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February 9, 2000 OPINION NUMBER 00-47 E. Joseph Savoie Commissioner of Higher Education, Board of Regents 150 Third Street, Suite 129 Baton Rouge, Louisiana 70801-1389 Dear Mr. Savoie: You have requested an Attorney General's opinion as to whether an individual may hold the elected office of mayor in a municipality while simultaneously serving on Board of Regents. The Board of Regents falls under the executive branch of state government for the purposes of Louisiana's dual officeholding laws. LSA-R.S. 42:62(6). Members to the Board of Regents are appointed by the Governor and, as you describe, meet approximately two days a month with other occasional meetings scheduled when necessary. They also receive a per diem and reimbursement for expenses. A municipality of the state is considered a political subdivision under the dual officeholding laws. LSA-R.S. 42:63(9). LSA-R.S. 42:63(D), in pertinent part, states: 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…. A member of the Board of Regents holds part-time appointive office in state government. Therefore, serving in that capacity while at the same time holding elective office as a mayor of a municipality is not prohibited under the dual officeholding provisions. I trust this addresses your concerns. Please contact this office should you require further assistance. Yours very truly, RICHARD P. IEYOUB ATTORNEY GENERAL BY: ______________________ CARLOS M. FINALET, III Assistant Attorney General OPINION NUMBER 00-47 78 - Officers - Dual Officeholding LSA-R.S. 42:62(6); LSA-R.S. 42:63(9); LSA-R.S. 42:63(D) A mayor may simultaneously serve on the Board of Regents. SYLLABUS OPINION NUMBER 00-47 78 - Officers - Dual Officeholding LSA-R.S. 42:62(6); LSA-R.S. 42:63(9); LSA-R.S. 42:63(D) A mayor may simultaneously serve on the Board of Regents. E. Joseph Savoie Commissioner of Higher Education, Board of Regents 150 Third Street, Suite 129 Baton Rouge, Louisiana 70801-1389 Date Received: Date Released: February 9, 2000 CARLOS M. FINALET, III ASSISTANT ATTORNEY GENERAL