Can a Rapides Parish school-board member also serve on Louisiana's dentistry board?

Plain-English summary

Stephen Chapman asked whether a Rapides Parish School Board member could also serve on the Louisiana State Board of Dentistry. The official opinion says Louisiana's Dual Officeholding and Dual Employment Law "do[es] not prohibit" the combination described.

The AG classified school-board membership as an elected office in a political subdivision. It classified dentistry-board membership as a part-time appointive office in the executive branch of state government. La. R.S. 42:63(D), quoted in the opinion, bars someone with local elective office from also holding another elective office, a full-time appointive office or certain employment. The AG concluded that this prohibition "is not applicable because the appointive office is part time."

The opinion expressly limits its conclusion to state dual officeholding and dual employment law. It does not address the Louisiana Code of Governmental Ethics, which the opinion identifies as a matter for the State Board of Ethics.

What this means for you

Rapides Parish school-board members. The AG found no dual officeholding prohibition for the part-time state dentistry-board position described in the request.

Dentistry-board officials. The opinion's result depends on classifying that appointment as part-time. It does not decide whether a full-time appointive office would receive the same treatment.

Ethics officials. The AG left any separate ethics-code issue unanswered.

Common questions

Does dual officeholding law force the school-board member to leave one of these two boards?
The AG said no for the elected school-board and part-time appointed dentistry-board combination described.

Would the result necessarily apply to a full-time state appointment?
No. The statute the AG quoted expressly treats a full-time appointive office differently, and the opinion concerns a part-time seat.

Did the AG approve the combination under ethics law?
No. The opinion reserved Ethics Code questions for the State Board of Ethics.

Background and statutory framework

The opinion identifies the Rapides Parish School Board as a political subdivision and the Louisiana State Board of Dentistry as part of the executive branch. It applies La. R.S. 42:63(D) to the elected and part-time appointed offices after classifying each under the statute's definitions.

Citations and references

Statutes: La. R.S. 42:63(D), 17:52, 37:753(B)-(C), and 42:62(1) and (6), as cited in the opinion.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/23-0110

Original opinion text

State of Louisiana
DEPARTMENT OF JUSTICE
CIVIL DIVISION
RO. BOX 94005
BATON ROUGE
70804-9005
Jeff Landry
Attorney General
November 15, 2023
OPINION 23-0110

78 Dual Officeholding
Dr. Stephen Chapman
1 1 35 Lake Drive La. R.S. 42:61, etseq. La. Const. VIII, § 9
La. AS. 37:751, etseq.
La. R.S. 17:51, etseq.
Woodworth, LA 71485
The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a member of the Rapides Parish School Board from serving as a member of the Louisiana State Board of Dentistry.
Dear Dr. Chapman:

Our office received your request for an opinion regarding whether a member of the Rapides Parish School Board may serve as a member of the Louisiana State Board of Dentistry.

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 Rapides 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 member of the Rapides Parish School Board is elected in accordance with the provisions of La.
R.S. 17:52. A member of the Rapides Parish School Board holds an “elective office” for the purposes of the Dual Officeholding and Dual Employment Law.1

The Louisiana State Board of Dentistry was created within the Louisiana Department of Health pursuant to the provisions of La. R.S. 37:753, et seq. The Louisiana Board of Dentistry is governed by fifteen members who are appointed by the governor.2 A member of the Louisiana State Board of Dentistry holds a “part time” “appointive office” for the purposes of the Dual Officeholding and Dual Employment Law.3

1 “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).
2 La. R.S. 37:753(B)-(C).

“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. AS. 42:62(5). “Appointive office” means any office in any branch of government or other

Page 2

OPINION 23-0110
Dr. Stephen Chapman
Page 2

The Rapides Parish School Board is classified as a political subdivision of the state for the purposes of the Dual Officeholding and Dual Employment Law.4 The Louisiana State Board of Dentistry is classified as part of the executive branch of state government 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.

The prohibition of La. R.S. 42:63(D) is not applicable because the appointive office is part time.

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 member of the Rapides Parish School Board from serving as a member of the Louisiana State Board of Dentistry.

Please note that our expressed opinion is limited to an examination of the state law 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,

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). 4 “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). 5 The executive branch of state government includes the following named officers and all other officers, agents, employees, or other persons holding or exercising an employment with them, namely, the governor; lieutenant governor; secretary of state; attorney general; treasurer; commissioner of agriculture; commissioner of insurance; superintendent of education; members of the State Civil Service Commission, the Public Service Commission, the Board of Regents, the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, the Board of Supervisors of Southern University and Agricultural and Mechanical College, the State Board of Elementary and Secondary Education, the Board of Trustees for State Colleges and Universities, and the State Bond Commission. The executive branch shall also include the officers, members, agents, and employees of any department, office, agency, instrumentality, board, commission, or other entity created by the constitution or by law whose functions are not primarily legislative, judicial, or local in nature or operation. La. R.S. 42:62(6).

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OPINION 23-0110
Dr. Stephen Chapman
Page 3

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

With best regards,

JEFF LAN DRY
ATTORNEY GENERAL

BY: tñJL
Madeline S. Carbonette
2.
Assistant Attorney General

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