Could a Kenner firefighter also work full time for another Louisiana fire department?

Plain-English summary

A Kenner firefighter asked if he could also work full time for the Third District Fire Department. The 2013 opinion concluded that the state's dual-officeholding and dual-employment law prohibited holding two full-time public firefighter positions, even though the jobs were in different departments. The AG quoted the rule that a person in full-time state or local government employment may not simultaneously hold another full-time government job.

The opinion cited an earlier AG opinion allowing a second part-time firefighter job. It expressly limited its own state-law review to dual officeholding; local civil-service rules and ethics questions were left to the fire and police civil-service board and the 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

Firefighters considering a second public job

The AG classified both jobs described in the request as full-time local government employment. That classification led to the prohibition. A footnote quoted the then-applicable full-time definition as at least seven hours per day and thirty-five hours per week.

Fire departments and civil-service boards

The opinion did not determine whether separate civil-service rules permitted the employment arrangement. It directed the requester to the local fire and police civil-service board for that question.

Common questions

Did working for different fire departments avoid the dual-employment rule?

No. The AG said the prohibition covered two full-time government positions even though they were with different departments.

Could the second firefighter job be part time?

The opinion cited an earlier AG opinion saying a full-time firefighter could hold a second part-time firefighter position. It did not decide the civil-service or ethics consequences of a specific part-time job.

Did the AG clear the arrangement under ethics law?

No. It said potential ethics questions under the Code of Governmental Ethics belonged before the State Board of Ethics for an advisory ruling.

Background and statutory framework

The opinion applied La. R.S. 42:63(E)'s ban on two full-time government roles to the facts supplied. Its footnotes quoted La. R.S. 42:62(4) and (5) on full-time and part-time employment, and it cited AG Opinion 09-0053 on a second part-time fire job.

Citations

• La. R.S. 42:63(E): simultaneous full-time public employment prohibition, quoted in the opinion.
• La. R.S. 42:62(4) and (5): full-time and part-time definitions.
• La. R.S. 42:1111: ethics provision the AG left 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/13-0021

Original opinion text

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

~tat£ of ifiouisiana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE

JAMES D. "BUDDY" CALDWELL
70804-9005
ATIORNEY GENERAL

FEB 2 1 2013
OPINION 13-0021

78 DUAL OFFICEHOLDING
Mr. James L. Mazerat
10416 Dart Street
La. R.S. 42:61, et seq.
River Ridge, Louisiana 70123
The provisions of the Dual Officeholding and Dual Employment Law
prohibit a full time firefighter from holding a second full time position as a firefighter in a different department.
Dear Mr. Mazerat:

You have requested an opinion of the Attorney General as to whether a full time firefighter with the City of Kenner can also work full time with the Third District Fire Department. Your request has been assigned to me for research and reply.

The provisions of the Dual Officeholding and Dual Employment Law, found at La. RS.
42:61 et seq., govern questions concerning the ability to hold two or more public offices and/or positions simultaneously.

Classifying the correct nature of the positions is essential for the purposes of applying the dual officeholding provisions. Based upon the facts that you provided to our office, your employment with City of Kenner as a firefighter is "full time" local employment and falls within the classified system. 1 Your work with the Third District Fire Department would also be characterized as full time local employment.

Although both positions are with different fire departments, the Dual Officeholding and Dual Employment Law would not allow you to hold both of these positions. Holding two full time positions is prohibited by La. RS. 42:63 (E), which states, in pertinent part:

E. No person holding a full-time appointive office or full-time employment in the government of this state or of a political subdivision thereof shall at the same time hold another full-time appointive office or full-time employment in the government of the state of Louisiana, in the government of a political subdivision thereof, or in a combination of these.

The dual officeholding law defines "full time" as 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. La. R.S. 42:62(4).

Page 2

OPINION 13-0021
Mr. Mazerat
Page No.2

Our office has previously opined that a full time firefighter may hold a second employment as a firefighter if that position is part time. 2 La. Atty. Gen. Op. No. 09-0053.

Please note that our expressed opinion relative to state law is limited to an examination of the dual officeholding provisions and does not address any civil service regulations applicable to you. To ensure there is no conflict at that level please contact your local fire and police civil service board.

Further, any potential ethical questions concerning this matter arising under the Code of Governmental Ethics, La. R.S. 42:1111, et seq., must 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.

We hope that this opinion has adequately addressed 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 !J 1\ .'1"H"A---t

ssica MP Thornhill
Assistant Attorney General
JDC: JMPT

2
The dual officeholding law defines "part time" as 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. La. R.S. 42:62(5).