Can a Louisiana state representative also sit on Washington Parish's library and fire district boards?

Plain-English summary

Jacob Talley asked whether someone serving on both the Washington Parish Library Board of Control and Fire Protection District No. 7's board could also serve as a state representative. The official opinion concluded that Louisiana's Dual Officeholding and Dual Employment Law "do[es] not prohibit" the three roles described.

The AG classified the two parish board memberships as part-time appointive offices and the state representative's seat as an elective office in state government. It quoted La. R.S. 42:63(C), which bars a state elected official from simultaneously holding another elective office, a full-time appointive office or employment in state or local government. The AG said that prohibition did not apply because "both of the appointive offices are part time."

The opinion explicitly limits its answer to dual officeholding and dual employment law. It does not address the Louisiana Code of Governmental Ethics and directs ethics questions to the State Board of Ethics.

What this means for you

State representatives. For these particular Washington Parish boards, the AG found no prohibition under La. R.S. 42:63(C) because the board positions were part-time appointive offices.

Parish library and fire district officials. The opinion classifies both board seats as part-time appointive offices. That classification is central to the result; it does not decide a full-time appointment.

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

Common questions

Does the state representative have to resign from either board under the dual officeholding law?
The AG said no for the two part-time appointive seats described in this opinion.

Would the answer cover a full-time appointed office?
The opinion does not approve one. The statute quoted by the AG expressly includes a full-time appointive office among the prohibited simultaneous positions.

Did the AG clear the arrangement under the ethics code?
No. The opinion expressly declines to address that code.

Background and statutory framework

The opinion describes how the parish council established the library board and fire district. It classifies each board seat and the state representative role, then applies La. R.S. 42:63(C)'s distinction between part-time and full-time appointive offices. Its conclusion is confined to dual officeholding law and the roles described.

Citations and references

Statutes: La. R.S. 42:63(C), 40:1492, 40:1496.12(F), and 42:62(5) and (1), 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/23-0117

Original opinion text

STATE OF LOUISIANA
DEIwr1EN OF Jsr1cE
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 94005
BATON ROUGE, LA
70804-9005

Liz MURRILL
ATTORNEY GENERAL

February 14, 2024
OPINION 23-0117

78 Dual Officeholding
Mr. Jacob P. TaIley
59040 Hwy. I 074 La. R.S. 42:61 et seq. La. R.S. 40:1492, et seq.
La. R.S. 25:211, etseq.
Bogalusa, Louisiana 70427
The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a member of the Washington Parish Library Board of Control, who also serves as a member
Dear Mr. Talley: of the Washington Parish Fire Protection District No. 7, from
serving as a State Representative.

Our office received your request for an opinion regarding whether a member of the Washington Parish Library Board of Control, who also serves as a member of the Washington Parish Fire Protection District No. 7, 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.

Washington Parish operates under a home rule charter that provides for a president- council form of government.1 The Washington Parish Public Library was created by the Washington Parish Council in accordance with the authority vested by La. R.S. 25:21 1, et seq.2 The Washington Parish Public Library is governed by a Board of Control which consists of the president of Washington Parish, who is an ex-officio member, and five other members who are appointed by the Washington Parish Council.3 A member of the Washington Parish Library Board of Control, who is appointed by the Washington Parish Council, holds a “part time” “appointive office” for the purposes of the Dual Officeholding and Dual Employment Law.4

1 ArtiCle I, Section 1-02, Washington Parish Home Rule Charter
2Washington Parish Ord. of 11-14-45, §1, Section 15.1.
3
Washington Parish Ord. of 11-14-45, §3, Section 15.3.
4 “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

Page 2

OPINION 23-0117
Mr. Jacob P. TaIley
Page 2

The Washington Parish Council is authorized to create fire protection districts as political subdivisions pursuant to La. R.S. 40:1492. The Washington Parish Fire District Number 7 Board of Commissioners consists of not more than eight members who are appointed by the Washington Parish Council.5 A member of the Washington Parish Fire District Number 7 Board of Commissioners holds a “part time” “appointive office” for the purposes of the Dual Officeholding and Dual Employment Law.6

The legislative branch of state government includes members of the House of Representatives.7 The position of State Representative is classified as an “elective office” for the purposes of the Dual Officeholding and Dual Employment Law.8

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 both of the appointive offices are 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 Washington Parish Library Board of Control, who also serves a member of the Washington Parish Fire Protection District No. 7, from serving as a State Representative.

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). 5 La. R.S. 40:1496.12(F). 6 “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). 7 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). 8 “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 of this state or of a political subdivision thereof. La. R.S. 42:62(1).

Page 3

OPINION 23-0117
Mr. Jacob P. TaIley
Page 3

Please note that our expressed opinion relative to state law is limited to an examination of the Dual Officeholding and Dual Employment provisions. 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: 225-21 9-5600.

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,

LIZ MURRILL
ATTORNEY GENERAL

BY:____
Madeline S. Carbonette
Assistant Attorney General

LM: MSC