Opinion Number

Dear Mr. Holton:

You have asked this office to advise you whether or not you may hold the elected office of parish councilman and continue in your full-time employment with the hospital service district. The hospital service district is a political subdivision, separate from the police jury, although created by the police jury. See R.S. 46:1060;1 R.S.42:62(9)2. Under the provisions of R.S. 42:63(D)3 of the Louisiana Dual Officeholding and Dual Employment Law a person elected to local office may not hold full-time employment in the same political subdivision in which he holds elective office. In the alternative, a local elected official may be employed in a separate local political subdivision, whether full-time or part-time.

We conclude you may continue to hold both positions simultaneously. In accord are Attorney General Opinions 00-393 and 83-131, copies attached.

Very truly yours,

CHARLES C. FOTI, JR. ATTORNEY GENERAL

BY: ____________________________ KERRY L. KILPATRICK ASSISTANT ATTORNEY GENERAL

KLK:ams

1 R.S. 46:1060 states:

§ 1060. District to constitute body corporate; powers

Any hospital service district thus created and named by any police jury of any parish in the state shall constitute a body corporate in law with all the powers of a corporation, shall have perpetual existence, shall have the power and right to incur debts and contract obligations, to sue and be sued, and to do and perform any and all acts in its corporate capacity and its corporate name necessary and proper for the carrying out of the objects and purposes for which the hospital service district was created. Such hospital service district shall have the right and power of expropriating property for the purpose of acquiring land for any purpose that it may find necessary in the operation of a hospital service district and may reacquire by donations or purchase, any existing hospital facility in the district. It shall also have the power and authority to acquire any and all necessary equipment and buildings for the purpose of performing the objects for which it is formed, and shall own all sites and physical facilities which are acquired either by donation, purchase, expropriation, exchange and otherwise in full ownership.

2 R.S. 42:62(9) states:

(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.

3 R.S. 42:63(D) states:

D. No person holding an elective office in a political subdivision ofthis 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 holdat the same time employment in the government of this state, or in thesame 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).

OPINION NUMBER 00-393

October 26, 2000

78 DUAL OFFICEHOLDING R.S. 46:1060; LSA-R.S. 42:62(9)

Employee of parish hospital service district may hold local elective office of police juror.

Mr. Chris Paige 345 Pavie Street Natchitoches, LA 71457

Dear Mr. Paige:

You recently contacted this office to inquire whether you may legally continue in your employment as a respiratory therapist with the Natchitoches Parish Hospital Service District while holding the local elective office of parish police juror.

The hospital service district is a political subdivision, separate from the police jury, although created by the police jury. See R.S. 46:1060; LSA-R.S. 42:62(9). Under the provisions of LSA R.S. 42:63(D) of the Louisiana Dual Officeholding and Dual Employment Law a person elected to local office may not hold full-time employment in the same political subdivision in which he holds elective office. In the alternative, a local elected official may be employed in a separate local political subdivision, whether full-time or part-time.

Thus, it is our opinion that you may continue to discharge the responsibilities imposed upon both positions. In accord is Attorney General Opinion 83-131, copy attached.

Very truly yours,

RICHARD P. IEYOUB ATTORNEY GENERAL

BY: __________________________ KERRY L. KILPATRICK ASSISTANT ATTORNEY GENERAL

KLK:ams

OPINION NUMBER 83-131

February 8, 1983

78: Dual Officeholding Employee of Parish Hospital District may run for and serve as apolice juror. R.S. 42:63 (D); R.S. 46:1060

Mr. Samuel W. Mitcham, Jr. Director of Public Relations Morehouse General Hospital 323 West Walnut Street Bastrop, Louisiana 71220

Dear Mr. Mitcham:

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

You ask the followino question:

Whether an employee of a hospital Service district might also run and simultaneously hold the office of police juror.

You have kindly furnished me with a copy of the parish ordinance creating the Morehouse Parish Hospital Service District, in accordance with R.S. 46:1051 et seq. Although created by the police jury, the hospital district is a separate political subdivision from that of the police jury. R.S. 46:1060; R.S. 42:62 (9).

Under the provisions of R.S. 42:63 (D) of the Louisiana Dual
officeholding and Dual Employment Law a person elected to local office could not hold a full-time appointed office, or employment of any kind with the state or the same local political subdivision; conversely, the local elected official could be employed full time or part time in a separate local political subdivision.

Therefore, it is the opinion of our office, except as may be limited by conditions of employment or civil service laws a person employed as a nurse by the Morehouse General Hospital may run for and, if elected, serve as a police juror for the parish of Morehouse.

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