Could a full-time Louisiana state employee teach part time at a state university?

Plain-English summary

The Louisiana Department of Transportation and Development asked whether a full-time state employee could also teach part time at a state university. The 1998 attorney general opinion said the dual employment law did not prohibit that arrangement. It quoted the provision barring one full-time public position from being held together with another full-time public position, then concluded that the two jobs could be held together because one was part time.

Currency note

This opinion was issued in 1998. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

State employees at the time

The opinion allowed the described full-time employee to hold a part-time teaching position at a state university under the dual employment law it examined.

Public employers at the time

The distinction in the opinion was the second position's part-time status. The quoted statute barred the combination if both public positions were full time.

Common questions

Q: Could a Louisiana state employee with a full-time job also teach part time at a state university?
A: The attorney general's office said the 1998 dual employment law allowed it.

Q: What if the teaching position was full time too?
A: The opinion said the prohibition would arise if both positions were full time, quoting LSA-R.S. 42:63(E).

Q: Did the opinion set a number of teaching hours that counted as part time?
A: No. It assumed the university position was part time and did not define an hours threshold.

Background and statutory framework

The opinion applied LSA-R.S. 42:63(E), which prohibited a person holding full-time public employment or a full-time appointive position from simultaneously holding another full-time public position. The office resolved the request in one paragraph: the state job was full time, the university teaching job was part time, and the quoted ban on two full-time positions did not apply.

Citations and references

• LSA-R.S. 42:63(E) (dual employment restriction quoted in the opinion)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/98-0170

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

DEPARTMENT OF JUSTICE

RICHARD P. IEYOUB
P.O. Box 94005
AI-rORNEY (SENERAL
70804-9005
TEL: (504) 342-7013
FAX: (504) 342-7335

June 18, 1998
OPINION 98-170

Mr. Lawrence Durant 78 DUAL OFFICEHOLDING
LSA-R.S. 42:63(E)
General Counsel
Full-time state employee may hold part-time
Department of Transportation & Development teaching position with state university. P. O. Box 94245 Baton Rouge, LA 70804-9245

Dear Mr. Durant:

In response to your inquiry of recent date, note that the law does not prohibit a full-time state employee from holding a part-time teaching position at a state university. The prohibition would arise where both positions are held on a full-time basis, as LSA-R.S. 42:63(E) provides:

E. No person holding a full-time appointive position 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.

Both positions may be held concurrently as one employment is held on a part-time basis.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

KL~q~Y L. K~RICK
ASSISTANT ATTORNEY GENERAL

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