Can a Jefferson Parish deputy sheriff counsel for the parish human services authority under a professional services contract?

Plain-English summary

The Jefferson Parish Human Services Authority asked if a parish deputy sheriff could also serve as a part-time counselor for the authority through a professional services contract. The official opinion concluded that Louisiana's Dual Officeholding and Dual Employment Law "do[es] not prohibit" the arrangement described.

The AG characterized a full-time deputy sheriff as holding a full-time appointive office. But the authority proposed to obtain counseling through a professional services contract, which the opinion treats differently from public employment. It says that such a contract "is not considered a job compensated on a salary or per diem basis and does not constitute 'employment' as defined by La. R.S. 42:62(3)." On the facts supplied, the dual officeholding restrictions therefore did not apply to the counseling contract.

This answer has a clear boundary. The AG said the opinion is limited to state dual officeholding and dual employment law and "does not address the potential applicability" of the Louisiana Code of Governmental Ethics, including the question raised about La. R.S. 42:1121. The opinion directs ethics questions to the Louisiana State Board of Ethics.

What this means for you

The deputy sheriff and the authority. The AG's conclusion concerns counseling under a professional services contract, as described in the request. It does not decide whether a salaried counseling position would receive the same treatment.

Public contracting officials. The opinion's analysis turns on the distinction between a professional services contract and employment under the dual officeholding statute. It leaves the proposed arrangement's ethics treatment unresolved.

Common questions

Does a deputy sheriff's professional counseling contract count as another public job under the dual officeholding law?
The AG said no for the arrangement described. The opinion treats services provided through the professional services contract as outside the statute's definition of employment.

Did the AG approve the arrangement under Louisiana's ethics law?
No. The opinion expressly declines to address the Code of Governmental Ethics and says advisory rulings on that code are within the State Board of Ethics' jurisdiction.

Would the answer be the same if the authority hired the deputy as an employee?
The opinion does not decide that arrangement. Its conclusion depends on the authority retaining the deputy through a professional services contract.

Background and statutory framework

The opinion identifies the sheriff's deputy position as a full-time appointive office and the Jefferson Parish Human Services Authority as a state political subdivision. It then applies La. R.S. 42:62(3)'s definition of employment to the proposed professional services contract, drawing on earlier AG opinions. It separates that dual officeholding analysis from questions under the Code of Governmental Ethics.

Citations and references

Statutes: La. R.S. 42:61 et seq., 42:62(3), 28:915(C), 13:5537, and 42:1121, 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/24-0161

Original opinion text

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

Liz MURRILL
ATTORNEY GENERAL
February 24, 2025
,
OPINION 24-0161

78 Dual Officeholding
Mr. Terrance A. Prout
Jefferson Parish Human La. R.S. 42:61, etseq. La. Const. Art. 5, § 27
La. COP. Art. 331
La. R.S. 13:5537
Resources Authority
La. R.S. 28:910, etseq.
3616 S. 1-10 Service Road W.
.

Law
The provisions of the Dual Officeholding and Dual Employment
Suite 200
do not prohibit a Jefferson Parish Deputy Sheriff from serving as
a counselor with the Jefferson Parish Human Services Authority .

Metairie, LA 70001
.

through a professionai services contract.

Dear Mr. Prout:
Parish
Our office received your request for an opinion regarding whether a Jefferson Services
Deputy Sheriff may serve as a couns&or with the Jefferson Parish Human Authority through a professional services contract. counselor
Question: Whether a Jefferson Parish Deputy Sheriff may serve as a ional with the Jefferson Parish Human Services Authority through a profess services contract.

Conclusion: The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a Jefferson Parish Deputy Sheriff from serving as a counselor with the Jefferson Parish Human Services Authority through a professional services contract.

The provisions of the Dual Officeholding and Dual Employment Law, found at La. R.S.
42:61 et seq., govern questicns 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 Jefferson Parish Sheriff, who is an elected public official, is authorized to hire deputies as necessary’ The position of Deputy Sheriff is specifically established by the laws of the state.2 A full time Deputy Sheriff holds a “full time” “appointive office” for purposes of the Dual Officeholding and Dual Employment Law.3

1 La. Const. Art.5, § 27 and La. c.c.P. Art. 331.
2 La. R.S. 13:5537.
3 “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 of hours per week of work. La. R.S. 42:62(4). “Appointive office” means any office in any branch government or other position on an agency board, or commission, or any executive office of any agency, board, commission or department which is specilicaily established or specifically authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof and

Page 2

OPINION 24-0161
Terrance A. Prout
Page 2

The Jefferson Parish Human Services Authority was created as a political subdivision of the state pursuant to La. R.S. 28:915(C). According to the information provided to this office, the Jefferson Parish Human Services Authority desires to retain the services of the Deputy in question as a part-time counselor through a professional services contract.

Our office has consistently opined that the provisions of the Dual Officeholding and Dual Employment Law are not applicable where an individual provides services through a professional services contract, because a contract is not considered a job compensated on a salary or per diem basis and does not constitute “employment” as defined by La. R.S. 42:62(3). Thus, the provisions of the Dual Officeholding and Dual Employment Law do not apply.

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 Jefferson Parish Deputy Sheriff from serving as a counselor with the Jefferson Parish Human Services Authority through a professional services contract.

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 1 1 et seq. including the specific question you have asked concerning , ,

La. R.S. 42:1121. 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:
,

225-219-5600.

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: ‘227a3(thfzu)
C’kAP72t
Madeline S. Carbonette
Assistant Attorney General
LM: MSC

which is filled by appointment 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). ‘ La. Atty. Gen. Op. Nos. 24-0107, 22-0007, 20-0040, 19-0021, 18-0177, 18-0076, 18-0032 17-0111, 17- 0046, 17-0002, 16-0190, 16-0189, 13-0028, 12-0241, 08-0296, 07-0218, 06-0213, 02-0342, 96-359, 95- 391, 92-43, 90-578, and 80-41 3.