Opinion Number

Dear Ms. Godfrey:

This office is in receipt of your recent correspondence, requesting our assistance regarding the following inquiry: May a parish employee run for and hold the elective office of school board member? Our response is in the affirmative.

The Louisiana Dual-Officeholding and Dual Employment Laws, R.S.42:61 et seq., are controlling. The provision of law applicable to this matter is R.S. 42:63(D), providing:

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. . . . (Emphasis added).

R.S. 42:63(D) prohibits an elected officer of a political subdivision of the state from holding employment in the same political subdivision. As the parish employment and the municipal elected office of school board member fall within separate political subdivisions as defined in R.S.42:62(9), the prohibition is inapplicable.1

In accord are Attorney General Opinion's 86-79, 02-0086, 89-563, and 81-327, copies attached.

In further response, note that the law does not prohibit a parish employee from seeking a local or statewide public office while remaining in his employment. However, this office has determined that a parish ordinance which requires an employee to take a leave of absence to run for political office is a valid exercise of authority by the local governing body. See Attorney General Opinion 99-316, copy enclosed. Absent such a policy, the employee is not required to take a leave of absence, but he must campaign during his off-duty hours. Finally, our conclusion is predicated on the assumption that no civil service rules are applicable which would prohibit the foregoing.

We trust our legal opinion is helpful to you. Should you have other questions in which we may provide assistance, please contact this office.

Very truly yours,

CHARLES C. FOTI, JR. ATTORNEY GENERAL

BY: ______________________________ KERRY L. KILPATRICK ASSISTANT ATTORNEY GENERAL

KLK:ams

1 R.S. 42:62(9) provides:

(9) "Political subdivision" means a parish, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. In addition for the purposes of this Part., mayor's courts, justice of the peace courts, district attorneys, sheriffs, clerks of court, coroners, tax assessors, registrars of voters, and all other elected parochial officials shall be separate political subdivisions.

OPINION NUMBER 86-79

April 3, 1986

78 — OFFICERS DUAL OFFICEHOLDING

Full-time parish employee may concurrently hold position as school board member.

R.S. 42:63D

Hon. Stephen C. Braud First Assistant District Attorney Plaquemines Parish Commission Council Department of Law and Natural Resources 350 Belle Chasse Highway South Belle Chasse, LOUISIANA 70037

Dear Mr. Braud:

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

You ask the following question:

Whether a full-time employee of a parish council may concurrently hold office as a member of the local school board.

You have advised over the telephone that under your Home Rule Charter there are no prohibitions against an unclassified parish employee running for and concurrently holding an elected political office. (R.S. 42:66D)

The parish council and the school board district are separate local political subdivisions. (R.S. 42:62(9))

Therefore, since the person in question is a full-time unclassified employee of the parish council, under LOUISIANA'S Dual Officeholding and Dual Employment Law that person if elected, would not be prohibited from concurrently holding a position as a member of the local school board. (R.S. 42:63D)

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

Sincerely yours,

William J. Guste, Jr. Attorney General

Harry H. Howard Assistant Attorney General

OPINION NUMBER 02-0086

September 27, 2002

78 Officers — Dual Officeholding

The Kisatchie-Delta Regional Planning and Development District is a separate political subdivision from the Rapides Parish School Board, and therefore, there is no dual officeholding violation, when a school Board member serves as a full-time employee of the planning district.

Ms. Heather Smoak Urena Economic Development Specialist Kisatchie-Delta Regional Planning Development District, Inc. 1611 Arnold Drive, First Floor Alexandria, LA 71303

Dear Ms. Urena:

You have written this office and requested an opinion whether employment as an Economic Development Specialist with the Kisatchie-Delta Regional Planning and Development District, Inc., (hereinafter referred to as Kisatchie-Delta), would prohibit one from seeking election to the Rapides Parish School Board.

LSA-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.

The position of school board member is considered an elective office under state law. LSA-R.S. 42:62. The Kisatchie-Delta Regional Planning and Development District, Inc., and its board is a political subdivision for purposes of the dual officeholding laws, as per LSA-R.S. 42:62(9) which provides:

(9) "Political subdivision" means a parish, municipality, and any other unit of local government, including a school board and a special district, authorized by law to perform governmental functions. In addition for the purposes of this Part, mayor's courts, justice of the peace courts, district attorneys, sheriffs, clerks of court, coroners, tax assessors, registrars of voters, and all other elected parochial officials shall be separate political subdivisions.

The Rapides Parish School Board is also considered a political subdivision of the State. (LSA-R.S. 42:62(9)).

Employment with Kisatchie-Delta would not prohibit an individual from seeking an elective office. LSA-R.S. 42:63(D) restricts full time employment, however, within the same political subdivision when simultaneously holding an elective office.

It is the opinion of this office that since these two entities are not in the same political subdivision, a local school board member may serve as a full-time employee of the Kisatchie-Delta Regional Planning and Development District, Inc.

I trust this addresses the concerns presented in your opinion request. Please feel free to contact this office in the future should you require further information or assistance.

Yours very truly,

RICHARD P. IEYOUB ATTORNEY GENERAL

______________________________ ANGIE ROGERS LAPLACE Assistant Attorney General

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OPINION NUMBER 89-563

December 15, 1989

78 — Officers — Dual Officeholding

As an elected school board member may serve as a full-time employee of the parish government.

R.S. 42:62(D)

Ms. Sarah Jane Bowers P.O. Box 284 Port Sulphur, LOUISIANA 70083

Dear Ms. Bowers:

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:

As a full-time secretary to the Commissioner of Administration of the parish governing authority you ask whether you may also serve as a member of the Plaquemines Parish School Board.

You refer to LOUISIANA'S Dual Officeholding and Dual Employment Law which is quoted in pertinent part as follows:

42:63D. 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. . . .

According to the job description presented in your letter our office is of the opinion that you hold an employment position with the parish government which, of course, would be different from employment in the government of the state or employment in the same political subdivision in which you hold an elective office.

Under the provisions of L.R.S. 42:62(9) the parish government and the parish school board are separate local political subdivisions.

Therefore, it is the opinion of our office that you, as an elective member of the parish school board, may concurrently hold a full-time employment position with the parish government, provided there is no conflict with time or duties in the exercise of both positions.

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

Sincerely,

Harry H. Howard Spec. Assist. Attorney General

OPINION NUMBER 81-327

March 17, 1981

78 — OFFICERS — DUAL OFFICE HOLDING

53-1 — HOUSING AUTHORITIES

Director of Housing Authority may also serve on parish school board.

R.S. 42:63; R.S. 42:62(9)

Mr. Felix A. DeJean, III Attorney at Law 129 N. Court Street Opelousas, LOUISIANA 70570

Dear Mr. DeJean:

In your letter of March 2, 1981, you requested an opinion regarding dual office holding. Specifically, you asked if the director of a housing authority may also serve as a member of a parish school board.

A parish school board member holds a local elective office. Attorney General's Opinion No. 79-1272-A stated, '. . . the commissioners of a parish housing authority are appointed by the police jury, and that the executive director is an employee of those commissioners.'

Subsection D of R.S. 42:63 provides that no person may hold employment in the same political subdivision in which he holds an elective office. However, Pursuant to R.S. 42:62(9), a school board is a separate political subdivision. Therefore, the director of a housing authority would be holding employment in a political subdivision separate from the parish school board.

In conclusion, the director of a housing authority may also serve as a member of the parish school board. Such a combination does not violate dual office holding prohibitions.

Very truly yours,

William J. Guste, Jr. Attorney General

BY: Kenneth C. DeJean Assistant Attorney General

OPINION NUMBER 99-316

OCTOBER 21, 1999

78 — OFFICERS — Dual Office Holding LSA-R.S. 42:61 et seq.

There is no statutory prohibition against a parish police jury employee seeking a local or statewide public office while still holding his or her present employment. However, the Beauregard Parish Police Jury may mandate a parish employee to take a leave of absence to run for political office.

Mr. Walter "Tommy" Brown President, Beauregard Parish Police Jury Post Office Box 310 DeRidder, LA 70634

Dear Mr. Brown:

You have requested an Attorney General's opinion on the following issue:

Must two road foremen running for police jury in the districts that currently employ them resign from employment with the police jury?

There is no statutory prohibition against a parish police jury employee seeking a local or statewide public office while still holding his or her present employment.

However, § 6.09(C) of the Beauregard Parish Police Jury Handbook, mandates, "[a]ny parish employee must take a 90-day leave of absence if they run for political office."

Attorney General Opinion No. 79-600, stated:

[A]n ordinance stating municipal employees shall not run for public office is not inconsistent with state law or the constitution. In fact, the constitution and state law contains provisions prohibiting classified civil service employees from engaging in political activity.

The same holds true for a parish ordinance. Therefore, assuming Beauregard Police Jury Handbook was formally adopted by ordinance, § 6.09(C) is a valid exercise of authority.

In a recent telephone conversation with our office, your office also requested that we review the legality of certain sections from the Beauregard Parish Police Jury Handbook. Specifically, your concerns involve the sick leave and annual leave policies as they relate to the two candidates discussed above.

Section 6.02 of the Police Jury Handbook addresses sick leave policies for parish employees. Section 6.02(C) states, "[s]ick leave taken in excess of three consecutive work days shall be accompanied with a statement from the employee's doctor confirming sickness." By its very nature, sick leave can only be applied toward leave taken for illness, injury, or sickness. Therefore, in our opinion, applying sick leave towards any leave taken by a parish employee to campaign for public office is prohibited.

However, no such prohibition applies to annual leave taken in this capacity. As long as the procedural guidelines in § 6.03 are followed, a parish employee may properly exercise his or her annual leave options to run for elected office.

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

Very truly yours,

RICHARD P. IEYOUB ATTORNEY GENERAL

BY: Carlos M. Finalet, III Assistant Attorney General

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