Could a Garyville volunteer firefighter also be vice president of the fire department and work for its parish’s private contractor?

Plain-English summary

Garyville’s volunteer fire department asked whether a volunteer firefighter could also be its vice president while working as a mechanic for AM-PM Services, a private company contracted to provide labor to the parish fire service. In November 2015, the Attorney General concluded that the dual officeholding law did not prohibit the described combination.

The AG treated the department’s volunteer roles as outside that law. It also relied on the reported fact that AM-PM employed the mechanic: he was neither a parish employee nor a person who had individually contracted with the parish. The opinion expressly did not decide questions under Louisiana’s government ethics code.

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 vice-president service make the volunteer firefighter a public officer under this opinion?

No. The AG treated volunteer firefighting and a volunteer firefighter’s vice-president role as outside the dual officeholding restrictions it examined.

Did doing mechanical work at parish fire stations make him a parish employee?

The AG said no on the facts provided. AM-PM, a private contractor, employed him and assigned him to parish fire stations.

Did the private company’s parish contract itself create a dual officeholding conflict?

The AG concluded that none of the three described roles was a public office or public job for the law it considered.

Did the AG clear the arrangement under ethics rules?

No. It said the State Board of Ethics had jurisdiction over advisory rulings under the separate ethics code.

Background and statutory framework

The opinion began by classifying each role under La. R.S. 42:61 et seq. It cited earlier AG opinions that volunteer firefighters and private-company employees were outside the dual officeholding law, then applied those classifications to the Garyville facts.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/15-0118

Original opinion text

~htte nf 1Unulslana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
JAMES D. "BUDDY" CALDWE.LL
70804-9005
ATIORNEY GENERAL

November 30,2015
OPINION 15-0118

John P. Levron, Jr.
78 Dual Officeholding
Vice President Garyville Volunteer
La R.S. 42:61 er seq.
Fire Department
The provisions of the Dual Officeholding and Dual Employment Law
P.O. Box 553
do not prohibit a volunteer fireman for the Garyville Fire Department
Garyville, LA 70051
from holding employment with AM·PM Services Inc. and also serving
as the Vice President for the Garyville Fire Department.

Dear Mr. Levron:

Our office received your request for an opinion regarding whether a volunteer fireman for the Garyville Fire Department ("Department") may hold employment with AM-PM Services Inc. ("AM-PM") and also serve as the Vice President for the Department.

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 held is essential for the purposes of applying the Dual Officeholding provisions.

According to the information provided to our office, the Department is comprised of volunteer firemen. The President and Vice President for the Department are elected by the volunteer firemen. Our office has consistently opined that the provisions of the Dual Officeholding and Dual Employment Law are not applicable to volunteer firemen. 1 Therefore, the provisions of the Dual Officeholding and Dual Employment Law do not apply to a volunteer fireman for the Department or to a volunteer fireman who serves as Vice President for the Department.

According to the additional information you provided to our office, a volunteer fireman is employed by AM-PM, a private company that provides temporary contract labor services. AM-PM has a contract to provide labor services to the St. John the Baptist Parish Department of Fire Services, which is a department of the governing authority of St. John the Baptist Parish. The volunteer fireman is assigned by AM-PM to serve as a mechanic for the 17 fire stations in St. John the Baptist Parish. The volunteer fireman is an employee of AM-PM. The volunteer fireman is not an employee of St. John the Baptist Parish nor has he personally contracted with St. John the Baptist Parish to provide services to the fire stations. Our office has opined that the provisions of the

1 La. Atty. Gen. Op. Nos. 11-0249, 07-0113 and 04-0002.

Page 2

OPINION 15-0118
John P. Levron, Jr.
Page 2

Dual Officeholding and Dual Employment Law are not applicable to employees of private companies." Therefore, the provisions of the Dual Officeholding and Dual Employment Law do not apply to a volunteer fireman who is an employee of AM-PM.

The provisions of the Dual Officeholding and Employment Laws are only applicable to positions of public office or public jobs." None of the three positions of concern are positions of public office or public jobs.

Based on the applicable provisions of law, our prior opinions and the information you provided, it is the opinion of this office that a volunteer fireman for the Garyville Fire Department is not prohibited by the Dual Officeholding provisions from holding employment with AM-PM Services Inc. and also serving as the Vice President of the Board for the Garyville Fire Department, Inc.

Please note that our expressed opinion is limited to an examination of the state law relating to Dual Officeholding. 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.

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: trf)adJ!DlkJU
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Madeline S. Carbonette
Assistant Attorney General

JDC: MSC:jr

2 La. Atty. Gen. Op. Nos. 13-0208, 13-0022, 11-0174, 03-0415 and 02-0415. 3 La. R.S. 42:61 (A).