Opinion Number

Dear Representative Smith:

Can a person who is employed part-time as an academic counselor and advisor at a state university at the same time hold office as a municipal councilman?

Generally, a person who holds an elective office in a political subdivision, such as a municipality, is prohibited from being employed by any state agency. (R.S. 42:63 (D)). However, R.S. 42:66B creates an exemption from dual officeholding prohibitions for any person who is employed in a professional educational capacity in . . . a(n) . . . educational institution . . .

Therefore, it is our opinion that the answer to your foregoing question is in the affirmative.

Very truly yours,

RICHARD P. IEYOUB ATTORNEY GENERAL

BY: __________________________ KENNETH C. DEJEAN GENERAL COUNSEL

KCD:ams