Could a full-time employee of Washington Parish's hospital district serve on the parish council?

Plain-English summary

The official opinion concluded that a full-time chief nursing officer employed by Washington Parish Hospital Service District No. 1 could also serve on the Washington Parish Council under Louisiana's Dual Officeholding and Dual Employment Law.

The AG classified the council seat as a parish elective office and the nursing role as full-time employment with the hospital service district. It treated the district and the parish as separate political subdivisions. La. R.S. 42:63(D) prohibited an elected local official from holding government employment in the same political subdivision, but that condition was absent on the facts supplied.

The opinion expressly did not decide whether the combination complied with the Louisiana Code of Governmental Ethics. It referred ethics-code advisory questions to the State Board of Ethics.

Currency note

This opinion was issued in 2023. 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 full-time hospital employment itself bar service on the parish council?
No. The AG's analysis turned on the employer being a separate political subdivision from the parish council.

Was the hospital district treated as part of Washington Parish for this rule?
No. The opinion treated the hospital service district and the parish as separate political subdivisions.

Did the opinion clear all conflict-of-interest concerns?
No. It considered dual officeholding only and left ethics-code questions to the State Board of Ethics.

Background and statutory framework

The hospital service district was created under La. R.S. 46:1051 et seq. The AG applied La. R.S. 42:63(D)'s bar on certain combinations of elective office and government employment, using the statute's classification of the two government entities.

Citations and references

Law cited: La. Const. art. X, § 22; La. R.S. 46:1051 et seq.; La. R.S. 42:63(D).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/23-0048

Original opinion text

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DIVISION
P0. BOX 94005
BATON ROUGE
70804-9005
Jeff Landry
Arrorney General
June 6, 2023
OPINION 23-0048

78 Dual Otliceholding
Mr. Jimmy Seibert
24404 Pope Rd. La. R.S. 42:61, etseq. La. P.S. 46:1051, etseq.

Franklinton, Louisiana 70438
The provisions of the Dual Ofliceholding and Dual
Employment Law do not prohibit an employee of the Washington Parish Hospital Service District No.1 from serving
Dear Mr. Seibert: as a member of the Washington Parish Council.

Our office received your request for an opinion regarding whether an employee of the Washington Parish Hospital Service District No. 1 may serve as a member of the Washington Parish Council.

Pursuant to La. Const. art. X, § 22, the legislature has enacted laws regulating dual employment and defining, regulating, and prohibiting dual office holding in state and local government. 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 and Dual Employment Law.

The Washington Parish Hospital Service District No. 1 was created by the Washington Parish Council as a political subdivision of the State pursuant to the provisions of La.
R.S. 46:1051, et seq. The Washington Parish Hospital Service District No. 1 is governed by a ten-member Board of Commissioners. The Commissioners are appointed by the Washington Parish Council.1 According to the information provided to this office, the employee is employed full time by the Washington Parish Hospital Service District No.1 as a Chief Nursing Officer. The position of Chief Nursing Officer is classified as “full time” “employment” for the purposes of the Dual Officeholding and Dual Employment Law.2

Washington Parish operates under a home rule charter that provides for a president- council form of government.3 The Parish Council is composed of seven members who

1 La. AS. 46:1053(D).
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. AS. 42:62(4). “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 of a political subdivision. La. AS. 42:62(3).
Article I, Section 1-02, Washington Parish Home Rule charter

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OPINION 23-0048
Mr. Jimmy Seibert
Page 2

are elected from each of the election districts located within Washington Parish.4 A member of the Washington Parish Council holds an “elective office” for the purposes of the Dual Officeholding and Dual Employment Law.5

The Washington Parish Hospital Service District No. 1 and Washington Parish are considered separate political subdivisions for the purposes of the Dual Officeholding and Dual Employment Law.6

The most relevant provision of the Dual Officeholding and Dual Employment Law is La. R.S. 42:63(D) 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 lime employment in the government of this state, or in the same political subdivision in which he holds an elective office.

The prohibition of La. R.S. 42:63(D) is not applicable because the elective office and the employment are in separate political subdivisions.

Based on the applicable provisions of law and the information you have provided, it is the opinion of this office that the provisions of the Dual Officeholding and Dual Employment Law do not prohibit an employee of the Washington Parish Hospital Service District No.1 from serving as a member of the Washington Parish Council.

Please note that our expressed opinion relative to state law is limited to an examination of the Dual Officeholding and Dual Employment provisions. It does not address the potential applicability of the provisions of the Louisiana Code of Governmental Ethics, La. R.S. 42:1111, etseq. 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: 225-2 1 9-5600.

“Article II, Section 2-01 Washington Parish Home Rule Charter.
‘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 tilled by vote of the citizens for this state or of a political subdivision thereof, La AS. 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. In addition for the purposes of this Part, mayor’s courts, justice of the peace courts, district attorneys, sheriffs, clerks of court, coroners, tax assessors, registrars of voters, and all other elected parochial officials shall be separate political subdivisions. La. AS. 42:62(9).

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OPINION 23-0048
Mr. Jimmy Seibert
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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,

JEFF LANDRY
ATTORNEY GENERAL

BY: 2ccc,nco S.
Madeline S. Carbonette
Assistant Attorney General

JL: MSC