Judges: RICHARD P. IEYOUB
Filed Date: 11/22/2002
Status: Precedential
Modified Date: 7/5/2016
Dear District Attorney Cassidy:
This office is in receipt of your request for an opinion of the Attorney General in regard to a dual officeholding issue. You indicate you would like to hire the local elected city marshal to supervise your pre-trial intervention program. He was elected from Ward 2 of Jefferson Davis Parish, and your District encompasses all of that Parish. The position would be by contract to provide part-time supervisory duties for a flat fee.
You ask if the Dual Officeholding Law would prohibit the city marshal from working in a part-time position for the District Attorney's office under a professional service contract.
In Atty. Gen. Op. 83-832 this office was asked if the City Marshal of the City of Jennings, who is elected on a ward basis, could at the same time be employed as a part-time deputy sheriff with the Parish Sheriff's office. This office quoted R.S.
However, while the City Marshal, holding an elective office in the government of the state under R.S.
This office has rendered numerous opinions that have found that the Dual Officeholding statutes have no application for an individual who enters into a professional service contract as such is not considered to be a job compensated on a salary or per diem basis, and does not constitute employment within the dual officeholding prohibition. Atty. Gen Op. Nos. 02-342, 96-359, 95- 391, 92043, 90-578.
Accordingly, we are of the opinion that the relationship you intend to enter with the city marshal, being a professional service contract, would not violate the dual officeholding statute, and he may enter into such a contract and continue in the position as city marshal.
We hope this sufficiently answers your inquiry, but if we can be of further assistance, do not hesitate to contact us.
Very truly yours,
RICHARD P. IEYOUB ATTORNEY GENERAL
BY: __________________________ BARBARA B. RUTLEDGE Assistant Attorney General
RPI/bbr
Date Released: November 22, 2002