Opinion Number

Dear Mr. Robinson:

In response to your recent correspondence, note that a member of the planning commission for the City of New Orleans is not prohibited by law from concurrently holding an elected office as member of either the local or state Democratic Central Committee.1 The limitation of law applicable here is set forth in R.S. 42:63(D)2, prohibiting one from holding an elective office and full-time appointive office, but as your membership with the planning commission is part-time3 as defined by law, the prohibition becomes inapplicable.

Thus, you may continue in your public service while seeking an elective office with the Democratic Central Committee at either the local or state level.

Very truly yours,

RICHARD P. IEYOUB ATTORNEY GENERAL

BY: KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL

KLK:ams

1 See Attorney General Opinions 92-342 and 86-455, copies attached.

2 R.S. 42:63(D) provides:

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. In addition no sheriff, assessor, or clerk of court shall hold any office or employment under a parish governing authority or school board, nor shall any member of any parish governing authority or school board hold any office or employment with any sheriff, assessor, or clerk of court. (Emphasis added).

3 R.S. 42:62(4) and (5) define full-time and part-time as follows:

(4) "Full-time" means the period of time which a person normally works or is expected to work in an appointive office or employment which is at least seven hours per day of work and at least thirty-five hours per week of work.

(5) "Part-time" means the period of time which a person normally works or is expected to work in an appointive office or employment which is less than the number of hours of work defined in this Section as full-time.

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OPINION NUMBER 86-455

July 11, 1986

78 OFFICERS — Dual Office Holding 90-1 PORT COMMISSIONS 100 SCHOOLS SCHOOL DISTRICTS — Teaches, Principals
Superintendent; Sabatical Leave; Extra-curricular activities R.S. 31:1111 R.S. 42:66B

Persons employed in professional educational capacity in an educational institution are Mr. Carl H. Stages, Jr. exempt from dual office holding Administrative Assistant to the prohibitions. Professor at U.N.O. Governor may hold appointive position on Office of the Governor Ed. of Commissioners of Port of Post Office Box 94004 New Orleans. Baton Rouge, Louisiana 70804-9004

Dear Mr. Stages:

You have requested an opinion of this office as to whether a person who is a professor at the University of New Orleans (UNO) may be a member of the Board of Commissioners of the Port of New Orleans.

R.S. 34:1M provides:

M. Incompatible offices. No member of the board shall hold any office in any political party or other political organization, nor shall he hold any public office or employment for compensation, existing under or created by the laws of the United States or the state of Louisiana, or existing under or created by the charter or ordinance of a municipality or subdivision of the state.

That provision was last amended by Act 289 of 1976. Since that time, the Legislature adopted Act 700 of 1979 which provides the dual office holding prohibitions pursuant to the constitutional directive contained in Article X, Section 22 of the Louisiana Constitution.

Section 8 of Act 700 provides as follows:

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Section 8. Except for the provisions of Section 428 of Title 17 of the Louisiana Revised Statutes of 1950, all other laws or parts of laws in conflict herewith are hereby repealed and Sections 31, 31.1, 33, and 38 of Title 42 and Section 137 of Title 14, all of the Louisiana Revised Statutes of 1950 are hereby specifically repealed.

R.S. 42:66B provides:

B. Nothing in this Part shall be construed to prevent a school teacher or person employed in a professional educational capacity in a grade school, high school, other educational institution, parish or city school board from holding at the same time an elective or appointive office.

Inasmuch as the provisions of R.S. 42:66B are in conflict with the prohibition of R.S. 34:1M, R.S. 34:1M is therefore impliedly repealed to the extent that it is in conflict with Act700 of 1979, which is the later expression of legislative will.

Accordingly, it is the opinion of this office that a person who is employed as a professor at UNO is employed in a professional educational capacity in an educational institution and is, therefore, exempt from dual office holding prohibitions and may simultaneously hold the position as a teacher and an appointive position on the Board of Commissioners of the Port of New Orleans.

Very truly yours,

William J. Guste, Jr. Attorney General

By: Kenneth C. DeJean Chief Counsel *Page 1

OPINION NUMBER 92-342

June 11, 1992

77 OFFICERS — LOCAL MUNICIPAL 78 OFFICERS — DUAL-OFFICE HOLDING LSA-R.S. 42:62; 42:63(E); 33:132

The position of local planning commission member is a part-time local appointive office, and the position of member of a parish sewage and water board is also a part-time local appointive office. LSA R.S. 42:62. A person holding two part-time local appointive offices simultaneously is permitted by the Senator Gerry Hinton dual-office holding statute. LSA R.S. 2549 Carey Street 42:63(E). Slidell, LA 70458

Dear Senator Hinton:

We are in receipt of your opinion request dated May 13, 1992 directed to Attorney General Richard P. Ieyoub. The opinion request has been assigned to me for research and reply.

The issue raised in your request calls for a determination of whether there is any legal prohibition preventing a person from simultaneously holding the position of commission member of the New Orleans Regional Planning Commission, and the position of member of the St. Tammany Parish sewage and water board. The position of local planning commission member is a part-time local appointive office, and the position of member of a parish sewage and water board is also a part-time local appointive office.

We are aware of language in LSA-R.S. 33:132 which states that a planning commission member ". . . shall hold no other public office". Application of this statute would presumably make this dual-office arrangement unlawful. However, with the enactment of Act 700 of 1979 (LSA-R.S. 43:61, et. seq.), all older laws relating to dual-office holding and dual-employment were generally repealed. Because there has been no subsequent amendment to LSA-R.S. 33:132(A) which would reactivate its terms, we are of the opinion that this provision has also been repealed. See Attorney General Opinion Number 86-455, a copy of which is *Page 2
attached.

A determination of whether a simultaneous holding of the two positions discussed here might be considered unlawful must now be measured under the provisions of Act 700 of 1979, regulating dual-office holding and dual-employment. The pertinent provision is contained in LSA-R.S. 42:63(E), which states:

"No person holding a full-time appointive office or full-time employment in the government of this state or of a political subdivision thereof shall at the same time hold another full-time appointive office or full-time employment in the government of the state of Louisiana, in the government of a political subdivision thereof, or in a combination of these."

The situation as presented in your request does not violate the dual-office holding law. A person holding two part-time local appointive offices simultaneously is permitted by the statute. LSA-R.S. 42:63(E).

We hope this interpretation of the law is helpful to you. Should you have further questions, please contact our office.

Yours Very truly,

Richard P. Ieyoub Attorney General

By: Kerry L. Kilpatrick Assistant Attorney General