Can a full-time Brusly police officer also serve as a Livingston Parish constable?

Plain-English summary

A full-time Brusly police officer asked whether he could also hold the elected constable position for Livingston Parish Justice of the Peace Court, Ward II. The attorney general concluded that the Dual Officeholding and Dual Employment Law did not prohibit the combination on the facts described.

The office classified the Brusly police job as full-time employment and the constable position as elective office. It treated the town and the justice of the peace court as separate political subdivisions. Under La. R.S. 42:63(D), that combination of elected office in one subdivision and full-time employment in another was not prohibited.

The answer had a practical condition stated in the opinion. The officer worked 40 hours a week on a rotating 12-hour schedule. The office based its conclusion on his ability to perform constable duties when off police duty, provided the time and distance involved did not prevent him from legally functioning in both roles. It did not decide any question under the Code of Governmental Ethics.

What this means for you

Police officers seeking a constable seat

The opinion allowed this Brusly officer to hold the Livingston Parish Ward 11 constable office under the dual-officeholding rules because the police job was employment, the constable seat was elective office, and the two positions belonged to separate political subdivisions. The ability to perform both roles on the described schedule was part of the conclusion.

Police departments and constable offices

The opinion did not treat all full-time public positions alike. It expressly classified this police-officer job as employment, then applied the rule for an elective office paired with employment in a separate subdivision. It also noted that public payroll fraud is prohibited, although that law was not applicable to the facts given.

Officials with ethics questions

The attorney general confined the opinion to dual-officeholding law. It said ethics-code advisory rulings fall within the Louisiana State Board of Ethics' jurisdiction.

Common questions

Q: Can a full-time Brusly police officer be a Livingston Parish constable?
A: The attorney general said yes for the described Ward II office and work schedule, provided time and distance did not prevent lawful performance of both positions.

Q: Why were the two roles compatible under the dual-officeholding law?
A: The police job was full-time employment with the town, while the constable position was elected office in a separate political subdivision. The opinion said La. R.S. 42:63(D) did not prohibit that pairing.

Q: Does working 40 hours a week end the analysis?
A: No. The opinion accepted the officer's 40-hour rotating schedule but conditioned its answer on his ability to carry out constable duties during times he was not working for the police department.

Q: Did the opinion approve the combination under the ethics code too?
A: No. The attorney general expressly left ethics-code questions to the State Board of Ethics.

Background and statutory framework

The requester was an unclassified Brusly police officer working 12-hour shifts on a rotating schedule. The opinion treated the position as full-time employment under the dual-officeholding definitions. La. R.S. 13:2583 made the Livingston Parish Ward II constable an elected office. The town and court were separate political subdivisions for this analysis.

La. R.S. 42:63(D) barred certain combinations of elective and full-time appointive offices. The opinion concluded it did not bar this elected constable office together with full-time employment in a different subdivision. It also mentioned La. R.S. 14:138's payroll-fraud rule without applying it to the described facts.

Citations and references

• La. R.S. 42:63(D) (dual-officeholding rule applied)
• La. R.S. 13:2583 (constable election)
• La. R.S. 42:62(9) (political subdivision definition)
• La. R.S. 14:138 (payroll fraud, noted but not applied)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0053

Original opinion text

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

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

Liz MURRILL
ATTORNEY GENERAL

September 4, 2024
OPINION 24-0053

78 Dua’ Officeholding
Mr. Jordan Zachary
26862 Jennifer Lane La. R.S. 42:61, etseq. La. R.S. 33:321, etseq
La. R.S. 13:2583
Denham Springs, LA 70726
The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a full-time employee of the Brusly Police Department from serving as Constable of the Justice of the Peace Court for
Dear Mr. ZaChary: Livingston Parish, Ward 11.

Our office received your request for an opinion regarding whether a full-time employee of the Brusly Police Department may serve as Constable of the Justice of the Peace Court for Livingston Parish, Ward I I.

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 Town of Brusly is governed by the Lawrason Act, La. R.S. 33:321 et seq. The
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Town of Brusly has adopted a mayor-board of aldermen form of government.1 The Chief of Police is elected in accordance with the provisions of La. R.S. 33:381(B). The Chief of Police is authorized to appoint police personnel subject to the approval of the Mayor and the Board of Aldermen.2 According to the information provided to this office, you are police officer in the unclassified service of the Brusly Police Department and work 40 hours per week on 12 hour shifts of 2-2-3. (2 days on, 2 days off and 3 days on).
Your position is classified as “full time” “employment” for the purposes of the Dual Officeholding and Dual Employment Law.3

1La. R.S. 33:321.
2 La. R.S. 33:423(A).
“Full time” means the period of time which a person normally works or is expected to work in an appointive office or employment and which is at least seven hours per day of work and at least thirty-five hours per week of work. La. R.S. 42:62(4). “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 24-0053
Mr. Jordan Zachary
Page 2

The Constable of the Justice of the Peace Court for Livingston Parish, Ward I I is elected by the qualified voters within the territorial limits of justice of the peace court pursuant to the provisions of La. R.S. 13:2583. The Constable holds an “elective office” for the purposes of the Dual Officeholding and Dual Employment Law.4

The Town of Brusly and Justice of the Peace Court for Livingston Parish, Ward I I are separate political subdivisions of the state for the purposes of the Dual Officeholding and Dual Employment Law.5

The most applicable 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.

La. R.S. 42:63(D) does not prohibit holding an elected office in a political subdivision and full time employment in a separate political subdivision.

This opinion is based on your current work schedule with the Brusly Police Department and your ability to perform the duties of Constable during the days and times you are not working for the Brusly Police Department. You should also be aware that while not applicable to the facts ofthis opinion, La. R.S. 14:138 prohibits public payroll fraud.

It is the opinion of this office that the provisions of the Dual Officeholding and Dual Employment Law do not prohibit a full-time employee of the Brusly Police Department from serving as Constable of the Justice of the Peace Court for Livingston Parish, Ward I I provided the times and distances involved do not prevent you from legally
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functioning in both positions.

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

4 “ 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). “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).

Page 3

OPINION 24-0053
Mr. Jordan Zachary
Page 3

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: 7cv Q.
Madeline S. Carbonette
Assistant Attorney General

LM: MSC