Judges: JAMES D. \"BUDDY\" CALDWELL, Attorney General
Filed Date: 4/13/2011
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Legrand:
You have asked this office to advise whether you may hold full-time employment as a police officer for the Henderson Police Department and at the same time hold elected office as constable.
The provisions of the Louisiana Dual Officeholding and Dual Employment Law, La.R.S.
While La.R.S.
We also point out that the position of police officer in the Town of Henderson is not subject to civil service rules and restrictions prohibiting a classified police officer from running for political office. The provisions of La.R.S.
Finally, this opinion is limited to an examination of state law regulating dual employment. Ethical concerns or situations involving conflicts of interest are resolved by the Louisiana State Board of Ethics. The Board renders advisory opinions regarding the Louisiana Code of Governmental Ethics, La.R.S.
Very truly yours,
JAMES D. "BUDDY" CALDWELL
ATTORNEY GENERAL
BY: __________________________
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
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(9) "Political subdivision" means a parish, municipality, 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 court, 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.
(1) There shall be one constable for the court of each justice of the peace in the several parishes of the state, who shall be of good moral character, be able to read and write the English language, possess a high school diploma or its equivalent as determined by the State Board of Elementary and Secondary Education, and be an elector and resident of the ward or district from which elected . . .
D. No person holding an elective office in a political subdivision of this 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 hold at the same time employment in the government of this state, or in the same political subdivision in which he holds an elective office . . .