Can the president of a private youth softball league also work as the director of a parish recreation district in Louisiana?

Plain-English summary

The president of the Vidalia Girls Softball League was serving as interim Recreation Director for Concordia Parish Recreation District No. 3 and wanted to hold that job permanently. The question was whether Louisiana's Dual Officeholding and Dual Employment Law, which restricts holding more than one public office or job at a time, stood in the way. The AG said no.

(The exact issue date is garbled in the source scan; only "July" and the year are legible, so the header above uses "2025-07" rather than a fabricated day.)

The Recreation District job is a full-time position created by parish ordinance and filled through appointment by the district's governing board, which itself is appointed by the Concordia Parish Police Jury. That makes the Recreation Director role a full-time "appointive office" under the Dual Officeholding Law.

The softball league presidency is a different animal entirely. The Louisiana Secretary of State's records show the Vidalia Girls Softball League is a private nonprofit corporation. Its president is not elected by the public and not appointed by any public official, and the position is unpaid. Under the statute's definitions, that means the role is not "employment" and not an "appointive office," it is simply a position in a private organization. This office has consistently held that the Dual Officeholding Law does not reach private-entity officers or employees, so there is nothing to reconcile between the two roles.

What this means for you

Recreation district officials and parish HR staff. If a candidate for a paid, public recreation-director role also volunteers as an officer of a private nonprofit (a youth sports league, civic club, etc.), the Dual Officeholding Law does not treat that as a conflict, because the private-organization role falls outside the statute's reach entirely.

Volunteer leaders of nonprofits who also work in local government. Holding an unpaid leadership position in a private nonprofit corporation does not, by itself, create a dual-officeholding problem with a separate public job, so long as the nonprofit position is genuinely private (not elected by the public, not filled by appointment of a public official, and unpaid).

Anyone weighing whether the Louisiana Ethics Code might still apply. This opinion is limited to the Dual Officeholding and Dual Employment Law. It expressly does not address the Louisiana Code of Governmental Ethics, La. R.S. 42:1111 et seq., which is a separate body of law administered by the Louisiana Board of Ethics and could still raise questions the AG did not consider here.

Common questions

Q: Does it matter that the softball league position is unpaid?
A: Yes. The statute's definition of "employment" requires compensation on a salary or per diem basis. Because the softball league presidency is uncompensated, it does not meet that definition even before considering that the league is a private entity.

Q: What makes a position a public "appointive office" versus a private one?
A: Under La. R.S. 42:62(2), an appointive office must be established or authorized by the state constitution, state law, or a local charter/ordinance, and filled by appointment or election by a public official or governmental body. A private nonprofit's officer position, filled by the nonprofit's own internal process, does not meet that definition.

Q: Could a similar dual role raise an ethics issue even if it doesn't violate the Dual Officeholding Law?
A: The opinion flags that possibility by noting it does not address the Governmental Ethics Code, and directs inquiries on that separate question to the Louisiana Board of Ethics.

Background and statutory framework

The Dual Officeholding and Dual Employment Law. La. R.S. 42:61 et seq. governs whether a person may simultaneously hold more than one public office or public employment position. Its core restriction, at La. R.S. 42:63(E) (not directly quoted in this opinion but underlying the framework), bars holding two full-time appointive offices or full-time public employment positions at once.

Key definitions. "Appointive office" (La. R.S. 42:62(2)) requires establishment by law or ordinance and filling by appointment or election of a public official or body. "Employment" (La. R.S. 42:62(3)) requires salary or per diem compensation as a state or political-subdivision employee. "Full time" (La. R.S. 42:62(4)) means at least seven hours a day and thirty-five hours a week.

Why private entities fall outside the statute. Because both key definitions (appointive office, employment) are anchored to public bodies and public compensation, a position in a private nonprofit corporation, filled by the nonprofit's own governance process and unpaid, simply does not meet either definition. The AG's opinion notes this office has "consistently opined" that the law does not apply to private entities or their officers or employees.

Concordia Parish Recreation District No. 3. Created by the Concordia Parish Police Jury, the district's governing board is responsible for hiring the Recreation Director, a role requiring forty hours of work per week over five days, making it a full-time appointive office.

Liz Murrill is the Attorney General of Louisiana. Harley Freiler signed the opinion as Assistant Attorney General.

Citations and references

Statutes:
- La. R.S. 42:61 et seq. (Dual Officeholding and Dual Employment Law generally)
- La. R.S. 42:62(2) (definition of "appointive office")
- La. R.S. 42:62(3) (definition of "employment")
- La. R.S. 42:62(4) (definition of "full time")
- La. R.S. 42:1111 et seq. (Louisiana Code of Governmental Ethics, noted as outside this opinion's scope)

Prior AG opinions referenced:
- La. Atty. Gen. Op. Nos. 23-0114, 17-0106, 15-0118, 13-0208, 13-0022, and 11-0174 (Dual Officeholding Law does not apply to private entities or their officers/employees)

Other sources:
- La. R.S. 33:4564 (police jury appointment of recreation district board members)
- Concordia Parish Police Jury Code of Ordinances, §§ 18-36, 18-37

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/25-0057

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 ATTORNEY GENERAL
P.O. Box 94005
BATON ROUGE, LA 70804-9005

LIZ MURRILL
ATTORNEY GENERAL

July 2025

OPINION 25-0057

78 - DUAL OFFICEHOLDING
La. R.S. 42:61, et seq.

Ms. Ariella Carter
4001 Carter Street, Rm. 1
Vidalia, LA 71373

The provisions of the Dual Officeholding and Dual Employment Law do not prohibit the President of the Vidalia Girls Softball League from simultaneously serving as the Recreation Director for the Concordia Parish Recreation District No. 3.

Dear Ms. Carter:

Our office received your request for an opinion regarding whether the President of the Vidalia Girls Softball League may serve as the Concordia Parish Recreation Director.

Question: Can the President of the Vidalia Girls Softball League serve as the Concordia Parish Recreation Director?

Conclusion: Yes. The provisions of the Dual Officeholding and Dual Employment Law do not prohibit the President of the Vidalia Girls Softball League from simultaneously serving as the Recreation Director for the Concordia Parish Recreation District No. 3.

The provisions of the Dual Officeholding and Dual 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.

According to the information provided to this office, the current President of the Vidalia Girls Softball League is also serving as the interim Recreation Director for the Concordia Parish Recreation District No. 3 and seeks to hold that position on a permanent basis. The Concordia Parish Police Jury created Recreation District No. 3 and appoints the members of its governing board. The board, in turn, is responsible for hiring the Recreation Director to manage the district's day-to-day operations. The position requires forty hours of work per week over five workdays. Because it is a full-time role created by ordinance and filled by appointment of a public body, it qualifies as a full-time appointive office under La. R.S. 42:62(2) and (4).

In contrast, the President of the Vidalia Girls Softball League is not considered an "appointive office". According to the Louisiana Secretary of State, the League is a private nonprofit corporation. The president is neither elected by the public nor appointed by a public official, and the role is uncompensated. It is therefore not "employment" within the meaning of La. R.S. 42:62(3).

Our office has consistently opined that the Dual Officeholding Law does not apply to private entities or their officers or employees. Because the President of the Vidalia Girls Softball League holds a private, uncompensated position, and the Recreation Director role is a public, appointive office, no conflict arises under the Dual Officeholding and Dual Employment Law.

Based on the applicable provisions of law, our prior opinions, and the information you have provided, it is the opinion of this office that the provisions of the Dual Officeholding and Dual Employment Law do not prohibit the President of the Vidalia Girls Softball League from simultaneously serving as the Recreation Director for the Concordia Parish Recreation District No. 3. The law's provisions are not applicable to positions in private corporations, such as the President of the Vidalia Girls Softball League.

Please note that our expressed opinion relative to state law is limited to an examination of the Dual Officeholding and Dual Employment provisions. It does not address the potential applicability of the State of Louisiana civil service laws, rules and regulations. 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: 225-219-5600.

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:
Harley Freiler
Assistant Attorney General

LM: HF

Footnotes referenced in the opinion:

1. Sec. 18-36 and 18-37, Concordia Parish Police Jury Code of Ordinances. See also La. R.S. 33:4564, which states that members of the board shall be appointed by the police jury of the parish or parishes involved.
2. "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). "Appointive office" means any office in any branch of 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 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).
3. "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 thereof. La. R.S. 42:62(3). "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 of this state or of a political subdivision thereof. La. R.S. 42:62(2).
4. La. Atty. Gen. Op. Nos. 23-0114, 17-0106, 15-0118, 13-0208, 13-0022, and 11-0174.