Can a full-time St. Bernard Parish deputy sheriff also serve as a parish constable?

Plain-English summary

The requester asked whether a full-time St. Bernard Parish deputy sheriff could also serve as the elected constable for the parish's Ward I justice of the peace court. The attorney general said Louisiana's Dual Officeholding and Dual Employment Law prohibited that pairing.

The office classified the full-time deputy position as an appointive office, noting that state law established the position and the elected sheriff could hire deputies. It classified the constable seat as elective office under the statute governing constable elections. La. R.S. 42:63(D) prohibited simultaneous service in an elective office and a full-time appointive office, even though the sheriff and the justice of the peace court were separate political subdivisions for this law.

The opinion addressed only dual-officeholding law. It expressly declined to decide whether the Code of Governmental Ethics would affect the arrangement.

What this means for you

Full-time deputy sheriffs

The opinion said the described St. Bernard deputy could not also hold the Ward I constable seat. The decisive classification was the deputy's full-time appointive office, rather than ordinary employment.

Constables and constable candidates

The opinion treated the Ward I constable position as an elected office. It applied the statute's bar to the combination with a full-time deputy position, despite the two offices being attached to separate political subdivisions.

Officials with ethics questions

The attorney general left ethics-code questions to the Louisiana State Board of Ethics. The opinion's answer did not decide whether any ethics rule would independently apply.

Common questions

Q: Could a full-time St. Bernard Parish deputy also be Ward I constable?
A: No. The attorney general said the deputy held a full-time appointive office and the constable held elective office, a combination barred by La. R.S. 42:63(D).

Q: Did it help that the sheriff and justice of the peace court were separate subdivisions?
A: No. The opinion identified them as separate political subdivisions but said the elective-office and full-time-appointive-office ban still applied.

Q: Why was the constable position considered elective office?
A: The opinion said the Ward I constable is elected by qualified voters within the justice of the peace court's territory under La. R.S. 13:2583.

Q: Did the opinion decide ethics-code compliance?
A: No. It expressly limited its analysis to dual-officeholding law and assigned ethics advisory rulings to the State Board of Ethics.

Background and statutory framework

The requester described a full-time deputy sheriff job and the Ward I constable position in St. Bernard Parish. The opinion cited the sheriff's authority to hire deputies and La. R.S. 13:5537, which establishes the deputy position. It treated that full-time position as appointive office. Under La. R.S. 13:2583, voters elect the constable, so the opinion treated it as elective office.

La. R.S. 42:63(D) barred a person holding elective office in a political subdivision from simultaneously holding a full-time appointive office in another. The office applied that rule to the two positions and did not address separate ethics-code questions.

Citations and references

• La. R.S. 42:63(D) (dual-officeholding prohibition)
• La. R.S. 13:2583 (constable election)
• La. R.S. 13:5537 (deputy-sheriff position)
• La. R.S. 42:62(2) (appointive-office definition)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/23-0069

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DIVISION
RO. BOX 94005
BATON ROUGE
70804-9005
Jeff Landry
Attorney General

August 1 2023,

OPINION 23-0069

Mr. John Green
78 Dual Officeholding
271 6 St. Marie Street La. AS. 42:61 et seq. La Const art 5, § 27
Meraux, LA 70075 La. COP. Art. 331 La. AS. 13:2583

The provisions of the Dual Officeholding and Dual Employment Law prohibit a full time Deputy Sheriff for St. Bernard Parish from serving as the constable of the justice of the peace court for St. Bernard D ear rivir.
,i
G reen.
Parish, Ward I

Our office received your request for an opinion regarding whether a full time Deputy Sheriff for St. Bernard Parish may serve as the constable of the justice of the peace court for St. Bernard Parish, Ward I.

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 St. Bernard Parish Sheriff is an elected public official, who is authorized to hire deputies as necessary.1 The position of Deputy Sheriff is specifically established by the laws of the state.2 According to the information provided to this office, the position of Deputy Sheriff is full time which is classified as a “full time” “appointive office” for purposes of the Dual Officeholding and Dual Employment Law.3

1La. Const. art. 5, § 27 and La. COP. Art. 331.
2 La. R.S. 13:5537.
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. R.S. 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 or 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).

Page 2

OPINION 23-0069
Mr. John Green
Page 2

The constable of the justice of the peace court for St. Bernard Parish, Ward I is elected by the qualified voters within the territorial limits of justice of the peace court pursuant to the provisions of La. R.S. 13:2583. The constable of the justice of the peace court for St. Bernard Parish, Ward I holds an “elective office” for the purposes of the Dual Officeholding and Dual Employment Law.4

The Sheriff of St. Bernard Parish and the justice of the peace court for St. Bernard Parish, Ward I are considered separate political subdivisions of the state for the purposes of the Dual Officeholding and Dual Employment Law.5

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

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. In addition, no sheriff, assessor, or clerk of court shall hold any office or employment under a parish governing authority, nor shall any member of any parish governing authority or school board hold any office or employment with any sheriff, assessor or clerk of court.

La. R.S. 42:63(D) prohibits holding an elective office in a political subdivision and holding a full time appointive office in a separate political subdivision.

Based on the applicable provisions of law and the information you provided, it is the opinion of this office that the provisions of the Dual Officeholding and Dual Employment Law prohibit a full time Deputy Sheriff for St. Bernard Parish from serving as the constable of the justice of the peace court for St. Bernard Parish, Ward I.

Please note that our expressed opinion is limited to an examination of the state laws relating to Dual Officeholding and Dual Employment. Further, it does not address the potential applicability of the provisions of the Louisiana Code of Governmental Ethics, La. R.S. 42:1 1 11 et seq. Advisory rulings addressing questions under the Ethics Code ,

4 “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. 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 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

OP(NION 23-0069
Mr. John Green
Page 3

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,

JEFF LAN DRY
ATTORNEY GENERAL

BY:____
Madeline S. Carbonette
Assistant Attorney General

JL: MSC