June 27, 2012
OPINION 12-0105
78 DUAL OFFICE HOLDING
La. R.S. 42:61, et seq.
A member of the board of a nonprofit homeowner’s association is not prohibited by the state dual officeholding laws from at the same time holding state employment.
Honorable Jon D. Johnson
Councilman
New Orleans City Council
1300 Perdido Street
Room 2W60
New Orleans, LA 70112
Dear Mr. Johnson:
You have asked this office to advise whether a state employee may hold state employment while at the same time serving as a member of the board of her homeowner’s association.
Your inquiry prompts a review of the Dual Officeholding and Dual Employment Laws, La. R.S. 42:61, et seq. These statutes govern the legality of the holding of two or more public offices and/or employments. The terms elective office, appointive office and employment are specifically defined by La. R.S. 42:62.1
While a state employee holds employment pursuant to La. R.S. 42:62(3), a member of the board governing a nonprofit homeowner’s association does not hold public employment, nor appointive or elective office as defined by La. R.S. 42:62. Because these facts do not contemplate the holding of two or more positions of public office or employment, the prohibitions of the dual office holding laws are inapplicable.
Our legal opinion is limited to an examination of the dual officeholding law. Please note that this opinion does not address the potential applicability of the provisions of the Louisiana Code of Governmental Ethics, La. R.S. 42:1111, et seq. Advisory rulings addressing questions under the Ethics Code are within the jurisdiction of the Louisiana State Board of Ethics. The Board may be contacted at the following address: P.O. Box 4368, Baton Rouge, LA 70821, phone: 225-219-5600.
We hope the foregoing is helpful to you. Should you have other questions with which we may provide assistance, please contact this office.
Very truly yours,
JAMES D. “BUDDY” CALDWELL
ATTORNEY GENERAL
BY: ____________________________
KERRY L. KILPATRICK
ASSISTANT ATTORNEY GENERAL
KLK:arg
1La. R.S. 42:62(1) defines “elective office” as “any position which is established or authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof, and which is not a political party office, and which is filled by vote of the citizens of this state or of a political subdivision thereof.”
La. R.S. 42:62(2) defines “appointive office” as “any office in any branch of government or other position on an agency, board, or commission or any executive office of any agency, board, commission, or department which is specifically established or specifically authorized by the constitution or laws of this state or by the charter or ordinances of any political subdivision thereof and which is filled by appointment or election by an elected or appointed public official or by a governmental body composed of such officials of this state or of a political subdivision thereof.”
La. R.S. 42:62(3) defines “employment” as “any job compensated on a salary or per diem basis, other than an elective or appointed office, in which a person is an employee of the state government or of a political subdivision thereof.”