TITLE 42. PUBLIC OFFICERS AND EMPLOYEES

CHAPTER 2. ELIGIBILITY TO HOLD OFFICE OR POSITION

PART III. DUAL OFFICEHOLDING AND DUAL EMPLOYMENT

 

42:66  Exemptions

 

A. Nothing in this Part shall be construed to prohibit any of the following classes of officials or employees from serving in other offices or employments:

 

(1) Notaries public.

 

(2) Officers in the military service of the United States detailed to educational institutions in the state and persons serving in the National Guard or reserve military forces of the United States or of the state of Louisiana.

 

(3) Delegates to and employees of any constitutional convention or any charter commission.

 

(4) Presidential electors.

 

(5) Persons serving on any board, commission, or committee which is solely advisory in nature.

 

(6) The governor or his designee, when serving as a member of a state agency, commission, or other state entity in accordance with a provision of the constitution, laws, resolution, or executive order of this state.

 

(7) Any official who holds another office by virtue of the office to which he is elected or appointed.

 

(8) A board member of a community action agency.

 

(9) Persons serving as district or state soil and water conservation committee members.

 

(10) The current administrator of the Jefferson pre-trial release program.

 

B. Nothing in this Part shall be construed to prevent a school teacher or person employed in a professional educational capacity in a grade school, high school, other educational institution, parish or city school board from holding at the same time an elective or appointive office.

 

C. Nothing in this Part shall be construed to prohibit a municipal officer or employee from holding another municipal office or employment as authorized by R.S. 33:381(C).

 

D. Nothing in this Part shall be construed to prohibit a municipal and/or parochial officer or employee from holding another municipal and/or parochial office or employment as specifically authorized by a legislative or home rule charter, nor shall it be construed to authorize a municipal and/or parochial officer or employee to hold another municipal and/or parochial office or employment when prohibited by a home rule charter.

 

E. Repealed by Acts 2006, No. 85, § 3, eff. May 25, 2006.

 

F. Nothing in this Part shall be construed to prohibit a coroner from holding another appointive office or employment in any governmental entity in the capacity of a physician.

 

G. Nothing in this Part shall be construed to prohibit the following persons from also holding the position of assistant United States attorney when so designated for cooperative efforts in criminal prosecutions and without additional compensation:

 

(1) The attorney general.

 

(2) Assistant attorneys general.

 

(3) District attorneys.

 

(4) Assistant district attorneys.

 

(5) City attorneys.

 

(6) Assistant city attorneys.

 

H. Nothing in this Part shall be construed to prevent a member of a board of a health care facility of the state, or a political subdivision thereof, from also serving as an employee of a health care facility of the United States government.

 

I. (1) Nothing in this Part shall be construed to prevent an employee of the United States Postal Service from holding at the same time a local elective office in a village or town, provided such village or town has a population of five thousand or less, according to the latest federal decennial census.

 

(2) Nothing in this Part shall be construed to prohibit a person employed in the state classified civil service as a toll collector, whether full time or part time, from at the same time being employed as an emergency rural carrier with the United States Postal Service, provided that such person was employed as a toll collector as of January 1, 1999.

 

J. Nothing in this Part shall be construed to prohibit an elected school board member from holding employment as a juvenile probation officer in a district court, as a parish prison warden, or as a deputy sheriff provided that such person, on September 7, 1979, held elective office as a school board member and at the same time held elective or appointive office in juvenile services of the district court, or held elective office as a school board member and at the same time held employment as a parish prison warden or as a deputy sheriff and has continued to so serve as a school board member and in juvenile services of the district court, or as a school board member and as a parish prison warden or a deputy sheriff.  The provisions of this Subsection relative to parish prison wardens and deputy sheriffs shall not be applicable in Orleans Parish, Jefferson Parish, or East Baton Rouge Parish.

 

K. Nothing in this Part shall be construed to prohibit a mayor of a municipality with a population of not more than five thousand who is a licensed physician from being employed in or appointed to any position for which a physician is required at the Lallie Kemp Regional Medical Center.

 

L. (1) Nothing in this Part shall be construed to prevent a deputy sheriff from holding the office of either mayor or alderman of a municipality, provided such municipality has a population of two thousand five hundred or less, according to the latest federal decennial census.

 

(2)(a) Nothing in this Part shall be construed to prohibit a deputy sheriff from holding the office of part-time constable of a justice of the peace court whose jurisdiction has a population of fifteen thousand or fewer persons according to the 1990 federal decennial census, or from holding the office of part-time constable or part-time marshal of a city court in a municipality with a population of ten thousand or fewer persons according to the 1990 federal decennial census, provided such person held both the office of deputy sheriff and the office of constable or marshal prior to January 1, 1997.

 

(b) Repealed by Acts 2001, No. 127, § 1.

 

M. Nothing in this Part shall be construed to prohibit a chief of police of a municipality with a population of less than five thousand according to the 1990 federal decennial census from holding the office of deputy sheriff.

 

N. Nothing in this Part shall be construed to prohibit a person holding employment in the government of the state from holding at the same time an elective office in the government of a municipality of this state with a population of less than six thousand five hundred according to the 1990 federal decennial census, unless the particular nature of such employment in combination with the duties and interests of such elective office is incompatible as provided in this Part or is found to be adverse to the public interest as set forth in R.S. 42:61.

 

O. Repealed by Acts 2001, No. 335, § 2, eff. Dec. 31, 2002.

 

P. Nothing in this Part shall be construed to prohibit the clerk of court of Jefferson Parish from holding the clerk of court position provided in R.S. 13:2590.2.

 

Added by Acts 1979, No. 700, § 1.  Amended by Acts 1982, No. 466, § 1, eff. July 21, 1982;  Acts 1988, No. 408, § 1;  Acts 1989, No. 673, § 1;  Acts 1990, No. 1094, § 1, eff. July 31, 1990;  Acts 1992, No. 1073, § 1;  Acts 1995, No. 656, § 1;  Acts 1998, 1st Ex.Sess., No. 153, § 1;  Acts 1999, No. 249, § 1;  Acts 1999, No. 251, § 1, eff. June 11, 1999;  Acts 1999, No. 374, § 1;  Acts 2001, No. 335, § 1, eff. June 6, 2001;  Acts 2001, No. 749, § 2, eff. June 25, 2001;  Acts 2002, 1st Ex.Sess., No. 133, § 1, eff. April 23, 2002;  Acts 2011, 1st Ex.Sess., No. 35, § 1;  Acts 2012, No. 811, § 15, eff. July 1, 2012.