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2020 Op. La. Att'y Gen. 1 (2020)

handle is hein.sag/sagla2020 and id is 1 raw text is: State of Louisiana DEPARTMENT OF JUSTICE * CIVIL DIVISION P.O. BOX 94005 BATON ROUGE 70804-9005 Jeff Landry Attorney General January 10, 2020 OPINION 19-0166 Mr. Bill Wheat, Jr., DVM 78 Dual Officeholding Representative Elect-District 73 La. R.S. 42:61, et seq. La. R.S. 33:7721, et seq. 40316 Happywoods Road Hamrmond, Lay 7 3 The provisions of the Dual Officeholding and Dual Employment Law do not prohibit a member of the Board of Commissioners of the Mosquito District No. 1 of the Parish of Tangipahoa from serving as State Dear Dr. Wheat: Representative for District 73. Our office received your request for an opinion regarding whether a member of the Board of Commissioners for the Mosquito District No. 1 of the Parish of Tangipahoa may serve as State Representative for District 73. The provisions of the Dual Officeholding and Dual Employment Law, found at La. R.S. 42:61, et seq., govern questions concerning the ability to hold two or more public offices and/or positions simultaneously. Classifying the correct nature of the positions held is essential for the purposes of applying the Dual Officeholding and Dual Employment Law. The legislative branch of state government includes members of the House of Representatives.1 The position of State Representative is classified as an elective office for the purposes of the Dual Officeholding and Dual Employment Law.2 Tangipahoa Parish currently operates under a home rule charter providing for a council- president form of government.3 The Mosquito District No. 1 of the Parish of Tangipahoa was created by the Tangipahoa Parish Council pursuant to the provisions of La. R.S. 33:7721, et seq.4 The Mosquito District No. 1 of the Parish of Tangipahoa is governed by a seven member Board of Commissioners. Five of the members are appointed by 1 The legislative branch of state government includes the members of the Senate and the House of Representatives, the officers, agents, and employees of the legislature of either house or of a committee of either house thereof, the legislative auditor, legislative fiscal officer, or any other agency created by law which is primarily legislative in nature, and any other legislative officer, office, or instrumentality of the state. La. R.S. 42:62(7). 2 Elective office means 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, which is not a political party office, and which is filled by vote of the citizens for this state or of a political subdivision thereof. La. R.S. 42:62(1). 3 Section 1-02, Tangipahoa Parish Code of Ordinances. 4 Section 19-856, Tangipahoa Parish Code of Ordinances.

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