Could a Leesville city council member keep a part-time job as deputy city marshal?

Plain-English summary

The Leesville city marshal asked whether a part-time deputy marshal could continue in that job after being elected to the city council. The 1998 attorney general opinion concluded that the two positions could not be held together.

The opinion explained that the marshal's office collected certain court fines and paid them into the Leesville treasury when the prosecution was on behalf of the city. It quoted a dual-office prohibition applying when funds received by one office or employment were deposited with or turned over to the other. On the facts given, the office concluded that the council member's continued service as deputy marshal was prohibited.

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.

City council members at the time

The opinion treated the named council member's part-time deputy marshal employment as incompatible with his council position because of the flow of certain fines from the marshal's office to the city treasury.

City marshals at the time

The office concluded that the marshal could not continue employing this council member as a deputy. It relied on the marshal office's role in collecting and remitting court funds, not on the number of hours the deputy worked.

Municipal employees at the time

The quoted incompatibility rule covered combinations of offices and employments when one received funds turned over to the other, whether or not the person exercised power jointly with other officials.

Common questions

Q: Did the deputy's part-time status let him keep both Leesville positions?
A: No. The opinion applied the incompatibility rule to his part-time deputy marshal employment and city council office.

Q: Why did the movement of court fines matter?
A: The opinion said the marshal's office collected certain fines and paid them into the Leesville treasury. It treated that transfer as meeting the quoted statutory prohibition on holding both positions.

Q: Did the attorney general base the answer on the deputy's actual votes or actions?
A: No. The statutory passage quoted in the opinion said the prohibition applied whether or not the person exercised power with other officers.

Background and statutory framework

LSA-R.S. 13:2485.7 described the city marshal and appointment of deputies. LSA-R.S. 13:2485.25 directed where collected court funds were paid, depending on the prosecution. The opinion applied LSA-R.S. 42:64's prohibition concerning funds received by one office or employment and deposited with or turned over to another.

Citations and references

• LSA-R.S. 13:2485.7 (marshal and deputy appointments)
• LSA-R.S. 13:2485.25 (collection and payment of court funds)
• LSA-R.S. 42:64 (incompatible offices or employments)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/98-0298

Original opinion text

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

~ft~te of ~oui~b:na
One American Place
301 Main Street, Suite 600
DEPARTMENT OF JUSTICE
P.O. Box 94005
CIVIl DIVISION
TEL.: (504) 342-7013
BATON ROUC~E
FAX: (504) 342-2090

RICHARD P. IEYOUB
70804-9095
ATTORNEY GENERAL

AUGUST 271~8

OPINION NUMBER 98-298

78 - Offices - Dual Office Holding
LSA-R.S. 13:2485.7
Mr. Robert Pynes
LSA-R.S. 13:2485.25
LSA-R.S. 42:64
City & Ward One Marshal
City Court of Leesville and Ward One A city councilman of the Leesville may not hold dual employment
Leesville, LA 71496-1486
as a part-time deputy marshal since the offices are incompatible
because fines received by the marshal’s office are paid into the city of Leesville’s treasury.
Dear Mr. Pynes:

You have requested the opinion of this office with regard to the legality of the Leesville City Marshal’s Office continuing the employment of a part-time deputy marshal that has recently been elected to the Leesville City Council.

According to the information provided to me in your request, a Mr. Sullivan Battiste is a part-time employee of the City Marshal’s Office and will soon or has already taken the office of Leesville City Councilman.

Act 122 of the 1962 Regular Legislative Session created the City Court of Leesville as well as the Marshal Office. The Act was incorporated into LSA-R.S. 13:2485.1 through LSA-R.S. 13:2485.29. LSA-R.S. 13:2485.7, provides for the Marshal’s Office and the appointment of deputies. LSA-R.S. 13:2485.7, states:

The marshal is the executive officer of the court. He shall execute the orders and mandates of the court and, in the execution thereof, and in making arrests and preserving the peace, he has the same powers and authority of a sheriff.

The marshal may, with the approval of the judge, appoint one or more deputy marshals, having the same powers and authority as the marshal, but the marshal shall be responsible for their actions.

LSA-R.S. 13:2485.25 deals with the collection of fines, forfeitures, penalties and costs. The statute states:

Except as otherwise provided by special laws, the clerk of the city court or the marshal, as designated by the city judge, shall collect all fines, forfeitures, penalties and costs, and all funds so collected by them,

Page 2

¯ Mr. Robert Pynes
OPINION NUMBER 98-298
Page ~2~

excluding cost, shall be paid into the town or city treasury for the town or city of Leesville when the prosecution is on behalf of the city or town of Leesville, into the treasury for the village or town of Llano when the prosecution is on behalf of the village or town of Llano, and into the parish treasury when the prosecution is on behalf of the state or parish.

Because the marshal’s office collects fines and pays such fines to the city of Leesville, such dual office holding and dual employment is prohibited under the provisions of LSA-R.S. 42:64.

LSA-R.S. 42:64, states in pertinent part:

A. In addition to the prohibitions otherwise provided in this Part, no other offices or employments shall be held by the same person in combination if any of the following conditions are found to pertain and these prohibitions shall exist whether or not the person affected by the prohibition exercises power in conjunction with other officers:

(6) Funds received by one office or employment are deposited with or turned over to the other office or position.

Mr. Battiste is now a city councilman and under the provisions of LSA-R.S. 42:64, he is prohibited from holding both offices as city councilman and deputy marshal, because certain funds received by the marshal’s office are in fact turned over or deposited with the city of Leesville.

I trust this sufficiently addresses your concerns. If our office may be of further assistance, please do not hesitate to contact us.

Yours very truly,

RICHARD P. IEYOUB
ATTORNEY GENERAL

~~ARLES H. BRAUD, JR.
Assistant Attorney General
RPI:CHB:glb