Can a US Department of Labor administrative law judge serve on Mandeville's planning and zoning commissions?

Plain-English summary

Cynthia Strong-Thompson asked whether a US Department of Labor administrative law judge could serve on both the Mandeville Planning Commission and Zoning Commission. The official opinion answered no. The AG concluded that Louisiana's Dual Officeholding and Dual Employment Law prohibits this combination.

The opinion classified the federal administrative law judge as holding a full-time appointive office. It classified membership on Mandeville's two commissions as part-time appointive office in a Louisiana political subdivision. It then quoted La. R.S. 42:63(A)(1), which bars someone holding an office or employment in a state political subdivision from simultaneously holding an office or employment in the federal government. The AG applied that rule to the requested combination, without turning on whether the local commission role was part-time.

The opinion expressly limits its answer to state dual officeholding law. It says it "does not address the potential applicability" of Louisiana's Code of Governmental Ethics, and identifies the State Board of Ethics as the body that gives ethics rulings.

What this means for you

Federal administrative law judges. For the positions described, the AG said the federal judge and Mandeville commission offices may not be held at the same time under La. R.S. 42:63(A)(1).

Mandeville officials. The opinion treats seats on the city's planning and zoning commissions as appointive offices of a Louisiana political subdivision. The same members serve on both commissions, according to the opinion.

Ethics officials. The AG left any separate question under the Code of Governmental Ethics unanswered.

Common questions

Does being only a part-time commissioner avoid the prohibition?
No for the combination in this opinion. The AG identified the commissions as part-time offices and still concluded that the federal administrative law judge could not serve.

Does the opinion also rule on whether ethics law permits the appointment?
No. The AG expressly reserved Code of Governmental Ethics questions for the State Board of Ethics.

Which state provision drove the result?
La. R.S. 42:63(A)(1), which the opinion quotes as barring simultaneous office or employment in a Louisiana political subdivision and in the federal government.

Background and statutory framework

Mandeville's commissions were established by ordinance under La. R.S. 33:102 and 33:4726. The opinion classified both the federal and municipal roles, then applied the cross-government prohibition in La. R.S. 42:63(A)(1). Its conclusion is about the particular federal judge and municipal commission positions described in the request.

Citations and references

Statutes: La. R.S. 42:63(A)(1), 33:102, 33:4726, and 42:62(2), (4), and (9), as cited or quoted in the opinion.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0167

Original opinion text

STATE OF LOUISIANA
DEPARmIENT OF JUSTICE
OFFICE OF THE Arr0RNEy GENERAL
P.O. Box 94OO5
BATON ROUGE, LA
70804-9005

Liz MURRILL
ATTORNEY GENER.L

April 23, 2025
OPINION 24-0167

78 Dua’ Officeholding
Ms. Cynthia Strong-Thompson
3101 East Causeway Approach
La. R.S.4261, etseq.
5U.S.C.A31O5
5 C.F.R. §930.204
Mandeville, LA 70448-3592
Employment Law
The provisions ofthe Dual Officeholding and Dual Department of Labor AdministratI ve Law prohibii a United States
Mandeville Planning
Judge from serving as a member of the
D ear M s. St g -Thom p son . Commissioti and the Mandeville Zoning Commission.
ing whether a United States
Our office received your request for an opinion regard serve as a member of the
Department of Labor Administrative Law Judge may Commission.
Mandeville Planning Commission and the Mandeville Zoning Administrative Law Judge
Question: Can a United States Department of Labor and the Mandeville serve as a member of the Mandeville Planning Commission Zoning Commission?
Employment Law
Conclusion: The provisions of the Dual Officeholding and Dual Law Judge from prohibit a United States Department of Labor Administrative the Mandeville serving as a member of the Mandeville Planning Commission and Zoning Commission. found at La. R.S.
The provisions of the Dual Officeholding and Dual Employment Law, to hold two or mcre public
42:61, et seq., govern questions concerning the ability of the positions offices and/or positions simultaneously. Classifying the correct nature holding and Dual held is essential for the purposes of applying the Dual Office Employment Law. ance with the
The United States Department of Labor was established in accord is appointed by the provisions of 29 U.S.C.A. 551 et seq. The Secretary of Labor, who ,
ized to appoint
President, is the head of the Department. The Department is author e Law Judge administrative law judges for its proceedings.1 A full-time Administrativ Dual Office and Dual holds a “full time” “appointive office” for purposes of the Employment Law.2

15 U.S.C.A §3105 and 5 C.F.R. §930.204. or is expected to work in an
2 “Full time’ means the period of time which a person normally works hours per day of work and at least thirty-five appointive office or employment and which is at least seven intive office’ means any office in any branch of hours per week of work. La. R.S. 42:62(4). “Appo

Page 2

OPINION 24-01 67
Ms. Cynthia Strong-Thompson
Page 2

The City of Mandeville operates under a home rule charter. The charter provides for a mayor-president form of government. The Mandeville Planning Commission and the Mandeville Zoning Commission were created by ordinance pursuant to the provisions of La. R.S. 33:102 and La. R.S. 33:4726. The members of the Planning Commission also serve as members of the Zoning Commission.3 A member of the Planning Commission and the Zoning Commission holds a “part time” “appointive” office for the purposes ofthe Dual Officeholding Law.4

The United States Department of Labor is part of the executive branch of the government of the United States. The City of Mandeville is a state political subdivision for the purposes of the Dual Officeholding and Dual Employment Law.5

The most relevant provision of the Dual Officeholding and Dual Employment Law is La. R.S. 42:63(A)(1) which provides in pertinent part:

Except as otherwise provided in this Subsection, no person holding an elective office, appointive office, or employment in any of the branches of state government or a political subdivision thereof, shall at the same time hold another elective office, appointive office, or employment in the government of a foreign country, in the government of the United States, or in the government of another state.

La. R.S. 42:63(A)(1) prohibits holding any office in a political subdivision and any office in the government of the United States.

Based on the applicable provisions of law and the information you provided, it is the opinion of this office that the provisions of the Dual Officeholding and Dual Employment Law prohibit a United States Department of Labor Administrative Law Judge from serving as a member of the Mandeville Planning Commission and the Mandeville Zoning Commission.

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). 3 Section 2.2. 1 Mandeville Code of Ordinances.
,

4 “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). “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 24-0167
Ms. Cynthia Strong-Thompson
Page 3

Please note that our expressed opinion is limited to an examination of the state law relating to Dual Officeholding and Employment Law. Further, 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, 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:______
Chimène St. Amant
Assistant Attorney General

LM:CS