Could a full-time Terrebonne fire chief also serve as a part-time deputy sheriff?

Plain-English summary

The chief of Terrebonne Parish Fire Protection District No. 10 asked whether he could also work weekends as a deputy sheriff. In December 2015, the Attorney General concluded that the dual officeholding law did not prohibit the described combination.

The opinion classified the fire-chief role, appointed by the district board and worked on weekdays, as a full-time appointive office. It classified the deputy-sheriff role as a part-time appointive office with no reported schedule conflict. La. R.S. 42:63(E) barred certain combinations of two full-time positions, so the AG said it did not apply here. The answer did not decide government ethics 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

Did the fire chief’s full-time office prevent all other appointed roles?

No. The AG said the cited provision did not bar a full-time appointive office paired with the described part-time appointive office.

What mattered about the deputy-sheriff schedule?

The request described weekend deputy work that did not conflict with the chief’s weekday fire-district hours. The AG used that description in classifying the deputy role as part time.

Did the opinion find an ethics-code clearance?

No. It limited its answer to dual officeholding law and referred separate ethics-code questions to the State Board of Ethics.

Background and statutory framework

The AG classified each position under the Dual Officeholding and Dual Employment Law, applied La. R.S. 42:63(E), and noted that none of the specific incompatible-office provisions in La. R.S. 42:64 applied to the reported facts.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/15-0160

Original opinion text

~tale of IUoulslana
DEPARTMENT OF JUSTICE
P.O. BOX 94005
BATON ROUGE
JAMES D. "BUDDY" CALDWELL
70804-9005
ATTORNEY GENERAL

December 23, 2015
OPINION 15-0160

Chief Quint J. Liner
7B Dual Offieeholding
Terrebonne Parish Fire
La. R.S. 42:61 et seq.
Protection District #10
The provisions of the Dual Officeholding and Dual Employment law
1767 Bayou DuLarge Road
do not prohibit the Fire Chief for the Terrebonne Parish Fire
Theriot, LA 70397
Protection District #10 from holding the part time position of Deputy
Sheriff forTerrebonne Parish.

Dear Chief Liner:

Our office received your request for an opinion regarding whether the Fire Chief for the Terrebonne Parish Fire Protection District #10 ("District") may hold the part time position of Deputy Sheriff for Terrebonne Parish.

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.

The District is a, the Fire Chief for the District is appointed by the Board of Commissioners. You indicate that your normal working hours as Fire Chief are 7:30 A.M. to 4:00 P.M. fire protection district created pursuant to La. R.S. 40:1491 et seq.
The District is governed by a Board of Commissioners.' According to the information provided to this office Monday through Friday. The position of Fire Chief for the District is classified as a "full time" "appointive office" for purposes of the Dual Officeholding Laws.2

1 La. RS. 40:1496.
2 "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). "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. RS. 42:62(2).

Page 2

OPINION 15-0160
Chief Linner
Page 2

The Sheriff of Terrebonne Parish, who is an elected official, is authorized to appoint deputies as necessary.' The position of Sheriff Deputy is specifically established by the laws of the state. According to your request, you normally work as a Deputy Sheriff on the weekends and there is no conflict with your full time position with the District. The position of Sheriff Deputy is classified as a "part time" "appointive office" for purposes of the Dual Officeholding t.aws."

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

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.

La. R.S. 42:63(E) does not prohibit the holding of a full time appointive office and the holding of a part time appointtveoffice."

Based on the applicable provisions of law, our prior opinions and the information you provided, it is the opinion of this office that the Fire Chief for the Terrebonne Parish Fire Protection District #10 is not prohibited by the Dual Officeholding provisions from holding the part time position of Deputy Sheriff for Terrebonne Parish.

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.

3 La. Const. art. V § 27 and LA. R.S. 13:5537.
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). See also La. Atty. Gen. Op. Nos. 14-0196, 12-0222, 12-0175 and 12-0144. 5 Based on the information provided to our office, none of the specific "incompatible office" prohibitions contained in La. R.S. 42:64 are applicable to the factual scenario of your request.

Page 3

OPINION 15·0160
Chief Linne.
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: /!Y)~ ec~
Madeline S. Carbonette
Assistant Attorney General

JDC: MSC:jr