Can an elected constable in Louisiana also work as a full-time civil service firefighter for a different parish?

Plain-English summary

A constable for Jefferson Davis Parish, Ward 3 asked whether he could also work as a full-time civil service firefighter for Cameron Parish Fire Protection District No. 10. He already held both positions, having been elected constable and later hired as a firefighter. The AG concluded he cannot hold both.

The analysis starts with the general Dual Officeholding and Dual Employment Law, La. R.S. 42:61 et seq. Under that law alone, the answer would likely be different: La. R.S. 42:63(D) bars holding an elective office in a political subdivision while also holding employment in the same political subdivision, but it does not stop holding an elective office in one political subdivision (Jefferson Davis Parish, as constable) while working full-time in a separate political subdivision (Cameron Parish, as firefighter). Under that provision alone, this dual role would be fine.

But the constable's firefighter job comes with a second, more specific layer of law. Louisiana's Constitution requires any "regularly paid fire department" operating within a fire protection district to be part of the civil service system, and this office's prior opinions treat even one full-time firefighter as enough to trigger that requirement. Once a position is classified civil service, the Constitution (art. X, § 9(A)) and a specific statute (La. R.S. 33:2564(A)(5)) bar that employee from being a candidate for, or holding, elective public office while employed in the classified service. Because the constable is an elected position and the firefighter job is classified civil service, that specific civil service rule controls over the more general Dual Officeholding analysis, and it prohibits holding both.

What this means for you

Elected constables and other elected parish officials. If you take a job with a classified civil service fire department (or are already elected while working one), the general Dual Officeholding Law is not the only rule to check. Louisiana's constitutional and statutory civil service rules independently prohibit combining a classified civil service position with an elective office, even across different political subdivisions.

Civil service fire departments and personnel boards. A "regularly paid fire department" is civil service even with just one full-time firefighter, per this office's prior opinions. That threshold is easy to cross without a department realizing its civil service obligations have kicked in, which matters for anyone on staff who also holds or is considering elective office.

Fire protection district governing boards. When appointing or confirming a fire chief who then hires firefighters, be aware that any hire into a classified civil service slot carries this elective-office restriction, independent of whichever parish the firefighter's other elected position is in.

Common questions

Q: Doesn't the general Dual Officeholding Law only block combining offices within the same political subdivision?
A: Generally yes, that is what La. R.S. 42:63(D) does, and it would not have blocked this specific combination since the constable's office and the firefighter job are in different parishes. But the civil service prohibition is a separate, more specific rule that does not depend on the two positions being in the same political subdivision.

Q: How few firefighters does it take to make a department "civil service"?
A: According to prior AG opinions cited here (Nos. 11-0272 and 01-379), one full-time firefighter is enough to make a "regularly paid fire department" under La. Const. art. X, § 16, meaning the whole department, and its employees, must be in the civil service system.

Q: What's the actual rule that stops a civil service firefighter from also being an elected constable?
A: Two overlapping provisions: La. Const. art. X, § 9(A), which bars a classified employee from being a candidate for or holding public office (with a narrow exception for classified state employees on the State Civil Service Commission), and La. R.S. 33:2564(A)(5), which specifically bars someone elected to public office from being appointed to or holding a classified service position while serving in that elective office.

Q: Does this mean the constable has to quit one job, and if so, which one?
A: The opinion concludes the two positions cannot be held simultaneously but does not instruct which one the requester must give up; that is a personal and practical decision for him, not something the opinion resolves.

Background and statutory framework

The elected constable position. Under La. R.S. 13:2583, the constable of the Justice of the Peace Court for Jefferson Davis Parish, Ward 3 is elected by the qualified voters within the court's territorial limits, making it an "elective office" under La. R.S. 42:62(1).

Cameron Fire Protection District No. 10. Created under the Cameron Parish Code of Ordinances pursuant to La. R.S. 40:1492 et seq., with the police jury serving as its governing body under La. R.S. 40:1495. Prior AG opinions hold that the governing body appoints the fire chief, who in turn hires, trains, disciplines, and terminates the department's firefighters.

Why the firefighter job is "full time employment." The requester works 72 hours per week on 24-hour shifts and is compensated, which meets the statutory definition of "full time" (at least seven hours a day, thirty-five hours a week, La. R.S. 42:62(4)) "employment" (salaried or per-diem job as an employee of the state or a political subdivision, La. R.S. 42:62(3)).

Why the general Dual Officeholding provision alone would not block this. La. R.S. 42:63(D) prohibits holding an elective office in a political subdivision while also holding employment "in the government of this state, or in the same political subdivision in which he holds an elective office." Because the constable's elective office is in Jefferson Davis Parish and the firefighter employment is in a different political subdivision (Cameron Parish's fire district), this provision by itself would not prohibit the combination.

The civil service override. La. Const. art. X, § 16 requires any regularly paid fire department in a fire protection district to be part of the civil service system; prior AG opinions (Nos. 11-0272, 01-379) hold one full-time firefighter meets that threshold. Once classified, La. Const. art. X, § 9(A) and La. R.S. 33:2564(A)(5) bar the employee from simultaneously being a candidate for, or holding, elective public office. This more specific civil service rule controls over the general Dual Officeholding analysis.

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

Citations and references

Constitutional provisions:
- La. Const. art. X, § 9(A) (classified civil service employee barred from candidacy/elective office, with a narrow Civil Service Commission exception)
- La. Const. art. X, § 16 (regularly paid fire department must be in civil service system)
- La. Const. art. X, § 22 (legislature's authority to regulate dual employment/officeholding)

Statutes:
- La. R.S. 42:61 et seq. (Dual Officeholding and Dual Employment Law generally)
- La. R.S. 42:62(1) (definition of "elective 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(9) (definition of "political subdivision")
- La. R.S. 42:63(D) (bar on elective office plus employment in same political subdivision)
- La. R.S. 13:2583 (election of constable for justice of the peace court)
- La. R.S. 33:2564(A)(5) (elected official barred from classified civil service position while serving in elective office)
- La. R.S. 40:1492 et seq., 40:1495 (fire protection district creation and governance)

Prior AG opinions referenced:
- La. Atty. Gen. Op. No. 07-0152 (fire chief's hiring/firing authority)
- La. Atty. Gen. Op. Nos. 11-0272 and 01-379 (one full-time firefighter meets "regularly paid fire department" civil service threshold)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/25-0068

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 25-0068

71-1-1 - MUNICIPAL FIRE & POLICE CIVIL SERVICE
78 - DUAL OFFICEHOLDING
La. R.S. 42:61, et seq., La. R.S. 40:1492, et seq., La. Const. Art. X, § 9, La. R.S. 13:2583, La. R.S. 33:2564, La. Const. Art. X, § 16

Constable Cameron Fontenot
25110 Tate Rd.
Kinder, LA 70648

A constable for Jefferson Davis Parish, Ward 3 is prohibited from serving as a full-time Civil Service firefighter for Cameron Parish Fire District 10, pursuant to applicable civil service laws.

Dear Constable Fontenot:

Our office received your request for an opinion regarding whether a constable for Jefferson Davis Parish, Ward 3 can serve as a full-time Civil Service firefighter for Cameron Parish Fire District 10.

Question: Whether a constable for Jefferson Davis Parish, Ward 3 may serve as a full-time Civil Service firefighter for Cameron Fire Protection District No. 10?

Conclusion: No. A constable for Jefferson Davis Parish, Ward 3 is prohibited from serving as a full-time Civil Service firefighter for Cameron Parish Fire District 10, pursuant to applicable civil service laws.

Pursuant to La. Const. art. 10, § 22, the legislature has enacted laws regulating dual employment and defining, regulating, and prohibiting dual office holding in state and local government. The provisions of the 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.

Based on the information provided to this office, you were elected as Constable for Jefferson Davis Parish, Ward 3, District 18; and later, you became a civil service firefighter for Cameron Fire Protection District No. 10. The Constable of the Justice of the Peace Court for Jefferson Davis Parish, Ward 3 is elected by the qualified voters within the territorial limits of justice of the peace court, pursuant to the provisions of La. R.S. 13:2583. Thus, the Constable holds an "elective office" for the purposes of the Dual Officeholding and Dual Employment Law.

The Cameron Fire Protection District No. 10 was created within the Code of Ordinances for Cameron Parish, pursuant to the provisions of La. R.S. 40:1492, et seq. In accordance with the provisions of La. R.S. 40:1495, the police jury serves as the governing body of Cameron Fire Protection District No. 10. It has been our opinion that the governing body has the power to appoint the fire chief; then, the chief should have the power and authority to hire, train, discipline, and terminate the other firefighters under him. In a conversation with you, this office confirmed that the fire chief was responsible for your hiring. Additionally, according to the information provided to this office, you are compensated and work 72 hours per week on 24-hour shifts. Thus, this position is classified as "full time" "employment" 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(D), which provides in pertinent part:

No person holding an elective office in a political subdivision of this state 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.

La. R.S. 42:63(D) does not prohibit the simultaneous holding of an elected office in a political subdivision and full time employment in a separate political subdivision.

However, there are specific civil service laws prohibiting a classified civil service firefighter from holding elective office. In your request, you state that you are a civil service firefighter, having qualified through the civil service test to become a firefighter. Furthermore, by constitutional mandate, any "regularly paid fire department" operating within a fire protection district must be incorporated into the civil service system, as required by La. Const. Art X, § 16. The opinions of this office reflect that one full-time firefighter meets the requirement of a "regularly paid fire department." Therefore, all fire departments within Cameron Fire Protection District No. 10, along with their employees, must be included in the civil service system.

La. Const. Art. X, § 2 divides civil service into "classified" and "unclassified" positions and states, "[p]ersons not included in the unclassified service are in the classified service." As a firefighter is not included in the unclassified service, it is classified civil service.

Once established as classified civil service, fire protection district employees become subject to the provisions of La. Const. Art. 10 § 9(A), which states, "... no officer or employee in the classified service shall... be a candidate for nomination or election to public office... except to seek election as the classified state employee serving on the State Civil Service Commission." Further, La. R.S. 33:2564(A)(5), applicable to all parishes and fire protection districts operating a regularly paid fire department, stipulates that, "no person elected to public office shall, while serving in the elective office, be appointed to or hold any position in the classified service."

Accordingly, it is the opinion of this office that application of these civil service laws to the instant matter would prohibit the simultaneous holding of classified employment with the fire department and the elective office of constable. A specific civil service law prohibiting a classified firefighter from holding elective office would take precedence over an analysis of the Dual Officeholding and Employment provisions, which more generally would not prohibit the concurrent holding of these offices and/or employments.

Based on the applicable provisions of law, our prior opinions, and the information provided, it is the opinion of this office that a constable for Jefferson Davis Parish, Ward 3 is prohibited from serving as a full-time civil service firefighter for Cameron Parish Fire District 10.

Please note that our expressed opinion 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. "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. Code of Ordinances, Parish of Cameron, Louisiana, Sec. 20-39.1.
3. Code of Ordinances, Parish of Cameron, Louisiana, Sec. 20-39.3.
4. See La. Atty. Gen. Op. No. 07-0152.
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). "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).
6. La. R.S. 42:62(9) defines "political subdivision" as a parish, municipality, and any other unit of local government, including... 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.
7. See La. Atty. Gen. Op. Nos. 11-0272 and 01-379.