Can a Jeanerette alderman work full-time for the Iberia Parish Sheriff?

Plain-English summary

Mariah Clay asked whether a member of Jeanerette's Board of Aldermen could also hold a full-time job with the Iberia Parish Sheriff. The official opinion concluded that Louisiana's Dual Officeholding and Dual Employment Law "do[es] not prohibit" the combination described.

The AG treated the alderman seat as an elective office and the sheriff's job as full-time employment. Jeanerette and the Iberia Parish Sheriff are separate political subdivisions under the statute. The opinion then applied La. R.S. 42:63(D): it says that provision "does not prohibit holding an elected office in a political subdivision and full-time employment in a separate political subdivision." The quoted provision does prohibit other combinations, including employment in the same political subdivision, but the request involved two different subdivisions.

The opinion has a clear limit. The AG said it examined only state dual officeholding and dual employment law and "does not address the potential applicability" of the Louisiana Code of Governmental Ethics. The opinion directs ethics questions to the State Board of Ethics.

What this means for you

Jeanerette aldermen. The opinion says the dual officeholding statute does not prohibit the particular city alderman and Iberia Parish Sheriff's employee combination. It does not decide a position in the same city government.

The sheriff's office. The AG classified the contemplated sheriff's role as full-time employment, not another elective or appointive office. That classification is part of its conclusion.

Ethics officials. The AG left any Code of Governmental Ethics issue unresolved and identified the State Board of Ethics as the body for advisory rulings.

Common questions

Does a full-time job with the Iberia Parish Sheriff prevent service as a Jeanerette alderman?
Not under the dual officeholding law as applied in this opinion. The AG concluded the two positions were in separate political subdivisions.

Would the answer cover an alderman's job with the City of Jeanerette itself?
The opinion does not decide that situation. Its reasoning expressly relies on employment in a separate political subdivision, while the statute it quotes addresses employment in the same subdivision differently.

Did the AG approve the arrangement under the ethics code?
No. The opinion expressly reserved that question for the Louisiana State Board of Ethics.

Background and statutory framework

The opinion describes Jeanerette as a city with a legislative charter and a mayor-board of aldermen government. It classified a board member's seat as elective office and the proposed sheriff's job as full-time employment. It then quoted La. R.S. 42:63(D) and applied the distinction between same-subdivision and separate-subdivision employment.

Citations and references

Statutes: La. R.S. 42:63(D) and 42:62(1), (3), (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/24-0173

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

March 27, 2025
OPINION 24-0173

78 Dual Officeholding
Ms. Mariah Clay
51 5 Canal Street La. R.S. 42:61, etseq. La. Const. art. V, § 27
La. C.C.P. Art. 331
Jeanerette, LA 70544
The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a member of the Board of Aldermen of the City of Jeanerette from serving as a full-time employee of the Iberia Parish
Dear Ms. Clay: Sheriff.

Our office received your request for an opinion regarding whether a member of the Board of Aldermen of the City of Jeanerette may serve as a full-time employee of the Iberia Parish Sheriff.

Question: May a member of the Board of Aldermen of the City of Jeanerette serve as a full-time employee of the Iberia Parish Sheriff?

Conclusion: The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a member of the Board of Aldermen of the City of Jeanerette from serving as a full-time employee of the Iberia Parish Sheriff.

The provisions ofthe 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 City of Jeanerette operates under a legislative charter that provides for a mayor- board of aldermen form of government. A member of the Board of Aldermen holds an “elective office” for the purposes of the Dual Officeholding and Dual Employment’

The Iberia Parish Sheriff is an elected official who is authorized to hire employees as necessary2 According to the information provided to this office, you are considering full-

1 “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).
2 La. Const. art. V,
§ 27 and La. C.C.P. Art. 331.

Page 2

OPINION 24-0173
Ms. Mariah Clay
Page 2

time employment with the Sheriff’s office which is classified as “full time” “employment” for the purposes of the Dual Officeholding and Dual Employment Law.3

The City of Jeanerette and the lberia Parish Sheriff are separate political subdivisions for the purposes of the Dual Officeholding and Dual Employment Law.4

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.

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.

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 do not prohibit a member of the Board of Aldermen of the City of Jeanerette from serving as a full-time employee of the Iberia Parish Sheriff.

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. 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.

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 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). “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).

Page 3

OPINION 24-0173
Ms. Mariah Clay
Page 3

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: .

Chiméne St. Amant
Assistant Attorney General

LM:CS