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2012 Louisiana Attorney General Reports and Opinions 1 (2012)

handle is hein.sag/sagla0073 and id is 1 raw text is: February 9, 2012 OPINION 12-0001 78 DUAL OFFICEHOLDING La. R.S. 42:62. Ms. Jean Lashley A member of the board governing the West Grant Water P.O. Box 181 Association, a nonprofit organization, is not prohibited by the Montgomery, LA 71454 state dual officeholding laws from holding elective office as a member of the West Grant Parish Police Jury. Dear Ms. Lashley: You have asked this office to advise whether a member of the board of the West Grant Water Association, a nonprofit organization, may also hold elective office as a member of the Grant Parish Police Jury. Your inquiry prompts a review of the Dual Officeholding and Dual Employment Laws, La. R.S. 42:61, et seq. These statutes govern the legality of the holding of two or more public offices and/or employments. The terms elective office, appointive office and employment are specifically defined by La. R.S. 42:62.1 While a member of the police jury holds elective office pursuant to La. R.S. 42:62(1), a member of the board governing the West Grant Water Association, a nonprofit organization, does not hold public employment, nor appointive or elective office as defined by La. R.S. 42:62. Because these facts do not contemplate the holding of two or more positions of public office or employment, the prohibitions of the dual officeholding laws are inapplicable. 1 La. R.S. 42:62(1) defines elective officd' as 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, and which is not a political party office, and which is filled by vote of the citizens of this state or of a political subdivision thereof. La. R.S. 42:62(2) defines appointive officeas 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(3) defines employment' as any job compensated on a salary or per diem basis, other than an elective or appointed office, in which a person is an employee of the state government or of a political subdivision thereof.

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