Opinion Number

Dear Mr. White:

Your opinion request regarding service as a Commissioner for the Slidell Housing Authority and as City Councilman for the City of Slidell, has been received and forwarded to me for response.

In your letter, you state that you currently hold the position of Commissioner for the Slidell Housing Authority. You also hold positions as Commissioner for the Louisiana Housing Council, and Coordinator for Commissioners of District E in the State of Louisiana. You state that you are considering running for the elected office of Slidell City Councilman, and seek an attorney general opinion regarding any possible conflict between these positions.

You currently hold a part-time appointed position as a Commissioner for the Slidell Housing Authority. You have informed me that the other two positions are also part-time positions and are derivative of your position as a Slidell Housing Authority Commissioner. For those two positions, you are actually nominated and elected by other Commissioners. In other words, were you to lose your position as Commissioner for the Slidell Housing Authority, you would also lose your positions as Commissioner for the Louisiana Housing Council and Coordinator for Commissioners of District E in the State of Louisiana.

As you have stated that there is no transfer of funds between the City of Slidell and the Slidell Housing Authority and the Slidell City Council has no oversight over the Slidell Housing Authority, the only apparent conflict to which you refer appears to be the prohibition in Louisiana law against "dual-office holding." LSA-R.S. 42:63 (D) states: "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 same political subdivision in which he holds an elective office."

In Attorney General Opinion No. 99-357 (attached hereto), we addressed the exact opposite situation. There, an elected Ville Platte Councilman sought our opinion before being appointed to the Ville Platte Housing Authority. In that opinion, we determined there to be no dual-office holding prohibition because the appointment to the Ville Platte Housing Authority was a part-time, appointive office.

The same analysis applies to your situation. As you hold a part-time, appointed position as Commissioner for the Slidell Housing Authority, the Louisiana dual-officeholding statute will not prevent you from also serving in the elected position of Slidell City Councilman, should you be elected to the office.

I trust this sufficiently addresses your inquiry. If our office can be of further assistance, please do not hesitate to call upon us.

Yours very truly,

RICHARD P. IEYOUB ATTORNEY GENERAL

BY: ___________________________________ THOMAS L. ENRIGHT, JR. ASSISTANT ATTORNEY GENERAL

RPI/TLE:dsc

Enclosure

OPINION NUMBER 99-357

November 22, 1999

An elected City Councilman may also hold the part-time appointed position as a director of the Ville Platte Housing Authority.

Mr. Bennett Baquet, Mayor City of Ville Platte Post Office Box 390 Ville Platte, Louisiana 70586
Dear Mayor Baquet:

This office is in receipt of your opinion request in which you ask if a member of the Ville Platte City Counsel may be appointed as Director of the Ville Platte Housing Authority? You note that the city makes no monetary contributions and has no oversight of the housing authority. The Mayor however, appoints the five member board.

Our response is governed by the following provision of Louisiana's Dual Officeholding and Dual Employment law stating:

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. LSA-R.S. 42:63(D)

The office of City Councilman is a local elective office. The appointment to the Housing Authority is a part-time appointive office. The Dual Officeholding statute quoted above prohibits one holding an elective office in a political subdivision of this state while holding a full-time appointive office in the government of a political subdivision. As an appointment to the Ville Platte Housing Authority is not a full-time appointive office, the prohibition is not applicable. Thus, it is permissible for an individual to hold the part-time appointive office of Commissioner of the Ville Platte Housing Authority and hold the elected office of City Councilman for the City of Ville Platte. Note that this opinion is in concurrence with Attorney General Opinions 98-149 and 94-364 which have been attached for your convenience.

We hope the foregoing has sufficiently addressed your concerns. If our office can be of further service, please do not hesitate to contact us at your convenience.

Very truly yours,

RICHARD P. IEYOUB ATTORNEY GENERAL

By: J. RICHARD WILLIAMS
Assistant Attorney General

RPI/JRW/crt

OPINION NUMBER 98-149

February 24, 1999

78 DUAL OFFICEHOLDING LSA-R.S. 40:531(A); R.S. 42:62(4) and (5); R.S. 40:530
Elected city councilman may also hold part-time appointed position as commissioner of parish housing authority.

Ms. Donna Taylor St. Landry Parish Housing Authority Post Office Box 276 Washington, LA 70589

Dear Councilman Lemoine:

You requested an opinion from this office regarding whether, as a newly elected city councilman, you can continue to serve as a commissioner for the Ville Platte Housing Authority. Your request has been assigned to the undersigned for response.

The subjects of dual officeholding and dual employment of public officers and employees are treated generally at La. R.S.42:61, et seq. Of particular pertinence to your request is La. R.S. 42:63(D), which provides:

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.

Local housing authorities are political subdivisions of the state, independent from the municipalities or parishes which establish them. La. R.S. 40:384(16). The commissioners of local housing authorities are appointed officials. La. R.S. 40:531. If the position of commissioner is only a part-time appointive office, an elected city councilman could hold the appointive office of commissioner of a local housing authority, without violating the prohibitions in La. R.S. 40:63(D). "Part time" is the period of time which a person normally works or is expected to work in an appointive office or employment which is less than seven hours per work day and less than thirty-five hours per week of work. La. R.S. 42:62(5). We have been advised by the City Clerk of Ville Platte that the position of commissioner of the Ville Platte Housing Authority is a part time position.

Although it is our opinion that you may hold the part time appointive office of commissioner of the Ville Platte Housing Authority at the same time that you hold the elected office of city councilman for the City of Ville Platte, you must be cautious regarding actual or potential conflicts of interest. We have been advised by the City Clerk that the municipality contracts with the housing authority. You, at the least, would have to recuse yourself from participating whenever either entity takes any action dealing with the other. That is really an ethical matter and you may wish to seek an opinion from the state Board of Ethics.

We trust this opinion satisfies your query. Should you have further questions, please do not hesitate to contact us.

Very truly yours,

RICHARD P. IEYOUB ATTORNEY GENERAL

BY: ____________________________ RANDALL A. KARR ASSISTANT ATTORNEY GENERAL

Date Received: Date Released:

Randall A. Karr Assistant Attorney General

OPINION NUMBER 94-364

August 3, 1994

78 OFFICERS — Dual Officeholding LSA-R.S. 42:63 (D); LSA-R.S. 42:62 (4) (5)

A commissioner on the Board of the Housing Authority, a part-time appointive office, may also hold a local elective office in the same political subdivision.

Mr. Morris J. Chandler Executive Director Housing Authority Town of Colfax P.O. Box 179 Colfax, Louisiana 71417-0179

Dear Ms. Taylor:

You inquire whether the law permits an individual to simultaneously hold the position of St. Landry Parish Housing Authority Commissioner and the position of city councilman. Our response is governed by the following provision of Louisiana's Dual Officeholding and Dual Employment Law, stating:

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. See LSA-R.S. 42:63(D); (Emphasis added).

Commissioners are appointed by the parish governing authority and serve on a part-time basis. See LSA-R.S. 40:531(A).1
Commissioners serve on a part-time basis for purposes of Louisiana's Dual Officeholding and Dual Employment Law. See R.S.42:62(4) and (5).2 The prohibition quoted above is applicable only if the individual holds the local elective office of city councilman while serving in a full-time appointive office. Thus, a parish housing commissioner may simultaneously serve as an elected member of the municipal governing authority without violating state law. In accord is Attorney General Opinion 99-1, copy attached.

However, note that the Code of Governmental Ethics is applicable to all housing authority officials. See R.S. 40:530.3 Any ethical concerns should be forwarded to the State Board of Ethics, 8401 United Plaza Blvd., Suite 200, Baton Rouge, LA, 70809, for review and resolution.

Very truly yours,

RICHARD P. IEYOUB ATTORNEY GENERAL

BY: _____________________________ KERRY L. KILPATRICK ASSISTANT ATTORNEY GENERAL

KLK:ams

Date Received: Date Released: February 24, 1999

KERRY L. KILPATRICK ASSISTANT ATTORNEY GENERAL

1 R.S. 40:531 pertinently provides:

§ 531. Appointment of commissioners to local housing authority, vacancy, removal

A. When the governing body of any municipality or parish, as the case may be, has determined, by resolution as set forth in R.S.40:393, that it is expedient to establish a local housing authority, the chief elected official of the municipality or parish, or if no such official exists, then the governing body itself shall appoint five persons who shall constitute the governing body of the local housing authority and shall be called commissioners.

2 R.S. 42:62 (4) (5) provide:

(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.

3 R.S. 40:530 provides:

§ 530. Conflict of interest

All housing authority officials and employees are subject to the state Code of Governmental Ethics.

OPINION NUMBER 99-1

January 13, 1999

78 OFFICERS — Dual Officeholding

La. R.S. 40:384, 531; 42:61, et seq.

Elected city councilman may hold part time appointed position as commissioner of local housing authority established by the municipality he serves.

Honorable Phillip A. Lemoine Councilman, City of Ville Platte Post Office Drawer 989 Ville Platte, Louisiana 70586

Dear Mr. Chandler:

This office is in receipt of your opinion request directed to Attorney General Richard P. Ieyoub. The request has been assigned to me for research.

You inquire whether the law permits an individual to simultaneously hold the position of city housing authority commissioner and the position of city mayor or city councilman. Our response is governed by the following provision of Louisiana's Dual Officeholding and Dual Employment law, stating:

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. LSA-R.S. 42:63 (D).

Both the offices of mayor and councilman are local elective offices; the housing commissioner is a part-time appointive office, which position is designated by the mayor. The dual officeholding statute quoted above prohibits one holding an elective office in a political subdivision of this state while holding a full-time appointive office in the government of a political subdivision. An appointment as Commissioner of the Housing Authority for the Town of Colfax is not a full-time appointive office, and therefore the prohibition is not applicable. It is permissible for an individual to hold the part-time appointive office of commissioner and either the elective office of mayor or councilman. For your further reference, note that a full-time position would require a person to work at least seven hours per day of work and at least thirty-five hours per week; a part-time position is less than the number of hours of work defined as full-time. LSA-R.S. 42:62 (4) (5).

This opinion reaffirms Attorney General Opinion 90-78, a copy of which is enclosed. Despite our conclusion that there is not a technical violation of the dual-officeholding provision, we are cognizant of the fact that there may be an ethical problem should the mayor appoint himself as Commissioner of the Housing Authority. We refer all inquiries suggestive of an ethical problem to the Board of Ethics for Elected Officials, pursuant to the attached correspondence.

Very truly yours,

Richard P. Ieyoub Attorney General

By: Kerry L. Kilpatrick Assistant Attorney General

Attachment

July 19, 1994

Mr. R. Gray Sexton Executive Secretary Board of Ethics for Elected Officials 7434 Perkins Road Baton Rouge, LA 70808

Dear Ms. Albritton:

Your request for an opinion of the Attorney General has been referred to me for attention. Your question is whether a commissioner of the Housing Authority of the City of Bunkie can run for a seat on the City Council and remain on the Board of the Housing Authority until the election, and if elected, continue to serve as commissioner.

The commissioners of the Housing Authority for the City of Bunkie are appointed by the mayor, receive no pay and the Housing Authority receives no funds from the City nor State. The Board of Commissioners is the independent governing body over the Housing Authority.

The dual officeholding statute, R.S. 42:63 (D), prohibits one holding an elective office in a political subdivision of this State from holding at the same time another elective office or full-time appointive office in the government of this State or a political subdivision thereof. An appointment as commissioner of the Housing Authority for the City of Bunkie. not being a full-time appointive office, therefore, would not be prohibited under this statute.

Accordingly, we must conclude that a commissioner on the Board of the Housing Authority may not only remain in office while seeking election to a seat on the City Council. but may retain the part-time appointment, if elected.

We hope this sufficiently, answers your question, but if we can be of further assistance, please do not hesitate to contact us.

Sincerely yours,

WILLIAM J. GUSTE. JR. Attorney General

By: BARBARA B. RUTLEDGE
Assistant Attorney General

BRB:atb

Dear Mr. Sexton:

Enclosed please find a letter from Mr. Morris J. Chandler, Executive Director, Housing Authority of the Town of Colfax, P. O. Box 179, Colfax, Louisiana, 71417-0179.

This inquiry is in reference to whether 1) there is a conflict of interest with a Housing Authority Commission Member holding the City Mayor office while still on the Board of Commissioners; 2) there is a conflict of interest with the City Mayor (if elected) having rental property under the Section 8 subsidized rental program; 3) there is a conflict of interest with a Housing Authority Board Member serving on the City Council and retaining his Commissioner's status? As this is within your jurisdiction, I am forwarding this letter for your response.

Very truly yours,

Richard P. Ieyoub Attorney General

By: Kenneth C. Dejean General Counsel

OPINION NUMBER 90-78

March 26, 1990

Ms. Ruth D. Albritton, 87 — DUAL OFFICEHOLDING Executive Director Housing Authority, City of A commissioner on Board of Housing Bunkie Authority may not only remain in P.O. Box 1036 office while seeking election to a Bunkie, LA. 71322-5036 seat on City Council, but may retain part-time appointment, if elected.