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September 6, 2000 OPINION 00-324 Honorable Michael J. Waguespack Sheriff, Assumption Parish P. O. Box 69 Napoleonville, LA 70390 Dear Mr. Waguespack: You inquire whether the Assumption Parish Sheriff’s Office may hire a school board member as a non-commissioned civilian employee. Our response is in the negative, based upon the authority of the Louisiana Dual Officeholding and Dual Employment Laws, R.S. 42:61 et seq., with specific reference to R.S. 42:63(D), which provides: 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 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. In further support is Attorney General Opinion 98-325, copy attached. However, this office has previously observed that where an individual enters into a professional services contract, such is not considered to be a job compensated on a salary or per diem basis, and does not constitute employment within the dual officeholding prohibition. See Attorney General Opinions 96-359, 95-391, 93-190, 92- 43, and 90-578. Should this individual enter into a contractual relationship with the Sheriff’s Office to perform the services provided, no dual officeholding problem would be incurred vis-à-vis his membership with the school board. 78 DUAL OFFICEHOLDING R.S. 42:61 et seq., R.S. 42:63(D) Where an individual enters into a professional services contract, such is not considered to be a job compensated on a salary or per diem basis, and does not constitute employment within the dual officeholding prohibition. Sheriff Michael Waguespack OPINION 00-324 Page 2 We hope the foregoing answers you inquiry. If this office may be of any further assistance to you, please contact us. Very truly yours, RICHARD P. IEYOUB ATTORNEY GENERAL BY: ________________________________ KERRY L. KILPATRICK ASSISTANT ATTORNEY GENERAL KLK:ams Sheriff Michael Waguespack OPINION 00-324 Page 3 SYLLABUS 79 DUAL OFFICEHOLDING R.S. 42:61 et seq., R.S. 42:63(D) Where an individual enters into a professional services contract, such is not considered to be a job compensated on a salary or per diem basis, and does not constitute employment within the dual officeholding prohibition. Honorable Michael J. Waguespack Sheriff, Assumption Parish P. O. Box 69 Napoleonville, LA 70390 Date Received: Date Released: September 6, 2000 KERRY L. KILPATRICK ASSISTANT ATTORNEY GENERAL