§ 42:66 — Exemptions

Louisiana § 42:66

• Jurisdiction: Louisiana
• Title 42: Public Officers and Employees

Text

§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. Nothing in this Part shall be construed to prohibit a certified public accountant
who is a member of a school board in any parish having a population of less than fifty
thousand according to the latest federal decennial census from holding employment with a
sheriff to provide financial or accounting services.
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. Nothing in this Part shall be construed to prohibit a member of the faculty or staff
of a public higher education institution from also holding an appointive office or employment
in the government of the United States in a health care facility as a health care provider or
researcher.
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.

Legislative History

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. 127, §1; Acts 2001, No. 335, §§1 and 2, 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 2006, No. 85, §3, eff. May 25, 2006; Acts 2011, 1 st Ex. Sess., No. 35, §1; Acts 2012, No. 811, §15, eff. July 1, 2012; Acts 2013, No. 414, §1; Acts 2018, No. 536, §1, eff. May 28, 2018.