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2009-2010 Louisiana Attorney General Reports and Opinions 1 (2009-2010)

handle is hein.sag/sagla0009 and id is 1 raw text is: January 16, 2009 OPINION 09-0001 Mr. Wayne T. Stewart 78 DUAL OFFICEHOLDING Hammonds & Sills R.S. 42:63(D), R.S. 42:62(9) P.O. Box 65236 Baton Rouge, LA 70896 A member of the West Baton Rouge Parish school board may hold employment as executive assistant to the parish president of West Baton Rouge Parish, as the positions are held in separate political subdivisions of the state. Dear Mr. Stewart: You ask this office if the provisions of Louisiana's Dual Officeholding and Dual Employment Law, R.S. 42:61, et seq., prohibit a member of the West Baton Rouge Parish school board from also holding the full-time position of executive assistant to the parish president of West Baton Rouge Parish. The prohibition of law implicated by these facts is R.S. 42:63(D), which provides, in pertinent part: D. No person holding an elective office in a political subdivision of this state shall at the same time hold another elective office or full-time appointive office in the government of this state or in the government of a political subdivision thereof. No such person 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.....(Emphasis added). R.S. 42:63(D) prohibits an elected official from holding full-time appointive office. R.S. 42:63(D) further prohibits an elected official from holding any employment, whether part-time or full-time, in the same political subdivision in which he holds elective office. R.S. 42:63(D) does not prohibit an elected official from holding employment in a separate political subdivision of the state. Thus, the determinative issue here is whether the position of executive assistant is considered appointive office or employment as these terms are defined by the dual officeholding provisions. If the position is considered an appointive office, the position may be held only on a part-time basis, as an elected official may not hold full-time appointive office. In the alternative, while an elected official may not hold employment in the same political subdivision in

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