Can Louisiana siblings serve together on one board, and may a police juror's relative join a different board?

Plain-English summary

The 20th Judicial District Attorney asked about family relationships in appointments by the East Feliciana Parish Police Jury. The Louisiana Attorney General gave two answers under La. R.S. 42:2.2. Siblings cannot be appointed to serve on the same board or commission at the same time. But that statute does not address the relationship between a member of the appointing police jury and someone appointed to a different board.

The statute bars appointment of an immediate family member of a person already serving on the receiving board. It borrows the definition of immediate family in La. R.S. 42:1102, which includes brothers and sisters. The AG confined its answer about a police juror's relatives to this appointment statute and expressly left the Louisiana Code of Governmental Ethics for the Board of Ethics.

What this means for you

Police jurors and appointing officials

Under the statute the opinion interpreted, appointing two siblings to the same board for overlapping terms is prohibited. The same provision does not prohibit appointing a police juror's immediate family member to a separate board merely because of that relationship to the appointing official.

Prospective board members

The relevant family relationship for La. R.S. 42:2.2 is with someone serving on the board at the time of appointment. The opinion does not decide whether a separate ethics provision affects an appointment involving a police juror's family member.

Common questions

Q: Can a brother and sister serve together on the same Louisiana board?
A: The AG said no under La. R.S. 42:2.2 when their terms overlap on the same board or commission.

Q: Does that statute bar a police jury from appointing a juror's relative to another board?
A: No. The opinion said the statute regulates family relationships among members of the receiving board, not a member of the appointing police jury's relationship to an appointee.

Q: Did the opinion decide whether the ethics code permits that family appointment?
A: No. It expressly limited its answer to La. R.S. 42:2.2 and referred ethics issues to the state Board of Ethics.

Background and statutory framework

La. R.S. 42:2.2 prohibits appointing a person whose immediate family member is then serving on the same board, commission, council, authority, or similar body. La. R.S. 42:1102 defines immediate family to include siblings. The AG applied those words to overlapping service on one board and declined to stretch them to a different relationship between appointer and appointee.

Citations and references

• La. R.S. 42:2.2, the appointment restriction analyzed.
• La. R.S. 42:1102, the referenced immediate family definition.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0113

Original opinion text

STATE OF LOUISIANA
DERRTMENT OF Jusr1cE
OFFICE OF THE A-r-rORNEY GENERL
P.O. Box 94005
BATON ROUGE, LA
70804-9005

Liz MuRRILL
ATTORNEY GENERAL

October 23, 2024
OPINION 24-0113

77-OFFICERS Local & Municipal; Selection, Qualification Mr. Samuel C. DAquilIa
, .
—

&Tenure; Vacancies
District Attorney 77 A — STATE OFFICERS — Selection, Selection,
20th Judicial District
Qualification & Tenure; Vacancies
P.O. Box 8428 La. R.S. 42:2.2 La. R.S. 42:1102
Clinton, LA 70722
Answers questions relative tothe appointment of members
to boards and commissions by the East Feliciana Parish Police Jury.
Dear Mr. D Aquilla:
, .

This office has received your request for an Attorney General’s opinion concerning the interpretation of La. R.S. 42:2.2. You have asked several questions with regard to the statute, which we will answer in turn.

Questions # I and #3: Does La. R.S. 42:2.2 prohibit the appointment of two siblings to the same board or commission and what is the best interpretation of the statute?

Conclusion: By its terms, the statute prohibits the appointment of two siblings to the same board or commission if they are serving at the same time.

Louisiana Revised Statute 42:2.2 prohibits the appointment to a board, commission, council, authority, or similar entity, by the appointing authority (1) a person who is a member of the immediate family (2) of a person who serves on the board, commission, council, authority, or similar entity (3) at the time of appointment.

Pursuant to La. R.S. 42:2.2, the term “immediate family” shall have the same meaning as provided in La. R.S. 42:1102. Thus, as it would apply to a member of a board, commission, council, authority, or similar entity, a member of the immediate family would be (1) his/her children, (2) the spouses of his/her children, (3) his/her brothers and their spouses, (4) his/her sisters and their spouses, (5) his/her parents, (6) his/her spouse, and (7) the parents of his/her spouse.

Brothers and sisters are listed as immediate family in the statute. Accordingly, two siblings may not serve on the same board or commission at the same time.

Question #2: Does La. R.S. 42:2.2 prohibit the appointment of an immediate family member of an appointing authority member to a different board or commission?

Page 2

____

OPINION 24-0113

Mr. Samuel C. D’Aquilla

Page 2

Conclusion: The statute does not mention the relationship of members of the appointing authority to the appointment of members to a different board or commission.

You have indicated that the appointing authority at issue is the East Feliciana Parish Police Jury. Thus, in this case, the question is whether the statute prohibits the appointment of immediate family members of the individual members of the police jury. The quick answer is no.

Louisiana Revised Statute 42:2.2 does not set limitations on the relationship between the appointing authority, or its members, and the members of a different board or commission to which members are appointed.

Our opinion regarding the ability of the police jury to appoint immediate family members of one of its members to boards or commissions is limited solely to an examination of La. R.S. 42:2.2. 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.

We trust that this adequately responds to your request and the issues that 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:

Chimène St. Amant
Assistant Attorney General

LM/CS