Terrebonne dual office-holding AG opinion

The Louisiana Attorney General’s Office has given a qualified go-ahead for a Louisiana Technical College employee to run for a seat on the Terrebonne Parish School Board without being in violation of the state’s dual employment/dual officeholding laws.

Assistant Attorney General Kerry Kilpatrick, in writing the opinion, said the request for the opinion by school board President Clark Bonvillain did not provide the duties of Brenda Babin, who works at the L.E. Fletcher campus of the school, which he said must be reviewed before a final determination could be made.

“However, should she in fact be employed in a professional education capacity (teacher), she would be exempt from the general provision of the law which would otherwise prohibit her from serving as an elected school board member while at the same time holding state employment,” the opinion said.

Kilpatrick said state statute generally provides that “no person holding and elective office in a political subdivision of this state shall at the same time hold … employment in the government of this state.”

The opinion said that while state statute does prohibit a person from holding state employment while serving as a school board member, “there is an exemption in the law permitting one who is employed in a ‘professional educational capacity’ to hold an elective office.”

The opinion cited several previous opinions addressing the same issue in Lafourche, Natchitoches and St. Bernard parishes.

“Our expressed opinion relative to state law is limited to an examination of the dual office-holding provisions. Any potential ethical questions concerning this matter arising under the Code of Governmental Ethics are addressed by advisory ruling of the Louisiana State Board of Ethics,” Kilpatrick said.

Babin has held the Terrebonne school board position since January.