of aldermen for appointment of police personnel, for the promotion of officers, to effect disciplinary action, and for dismissal of police personnel. Such nominations or recommendations are to be made

1 La. R.S. 33:321.

Page 2

OPINION 13-0016
Chief Anderson
Page 2

regardless of race, color, disability, as defined in R.S. 51 :2232(11), or creed.

Our office has previously opined that nothing in the Lawrason Act prohibits an elected chief of police from holding private employment in his off-duty time. La. Atty. Gen. Op. No. 93-777. It is important to note that the board of aldermen could adopt an ordinance establishing the specific duties and responsibilities for the chief of police that may in turn conflict with your private employment, but the board cannot completely restrict the chief of police from holding private employment altogether. La. Atty. Gen. Op. No. 02-56.

Further, your private part time employment and your position as chief of police do not appear to be prohibited by the Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., as this law is concerned with situations where "a public official or employee holds two or more public offices or public jobs." La. R.S. 42:61. (emphasis added). Althou~h the position of chief of police in a Lawrason Act municipality is an elected position, the other private employment positions you may wish to hold simultaneously are clearly not public positions. We are of the opinion, therefore, that the restrictions of La. R.S. 42:61 et seq., do not come into play.

While there does not appear to be a violation of the Dual Officeholding and Dual Employment law, any potential ethical questions concerning this matter arising under the Code of Governmental Ethics, La. R.S. 42:1111, et seq., may properly be addressed by advisory ruling of the Louisiana State Board of Ethics. The Board may be contacted at P.O. Box 4368, Baton Rouge, Louisiana 70821, or by phone at 225-219­ 5600 to request such an advisory ruling.

In conclusion, it is the opinion of this office that the Lawrason Act and the Dual Officeholding and Dual Employment Law do not appear to prohibit an elected chief of police from simultaneously holding additional private off-duty employment. We hope that this opinion adequately addresses the legal issues you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JAMES D. "BUDDY" CALDWELL
ATIORNEY GENERAL

BY~ .!1p--J!C6v"LIJ esslca MP Thornhill
Assistant Attorney General

JDC: JMPT

2 La. R.S. 33:385.1.