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2010 Louisiana Attorney General Reports and Opinions 1 (2010)

handle is hein.sag/sagla2010 and id is 1 raw text is: April 22, 2010 OPINION 10-0001 78-DUAL OFFICEHOLDING Honorable Lloyd Badeaux Councilman, City of Thibodaux P.O. Box 5418 The provisions of the Louisiana Dual Officeholding and Dual LA 70302 Employment Law, La. R.S. 42:61, et seq., do not prohibit a full- time City of Thibodaux deputy marshal from also serving as a member of the City of Thibodaux Board of Adjustments. Dear Mr. Badeaux: You ask this office to advise if the Louisiana Dual Officeholding and Dual Employment Law, La. R.S. 42:61, et seq., prohibits a member of the Board of Adjustments of the City of Thibodaux from holding the position of full-time Deputy Marshal for the City of Thibodaux Marshal's Office. For the following reasons, it is the opinion of this office that the dual officeholding provisions do not prohibit the holding of both positions. At the outset, we note that the City of Thibodaux is governed by the provisions of a home rule charter. Section 2 of Article VIII of the charter states all elected officials, officers, and employees of the City shall comply with.. .the state dual office holding and dual employment laws. Our analysis then begins with a determination of the types of positions held as defined by the dual officeholding provisions. The position of deputy marshal is considered an appointive office under the dual officeholding law because it is an office.. .which is specifically established or specifically authorized by the... laws of this state or by the charter or ordinances of any political subdivision.. .which is filled by appointment.. .by an elected or appointed public official or by a governmental body composed of such officials...' The position of deputy marshal is authorized by La. R.S. 13:1881 (B)2, and is filled by appointment by the Marshal, an elected official .3 1 La. R.S. 42:62(2). 2 La. R.S. 13:1881 (B) provides, in part: B. The marshal may appoint one or more deputy marshals having the same powers and authority as the marshal... 3 La. R.S. 13:1879(A) states for each city court...there shall be a marshal... and further provides each marshal...shall be elected at the congressional election...

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