Could a Kenner council member also serve as an unpaid reserve police officer?

Plain-English summary

In 2015, the Louisiana Attorney General concluded that the state Dual Officeholding and Dual Employment Law did not bar a Kenner city council member from also serving as an uncompensated reserve police officer. The state statute defined public "employment" as a job paid by salary or per diem. Separately, Kenner's charter barred council members from holding another compensated city position. On the facts supplied, the reserve role was not paid by the city.

The opinion acknowledged reports of private-company payments to reserve officers for off-duty services arranged through the city. The AG said that did not change this limited dual-officeholding analysis because there was no evidence that city dollars were appropriated or disbursed to reserve officers. It did not resolve Governmental Ethics Code questions.

Currency note

This opinion was issued in 2015. 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.

Common questions

Why did the reserve officer role not count as city employment?

The AG relied on the statutory definition requiring salary or per diem compensation from the government. The request said the council member received no city compensation for reserve service.

Did Kenner's charter forbid the combination anyway?

No, on the stated facts. The charter prohibited another compensated city position, and the AG treated this reserve role as uncompensated by Kenner.

What if a private business paid for off-duty police work?

The opinion's footnote said that reported private-company payments through the city did not change its dual-officeholding conclusion without evidence of city funds being appropriated or disbursed. It did not decide other legal issues arising from that arrangement.

Did the AG clear the council member under ethics law?

No. It expressly left ethics questions to the Louisiana State Board of Ethics.

Background and statutory framework

A Kenner council member asked whether he could also volunteer as a reserve officer. The AG applied the state definition of employment in La. R.S. 42:62(3) and the charter's ban on another compensated city position. It found no prohibition under those provisions on the facts described.

Citations

• La. R.S. 42:62(3) (salary or per diem public-employment definition).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/14-0094

Original opinion text

~tate of 1fiouisiana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
70804-9005
JAMES D. "BUDDY" CALDWELL
AITORNEY GENERAL

April 29, 2015
OPINION 14-0094

78 Dual Officeholding
Honorable Michael Sigur
Council Member
La. R.S. 42:61 et seq.

City of Kenner
The provisions of the Dual Officeholding and Dual Employment Law
2201 Florida Ave.
do not prohibit a member of the Council for the City of Kenner from
serving as a reserve police officer for the City of Kenner.
Kenner, Louisiana 70062

Dear Mr. Sigur:

Our office received your request for an opinion regarding whether you as a member of the Council for the City of Kenner are prohibited from serving as a reserve police officer for the Kenner Police Department.

The provisions of the Dual Officeholding and 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 held is essential for the purposes of applying the dual officeholding provisions.

The City of Kenner is a local governmental subdivision operating under a home rule charter under the authority of Article VI, § 5 of the Louisiana Constitution of 1974. A member of the Council for the City of Kenner holds an "elective office" for the purposes of the dual officeholding laws.'

La. R.S. 42:62(3) which defines "employment" as used in the dual officeholding laws provides in pertinent part:

"Employment" means 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 a political subdivision thereof.

In order for your service as a reserve police officer to be considered a position of "employment" for the purposes of the dual officeholding laws, you must be compensated on a salary or per diem basis by the City of Kenner. You indicate in your

I "Elective office" means 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 for this state or of a political subdivision thereof. La. R.S.
42:62(1 ).

Page 2

OPINION 14-0094
Mr. Michael Sigur
Page 2

request that you receive no compensation from the City of Kenner for your volunteer services as a reserve police officer.2

In similar factual situations, this office opined that reserve police officers do not hold a position of "employment" as defined by La. R.S. 42:62(3) for the purposes of the dual officeholding laws. See La. Atty. Gen. Op. Nos. 13-0053, 07-0167, 06-0237, 02-0249 and 91-0323.

Also relevant is Article IX, Section 9.04 of the Kenner Home Rule, specific to dual officeholding, which provides "No elected official provided in the Charter may hold any other elected public office, nor may he hold any other compensated position with the City."

According to the information provided to this office, reserve police officers do not hold a compensated position with the City of Kenner. The prohibition in the charter is only applicable to compensated positions with the City of Kenner and is not applicable to the uncompensated position of reserve police officer.

Based on the applicable provisions of law, our prior opinions and the information you have provided, your position of reserve police officer with the City of Kenner is not a position of "employment" for the purposes of the dual officeholding laws. Therefore, it is the opinion of this office that the provisions of the Dual Officeholding and Dual Employment Law do not prohibit a member of the Council for the City of Kenner from serving as a reserve police officer for the Kenner Police Department.

Please note that our expressed opinion relative to state law is limited to an examination of the dual officeholding provisions. Further, it does not address the potential applicability of the provisions of the Louisiana Code of Governmental Ethics, La. R.S. 42:1111 et seq. Advisory rulings addressing questions under the Ethics Code are within the jurisdiction of the Louisiana State Board of Ethics. The Board may be contacted at the following address: P.O. Box 4368, Baton Rouge, LA 70821, phone: 225-219-5600.

2 We understand some concern has been expressed regarding the manner in which payment to reserve police officers is actually dispensed. Ben Myers, Kenner councilman makes money off police work, despite conflicts, The Times Picayune, March 24, 2015,
http://www.nola.com/politicslindex.ssf/2015/03/conflictsaboundwithkennerc.html. However, the described arrangement of a reserve police officer receiving payment from a private company for performing off-duty services through the City of Kenner does not change the analysis for the limited purpose of determining whether a reserve police officer is an "employee" for the purposes of the Dual Officeholding Law, as there is no evidence that City dollars are appropriated or dispensed to reserve police officers.

Page 3

OPINION 14-0094
Mr. Michael Sigur
Page 3

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: ~q.COJJkri{(fjp
Madeline S. Carbonette
Assistant Attorney General

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