Can someone serve on both the parish housing authority board and the hospital district board in Louisiana at the same time?

Plain-English summary

The Chairman of the St. Landry Parish Council asked whether a member of the St. Landry Parish Housing Authority board can also serve on the board of Hospital District No. 2, Opelousas General Health System. The AG said yes.

Both boards are political subdivisions created by the parish council under separate state statutes, the Housing Authority under La. R.S. 40:384 and related provisions, the Hospital District under La. R.S. 46:1051 et seq. Both are governed by boards of commissioners appointed by the parish council.

The key fact in the opinion is compensation and hours. Housing Authority commissioners receive $50 per monthly meeting and work less than 35 hours a week. Hospital District commissioners receive a $1,000 monthly per diem plus $40 per yearly meeting, also working less than 35 hours a week. Under the Dual Officeholding Law's definitions, both positions qualify as "part time" appointive offices, since "full time" requires at least seven hours a day and 35 hours a week. The law's central prohibition, La. R.S. 42:63(E), bars combining two full-time appointive offices, but says nothing about two part-time ones. So there is no conflict.

What this means for you

Parish council members making board appointments. When considering someone for a second board seat, check whether both positions are genuinely part-time (low hours, modest per-meeting compensation) as defined by the statute. If both qualify as part-time, La. R.S. 42:63(E) does not block the combination.

Sitting members of housing authorities, hospital districts, or similar parish boards. Holding two such board seats at once is not automatically a Dual Officeholding violation. It depends on whether either seat is actually full-time work under the statute's hours-based definition, not on job titles or board names.

Parish attorneys reviewing a proposed dual appointment. Confirm the actual hours and pay structure for both positions before advising, since the opinion's answer rests entirely on the specific compensation and hours facts the requester provided (this office confirmed the specific figures with the requester), not on any general rule that housing authority and hospital district seats are always compatible.

Common questions

Q: What's the difference between a "full time" and "part time" appointive office under Louisiana law?
A: Full time means at least seven hours per day and at least thirty-five hours per week (La. R.S. 42:62(4)). Part time is anything less than that threshold (La. R.S. 42:62(5)).

Q: Does the Dual Officeholding Law ever prohibit combining two part-time appointive offices?
A: Not under La. R.S. 42:63(E), which is the provision this opinion applies. That provision only reaches the combination of two full-time appointive offices or full-time employment positions.

Q: Are the Housing Authority and Hospital District considered the same political subdivision, which might change the analysis?
A: No. The opinion treats them as separate political subdivisions for Dual Officeholding purposes, even though the same parish council appoints both boards.

Background and statutory framework

The St. Landry Parish home rule charter. Under La. Const. art. VI, § 5, St. Landry Parish adopted a home rule charter vesting government in a thirteen-member elected council, which appoints board members and commissioners for various parish bodies, including the Housing Authority and the Hospital District.

The Housing Authority. Established as a political subdivision under La. R.S. 40:384(16), 40:391, and 40:392, governed by a five-member board appointed by the council under La. R.S. 40:531(A)(1).

The Hospital District. Established as a political subdivision under La. R.S. 46:1051 et seq., governed by a Board of Commissioners appointed by the council under La. R.S. 46:1053(A).

The Dual Officeholding Law's part-time carve-out. La. R.S. 42:63(E) prohibits holding two full-time appointive offices, or full-time employment, in state or local government at the same time. It does not restrict combining part-time appointive offices, which is why two low-hour, modest-compensation board seats can coexist even though both are technically public "appointive offices" under La. R.S. 42:62(2).

"Political subdivision" definition. La. R.S. 42:62(9) defines political subdivision broadly to include parishes, municipalities, and other local government units performing governmental functions, which is why both boards independently qualify even though the same parish council appoints their members.

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. 42:62(5) (definition of "part time")
- La. R.S. 42:62(9) (definition of "political subdivision")
- La. R.S. 42:63(E) (bar on combining two full-time appointive offices/employment)
- La. R.S. 40:384(16), 40:391, 40:392 (Housing Authority establishment)
- La. R.S. 40:531(A)(1) (Housing Authority board appointment)
- La. R.S. 46:1051 et seq. (Hospital District establishment)
- La. R.S. 46:1053(A) (Hospital District board appointment)

Prior AG opinions referenced:
- La. Atty. Gen. Op. Nos. 19-0096 and 06-0332 (part-time appointive offices may be combined)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/25-0058

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 24, 2025

OPINION 25-0058

78 - DUAL OFFICEHOLDING
La. R.S. 42:61, et seq., La. R.S. 33:4564

Mr. Jody White
Chairman, St. Landry Parish Council
PO Box 100
Opelousas, LA 70571

The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a member of the Board of Commissioners of the St. Landry Parish Housing Authority from simultaneously serving as a member of the Board of Commissioners of Hospital District #2, Opelousas General.

Dear Mr. White:

Our office received your request for an opinion regarding whether a member of St. Landry Parish Housing Authority can serve as a board member on Hospital District #2, Opelousas General Health System.

Question: Whether a member of the Board of Commissioners of the St. Landry Parish Housing Authority may serve as a member of the Board of Commissioners of Hospital District #2, Opelousas General Health System?

Conclusion: The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a member of the Board of Commissioners of the St. Landry Parish Housing Authority from simultaneously serving as a member of the Board of Commissioners of Hospital District #2, Opelousas General Health System.

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.

Article VI, § 5 of the Louisiana Constitution grants any local governmental subdivision, including parishes, the authority to draft, adopt, or amend a home rule charter. St. Landry Parish operates under a home rule charter, which declares the St. Landry Parish government to be vested in a council consisting of thirteen elected members who appoint board members and commissioners, among many other responsibilities. Two such boards are the St. Landry Parish Housing Authority (the Housing Authority) and the Hospital District No. 2, Opelousas General Health System (the Hospital District).

The Housing Authority was established by the St. Landry Parish Council (the Council) as a political subdivision of the State. The Housing Authority is governed by a five-member Board of Commissioners who are appointed by the Council. According to the information you provided us, commissioners receive $50 per monthly meeting and work less than 35 hours per week. Thus, a member of the Board of Commissioners of the Housing Authority holds a "part time" "appointive office" for purposes of the Dual Office and Employment Law.

You have asked this office whether a member of the Board of Commissioners of the Housing Authority can serve as a member of the board of the Hospital District. The Hospital District was established by the Council as a political subdivision of the state. The Hospital District is governed by a Board of Commissioners, which is appointed by the Council. According to the information you have provided, members of the Board of Commissioners of the Hospital District are paid a per diem of $1,000 per month and $40 per yearly meeting, and they normally work less than 35 hours per week. Thus, a member of the Board of Commissioners of the Hospital District holds a "part time" "appointive office" for purposes of the Dual Office and Employment Law.

The St. Landry Parish Housing Authority and the Hospital District No. 2, Opelousas General Health System, are considered separate political subdivisions for the purposes of the Dual Officeholding and Dual Employment Law.

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

No person holding a full-time appointive office or full-time employment in the government of this state or of a political subdivision thereof shall at the same time hold another full-time appointive office or full-time employment in the government of the state of Louisiana, in the government of a political subdivision thereof, or in a combination of these.

While holding two full-time appointive offices in the government of Louisiana or of a political subdivision thereof would be prohibited, La. R.S. 42:63(E) does not prohibit the simultaneous holding of two part-time appointive offices. Accordingly, as both St. Landry Parish Housing Authority board members and Hospital District No. 2, Opelousas General Health System board members are "part time" "appointive" offices, La. R.S. 42:63 does not prohibit a person from serving both concurrently.

Based on the applicable provisions of law 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 a St. Landry Parish Housing Authority board member from simultaneously serving as a board member on Hospital District #2, Opelousas General Health System.

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. St. Landry Parish Home Rule Charter, § 1-01.
2. St. Landry Parish Home Rule Charter, § 2-01 and 8-06.
3. La. R.S. 40:384(16); La. R.S. 40:391 and La. R.S. 40:392.
4. La. R.S. 40:531(A)(1); St. Landry Parish Code, § 10-1.
5. "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). "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).
6. "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).
7. La. R.S. 46:1051, et seq.; St. Landry Parish Code, § 20-30 and 20-31.
8. La. R.S. 46:1053(A); St. Landry Parish Home Rule Charter, § 8-06.
9. "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 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).
10. See La. Atty. Gen. Op. Nos. 19-0096 and 06-0332.