Table of States - Dual Employment: Regulating Public Jobs for Legislators

Alaska

Begich v. Jefferson, 441 P.2d 27 (Alaska 1968).

Alaska Const. art. II, §5.

NO

"The positions of teacher, principal, or superintendent in a State operated school constitute positions of profit under Article II, § 5 of the Constitution of the State of Alaska, which provides that no legislator may hold any other office or position of profit under the United States or the State".

"the term [position of profit] was intended to prohibit all other salaried non-temporary employment under the United States or the State of Alaska".

No legislator may hold any other office or position of profit under the United States or the state. During the term for which elected and for one year thereafter, no legislator may be nominated, elected, or appointed to any other office or position of profit which has been created, or the salary or emoluments of which have been increased, while he was a member. This section shall not prevent any person from seeking or holding the office of Governor, Lieutenant Governor, or member of Congress. This section shall not apply to employment by or election to a constitutional convention.

Note: Superintendents of state schools and state school teachers hold positions of profit within the prohibition of article II, section 5 of Alaska's constitution.

Arkansas

Ark. Code Ann. §21-1-402 (2007).  

See also: Ark. Ag. Op. 2001-127.

YES - but only if position was held prior to election as a legislator. NO otherwise.

Restrictions on other employment.

  (a)  (1) Subject to any restriction or condition prescribed by the Arkansas Constitution and unless the person resigns prior to entering into the employment, no person elected to a constitutional office, after being elected to the constitutional office and during the term for which elected, may enter into employment with:
      (A) Any state agency;
      (B) Any public school district of this state in a noncertified position;
      (C) Any vocational education school funded by the state; or
      (D) Any education service cooperative.
   (2) Subject to any restriction or condition prescribed by the Arkansas Constitution, any constitutional officer who was employed by a state agency prior to being elected a constitutional officer may continue the employment, but the employment shall not thereafter be reclassified unless it is the result of a general reclassification affecting all positions of the class and grade equally, nor shall the constitutional officer receive any pay increase for that employment other than the cost-of-living increases authorized by the General Assembly without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor.
(b) No person whose spouse is elected to a constitutional office may, after the spouse is elected to the constitutional office and during the term for which the spouse is elected, enter into employment with any state agency without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor.
(c) This subchapter does not prohibit the spouse of any constitutional officer from being elected and serving in an elected office or from being appointed to fill the vacancy in any elected office.
(d) Any person who was employed by a state agency prior to the person's spouse being elected a constitutional officer and any person who entered into employment with a state agency during the spouse's service as a constitutional officer is subject to the following:
   (1) The person's position shall not thereafter be reclassified unless it is the result of a general reclassification affecting all positions of the class and grade equally nor shall the person, while the spouse serves as a constitutional officer or within two (2) years after the spouse leaves office, be promoted or transferred without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor; and
   (2) The person shall not receive any pay increase in excess of fifteen percent (15%) without the prior approval of the Joint Budget Committee during a legislative session, the Legislative Council between legislative sessions, and the Governor.
(e) A former member of the General Assembly and his or her spouse shall not be eligible to be employed by any state agency within twenty-four (24) months after the member leaves office in any job or position that:
   (1) Was newly created by legislative action within the twenty-four (24) months prior to the member's leaving office; or
   (2) Had a maximum salary level increase of more than fifteen percent (15%) authorized by legislative action within the twenty-four (24) months prior to the member's leaving office.
(f) A former member of the General Assembly shall not be eligible to be registered as a lobbyist under § 21-8-601 et seq. until the expiration of the term of office for which he or she was elected.

Colorado

YES

Legislators may hold employment at the state or local levels.

No laws restricting practice. Several legislators hold state jobs.

Delaware

Del. Code Ann. tit. 29, § 5821 (2007).

Del. Code Ann. tit. 29, § 5822 (2007).

YES - as long as the legislator is not being paid more than once for coincident hours of the workday

 (a) There are numerous elected state officials and other paid appointed officials who are also employed by state agencies, educational and other institutions, and other jurisdictions of government within the State.

(b) The members of the General Assembly believe that the taxpayers of Delaware should not pay an individual more than once for coincident hours of the workday.

(c) The State should have in place clear policies and procedures to ensure that taxpayers of the State as a whole, and of its various governmental jurisdictions, are not paying employees or officials from more than 1 tax-funded source for duties performed during coincident hours of the workday.

(a) Any person employed by the State, or by any political subdivision of the State, including but not limited to any county, city or municipality, who also serves in an elected or paid appointed position in state government or in the government of any political subdivision of the State, including but not limited to any county, city or municipality, shall have his or her pay reduced on a prorated basis for any hours or days missed during the course of the employee's normal workday or during the course of the employee's normal workweek while serving in an elected or paid appointed position which requires the employee to miss any time which is normally required of other employees in the same or similar positions.

(b) Any day an employee misses work due to his or her elected or paid appointed position, he or she shall have his or her immediate supervisor verify a time record stating specifically the number of hours worked that day; said verification to take place at least once every pay period.

(c) All time records, so verified, shall be kept by the immediate supervisor until such time as they are required by the State Auditor.

(d) No employee shall be permitted to make up time during hours other than the normal workday for purposes of compensation. A normal workday is defined by Merit Rule 5.0200. A standard work schedule is defined by Merit Rule 5.0210.

Notes: Legislators are allowed to receive public funds through employment except they may not work as "State Police" Officers.

The Delaware Public Integrity Commission has published a bulletin regarding dual government employment that is available at: http://depic.delaware.gov/sections/conduct/bulletins/ethbul9.shtml

Georgia

Georgia Code Ann. § 16-10-9 (2007).

NO

Acceptance of office or employment in more than one branch of government:

   (a) It shall be unlawful for:

   (1) Members of the General Assembly to accept or hold office or employment in the executive branch of the state government or any agency thereof or in the judicial branch of the state government;     

Note: This includes employment at two and four-year colleges & universities

Idaho

YES

Legislators may hold employment at the state or local levels.

No laws restricting practice. Several legislators hold state jobs.

Indiana

YES

Legislators may hold employment at the state or local levels.

No laws restricting practice. Several legislators hold state jobs.

Kansas

Kan. Const. art. II, § 5

YES

Legislators may not hold federal jobs but legislators are permitted to hold employment at the state and local levels.

No member of congress and no civil officer or employee of the United States or of any department, agency, or instrumentality thereof shall be eligible to be a member of the legislature. Any member of the legislature who accepts any appointment or election contrary to the foregoing shall be disqualified as a member of the legislature.

No laws restricting practice. Several legislators hold state jobs.

Louisiana

La. Rev. Stat. Ann. § 42:63(A) (2007).

La. Rev. Stat. Ann. § 42:64 (2007).

NO

(1) Except as otherwise provided in this Subsection, no person holding an elective office, appointive office, or employment in any of the branches of state government or of a political subdivision thereof shall at the same time hold another elective office, appointive office, or employment in the government of a foreign country, in the government of the United States, or in the government of another state.

(2) A person holding employment in the government of the United States and at the same time holding an appointive office in a political subdivision of the state shall not be in violation of this Subsection, unless the particular nature of his employment in combination with the duties and interests of his appointive office in a political subdivision of this state is otherwise prohibited by this Part or is found to be adverse to the public interest as set forth in R.S. 42:61.

(3) A person holding employment in the government of the United States and at the same time holding an elective office on a parish or city school board shall not be in violation of this Subsection, unless the particular nature of his employment in combination with the duties and interests of his elective office on a parish or city school board is otherwise prohibited by this Part or is found to be adverse to the public interest as set forth in R.S. 42:61.

B. Except as otherwise provided by the Louisiana constitution, no person holding office or employment in one branch of the state government shall at the same time hold another office or employment in any other branch of the state government.

C. No person holding an elective office in the government of this state shall at the same time hold another elective office, a full-time appointive office, or employment in the government of this state or in the government of a political subdivision thereof.

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 time 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.

E. No person holding a full-time appointive office or full-time employment in the government of this state or of a political subdivision thereof shall at the same time hold another full-time appointive office or full-time employment in the government of the state of Louisiana, in the government of a political subdivision thereof, or in a combination of these.

In addition to the prohibitions otherwise provided in this Part, no other offices or employments shall be held by the same person in combination if any of the following conditions are found to pertain and these prohibitions shall exist whether or not the person affected by the prohibition exercises power in conjunction with other officers:

(1) The incumbent of one of the offices, whether or not in conjunction with fellow officers, or employment has the power to appoint or remove the incumbent of the other, except that local governmental subdivisions may appoint members of the governing body to boards and commissions created by them and over which they exercise general powers as provided in Article VI, Section 15 of the Constitution of Louisiana. A board or commission so created may elect officers from its own membership, and if a joint commission of two parishes, except a joint commission that has as its function the operation and maintenance of a causeway and its related roadways, may also appoint a member of one of such parish's governing body to be its general superintendent.

   (2) The incumbent of one office, whether or not in conjunction with fellow officers, or employment receives the oath and/or bond of the incumbent of the other.

   (3) The incumbent of one office, whether or not in conjunction with fellow officers, or employment is charged by law with instituting actions for penalties against the incumbent of the other office or employment.

   (4) The incumbent of one office, whether or not in conjunction with fellow officers, or employment is required by law to execute orders and follow directions given by the incumbent of the other office or employment.

   (5) One office, whether or not in conjunction with fellow officers, or employment is charged with auditing the accounts of or approving the budget of the other position.

   (6) Funds received by one office or employment are deposited with or turned over to the other office or position.

B. A joint commission that has as its function the operation and maintenance of a causeway and its related roadways, created by two or more parishes, shall not appoint a member of the governing authority of any of the parishes or an employee thereof to the joint commission. No member of a parish governing authority or employee thereof shall serve as a member of a joint commission that has as its function the operation and maintenance of a causeway and its related roadways, created by the parish by agreement with one or more other parishes.

C. No other combination of offices or employments shall be deemed to be incompatible unless the powers, functions, or duties are found to be adverse to the public interest as set forth in Section 61 of this Part.

Note: The Louisiana Municipal Association has prepared a chart regarding dual employment that is available at: http://www.lma.org/dualofficeholding.htm

Maryland

Md. Code Ann., State Gov't § 15-513 (LexisNexis 2007).

NO unless the Joint Ethics Committee grants an exception - see law.

(a) Restriction on earned income. --

   (1) Except as provided in paragraph (2) or (3) of this subsection, a member of the General Assembly, a filed candidate for election to the General Assembly, or a member-elect of the General Assembly may not receive earned income from:

      (i) an Executive unit; or

      (ii) a political subdivision of the State.

   (2) The Joint Ethics Committee may exempt an individual from the provisions of paragraph (1) of this subsection if the earned income is for:

      (i) educational instruction provided by the member, candidate, or member-elect;

      (ii) a position that is subject to a merit system hiring process;

      (iii) a human services position; or

      (iv) a career promotion, change, or progression that is a logical transition from a pre-existing relationship as described in paragraph (3) (ii) of this subsection.

   (3) This subsection does not apply to compensation to a member, candidate, or member-elect pursuant to:

      (i) employment as a nonelected law enforcement officer or a fire or rescue squad worker; or

      (ii) a transaction or relationship that existed prior to:

         1. the filing of a certificate of candidacy for election to the General Assembly at a time when the individual was not an incumbent member of the General Assembly; or

         2. in the case of a member who was appointed to fill a vacancy, the date of the appointment.

(b) Report. -- A legislator shall report the following information in writing to the Joint Ethics Committee at the times and in the manner required by the Joint Ethics Committee:

   (1) if representing a person for compensation before a State or local government agency, except in a judicial proceeding or in a quasi-judicial proceeding, the name of the person represented, the services performed, and the consideration. The Joint Ethics Committee may adopt procedures to keep confidential the name of the person represented if that information is privileged or confidential pursuant to any provision of law governing proceedings before that State agency.

   (2) if representing a State or local government agency for compensation, the name of the agency, the services performed, and the consideration.

   (3) the name of any business enterprise subject to regulation by a State agency in which the legislator and a member of the legislator's immediate family (spouse and children living with the legislator), together or separately, have:

      (i) the lesser of:

         1. 10 percent or more of the capital stock of any corporation; or

         2. capital stock of any corporation with a cumulative value of $ 25,000 or more; and

      (ii) any interest in a partnership, limited liability partnership, or limited liability company.

   (4) details of any contractual relationship with the State or a State agency, or a local government in the State, including the subject matter and the consideration.

   (5) details of any transaction with the State, or a local government in the State, involving a monetary consideration.

(c) Public record. --

   (1) All reports filed under this section shall be a matter of public record.

   (2) The Joint Ethics Committee shall develop procedures under which a report required under this section may be filed electronically without any additional cost to the legislator.

Michigan

Mich. Const. art. IV, § 8

NO

No person holding any office, employment or position under the United States or this state or a political subdivision thereof, except notaries public and members of the armed forces reserve, may be a member of either house of the legislature.

Mississippi

1997 Miss. AG LEXIS 355.

Miss. Const. art. I, § 1.

Miss. Const. Art. I, § 2.

Miss. Code Ann. § 25-4-105.

YES - provided that the constitutional separation of powers provisions are not violated.

The Mississippi Supreme Court has held that "no officer of one department may perform a function 'at the core' of the power properly belonging to either of the other two departments." Dye v. State, 507 So. 2d 332, 343 (Miss. 1987), quoting Alexander v. State, 441 So. 2d 1329 (Miss. 1983). Stated otherwise, it is only "where the acts are 'ongoing and are in the upper level of governmental affairs' and have a substantial policy-making character" that service in two branches rises to constitutional concerns.

The powers of the government of the state of Mississippi shall be divided into three distinct departments, and each of them confided to a separate magistracy, to-wit: those which are legislative to one, those which are judicial to another, and those which are executive to another.

No person or collection of persons, being one or belonging to one of these departments, shall exercise any power properly belonging to either of the others. The acceptance of an office in either of said departments shall, of itself, and at once, vacate any and all offices held by the person so accepting in either of the other departments.

(3) No public servant shall:

   (a) Be a contractor, subcontractor or vendor with the governmental entity of which he is a member, officer, employee or agent, other than in his contract of employment, or have a material financial interest in any business which is a contractor, subcontractor or vendor with the governmental entity of which he is a member, officer, employee or agent.

   (b) Be a purchaser, direct or indirect, at any sale made by him in his official capacity or by the governmental entity of which he is an officer or employee, except in respect of the sale of goods or services when provided as public utilities or offered to the general public on a uniform price schedule.

   (c) Be a purchaser, direct or indirect, of any claim, certificate, warrant or other security issued by or to be paid out of the treasury of the governmental entity of which he is an officer or employee.

   (d) Perform any service for any compensation during his term of office or employment by which he attempts to influence a decision of the authority of the governmental entity of which he is a member.

   (e) Perform any service for any compensation for any person or business after termination of his office or employment in relation to any case, decision, proceeding or application with respect to which he was directly concerned or in which he personally participated during the period of his service or employment.

(4) Notwithstanding the provisions of subsection (3) of this section, a public servant or his relative:

      (b) May be a contractor or vendor with any authority of the governmental entity other than the authority of the governmental entity of which he is a member, officer, employee or agent or have a material financial interest in a business which is a contractor or vendor with any authority of the governmental entity other than the authority of the governmental entity of which he is a member, officer, employee or agent where such contract is let to the lowest and best bidder after competitive bidding and three (3) or more legitimate bids are received or where the goods, services or property involved are reasonably available from two (2) or fewer commercial sources, provided such transactions comply with the public purchases laws.

   (c) May be a subcontractor with any authority of the governmental entity other than the authority of the governmental entity of which he is a member, officer, employee or agent or have a material financial interest in a business which is a subcontractor with any authority of the governmental entity other than the authority of the governmental entity of which he is a member, officer, employee or agent where the primary contract is let to the lowest and best bidder after competitive bidding or where such goods or services involved are reasonably available from two (2) or fewer commercial sources, provided such transactions comply with the public purchases laws.

   (d) May be a contractor, subcontractor or vendor with any authority of the governmental entity of which he is a member, officer, employee or agent or have a material financial interest in a business which is a contractor, subcontractor or vendor with any authority of the governmental entity of which he is a member, officer, employee or agent: (i) where such goods or services involved are reasonably available from two (2) or fewer commercial sources, provided such transactions comply with the public purchases laws; or (ii) where the contractual relationship involves the further research, development, testing, promotion or merchandising of an intellectual property created by the public servant.

   (e) May purchase securities issued by the governmental entity of which he is an officer or employee if such securities are offered to the general public and are purchased at the same price as such securities are offered to the general public.

   (f) May have an interest less than a material financial interest in a business which is a contractor, subcontractor or vendor with any governmental entity.

   (g) May contract with the Mississippi Veteran's Home Purchase Board, Mississippi Housing Finance Corporation, or any other state loan program, for the purpose of securing a loan; however, public servants shall not receive favored treatment.

   (h) May be employed by or receive compensation from an authority of the governmental entity other than the authority of the governmental entity of which the public servant is an officer or employee.

   (i) If a member of the Legislature or other public servant employed on less than a full-time basis, may represent a person or organization for compensation before an authority of the governmental entity other than an authority of the governmental entity of which he is an officer or employee.

Montana

Mont. Code Ann., § 2-2-104 (2007).

YES - as long as the legislator is not being paid more than once for coincident hours of the workday.

(3) (a)  Except as provided in subsection (3)(b), a public officer, legislator, or public employee may not receive salaries from two separate public employment positions that overlap for the hours being compensated, unless:

(i)  the public officer, legislator, or public employee reimburses the public entity from which the employee is absent for the salary paid for performing the function from which the officer, legislator, or employee is absent; or

(ii)  the public officer's, legislator's, or public employee's salary from one employer is reduced by the amount of salary received from the other public employer in order to avoid duplicate compensation for the overlapping hours.

(b)  Subsection (3)(a) does not prohibit:

(i)  a public officer, legislator, or public employee from receiving income from the use of accrued leave or compensatory time during the period of overlapping employment; or

(ii)  a public school teacher from receiving payment from a college or university for the supervision of student teachers who are enrolled in a teacher education program at the college or university if the supervision is performed concurrently with the school teacher's duties for a public school district.

(c)  In order to determine compliance with this subsection (3), a public officer, legislator, or public employee subject to this subsection (3) shall disclose the amounts received from the two separate public employment positions to the commissioner of political practices.

Nevada

see: Heller v. Legislature, Nev. Adv. Op. No. 51, 93 P.3d 746 (July 14, 2004)

YES

YES

Legislators are permitted to hold employment at the state or local levels.

No laws restricting practice. Several legislators hold state jobs.

New York

N.Y. Pub. Off. Law § 74 (3)(a) (Consol. 2007).

YES - as long as employment is not in a position that could conflict with duties as a state legislator.

No officer or employee of a state agency, member of the legislature or legislative employee should accept other employment which will impair his independence of judgment in the exercise of his official duties.

North Dakota

N.D. Legislative Assembly Joint Rules, Ch. X, § 1001 (Legislative Ethics Policy):

N.D. Cent. Code, § 44-01-14 (2007).

YES

(3) Membership in the Legislative Assembly is not a full-time occupation and is not compensated on that basis. Continued membership is on an elected-term basis, requiring each member to recognize and contemplate that election will not provide any career tenure. These characteristics ensure that each member is rooted to a community and that legislation reflects the needs and values of citizens.

(4) A member such as a teacher, administrator, state employee, farmer, labor leader, lawyer, independent business person, or any salaried employee must look to a source of income from other than legislative compensation for sustenance and support; moreover, every member must plan for return to that individual's regular employment, business, or profession.

Legislators are permitted to hold employment at the state and local levels.

No laws restricting practice. Several legislators hold state jobs.

No officer or employee of the state who is bonded in the state bonding fund may become a surety upon any bond or undertaking while that person's coverage in such fund is effective. No officer or employee of any municipality, political subdivision, or public corporation may become a surety upon any bond or undertaking of any other officer or employee thereof, nor on any bond or undertaking of a depository of the funds thereof. As used in this section, "officer" includes deputy officers and officers appointed by the courts, and "employee" includes all persons other than officers so defined who may perform or contract to perform services for a consideration, and includes subcontractors on public works.

Oklahoma

Op.Atty.Gen. No. 80-172 (Oct. 28, 1980).

YES

A municipal employee, i.e. a police officer or a firefighter, may be a candidate for the state legislature without relinquishing the office of a municipal employee.

Upon assumption of a legislative office, a police officer must relinquish his position as police officer as a matter of law as both the position of legislator and the position of police officer are public offices.

Pennsylvania

65 Pa. Stat. Ann. § 16 (2007).

In re Hennessey, 146 Pa. Commw. 520, 606 A.2d 612 (1992).

NO

State legislator may not hold employment at the state or local levels.

No senator or representative shall, during the time for which he shall have been elected, be appointed to any civil office under this commonwealth; and no member of Congress or other person holding any office, except of attorney-at-law or in the militia, under the United States or this commonwealth, shall be a member of either House during his continuance in office. They shall receive no other compensation, fees or perquisites of office for their services from any source, nor hold any other office of profit under the United States, this state or any other state.

Notes: A Pennsylvania Attorney General Opinion has held that the office of State Representative is incompatible with the Office of a school district superintendent (AG Op. number unavailable).

Case law has held that the appointed public defender (but not his deputies) cannot be a member of the legislature - but that the public defender may run for office in the Legislature (they must resign before being seated in the legislature, if elected).

South Carolina

See: 1976 S.C. AG LEXIS 399; 1984 S.C. AG LEXIS 24; 1984 S.C. AG LEXIS 172.

YES

Tennessee

Tenn. Code Ann. § 12-4-101(a)(1) (2007) as interpreted by Op. Atty Gen. 00-064.

Code of Ethics for Tenn. State Senate, Article II, § 2 (2007).

YES

Legislators may hold employment at the state or local levels.

"A legislator may serve as a state employee and may vote on the general appropriations bill, but may not vote on a specific amendment to the budget or a specific appropriation or resolution in which the legislator is directly interested because he or she is a state employee."

(c) Actions which constitute an abuse of his official position or a violation of his trust:

(1) A Senator shall not accept employment, or engage in any business, or be

involved in any activity which he might reasonably expect would require him to

disclose confidential information gained by virtue of his office.

(2) A Senator shall not enter into any contract with any department, agency, board,

or commission of state government, exclusive of any county, city, metropolitan

government, or other political subdivision of the state, involving services or property.

Provided, however, a Senator who has entered into such a contract prior to his or her

election as a Senator may fulfill a then existing obligation under said contract.

Utah

Utah Code Ann. § 67-19-19 (2007).

Jenkins v. Bishop, 589 P.2d 770 (Utah 1978).

YES - provided that if a state career service employee is elected as a legislator that they are not paid more than once for coincident hours of the workday.

Except as otherwise provided by law or by rules promulgated under this section for federally aided programs, the following provisions apply with regard to political activity of career service employees in all grades and positions:

   (1) Career service employees may voluntarily participate in political activity subject to the following provisions:

      (a) if any career service employee is elected to any partisan or full-time nonpartisan political office, that employee shall be granted a leave of absence without pay for times when monetary compensation is received for service in political office;

Teachers and school administrators are not disqualified to become candidates, nor from being elected as members of the Legislature.

See also: Eligibility of Public Officers and Employees to Serve in the State Legislature: An Essay on Separation of Powers, Politics, and Constitutional Policy - 1988 Utah L. Rev. 295.

Virginia

Va. Code Ann. 30-103(5)-(6) (2007).

See opinion of Attorney General to The Honorable Robert H. Brink, Member, House of Delegates, 01-041 (6/8/01).

Va. Const. art. IV, § 4.

Va. Code Ann. § 2.2-2800 (2007).

YES - provided that the statutory conflict of interest provisions are not violated.

A legislator is prohibited from accepting any position that would "reasonably tend to influence him in the performance of his official duties" or where "there is a reasonable likelihood that the opportunity is being afforded him to influence him in the performance of his official duties." The legislator bears the initial burden of determining whether a business opportunity is being offered to influence him in his official capacity, and if so, the legislator must decline such opportunity to avoid an impermissible conflict of interest.

A classified state employee, serving at the deputy director level at a state facility within an agency of the executive branch, may be a candidate for and, if elected, serve in the General Assembly.

No person holding a salaried office under the government of the Commonwealth, and no judge of any court, attorney for the Commonwealth, sheriff, treasurer, assessor of taxes, commissioner of the revenue, collector of taxes, or clerk of any court shall be a member of either house of the General Assembly during his continuance in office; and his qualification as a member shall vacate any such office held by him. No person holding any office or post of profit or emolument under the United States government, or who is in the employment of such government, shall be eligible to either house.

Notes: State legislators are barred from holding federal employment.

West Virginia

W. Va. Const. Art. VI, § 13.

49 Op. Att'y Gen. 80 (1961).

Op. Att'y Gen., Jan. 4, 1980.

YES - as long as the legislator is not being paid more than once for coincident hours of the workday.

No person holding any other lucrative office or employment under this State, the United States, or any foreign government; no member of Congress; and no person who is sheriff, constable, or clerk of any court of record, shall be eligible to a seat in the legislature.

Notes:

An employee of the State, as distinguished from an officer thereof, may be a member of the legislature, so long as he does not accept a salary from such employment during the time when the legislature is in session.

This section does not necessarily apply in every situation in which a legislator performs public services or receives compensation from public funds for such services. For instance, a number of legislators are teachers in the public schools. However, inasmuch as they are employees of county boards of education rather than the State, this section does not prohibit such employment.

Wyoming

YES

Legislators may hold employment at the state or local levels.

No laws restricting practice. Several legislators hold state jobs.

Puerto Rico

P.R. Const. art. VI, § 10.

1965 Op. Sec. Jus. No. 41.

NO

No person shall draw a salary for more than one office or position in the government of Puerto Rico.

Note: It is evident that the purpose of the limitation established by the Constitution was to prohibit the double compensation derived from offices or positions held in the Government of Puerto Rico but it should not be inferred that it was intended to include compensation from the Federal Government.