Opinion Number

Dear Representative McCain:

You have requested an Attorney General's opinion on behalf of Deputy Frederick Edwards in reference to Louisiana's dual officeholding laws. Specifically, you ask whether Deputy Edwards, a deputy with the Iberville Parish Sheriff's Department, may also hold the elective office of parish councilman for the Iberville Parish. LSA-R.S. 42:63(D), in pertinent part, 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).

The language of LSA-R.S. 42:63(D) expressly prohibits simultaneously holding the offices of parish councilman and deputy sheriff. See, also, Opinion 83-1005, where this office addressed a similar situation.

I trust this addresses your concerns. Please contact this office should you require further assistance.

Very truly yours,

RICHARD P. IEYOUB ATTORNEY GENERAL

BY: Carlos M. Finalet, III
Assistant Attorney General

OPINION 83-1005

December 9, 1983 78 — OFFICES DUAL OFFICEHOLDING R.S. 42:63D Ms. Felicia M. Richard, Executive Assistant An elected parish councilman St. John the Baptist Sheriff's may not concurrently serve as Office a deputy sheriff. P. O. Drawer Q LaPlace, LA 70068

Dear Ms. Richard:

Your inquiry of recent date addressed to Attorney General William J. Guste, Jr. has been directed to me for attention and reply.

I understand your question to be as follows:

Whether a newly elected parish councilman can continue to serve as a deputy sheriff.

As you may be aware, the parish governing authority and the office of sheriff are separate political subdivisions under Louisiana Dual Officeholding and Dual Employment Law (R.S. 42:62
(9). And while certain employments and appointive positions may be concurrently held by local elected officers as set forth in R.S. 42:63D, there is a specific bar to a councilman concurrently serving as a deputy sheriff. The pertinent part of the last sentence in R.S. 42:63D reads as follows:

. . . 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.

Therefore, unless your new Home Rule Charter permits in accordance with R.S. 42:66D, a parish councilman may not simultaneously serve as a deputy sheriff. *Page 2

If you have any further questions regarding this matter please contact our office.

Sincerely yours,

WILLIAM J. GUSTE, JR. ATTORNEY GENERAL

BY: HARRY H. HOWARD
ASSISTANT ATTORNEY GENERAL

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