Judges: CHARLES C. FOTI, JR., Attorney General.
Filed Date: 11/9/2005
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Barousse:
You advise that Mr. Vernon Martin serves as elected alderman for the City of Crowley. Mr. Martin is also employed by the A.S.S.I.S.T. agency in Crowley, a federally-funded program which assists the indigent and disabled of the parish.
Note first that R.S.
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. (Emphasis added).
The position of municipal council member is considered an elective office under state law. LSA-R.S.
Further, the Hatch Political Activity Act (
We assume that in his employment Mr. Martin exercises functions in connection with the activities which are federally funded; thus, he may not also hold the local elected office of Crowley alderman.
Very truly yours,
CHARLES C. FOTI, JR. ATTORNEY GENERAL
BY: ________________________________ KERRY L. KILPATRICK ASSISTANT ATTORNEY GENERAL
KLK:ams
(a) A State or local officer or employee may not
(4) "State or local officer or employee" means an individual employed by a State or local agency whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency. . . . .
(4) "state or local officer or employee" . . . does not include (A) an individual who exercises no functions in connection with that activity.