Could a Louisiana state representative serve on the Southern University Foundation board?

Plain-English summary

Representative Dalton Honore asked whether an elected official could serve on the Southern University Foundation board. The 2013 opinion treated the foundation as "a private, non-profit entity" and concluded that Louisiana's dual-officeholding law did not prohibit the combination. The law concerned multiple public offices or positions; the foundation board seat was private.

The opinion added that board service must not conflict with a state representative's constitutional duties. It did not resolve ethics-law questions, which it assigned 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

State legislators and private boards

For the foundation board role described, the AG found no dual-officeholding prohibition because one position was private. It separately flagged legislative duties under the state constitution, without deciding that a conflict existed.

Foundation and ethics officials

The opinion did not grant a general ethics clearance for private board service. It said the State Board of Ethics rendered advisory opinions under the Code of Governmental Ethics.

Common questions

Was the Southern University Foundation board treated as a public office?

No. The AG called the foundation a private nonprofit and treated its board membership as a private position for the dual-officeholding analysis.

Did the AG say a legislator could ignore possible conflicts with legislative duties?

No. It expressly said foundation board service must not conflict with duties imposed on a state representative by constitutional authority.

Did the opinion decide ethics-law compliance?

No. It referred ethical questions to the State Board of Ethics.

Background and statutory framework

The opinion classified the representative's seat as an "elective office" under La. R.S. 42:62(1), then asked whether the second role was public. Because it found the foundation private, it said La. R.S. 42:61 and related dual-employment restrictions did not apply to the two positions together. It cited article III of the Louisiana Constitution for legislative duties.

Citations

• La. R.S. 42:61: dual-officeholding law discussed by the AG.
• La. R.S. 42:62(1): definition of elective office quoted in the footnote.
• La. R.S. 42:1111: ethics provision referred to the State Board of Ethics.
• La. Const. art. III: legislative duties noted in the opinion.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0022

Original opinion text

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

~tat.e of 1fiouisiana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE

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

FEB 2 1 2013
OPINION 13-0022

78 DUAL OFFICEHOLDING

    Representative Dalton Honore                        La. Const. art. III         La. R.S. 42:61, et seq.

Louisiana House of Representatives
The provisions of the Dual Officeholding and Dual Employment Law
do not prohibit an elected official from serving on the Southern
District 63
University Foundation Board.
8776 Scenic Highway
Baton Rouge, Louisiana 70807

Dear Rep. Honore:

You have requested an opinion of the Attorney General as to whether an elected official can serve on the Southern University Foundation Board. Your request has been assigned to me for research and reply.

The provisions of the Dual Officeholding and Dual Employment Law, found at La. R.S.
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. Your current position as a state elected representative is an "elective office." 1 The other position you desire to hold is a board member of the Southern University Foundation. The Southern University Foundation is a private, non-profit entity. The Dual Officeholding and Dual Employment Laws, La. R.S. 42:61, et seq., are applicable only when the positions of office or employment are public in nature; the laws have no applicability where one of the positions is private.

Therefore, the Dual Officeholding and Dual Employment Laws do not prohibit holding both of these positions simultaneously. We do, however, point out that serving on this Board must not conflict with the duties imposed upon you in your capacity as a state representative by constitutional authority.2

Any ethical questions raised by this matter are within the jurisdiction of the Louisiana State Board of Ethics. The Board renders advisory opinions regarding the Louisiana

The dual officeholding law defined "elective office" as any position which is established or authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof, which is not a political party office, and which is filled by vote of the citizens of this. state or of a political subdivision. La. R.S. 42:62(1).
2
La. Const. art. III, titled the Legislative branch, addresses the role of a state representative.

Page 2

OPINION 13-0022
Representative Honore
Page No.2

Any ethical questions raised by this matter are within the jurisdiction of the Louisiana
State Board of Ethics. The Board renders advisory opinions regarding the Louisiana
Code of Governmental Ethics, La. R.S. 42:1111, et seq. The mailing address is P.O.
Box 4368, Baton Rouge, Louisiana 70821, phone 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

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