Can a St. John the Baptist Parish housing authority commissioner serve on the parish Democratic executive committee?

Plain-English summary

A member of the St. John the Baptist Parish Housing Authority's board wanted to serve on the parish Democratic Party Executive Committee. The attorney general said Louisiana's Dual Officeholding and Dual Employment Law did not prohibit that combination.

The opinion classified the housing authority board seat as a part-time appointive office. Party executive committee members are elected, but the statutory definition of “elective office” for dual-officeholding purposes expressly excludes a political party office. The office treated the parish committee seat as a political party office, so the general dual-officeholding restrictions did not bar the board member from serving there.

The opinion did not decide whether Louisiana's Code of Governmental Ethics applied. The attorney general identified the State Board of Ethics as the body for advisory rulings on that separate question.

What this means for you

Housing authority commissioners

The opinion said a St. John the Baptist housing board member could also serve on the named parish party committee under the dual-officeholding law. The board seat was a part-time appointive office, but the decisive point was the party-office exclusion from the other side of the pairing.

Parish party committee members

The opinion recognized that parish executive committee members are elected. It nevertheless said those seats are political party offices and fall outside the dual-officeholding statute's definition of elective public office.

Officials seeking ethics guidance

The opinion expressly left Code of Governmental Ethics questions open. Its conclusion concerned only the Dual Officeholding and Dual Employment Law, not every law that might govern a board member.

Common questions

Q: Can a housing authority commissioner also join the parish Democratic executive committee?
A: The attorney general said the dual-officeholding law did not prohibit that pairing for the St. John the Baptist Parish positions described.

Q: Isn't a party committee seat an elected office?
A: Committee members are elected, but La. R.S. 42:62(1) expressly excludes political party offices from the definition of elective office used by the dual-officeholding law.

Q: Was the housing board seat considered a public office?
A: Yes. The opinion classified the appointed housing authority commissioner as holding a part-time appointive office.

Q: Did the opinion settle ethics-code questions for the commissioner?
A: No. The attorney general reserved ethics-code advisory rulings for the Louisiana State Board of Ethics.

Background and statutory framework

The parish established its housing authority as a political subdivision. Its five commissioners were appointed by the parish governing authority, and the opinion treated a commissioner as a part-time appointive officer. Members of the parish Democratic executive committee were elected under party-election provisions in La. R.S. 18:444.

La. R.S. 42:62(1), however, excluded political party offices from the dual-officeholding law's definition of elective office. The attorney general relied on that exclusion and earlier office opinions to conclude the two roles could be held together under the law it considered.

Citations and references

• La. R.S. 40:531(A)(2) (housing authority commissioners)
• La. R.S. 18:444(A) (parish party committee)
• La. R.S. 18:444(B) (committee election)
• La. R.S. 42:62(1) (political party office exclusion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0009

Original opinion text

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

STATE OF LOUISIANA
DEIARrIENr OF JusrIcE
OFFICE OF THE ATToINEY GENERAL
P.O. Box 94005
BATON ROuGE, LA
70804-9005

Liz MuRRILL
ATTORNEY GENERAL

March 6, 2024
OPINION 24-0009
78 Dual Officeholding
Ms. EIiza Eugene
2th
I 31 East I Street La. R.S. 42:61, etseq. La. R.S. 40:384, etseq.
La. R.S. 18:444, etseq.
Reserve, LA 70084
The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a member of the Board of Commissioners of’the St.
John the Baptist Housing Authority from serving as a member of the
Dear Ms. Eugene: st. John the Baptist Parish Democratic Party Executive Committee

Our office received your request for an opinion regarding whether a member of the Board of Commissioners of the St. John the Baptist Housing Authority may serve as a member of the St. John the Baptist Parish Democratic Party Executive Committee.

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 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. John the Baptist Housing Authority was established by the Parish of St. John the Baptist as a political subdivision of the state.1 The St. John the Baptist Housing Authority is governed by a five member Board of Commissioners who are appointed by the governing authority of St. John the Baptist Parish.2 A member of the Board of Commissioners of the St. John the Baptist Housing Authority holds a “part time” “appointive office” for purposes of the Dual Officeholding and Dual Employment Law.3

According to the information provided to this office, you are interested in serving as a member of the St. John the Baptist Parish Democratic Party Executive Committee. A member of a parish executive committee of a recognized political party must meet the

1 La. R.S. 40:384(16); La. R.S. 40:391 and La. R.S. 40:392.
2 La. R.S. 40:531(A)(2).
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 of 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 24-0009
Ms. Eliza Eugene
Page 2

qualifications established by the rules and regulations of the state central committee of that recognized political party.4 In each parish, except New Orleans and Jefferson parishes, a parish executive committee is composed of five members-at-large and as many members as there are members of the parish governing authority.5 The members of a parish executive committee of a recognized political party are elected every four years at the same time as the presidential preference primary election.6

Although the members of a parish executive committee of a recognized political party are elected, the definition of “elective office” for the purposes of the Dual Officeholding and Dual Employment Law specifically excludes a political party office. La. R.S. 42:62(1 ) provides:

“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 a not a political party office, and which is filled by the vote of the citizens of this state or of a political subdivision.

In similar factual situations, our office has consistently opined that the provisions of the Dual Officeholding and Dual Employment Law are not applicable to a political party office.7 Because a member of a parish executive committee of a recognized political party holds a political party office, the provisions of the Dual Officeholding and Dual Employment Law are not applicable.

Based on the applicable provisions of law, our prior opinions, and the information you 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 Board of Commissioners of the St. John the Baptist Housing Authority from serving as a member of the St. John the Baptist Parish Democratic Party Executive Committee.

Please note that our expressed opinion relative to state law is limited to an examination of the Dual Officeholding and Dual Employment Law. Further, it does not address the potential applicability of the provisions of the Louisiana Code of Governmental Ethics, La. R.S. 42:1101, 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.

La. R.S. 18:444(A).
La. R.S. 18:444(G).
6 La. R.S. 18:444(B).

La. Atty. Gen. Op. Nos. 20-0021, 20-0007, 07-0314, 06-0195,03-0426, 00-243, 91-12, and 76-1901.

Page 3

OPINION 24-0009
Ms. Eliza Eugene
Page 3

We hope that this opinion adequately addresses the legal issues yo.u 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