Answer

Because the Town Clerk’s responsibilities involve processing transactions for payments including for their own appointed board position, the Town should seek both an Ethics Advisory Opinion and an opinion from the Attorney General. The Dual Officeholding and Dual Employment Law, R.S. 42:61, et seq., generally allows for an individual to serve in both a full-time appointed position (Town Clerk) and a part-time position (board or commission member). However, if the two positions are deemed incompatible, the individual would be prohibited from serving in both positions. R.S. 42:64. The AG, as one of the individuals charged with enforcement of the Dual Officeholding and Dual Employment Law, can assist in determining based upon the specific facts and circumstances whether an incompatibility exists. Louisiana Legislative Auditor website: 05/18/2024 06:37:04 PM