Opinion Number ( 1997 )

Dear Mr. Arceneaux:

We are in agreement with your legal conclusion that an elected chief of police violates the law by simultaneously holding full time employment as a patrolman for the police department in which he serves as police chief. Such situation runs afoul of LSA-R.S.42:63 (D) and LSA-R.S. 42:64 (A)(4) providing, respectively:

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. In addition no sheriff, assessor, or clerk of court shall hold any office or employment under a parish governing authority or school board, nor shall any member of any parish governing authority or school board hold any office or employment with any sheriff, assessor, or clerk of court. (Emphasis added.)

* * * * *

A. In addition to the prohibitions otherwise provided in this Part, no other offices or employments shall be held by the same person in combination if any of the following conditions are found to pertain and these prohibitions shall exist whether or not the person affected by the prohibition exercises power in conjunction with other officers:

* * * * *

(4) The incumbent of one office, whether or not in conjunction with fellow officers, or employment is required by law to execute orders and follow directions given by the incumbent of the other office or employment.

We have recently responded to Chief Gary Presswood regarding this matter in Attorney General Opinion 96-511; we enclose a copy for your reference.

Should you have further questions, please contact this office.

Very truly yours,

RICHARD P. IEYOUB ATTORNEY GENERAL

BY: _______________________________ KERRY L. KILPATRICK ASSISTANT ATTORNEY GENERAL

KLK:ams