Could a full-time Crowley fire captain serve part-time on an Acadia Parish fire district board?

Plain-English summary

A Crowley fire captain asked whether he could continue his full-time city job while serving part-time on an uncompensated fire protection district board in another part of Acadia Parish. The 2013 opinion concluded that the dual officeholding law did not prohibit the two positions together. Its applicable restriction concerned simultaneous full-time government positions, while the board role described was part-time.

The AG confined the opinion to Louisiana’s dual officeholding rules. It expressly did not decide civil service rules and referred ethics questions to 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

Fire department employees

For the positions described, the AG classified the captain's city job as full-time local employment and the district board seat as a part-time local appointive position. That distinction resolved the dual officeholding question.

Fire district boards

The AG's conclusion rested on the board position being part-time and on the facts given about the separate district. It did not extend the analysis to a full-time board post.

Common questions

Could a Crowley fire captain join a fire district board outside the city?

The AG said the dual officeholding law allowed this particular full-time city job and part-time board combination.

Would the answer be the same for two full-time positions?

The opinion quoted a statutory bar on holding another full-time appointive office or full-time government employment while already holding a full-time appointive office or employment. It did not approve a two-full-time-role arrangement.

Did the opinion clear civil service and ethics issues?

No. The AG limited its answer to dual officeholding, declined to address possible civil service rules, and directed ethics concerns to the State Board of Ethics.

Background and statutory framework

The opinion applied La. R.S. 42:63 (E) after classifying the two roles under Louisiana’s dual officeholding provisions. Because the district board seat was part-time, the AG found that subsection's full-time combination restriction inapplicable.

Citations

• La. R.S. 42:61: dual officeholding law cited by the opinion.
• La. R.S. 42:63 (E): restriction the AG applied to the two roles.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/13-0069

Original opinion text

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

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

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

JUN 282013
OPINION 13-0069

71-1-1 MUNICIPAL FIRE AND POLICE CIVIL SERVICE 78 DUAL OFFICEHOLDING
Chad Monceaux
604 W. 14th Street
La. R.S. 42:61, et seq.

Crowley, Louisiana 70526
The Dual Officeholding and Dual Employment Laws, La. R.S. 42:61, et
seq., do not prohibit a Fire Captain with the City of Crowley Fire Department who works fUll time in that position, from serving part time
Dear Mr. Monceaux: on a Fire Protection District Board covering another area of Acadia
Parish.

You have requested an opinion of the Attorney General as to whether the Dual Officeholding Laws prevent you from working as a full time <;aptain for the Crowley Fire Department and serving on a newly created Fire Protection District 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 Fire Captain with the Crowley Fire Department is considered classified, full time,1 local employment. 2 Based on the information you provided, the position on the Fire Protection District Board is considered a part time,3 local appointive position. 4 You have further stated that this Fire Protection District does not include the City of Crowley and is an uncompensated position.

1 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).
2 The dual officeholding law defines "employment" as any job compensated on a salary or per diem basis, other than an elective or appointive office in which a person is an employee of the state government or of a political subdivision thereof. La. R.S. 42:62(3).
3 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).
4 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 13-0069
Mr. Chad Monceaux
Page No.2

The most applicable provision of the Dual Officeholding and Dual Employment Law is La. R.S. 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 cbmbination 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. It does not address any civil service rules which might be applicable. Any concerns regarding a conflict of interest or an ethical issue should be addressed 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

essica MP Thornhill
Assistant Attorney General
JDC: JMPT