Can Livingston Parish's chief of staff also serve on the Denham Springs City Council, and when must he abstain from voting?

Plain-English summary

Denham Springs's mayor asked whether a full-time Livingston Parish employee, identified as the parish president's chief of staff, could also serve on the Denham Springs City Council. The attorney general said yes under the Dual Officeholding and Dual Employment Law on the facts presented. The chief of staff role counted as full-time employment, not a full-time appointive office, because it was not specifically created or authorized by the law or local charter. The city council seat was elective office in a separate political subdivision. The office also found no incompatible-office prohibition on the duties described.

The mayor raised concerns about roadway funding, utility relocations, and votes involving parish funds. The chief of staff, Jim Gilbert, said he did not oversee or approve utility-relocation funds, set municipal road-project priorities, or decide fund transfers. Parish President Randy Delatte separately said Gilbert lacked signing authority and that Public Works oversaw utility relocation and project funding. The AG said possible conflicts would have to be assessed individually and gave no general abstention rule for votes involving parish funding.

What this means for you

Parish chiefs of staff and city council members

The opinion permitted the particular full-time Livingston Parish chief of staff to hold a Denham Springs council seat based on the position's classification and the duties reported to the office. It did not determine in advance how every future funding matter should be handled.

Parish presidents

The parish president said the chief of staff lacked signing authority and that Public Works oversaw utility relocation and project funding. Gilbert himself denied deciding municipal priorities or transferring funds. The opinion said the parish president could manage job duties to avoid incompatible conflicts between the two positions.

City officials

The office gave no blanket voting-recusal answer. It said potential conflicts concerning particular matters would have to be addressed individually and distinguished a personal conflict of interest from the possible institutional overlap discussed.

Common questions

Q: Can a parish chief of staff also sit on the Denham Springs City Council?
A: The attorney general said yes for the Livingston Parish chief of staff role and actual duties described. It classified the parish role as employment, not an appointive office, and treated the parish and city as separate subdivisions.

Q: Why was the chief of staff role treated as employment?
A: The opinion said the position was not specifically established or authorized by the constitution, state law, or Livingston Parish's charter or ordinances, which would have been required for its appointive-office classification.

Q: Must that council member abstain whenever a vote involves parish funding?
A: The opinion gave no blanket abstention rule. It said any conflict arising in a particular situation would need to be assessed individually.

Background and statutory framework

La. R.S. 42:63(D) bars a local elected official from holding another elective or full-time appointive office in state or political subdivision government. It also bars state employment or employment in the same political subdivision as the elective office. The parish chief of staff was full-time employment in Livingston Parish; the Denham Springs council seat was an elective office in a different subdivision. The opinion also considered La. R.S. 42:64(A)'s incompatible-office conditions and found none on the stated facts. Its discussion of potential conflicts relied on the employee's and parish president's descriptions of the chief of staff's duties, which narrowed the overlap originally alleged in the request.

Citations and references

• La. R.S. 42:63(D) (dual officeholding and employment restriction)
• La. R.S. 42:64(A) (incompatible-office conditions)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0055

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 AvroRNEY GENERkL
P.O. Box 94005
BATON Rouc;E, LA
70804-9005

Liz MuRRILL
ATToRNEY GENEIL

February 27, 2025
OPINION 24-0055

The Honorable Gerard Landry
78 Dual Officeholding
Mayor of the City of Denham Springs
La R.S. 4261, etseq
P.O Box 1629
The provisions ofthe Dual Officeholding and Dual Employment Law
Denham S p nfl g s LA 70727-1629
do not prohibit a full-time employee of Livingston Parish from serving
as a member of the Denham Springs City Council.
Dear Mayor Landry:

Our office received your request for an opinion regarding whether a full-time employee of Livingston Parish may serve as a member of the Denham Springs City Council.

Question: Whether a full-time employee of Livingston Parish may serve as a member of the Denham Springs City Council.

Conclusion: The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a full-time employee of Livingston Parish from serving as a member of the Denham Springs City Council.

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.

Livingston Parish operates under a home rule charter under the authority of La. Const. art. VI, § 51 The charter provides for a president-council form of government.2 The President is the chiefS executive officer and has the authority to appoint all parish government employees and appointive administrative officers provided for by or under the charter.3 According to the information provided to this office, the President appoints a full time Chief of Staff. You have concerns that this position may be considered an “appointive office” for the purposes of the Dual Officeholding and Dual Employment Law. An “appointive office” is defined as “any office specifically established or

Article 1, Sec. 1-01, Livingston Parish Home Rule Charter.
2 Article 1, Sec. 1-02, Livingston Parish Home Rule Charter.
Article 111 Sec 3-01 and Sec. 3-09(2), Livingston Parish Code of Ordinances

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OPINION 24-0055
The Honorable Gerard Landry
Page 2

specifically authorized by the constftutbn or laws of the state or by the charter or ordinances of a political subdivision.” The office of Chief àf Staff is not an “appointive office” as it is not specifically established or specifically authorized by the constitution or laws of the state or by the Livingston Parish charter or ordinances. The position of Chief of Staff is classified as “full time” “employment” for the purposes of the Dual Officeholding and Dual Employment Law.4

The City of Denham Springs is governed by the Lawrason Act, La. R.S. 33:321 et seq.5
,

The City of Denham Springs has adopted a mayor-city council form of government.6 A member of the Denham Springs City Council holds an “elective office” for the purposes of the Dual Officeholding and Dual Employment Law.7

Livingston Parish and the City of Denham Springs, a municipality within Livingston Parish, are considered separate political subdivisions for the purposes of the Dual Officeholding and Dual Employment Laws.8

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. 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. In addition, no sheriff, assessor, or clerk of court shall hold any office or employment under a parish governing authority, nor shall any member of any parish governing authority or school board hold any office or employment with any sheriff, assessor or clerk of court.

4 “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). 5 Article I Sec.
, 2-1 , City of Denham Springs Home Rule Charter.
6 Article I 1-Mayor and City Council, Footnote (2)., City of Denham Springs Home Rule Charter 7 “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). 8 “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 the 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).

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OPINION 24-0055
The Honorable Gerard Landry
Page 3

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

In addition to the prohibitions found in La. R.S. 42:63, La. R.S. 42:64 prohibits holding “incompatible offices.9 Based on the facts presented to this office, the prohibitions found in La. R.S. 42:64 do not apply to the two positions.

You have raised concerns that holding the two positions could be a conflict of interest because the Chief of Staff makes many decisions regarding roadways, economic development, funding and other issues that affect the City of Denham Springs. The City is responsible for relocating utilities outside of the City limits on Parish roadway projects that are overseen and funded by the Chief of Staff. The Chief of Staff, as the liaison between the elected officials and governmental offices, would be involved in discussions and making decisions as to which municipalities would receive priority in the Parish roadway projects and other projects funded by the Parish. Additionally, the Chief of Staff handles public complaints and requests for assistance and can represent the Parish President at meetings which could cause endless conflicts between the two offices.

These may be valid concerns, however, our office contacted Mr. Jim Gilbert, who holds the two positions of concern, in order to clarify his duties as Chief of Staff. He stated that his duties do not include overseeing or approval of funds for relocation of utilities in Parish roadway projects or making decisions regarding which municipalities receive priority in Parish roadway projects. He does not step in for the Parish President and he does not make decisions on the transfer of funds from the Parish to municipalities.

In a letter addressed to this office, dated September 3, 2024, Parish President Randy Delatte stated that Mr. Gilbert handles the day to day operations of the internal departments and assists with various tasks as defined in his job description, but he does not possess any signing authority. He further stated that relocation of utilities for Parish roadway projects and any funding associated with the projects is overseen by the Parish Department of Public Works.

9 A. In addition to the prohibitions otherwise provided in this Part, no other offices or employments shall be held by the same person in combination if any of the following conditions are found to pertain and these prohibitions shall exist whether or not the person affected by the prohibition exercises power in conjunction with other officers: (1) The incumbent of one of the offices, whether or not in conjunction with fellow officers, or employment has the power to appoint or remove the incumbent of the other . .(2) The .

incumbent of one office, whether or not in conjunction with fellow officers, or employment receives the oath and/or bond of the incumbent of the other. (3) The incumbent of one office, whether or not in conjunction with fellow officers, or employment is charged by law with instituting actions for penalties against the incumbent of the other office or employment. (4) The incumbent of one office, whether or not in conjunction with fellow officers, or employment is required by law to execute orders and follow directions given by the incumbent of the other office or employment. (5) One office, whether or not in conjunction with fellow officers, or employment is charged with auditing the accounts of or approving the budget of the other position. (6) Funds received by one office or employment are deposited with or turned over to the other office or position. La. R.S. 42:64(A).

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OPINION 24-0055
The Honorable Gerard Landry
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You are also seeking guidance on when Mr. Gilbert should refrain from voting on issues presented to the City Council when the issue involves expenditures directly related to parish funding due to a conflict of interest.

There is no evident legal impediment to holding both positions under the Dual Officeholding and Dual Employment Law. There may be cause for concern that certain situations could cause a conflict of interest between the two positions and each situation would have to be addressed on an individual basis. This would not be an ethics violation unless he has a personal conflict of interest. Here, it could be create incompatible conflicts, but the Parish President can avoid them by managing his job duties.

Based on the applicable provisions of law and the information provided to this office, 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 Livingston Parish from serving as a member of the Den ham Springs City Council.

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