Could a full-time Iberville Parish School Board employee serve on the parish's elected council?

Plain-English summary

The requester asked whether full-time employment with the Iberville Parish School Board could be combined with an elected seat on the parish governing body. The official opinion concluded that Louisiana's Dual Officeholding and Dual Employment Law did not prohibit the combination described.

The AG classified the school board and the parish council as separate political subdivisions. Under La. R.S. 42:63(D), a local elected official could not simultaneously hold government employment in the same political subdivision. Because the employee's school-board job was in a different subdivision from the elected parish position, that prohibition did not apply. The opinion refers to the elected body as the parish council in its analysis and as the police jury in its question and conclusion.

The AG did not decide whether the Louisiana Code of Governmental Ethics imposed a separate restriction.

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 school-board employment bar the elected parish seat?
No. The AG said the two positions were in different political subdivisions for the dual-employment rule.

Why was the school board treated separately from the parish council?
The opinion classified the school board and the parish council as separate political subdivisions under the statute's definitions.

Did the opinion resolve possible ethics-code conflicts?
No. The AG limited its answer to dual officeholding and referred ethics-code rulings to the State Board of Ethics.

Background and statutory framework

The opinion used La. R.S. 42:62's definitions of full-time employment, elective office, and political subdivision. It then applied La. R.S. 42:63(D)'s restriction on employment in the same political subdivision as a local elected office.

Citations and references

Law cited: La. Const. art. X, § 22; La. R.S. 42:62(9); 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/23-0057

Original opinion text

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DIVISION
RO. Box 94005
BATON ROUGE
70804-9005
Jeff Landry
Arrorney General
June 20, 2023
OPINION 23-0057

Mr Evan Cagnolatti
78 Dual Olftceholiirig

    58995 Island Drive                                     La R.S 42:61, etseq                    La. Const art VIII. § 9

Plaquemine, LA 70764
La. R.5 17:51, etseq.

The provisons of he Dual OVicebcld9g and Dua’ Empoymen Law do nol prohioi a lull inc employee of Me loerville Parish School Boa’d Iron serving as a member of l’ie Iberville Parish
Dear Mr. Cagnolattl: Police Jury

Our office received your request for an opinion regarding whether a full time employee of the Iberville Parish School Board may serve as a member of the Iberville Parish Police Jury.

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 Iberville Parish School Board was created by the legislature pursuant to La. Const. art. VIII, § 9, and is governed by the provisions of La. R.S. 17:51, et seq. A full time employee of the lberville Parish School Board holds a position of full time” “employment” for purposes of the Dual Officeholding and Dual Employment Law.1

Iberville Parish operates under a home rule charter that provides for a president-council form of government.2 The legislative power of the Iberville Parish is vested in the Council consisting of thirteen members who are elected from single-member districts.3 A member of the Iberville Parish Council holds an “elective office’ for the purposes of the Dual Officeholding and Dual Employment Law.4

1 ‘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. R.S. 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. P.S. 42:62(3).
2 Art. 1,
Sec. 1-01 and 1-02, charter/code of Ordinances for Iberville Parish.
Art. 11, Sec. 2-01, Charter/Code of Ordinances for Iberville Parish.
‘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 polit!cal subdivision thereof, which is not a political party

Page 2

OPINION 23-0057
Mr. Evan Cagnolatti
Page 2

The Ibervflle Parish School Board and the Iberville Parish Council are considered separate political subdivisions for the purposes of the Dual Officeholding and Dual Employment Law.5

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 time employment in the government of this state, or in the same political subdivision in which he holds an elective office.

La. AS. 42:63(D) does not prohibit holding an elective office and full time employment 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 a full time employee of the Iberville Parish School Board from serving as a member of the Iberville Parish Police Jury.

Please note that our expressed opinion relative to state law is limited to an examination of the Dual Officeholding and Dual Employment provisions. Further, it does not address the potential applicability of the provisions of the Louisiana Code of Governmental Ethics, La. AS. 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.

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). “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. R.S. 42:62(9).

Page 3

OPINION 23-0057
Mr. Evan Cagnolatti
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,

JEFF LANDRY
ATTORNEY GENERAL

BY: ?77OcLáU2u3 Q, C&zu
Madeline S. Carbonette
Assistant Attorney General

JL: MSC