Judges: RICHARD P. IEYOUB
Filed Date: 4/25/1995
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Long:
You have indicated that an administrative emergency exists due to the resignation of the City Manager, Finance Director and Office Manager, for the City of Donaldsonville. Your question is whether a member of the Municipal Council may serve as City Manager which is an appointive position under the Donaldsonville City Charter and whether the emergency permits non-compliance with the municipal code and the dual officeholding laws.
Our response is in the negative. The simultaneous holding of membership on the council and city office or employment are prohibited by Section 2-05 of the Donaldsonville Code although the Council could repeal this ordinance. Furthermore, LSA-R.S.
The distinction between an appointive office and an employment is that the appointive office is a position that is established or specifically authorized by the constitution, statutes or a home rule charter. We do not know whether the Donaldsonville Home Rule Charter establishes or authorizes the city manager position; however if it does so, an additional incompatibility problem is posed by LSA-R.S.
Finally, we are aware of no exemption from the dual officeholding provisions where an emergency exists.
Very truly yours,
RICHARD P. IEYOUB ATTORNEY GENERAL
BY: _____________________ KENNETH C. DEJEAN GENERAL COUNSEL