Could Sabine Parish’s tourism director also serve as a police juror?

Plain-English summary

Sabine Parish’s tourism commission executive director asked whether she could run for police juror while retaining her director position. In October 2015, the Attorney General explained that running for office alone did not trigger the Dual Officeholding Law; the law addressed simultaneous service. If elected, she could not hold the police-juror seat while the director position remained full-time. The AG said a part-time director could hold both on the facts provided.

The opinion classified the director role as an appointive office in a political subdivision separate from the police jury. Its incompatibility analysis noted that the tourism commission, not the police jury, employed the director; the police jury did not audit the commission or approve its budget; and the commission’s operations were supported by an occupancy tax. The AG also said she could remain on Sabine Parish’s long-range planning advisory committee if elected juror. It referred ethics-code questions to the State Board of Ethics.

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

Did merely running for police juror violate dual-officeholding law?

No. The AG said the statute applied when multiple public positions were held at the same time, not when a person was only considering or pursuing an election.

Could a full-time tourism director serve as police juror after election?

No. The AG said the combination of a local elective office and the full-time appointive director office was prohibited under the provision it applied.

Would changing the director role to part-time change the answer?

On the facts supplied, yes. The AG said a part-time director could serve as police juror because the separate incompatibility grounds it reviewed did not apply to those two positions.

Could the juror also stay on the planning advisory committee?

The AG said the advisory committee seat was allowed under the exemptions for certain locally created boards and solely advisory bodies.

Background and statutory framework

The opinion applied the Dual Officeholding Law in La. R.S. 42:61 and following sections. It read La. R.S. 42:63’s restriction on combining local elective office with full-time appointive office, then considered the incompatibility provisions in La. R.S. 42:64 and the advisory-body exemption in La. R.S. 42:66(A)(5). Its conclusion was limited to state dual-officeholding law.

Citations

• La. R.S. 42:61 (Dual Officeholding and Dual Employment Law).
• La. R.S. 42:63 (simultaneous service restriction).
• La. R.S. 42:64(A)(1) (appointment-related incompatibility).
• La. R.S. 42:66(A)(5) (advisory-body exemption).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/15-0093

Original opinion text

~tate of ~oui13iana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
JAMES D. "BUDDY" CALDWEll
70804-9005
ATTORNEY GENERAL

October 14,2015
OPINION 15-0093

78 Dual Officeholding
Ms. Linda Curtis-Sparks
269 Sparks Lane
La. R.S. 42:61 et seq.
Many, LA 71449
The provisions of the Dual Officeholding and Dual Employment Law
prohibit the full time Executive Director of the Sabine Parish Tourist and Recreation Commission from also serving as Police Juror for the Sabine Parish Police Jury. However, the provisions of the Dual Officeholding and Dual Employment Law do not prohibit a part time Executive Director of the Sabine Parish Tourist and Recreation Commission (rom also serving as Police Juror for the Sabine Parish Police Jury or serving as a member of the Sabine Parish Long Range Planning Advisory Committee.
Dear Ms. Curtis-Sparks:

Our office received your request for an opinion regarding whether you, as the Executive Director of the Sabine Parish Tourist and Recreation Commission ("Commission"), are prohibited from running for the office of Police Juror ("Juror") for the Sabine Parish Police Jury ("Police Jury").

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. As an initial matter, your request notes that you are considering "running" for the office of Juror and therefore are not currently holding both positions at the same time. The Dual Officeholding and Dual Employment Law is applicable only when multiple public positions are held simultaneously.

However, in the interest of assisting you, we proceed with the analysis as if both positions were simultaneously held by you. Classifying the correct nature of the positions held is essential for the purposes of applying the Dual Officeholding provisions.

The Commission was created in 1974 as a political subdivision of the State.' The members of the Commission are appointed by the Police Jury. The Commission has the authority to employ an Executive Director for the Commission on a contract basis." The position of Executive Director for the Commission is an executive office which is specifically established by the laws of the state and filled by appointment by the Commission. According the information provided to this office, at this time the position of Executive Director is a considered a "full time" position, but the position may be

1 La. R.S. 33:4574(8)(23).
2 La. RS. 33:4574(J).

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OPINION 15-0093
Ms. Linda Curtis-Sparks
Page 2

changed to a "part time" position.' The position of Executive Director for the Commission is classified as an "appointive office" for purposes of the Dual Officeholding l.aws."

Sabine Parish operates under a police jury form of government. The Police Jury is the governing authority of Sabine Parish. A Juror holds a "part time" "elective office" for the purposes of the Dual Officeholding Laws."

The Police Jury and the Commission are considered separate political subdivisions of the state for the purposes of the Dual Officeholding Laws." .

The most applicable provision of the Dual Officeholding and Dual Employment Law is La. R.S. 42:63(0), which provides in pertinent part:

No person holding an elective office in a political subdivision of this state shall at the same time hold another elective office or full-time appointive office in the government of this state or in the government of a political subdivision thereof. No such person shall hold at the same time employment in the government of this state, or in the sarne political subdivision in which he holds an elective office....

La. R.S. 42:63(0) prohibits the simultaneously holding of an elected office in a political subdivision of the state and a full time appointive office in the government of a political subdivision. However, La. R.S. 42:63(0) does not prohibit the simultaneously holding of an elected office in a political subdivision of the state and a part time appointive office in the government of a political subdivision.

In the event that the position of Executive Director for the Commission becomes a part

3 "Full time" means 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. RS. 42:62(4). "Part time" means 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 "Appointive office" means 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 of 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). 5 "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. RS. 42:62(1). 6 "Political subdivision" means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. La. RS. 42:62(9).

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OPINION 15-0093
Ms. Linda Curtis-Sparks
Page 3

time position, our office directs your attention to La. R.S. 42:64 which prohibits the holding of "incompatible offices." In particular, La. R.S. 42:64(A)(1), La. R.S. 42:64(A)(5) and La. R.S. 42:64(A)(6) provide as follows:

(1) The incumbent of one of the offices, whether or not in conjunction with fellow officers, or employment has the power to appoint or remove the incumbent of the other, except that local governmental subdivisions may appoint members of the governing body to boards and commissions created by them and over which they exercise general powers as provided in Article VI, Section 15 of the Constitution of Louisiana....

(5) One office, whether or not in conjunction with fellow officers, or employment is charged with auditing the accounts of or approving the budget of the other position.

(6) Funds received by one office or ernployment are deposited with or turned over to the other office or position.

Based on the information provided, you have indicated your concern relative to serving on the Police Jury and the authority of the Police Jury to appoint the Commissioners. However, your currently serve as the Executive Director and not as appointed Commissioner. The Commission, not the Police Jury, has the sole authority to employ necessary personnel for the Commission including the position of Executive Director. The Commission may employ a Juror in the position of part time Executive Director for the Commission without violating the "incompatible offices" provision of La. R.S. 42:64(1).

The Commission is a political subdivision of the state separate and apart from the Police Jury. The Police Jury does not audit the accounts of the Commission or approve the budget of the Cornrnlssion." The operations of the Commission are funded by an occupancy tax on hotel rooms, motel rooms and overnight camping facilitles." Therefore, the "incompatible offices" provisions of La. R.S. 42:64(5) and La. R.S. 42:64(6) are not applicable to the position of part time Executive Direction for the Commission.

Based on the applicable provisions of law, our prior opinions and the information you have provided, it is the opinion of this office that the full time Executive Director for the Commission is prohibited by the Dual Officeholding Laws from also holding the office of Police Juror for the Sabine Parish Police Jury. However, the part time Executive

7 La. R.S. 33:4574.3, La. Atty. Gen. Op. No. 10-0160 and La. Ally. Gen. Op. No. 08-0333.
, La. R.S. 33:4574.1.1.

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OPINION 15-0093
Ms. Linda Curtis-Sparks
Page 4

Director for the Commission is not prohibited by the Dual Officeholding Laws from also holding the office of Police Juror for the Sabine Parish Police Jury.

According to the information provided to this office, you were appointed to the Sabine Parish Long Range Planning Advisory Committee ("Committee") in 2009 by the Police Jury and have expressed concern over your ability to remain on the Committee in the event that you are elected as Juror. The Committee was formed in 2009, upon recommendation by Senator Gerald Long, by the Police Jury as an unofficial advisory committee."

La. RS. 42:64(A) provides an exception to the Dual Officeholding Laws and permits local government authorities to appoint their members to boards and commissions created by them and over which they exercise general powers. Additionally, La. R.S. 42:66(A)(5) specifically exempts persons serving on any board, commission or committee which is solely advisory in nature from the Dual Officeholding Laws. Based on the applicable provisions of law and the information you have provided, it is the opinion of this office that in the event that you are elected to the position of Police Juror, you would not be prohibited from continuing to serve on the Committee pursuant to the exemptions of La. RS. 42:64(A) and La. RS. 42:66(A)(5).

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. RS. 42: 1111 et seq. Advisory rulinqs 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.

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: ?72Q~"KP 2Cc.u),on~
Madeline S. Carbonette
Assistant Attorney General

JDC: MSC:jr

9 Sabine Parish Police Jury Resolution No. 6609.