Attorney General of Louisiana — Opinion
March 20, 2000
SYLLABUS
OPINION NUMBER 00-63
78 — Officers — Dual Officeholding Honorable Henry “Tank” Powell Representative, House District 73 LSA-R.S. 42:63 (D); LSA-R.S. 423 South Ninth Street 42:66 (B) Ponchatoula, Louisiana 70454 A person serving on the Tangipahoa Parish School Board may also serve as director of the Louisiana Technical College-Hammond Area Campus as the latter position falls under the exemption for those persons employed in a professional educational capacity provided in LSA-R.S. 42:66 (B).
RICHARD P. IEYOUB
Dear Representative Powell:
You have requested an Attorney General’s opinion as to whether or not a person serving on the Tangipahoa Parish School Board may also serve as director of the Louisiana Technical College-Hammond Area Campus.
LSA-R.S. 42:63(D) states:
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 elective office.
This provision prohibits the holding of a local elective office, such as membership on the parish school board, and an appointed position within that same parish or state government.
However, LSA-R.S. 42:66(B) provides an exemption to the above prohibition:
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.
This office has consistently held that factors determining employment in a professional educational capacity include duties which affect the curriculum taught at the university or college, duties which require participation in the delivery of educational programs at the university or college, and duties which require the planning of long and short range educational goals for the students of the university or college. See Attorney General Opinions 94-393, 95-113, 97-304 and 98-82.
The common element shared by these factors is that each is related to or directly affects the curriculum or educational programs offered by the school. While you did not provide a job description for the director of the Louisiana Technical College-Hammond Area Campus, one can assume that such a position would entail duties that satisfy the above requirement.
Therefore, it is the opinion of this office that a person serving on the Tangipahoa Parish School Board may also serve as director of the Louisiana Technical College-Hammond Area Campus as the latter position falls under the exemption for those persons employed in a professional educational capacity provided in LSA-R.S. 42:66(B).
I trust that this addresses your concerns. Please contact this office should your request further assistance.
Very truly yours,
RICHARD P. IEYOUB ATTORNEY GENERAL
By: CARLOS M. FINALET, III Assistant Attorney General
RPI:CMF/mjb
Honorable Henry “Tank” Powell Representative, House District 73 423 South Ninth Street Ponchatoula, Louisiana 70454
Date Received Date Released March 20, 2000
CARLOS M. FINALET, III ASSISTANT ATTORNEY GENERAL