Could Acadia Parish's full-time HR director also sit on its part-time personnel committee?

Plain-English summary

Acadia Parish's human resources director asked whether she could keep her full-time police-jury job and serve on its Personnel Committee. The 2013 opinion concluded that the dual-officeholding law did not prohibit the combination. The AG classified the committee seat as a part-time appointive position; the statutory restriction it quoted addressed a second full-time government office or job.

The opinion did not decide whether the combination presented an ethics or conflict-of-interest issue. It directed those questions 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

Parish employee and committee

The AG's holding rested on the facts supplied: a full-time human resources job and a part-time personnel committee seat. Its footnote also cited an earlier AG opinion permitting a non-member of the police jury to serve on an advisory committee.

Parish officials

The opinion addressed only dual-officeholding restrictions. It said the State Board of Ethics was the forum for separate conflict or ethics concerns.

Common questions

Did full-time employment automatically bar the committee appointment?

No. The AG said the part-time character of the appointive committee position kept the quoted ban on two full-time roles from applying.

Did the AG decide whether the employee had a conflict of interest?

No. The opinion explicitly reserved that question for the State Board of Ethics.

Was the Personnel Committee seat treated as employment?

The AG characterized it as a part-time local appointive position, distinct from the requester's full-time local employment.

Background and statutory framework

The opinion classified the two roles using La. R.S. 42:62's definitions and quoted La. R.S. 42:63(E) on simultaneous full-time public roles. Because the committee seat was part time, the AG found no prohibition under that section.

Citations

• La. R.S. 42:61: dual-officeholding law discussed in the opinion.
• La. R.S. 42:62(2), (4), and (5): appointive office, full-time, and part-time definitions.
• La. R.S. 42:63(E): quoted restriction on two full-time public roles.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0033

Original opinion text

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

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

MAR 272013
OPINION 13-0033

78 DUAL OFFICEHOLDING

Donna Bertrand
La. RS. 42:61, et seq.
P.O. Box 457
The provisions of the Dual Officeholding and Dual Employment Law
do not prohibit a full time employee of a local municipality from being
Estherwood, LA 70534
appointed to a part time position on a local board.

Dear Ms. Bertrand:

You have requested an opinion of the Attorney General as to whether the Dual Officeholding Laws prevent you from working as a full time employee for the Acadia Parish Police Jury and serving on the Personnel Committee of the Police Jury.1 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 the Human Resources Director for the Acadia Parish Police Jury is considered full time 2 local employment. 3 Based on the information you provided, the position on the Personnel Committee is considered a part time4 local appointive position. 5

1 A non-member of the police jUry can serve on a police jury advisory committee. La. Atty. Gen. Op. No.
88-398.
2 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).
3 The dual officeholding law defines "employment" as any job compensated on a salary or per diem basis, other than an elective or appointive office or employment. La. R.S. 42:62(3).
4 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).
5 The dual officeholding law defines "appointive office" as any office in any branch of government or other position on an agency, board, or commission or any executive office of any agency, board, commission, or department which is specifically established or specifically authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof and which is filled by appointment or election by an elected or appointed public official or by a governmental body composed of such officials of this state or of a political subdivision thereof. La. R.S. 42:62(2).

Page 2

, - OPINION 13-0033
Ms. Donna Bertrand
Page No.2

The most applicable provision of the Dual Officeholding and Dual Employment Law is La. R.S. 42:63 (E), which state, 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.

Since the appointive position you hold is not full time the Dual Officeholding and Dual Employment Laws do not prohibit holding both of these positions simultaneously.

Please note that our expressed opinion relative to state law is limited to an examination of the dual officeholding provisions. Any concerns regarding a conflict of interest or an ethical issue should be address to 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
ATTORNEY GENERAL

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Assistant Attorney General
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