May Bogalusa's part-time city attorney also serve in the Louisiana House of Representatives?

Plain-English summary

The official opinion concluded that Louisiana's Dual Officeholding and Dual Employment Law did not bar the Bogalusa city attorney from also serving as a state representative. The answer rested on how the two posts were classified: state representative was an elective state office, while the city attorney, on the facts supplied, was a part-time appointive city office.

La. R.S. 42:63(C) barred a state elected official from simultaneously holding another elected office, a full-time appointive office, or government employment. The AG said the identified city-attorney post was part time and appointive, so this prohibition did not reach that combination.

The opinion expressly limited its answer to dual officeholding. It did not resolve the Louisiana Code of Governmental Ethics and identified the State Board of Ethics as the body for advisory rulings on that code.

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

Why was the Bogalusa city attorney treated as an appointive officer?
The city charter called for the mayor to appoint the attorney, subject to council confirmation. The information given to the AG also described the post as part time.

Does La. R.S. 42:63(C) ban every appointive local office for a state representative?
No. The provision quoted in the opinion referred to a full-time appointive office. The AG found that Bogalusa's city-attorney position was part time.

Did the AG decide whether serving in both posts complied with the ethics code?
No. The opinion says that question belongs to the Louisiana State Board of Ethics and leaves it unanswered.

Background and statutory framework

The opinion applied the classifications in Louisiana's Dual Officeholding and Dual Employment Law, La. R.S. 42:61 et seq. It quoted La. R.S. 42:63(C) and identified statutory definitions for part-time work, appointive office, elective office, and the legislative branch. The conclusion depends on the part-time nature of the Bogalusa appointment described to the AG.

Citations and references

Law cited: La. Const. art. X, § 22; La. R.S. 42:61 et seq.; La. R.S. 42:62(2), (5); La. R.S. 42:63(C). The opinion also mentions the ethics code at La. R.S. 42:1111 et seq. without deciding its application.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/23-0087

Original opinion text

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

December 8, 2023
OPINION 23-0087

78 Dual Officeholding
Mr. Kelvin D. May
65321 Jones Creek Road
La. AS. 42:61 etseq.

Angie, LA 70426
The provisions of the Dual Officeholding and Dual Employment Law
do not prohibit the Bogalusa City Attorney from serving as a State Representative.
Dear Mr. May:

Our office received your request for an opinion regarding whether the Bogalusa City Attorney may serve as a State Representative.

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 City of Bogalusa operates under a home rule charter that provides for a mayor- council form of government.1 The city attorney is appointed by the mayor, subject to confirmation of the council.2 According to the information provided to this office, the position of city attorney is a part time position. The Bogalusa City Attorney holds a “part time” “appointive office” for the purposes of the Dual Officeholding and Dual Employment Law.3

1 Section 1-03, Bogalusa Code of Ordinances.
2 Section 4-02, Bogalusa Code of Ordinances.
3 “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). “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. RS. 42:62(2).

Page 2

OPINION 23-0087
Mr. Kelvin D. May
Page 2

The legislative branch of state government includes members of the House of Representatives.4 The position of State Representative is classified as an “elective office” 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(C), which provides:

No person holding an elective office in the government of the state shall at the same time hold another elective office, a full-time appointive office, or employment in the government of this state or in the government of a political subdivision thereof.

The prohibition of La. R.S. 42:63(C) is not applicable because the position of Bogalusa City Attorney is a part time appointive office.

Based on the applicable provisions of law and the information provided to this office, it is the opinion of this office that the provisions of the Dual Officeholding and Dual Employment Law do not prohibit the Bogalusa City Attorney from serving as a State Representative.

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

4 The legislative branch of state government includes the members of the Senate and the House of Representatives, the officers, agents, and employees of the legislature of either house or of a committee of either house thereof, the legislative auditor, legislative fiscal officer, or any other agency created by law which is primarily legislative in nature, and any other legislative officer, office, or instrumentality of the state. La. R.S. 42:62(7). “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).

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OPINION 23-0087
Mr. KeIvn D. May
Page 3

office can be of any further assistance, please do not hesitate to contact us.

With best regards,

JEFF LAN DRY
ATTORNEY GENERAL

BY: 2cWi2o
(eD2Q
Madeline S. Carbonette
Assistant Attorney General

JDC: MSC