Can a part-time Louisiana Senate aide also consult for a private airport managers' nonprofit?

Plain-English summary

Senator Heather Cloud asked whether a Louisiana Senate aide could also serve as a contract consultant for Louisiana Airport Managers and Associates. The official opinion concluded that Louisiana's Dual Officeholding and Dual Employment Law "do[es] not prohibit" the arrangement described.

The AG classified the Senate aide role as part-time state legislative employment. It then relied on information from the Secretary of State identifying the airport managers' organization as a private nonprofit corporation. The opinion states that the dual officeholding law is not applicable to private corporations and is also not applicable to contract employees. On those facts, the private consulting contract was outside the law's restriction.

The opinion limits itself to dual officeholding and dual employment. It says it "does not address the potential applicability" of the Louisiana Code of Governmental Ethics and identifies the State Board of Ethics as the body that gives ethics rulings.

What this means for you

Senate aides. The AG's answer concerns part-time legislative work alongside the specific private nonprofit consulting contract described. It does not decide a second public job or an ethics-code question.

Private nonprofit contractors. The opinion treats the airport managers' entity as a private nonprofit on the information available to the AG. That classification is part of its dual officeholding analysis.

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

Common questions

Did the dual officeholding law bar this Senate aide's airport association contract?
No. The AG said the described private consulting contract was outside that law's restriction.

Was the airport managers' organization treated as a public agency?
No. The AG said the Secretary of State's information identified it as a private nonprofit corporation.

Did the opinion approve the arrangement under Louisiana ethics law?
No. It expressly left questions under the Code of Governmental Ethics to the State Board of Ethics.

Background and statutory framework

The opinion identifies the Senate aide position as part-time legislative employment and the second role as a contract consultancy for a private nonprofit. It applies prior AG interpretations that the Dual Officeholding and Dual Employment Law does not cover private corporations or contract employees. It does not apply the Ethics Code.

Citations and references

Statutes: La. R.S. 42:61 et seq. and 42:62(7), (5), and (3), 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/23-0114

Original opinion text

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

November 6, 2023
OPINION 23-0114

78 Dual Officeholding
The Honorable Heather Cloud
Senator, District 28
La. R.S. 42:61, etseq.
P.O. Box 259 . . .

The provisions of the Dual Officeholding and Dual Employment Law
Turkey Creek, LA 70585
do not prohibit a Louisiana State Senate Aide from serving as a
contract consultant for the Louisiana Airport Managers and Associates.

Dear Senator Cloud:

Our office received your request for an opinion regarding whether a Louisiana State Senate Aide may serve as a contract consultant for the Louisiana Airport Managers and Associates.

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 legislative branch of state government includes members of the Senate and their employees.1 According to the information provided to this office, the position of Louisiana State Senate Aide is part time which is classified as “part time” “employment” for the purposes of the Dual Officeholding and Dual Employment Law.2

According to the information obtained from the Louisiana Secretary of State, the Louisiana Airport Managers and Associates is a private non-profit corporation. The position of concern is the contract consultant for the Louisiana Airport Managers and

1 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). 2 “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). “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. R.S. 42:62(3).

Page 2

OPINION 23-0114
Senator Heather Cloud
Page 2

Associates. Our office has consistently opined that the provisions of the Dual Officeholding and Dual Employment Law are not applicable to private corporations.3 Additionally, our office has consistently opined that the provisions of the Dual Officeholding and Dual Employment Law are not applicable to contract employees.4 The provisions of the Dual Officeholding and Dual Employment Law are not applicable to the position of contract consultant for the Louisiana Airport Managers and Associates.

Based on the applicable provisions of law, our prior opinions 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 Louisiana State Senate Aide from serving as a contract consultant for the Louisiana Airport Managers and Associates.

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, La. R.S. 42:1 1 11 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:
Madeline S. Carbonette
Assistant Attorney General

JL: MSC

La. Atty. Gen. Op. Nos.1 7-0106, 1 5-01 18,13-0208,13-0022,11-0174, 03-0415 and 02-0415. ‘ La. Atty. Gen. Op. Nos. 23-0045, 22-007, 20-0040, 19-0024, 19-0021, 18-0177, 18-0076, 18-0032 17- 0111, 17-0046, 17-0002, 16-0190, 16-01 89 13-0028,12-0241, 08-0296, 07-0218, 06-0213, 02-0342, 96- 359, 95-391, 92-43, 90-578 and 80-413.