Opinion Number

Dear Ms. Morrow:

In response to your recent correspondence, note that our state Dual Officeholding and Dual Employment Laws, R.S. 42:61, et seq., prohibit one from holding federal employment and local elective office. R.S.42:63(A)(1) states:

A. (1) Except as otherwise provided in this Subsection, no person holding an elective office, appointive office, or employment in any of the branches of state government or of a political subdivision thereof shall at the same time hold another elective office, appointive office, or employment in the government of a foreign country, in the government of the United States, or in the government of another state.

A postal service employee is an employee of the federal government and is generally prohibited from holding any position with a political subdivision of the state. In accord is Attorney General Opinion 92-116.

Finally, note that there is an exemption in the law pertaining to the simultaneous holding of these positions. R.S. 42:66(I)(1) states:

I. (1) Nothing in this Part shall be construed to prevent an employee of the United States Postal Service from holding at the same time a local elective office in a village or town, provided such village or town has a population of five thousand or less, according to the latest federal decennial census.

The provision is inapplicable as the population of Natchitoches exceeds that contemplated by the exemption of R.S. 42:66(I)(1).

Very truly yours,

CHARLES C. FOTI, JR. ATTORNEY GENERAL

BY: _____________________________________ KERRY L. KILPATRICK ASSISTANT ATTORNEY GENERAL

KLK:ams

OPINION NUMBER 92-116

March 26, 1992

78 — Dual Officeholding

Even though a federal employee may run for political office he may not concurrently hold any position in state government or any of its political subdivisions.

R.S. 42:63(A)

Hon. Willie E. Crain State Senator, District 33 P.O. Box 249 Rayville, Louisiana 71269

Dear Senator Crain:

Your inquiry of recent date addressed to Attorney General Richard P. Ieyoub has been directed to me for attention and reply.

I understand your question to be as follows:

May a United States Postal Service employee run for a state office.

You advised that some time in the 1970's, regulations pertaining to post office employees running for political office have been changed that would permit the employee to run for political office. However, I had been advised on this date by the labor relations section of the local post office that generally a postal service employee may not run for political office. It was suggested that the employee contact his labor relations section for advices on any specific question.

Nevertheless, a postal service employee is an employee of the federal government and would be prohibited from the concurrent holding of a position with the state government or any of its political subdivisions, even if the employee or permitted to run for office. The pertinent provision contained in Louisiana's Dual Officeholding and Dual Employment Law in R.S. 42:63(A) reads as follows:

A No person holding an elective office, appointive office, or employment in any of the brances of state government or of a political subdivision thereof, shall at the same time hold another elective office, appointive office, or employment in the government of a foreign country, in the government of the United States or in the government of another state.

In you have any further question regarding this matter please contact our office.

Sincerely,

Richard P. Ieyoub ATTORNEY GENERAL

BY: __________________________ HARRY H. HOWARD SPEC. ASST. ATTORNEY GENERAL

HHH/rmd