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50 State Table Dual Employment

Dual Employment: Regulating Public Jobs for Legislators - 50 State Table

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Can state legislators balance their public office with other public employment? Dual employment─also known as double dipping─is the practice of drawing two government incomes. Through constitutional provisions and statutes, states may curb other public sector employment opportunities. Some states exempt teachers from dual employment provisions. This table is intended to provide general information about limitations on other governmental employment for legislators, at the federal, state, local and municipal level, and does not necessarily address all aspects of this topic. 

AL | AK | AZ | AR | CA | CO | CT | DE | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT | NE | NV | NH | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VA | WA | WV | WI | WY | GU | PR | VI

Updated January 2014

State/Cite Can a legislator hold other public employment? 

Alabama

 §29-1-26

NO

"Legislative double dipping prohibited."

(a) This section shall be known and may be cited as the Legislative Double Dipping Prohibition Act.

(b) Any other provision of law to the contrary notwithstanding, and except as provided in subsection (c), a member of the Legislature, during his or her term of office, may not be an employee of any other branch of state government, any department, agency, board, or commission of the state, or any public educational institution including, but not limited to, a local board of education, a two-year institution of higher education, or a four-year institution of higher education. For purposes of this section, employee means any of the following:

(1) An employee as defined in Section 36-27-1, or a teacher as defined in Section 16-25-1. An employee as defined in this subsection shall not include any person receiving pension benefits from the Retirement Systems of Alabama.

(2) A person who is personally providing services under a personal or professional services contract paid for by the department, agency, board, commission, or educational entity, including the Department of Postsecondary Education or a two-year institution of higher education, except that persons appointed by any court or any district attorney in this state to provide legal services on a temporary, case-by-case, or part time basis shall not be considered an employee for purposes of this section.

(3) A person who has a substantial financial interest by reason of ownership of, control of, or exercise of power over any interest greater than five percent of the value of any corporation, partnership, company, joint venture, or other business entity that is providing goods or services under any contract paid for by the branch, department, agency, board, commission, or educational institution, including the Department of Postsecondary Education or a two-year institution of higher education, except for contracts awarded pursuant to competitive bidding, on sealed bids, to the lowest responsible bidder, and except where the contract service of the business or the business entity with the state branch, department, agency, board, commission, or educational institution consists of acting as a qualified public depository for a public depositor under Chapter 14A of Title 41. The competitive bidding requirements of this subdivision do not apply during an emergency or disaster situation where the legislator is the single or sole source provider of necessary emergency equipment or services.

Exemptions:

(c) The prohibition provided in subsection (b) does not apply to any of the following:

(1) Any administrative or teaching contract that does not extend beyond December 31, 2014. (2) The continued employment of a legislator, until November 5, 2014, if the legislator is an employee or teacher as provided in subdivision (1) of subsection (b) on December 1, 2010. (3) Any contract as provided in subdivision (2) or subdivision (3) of subsection (b) that is in force on December 1, 2010, if the contract expires before November 5, 2014. (4) Membership in or employment by the Alabama National Guard, the civil defense force, or the state defense force including, but not limited to, the Naval Militia, the Alabama State Guard, organized in lieu of the National Guard, the civilian auxiliary of the United States Air Force known as the Civil Air Patrol, the National Disaster Medical System, or any other reserve component of the uniformed services of the State of Alabama or the United States. (5) Any contract with providers of Medicaid services in the ordinary and normal course of their profession. (6) Any person employed on a part-time basis as referred to in Section 36-25-1, provided the income from such part-time employment does not exceed five percent of the part-time employee's income for each client and the total income from the part-time employment does not exceed 10 percent of the part-time employee's total income....

(g) It is the intent of this section to treat the employees of, and persons providing services under a personal or professional services contract paid for by, the Department of Postsecondary Education or any public two-year institution of higher education in the state in the same manner as other public education employees in the state are treated under this section.

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.

Arizona

Ariz. Const.
Art. IV Part 2 § 5.

NO, if the public employment is with “the State of Arizona or, any county or incorporated city or town.”  Exception for teachers and instructors in the public school system, and the office of school trustee.

No member of the Legislature, during the term for which he shall have been elected or appointed shall be eligible to hold any other office or be otherwise employed by the State of Arizona or, any county or incorporated city or town thereof. This prohibition shall not extend to the office of school trustee, nor to employment as a teacher or instructor in the public school system.

Note: Constitutional provision does not address Federal employment.

Arkansas

Ark. Code Ann.
§21-1-402  

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

YES, if position was held prior to election as a legislator. Legislators who were employed by state agencies or certain schools, with prior approval of the Joint Budget Committee or Legislative Council, may transfer employment, change positions within his or her organization, or, if retired, enter into part-time or temporary employment with any of the enumerated entities.

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) (A) A constitutional officer who was employed by a state agency, a public school district of this state in a licensed or nonlicensed position, a state-supported vocational education school, an education service cooperative, or a state-supported college or university and who receives the prior approval of the Joint Budget Committee during a legislative session or the Legislative Council between legislative sessions, and the Governor, may:
(i) Transfer employment to or become reemployed by another state agency, public school district of this state, state-supported vocational education school, an educational service cooperative, or a state-supported college or university;

(ii) Change positions under his or her current employer; or

(iii) Upon retirement from a state agency, public school district of this state, state-supported vocational education school, an education service cooperative, or a state-supported college or university, enter into part-time or temporary employment with a state agency, public school district of this state, state-supported vocational education school, an educational service cooperative, or a state-supported college or university.

(B) Employment under this subdivision (a)(2) shall not be approved if the employment will violate §§ 19-11-701 — 19-11-709.
(3) 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)(1) 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.
(2) Subdivision (f)(1) of this section applies to all persons elected to the General Assembly on or after July 27, 2011.

California

Cal. Const.
Art. 4 § 13.

NO

A member of the Legislature may not, during the term for which the member is elected, hold any office or employment under the State other than an elective office.

Colorado

Colo. Rev. Stat.
§ 24-18-104

YES

Legislators may hold employment at the state or local levels. No laws restricting practice.

(1) A public officer, a member of the general assembly, a local government official, or an employee shall not:
(b) Accept a gift of substantial value or a substantial economic benefit tantamount to a gift of substantial value...
(3) The following shall not be considered gifts of substantial value or gifts of substantial economic benefit tantamount to gifts of substantial value for purposes of this section:

...
(h) Payment of salary from employment, including other government employment, in addition to that earned from being a member of the general assembly or by reason of service in other public office.

Connecticut

Conn. Gen. Stat.
§ 2-5 

Conn. Const.
Art. III, § 11.

NO

No member of the General Assembly shall, during the term for which he is elected, be nominated or appointed by the Governor, the General Assembly or any other appointing authority of this state or serve or be elected to any position in the Judicial, Legislative or Executive Department of the state government including any commission established by any special or public act of the General Assembly, except that the provisions of this section shall not apply where it is expressly provided by law that a member of the General Assembly as such shall be nominated or appointed to any board, commission, council or other agency in the legislative department, and except that the provisions of this section shall not apply to a member-elect.

No member of the General Assembly shall, during the term for which he is elected, hold or accept any appointive position or office in the judicial or executive department of the state government, or in the courts of the political subdivisions of the state, or in the government of any county. No member of congress, no person holding any office under the authority of the United States and no person holding any office in the judicial or executive department of the state government or in the government of any county shall be a member of the General Assembly during his continuance in such office.

Note: The Office of Legislative Research has prepared a report regarding the dual job ban that is available at: http://www.cga.ct.gov/2007/rpt/2007-R-0151.htm

Delaware

Del. Code Ann.
Tit. 29, § 5821
Del. Code Ann.
Tit. 29, § 5822

YES, if 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.

(e) Any hours or days during which an employee uses vacation, personal, or compensatory days to which he or she is entitled shall not constitute hours or days which fall within the scope of this subchapter.

(f) School administrators whose duties require that they work regularly during summer months shall not be exempted from this chapter. If a school administrator shall have no immediate supervisor, the school administrator's time record shall be verified by the appropriate school board at its next regular or special meeting following any pay period in which said administrator missed work due to his or her elected or paid appointed position.

Note: 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

Florida

Flor. Const. Art. 2 § 5(a)

Fla. Stat.
§ 112.313(7)(a)

Fla. Stat.
§ 112.313 (10)

NO, if employment is in a public office for profit or employment or such employment that could conflict with duties as a state legislator.

No person holding any office of emolument under any foreign government, or civil office of emolument under the United States or any other state, shall hold any office of honor or of emolument under the government of this state. No person shall hold at the same time more than one office under the government of the state and the counties and municipalities therein, except that a notary public or military officer may hold another office, and any officer may be a member of a constitution revision commission, taxation and budget reform commission, constitutional convention, or statutory body having only advisory powers.

(a) No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties....

2. When the agency referred to is a legislative body and the regulatory power over the business entity resides in another agency, or when the regulatory power which the legislative body exercises over the business entity or agency is strictly through the enactment of laws or ordinances, then employment or a contractual relationship with such business entity by a public officer or employee of a legislative body shall not be prohibited by this subsection or be deemed a conflict.

(b)  This subsection shall not prohibit a public officer or employee from practicing in a particular profession or occupation when such practice by persons holding such public office or employment is required or permitted by law or ordinance.


(a) No employee of a state agency or of a county, municipality, special taxing district, or other political subdivision of the state shall hold office as a member of the governing board, council, commission, or authority, by whatever name known, which is his or her employer while, at the same time, continuing as an employee of such employer.

(b) The provisions of this subsection shall not apply to any person holding office in violation of such provisions on the effective date of this act. However, such a person shall surrender his or her conflicting employment prior to seeking reelection or accepting reappointment to office.

Georgia

Georgia Code Ann.
§ 16-10-9

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;     

(2) Judges of courts of record or their clerks and assistants to accept or hold office or employment in the executive branch of the state government or any agency thereof or in the legislative branch of the state government; or

(3) Officers or employees of the executive branch of the state government to accept or hold office or employment in the legislative or judicial branches of the state government.

(b) A person who knowingly disburses or receives any compensation or money in violation of this Code section is guilty of a misdemeanor.

(c) Nothing in this Code section shall be construed to apply to any officer or employee of the executive branch who has taken a leave of absence without pay from his post for temporary service as an employee of the legislative branch while it is in session and during the authorized stay-over period.

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

Hawaii

Haw. Const.
Art. III, § 8.

Hollinger v. Kumalae, 25 Haw. 669, 1920 Haw. LEXIS 6 (1920).

66 Op. Att'y Gen. 20 (1966).

YES, for municipal and local government.

No member of the legislature shall hold any other public office under the State, nor shall the member, during the term for which the member is elected or appointed, be elected or appointed to any public office or employment which shall have been created, or the emoluments whereof shall have been increased, by legislative act during such term. The term "public offices," for the purposes of this section, shall not include notaries public, reserve police officers or officers of emergency organizations for civilian defense or disaster relief. The legislature may prescribe further disqualifications.

Notes: In its known and ordinary significance the phrase " office of the State of Hawaii" does not include offices purely local or municipal, but includes only such offices as were created for the purpose of carrying on the business of the state.

A professor at the University of Hawaii is not a public officer within the proscription of this section.

Idaho

I.D. §59-102

YES, if the public employment is an “office of..profit…or emolument” created by “any law passed by the legislature of which he is a member” and “during the term for which he was elected.”

59-102. LEGISLATORS DISQUALIFIED FROM HOLDING CERTAIN OFFICES. It shall be unlawful for any member of the legislature, during the term for which he was elected, to accept or receive, or for the governor, or other officials or board, to appoint such member of the legislature to, any office of trust, profit, honor or emolument, created by any law passed by the legislature of which he is a member. Any appointment made in violation of this section shall be null and void and without force and effect, and any attempt to exercise the powers of such office by such appointee shall be a usurpation, and the appointee shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined not less than five hundred dollars nor more than five thousand dollars.

Illinois

Ill. Const.
Art. 4, § 2(e).

YES, if the legislator is not being paid more than once for coincident hours of the workday  or a public office the  “compensation for which shall have been increased by the General Assembly during that term.”

No member of the General Assembly shall receive compensation as a public officer or employee from any other governmental entity for time during which he is in attendance as a member of the General Assembly. No member of the General Assembly during the term for which he was elected or appointed shall be appointed to a public office which shall have been created or the compensation for which shall have been increased by the General Assembly during that term.

Indiana

Ind. Const. Art. 2 § 9

NO, if the public employment is a “lucrative office or appointment” under the United States or the State.

Iowa

See: Op. Iowa Att'y Gen. (Nov. 30, 1976).

Iowa Code 68B.2A

YES, so long as it does not conflict with their official duties. 

68B.2A Prohibited outside employment and activities-Conflicts of interest.

1. Any person who serves or is employed by the state or a political subdivision of the state shall not engage in any of the following conduct:

a.  Outside employment or an activity that involves the use of the state's or the political subdivision's time, facilities, equipment, and supplies or the use of the state or political subdivision badge, uniform, business card, or other evidences of office or employment to give the person or member of the person's immediate family an advantage or pecuniary benefit that is not available to other similarly situated members or classes of members of the general public. This paragraph does not apply to off-duty peace officers who provide private duty security or fire fighters or emergency medical care providers certified under chapter 147A who provide private duty fire safety or emergency medical services while carrying their badge or wearing their official uniform, provided that the person has secured the prior approval of the agency or political subdivision in which the person is regularly employed to engage in the activity. For purposes of this subsection, a person is not "similarly situated" merely by being or being related to a person who serves or is employed by the state or a political subdivision of the state.

b.  Outside employment or an activity that involves the receipt of, promise of, or acceptance of money or other consideration by the person, or a member of the person's immediate family, from anyone other than the state or the political subdivision for the performance of any act that the person would be required or expected to perform as a part of the person's regular duties or during the hours during which the person performs service or work for the state or political subdivision of the state.

c.  Outside employment or an activity that is subject to the official control, inspection, review, audit, or enforcement authority of the person, during the performance of the person's duties of office or employment.

Kansas

Kan. Const.
Art. II, § 5

NO, if the employment is with the federal government (“United States or of any department, agency, or instrumentality thereof”).

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.

Kentucky

Ky. Const. Section 165

 

KRS. 6.764, sections 1 and 3

NO, with exceptions

No person shall, at the same time, be a State officer or a deputy officer or member of the General Assembly, and an officer of any county, city, town, or other municipality, or an employee thereof; and no person shall, at the same time, fill two municipal offices, either in the same or different municipalities...

 

(1) A legislator shall not accept any appointment as an officer or employee of the Commonwealth or any state agency except as provided in subsection (3) of this section and in Section 165 of the Constitution unless he shall have first resigned his membership in the General Assembly . . . 

(3) Notwithstanding the provisions of subsection (1) of this section, a legislator may serve on the faculty or staff of any of the state universities or community colleges or as an employee of a local public school board without resigning his membership in the General Assembly.

Louisiana

La. Rev. Stat. Ann.
§ 42:63 (A)

La. Rev. Stat. Ann.
§ 42:64

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.

F.  No person holding an elective office in any branch of state government shall contract, on a full-time basis, to provide health or health-related services for any agency of state government.  No person engaged in a contract on a full-time basis, with any agency of state government to provide health or health-related services shall hold an elective office in any branch of state government.

 

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.mht

Maine

Me. Const. Art. IV, Pt. 3, § 11

NO, if the public employment is an “office of profit” under the State or office under the United States.

No member of Congress, nor person holding any office under the United States (post officers excepted) nor office of profit under this State, justices of the peace, notaries public, coroners and officers of the militia excepted, shall have a seat in either House while a member of Congress, or continuing in such office.

Maryland

Md. Code Ann.
State Gov't § 15-513

NO unless the Joint Ethics Committee grants an exception.

(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.

Massachusetts

Mass. Gen. Laws
ch. 30, § 21.

Mass. Gen. Laws
ch. 30, § 22

NO

A person shall not at the same time receive more than one salary from the treasury of the commonwealth.

Whoever willfully violates the preceding section or willfully accepts or holds office in violation of article two of chapter six of the second part of the constitution, as amended by article twenty-seven of the amendments thereof, shall forfeit to the commonwealth the compensation from all offices held in violation of said provisions during the time they are so held, to be recovered by the attorney general, upon written complaint made within one year by any citizen.

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.

Minnesota

Minn. Stat.
§ 43A.32

YES, if a leave of absence is taken while the legislature is in session.

Except as herein provided any officer or employee in the classified service shall:

(a) Take leave of absence upon assuming an elected federal office or an elected state office other than state legislative office or, if elected to state legislative office, during times that the legislature is in session;

(b) Take leave of absence upon assuming any elected public office other than enumerated in clause (a), if, in the opinion of the commissioner, the holding of the office conflicts with regular state employment; and

(c) Upon request, be granted leave of absence upon becoming a candidate, or during the course of candidacy, for any elected public office.

All requests for opinions of the commissioner and all opinions from the commissioner under the provisions of clause (b) shall be in writing and shall be delivered by mail or by use of a facsimile machine.

The commissioner shall issue an opinion under the provisions of clause (b) within seven calendar days of receipt of the request.

Subd. 3. Leave of absence.

No executive branch officer or employee in the unclassified service who is covered by a collective bargaining agreement, and no executive branch officer or employee in the classified service, may be required to take a leave of absence upon becoming a candidate, or during the course of candidacy, for any elected public office. Said officers and employees shall take leave of absence upon assuming an elected federal office or an elected state office other than state legislative office or, if elected to state legislative office, during times that the legislature is in session.

Mississippi

1997 Miss. AG LEXIS 355.

Miss. Const.
Art. I, § 1

Miss. Const.
Art. I, § 2

Miss. Code Ann.
§ 25-4-105

YES, if 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.

....

Missouri

Mo. Const.
art. III, § 12

NO

No person holding any lucrative office or employment under the United States, this state or any municipality thereof shall hold the office of senator or representative. When any senator or representative accepts any office or employment under the United States, this state or any municipality thereof, his office shall thereby be vacated and he shall thereafter perform no duty and receive no salary as senator or representative. During the term for which he was elected no senator or representative shall accept any appointive office or employment under this state which is created or the emoluments of which are increased during such term. This section shall not apply to members of the organized militia, of the reserve corps and of school boards, and notaries public.

Exceptions: School Board members   

Montana

Mont. Code Ann.
§ 2-2-104

YES, if 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.

Nebraska

Neb. AG Op. 95073:

See also: State ex rel. O'Connor v. Tusa, 265 N.W. 524 (Neb. 1936).

Ne. Const. Art. III, § 9

NO, if the public employment is a “lucrative office” under the authority of the State of Nebraska.

III-9. Legislators; disqualifications; election to other office; resignation required.

No person holding office under the authority of the United States, or any lucrative office under the authority of this state, shall be eligible to or have a seat in the Legislature. No person elected or appointed to the Legislature shall receive any civil appointment to a state office while holding membership in the Legislature or while the Legislature is in session, and all such appointments shall be void. Except as otherwise provided by law, a member of the Legislature who is elected to any other state or local office prior to the end of his or her term in the Legislature shall resign from the Legislature prior to the commencement of the legislative session during which the term of the state or local office will begin.

Nevada

Nev. Const. Art. IV, § 9

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

NO, if the public employment is ”any lucrative office under the Government of the United States or any other power.”

Sec: 9. Federal officers ineligible for state office; exceptions.

No person holding any lucrative office under the Government of the United States or any other power, shall be eligible to any civil office of Profit under this State; Provided, that Post-Masters whose compensation does not exceed Five Hundred dollars per annum, or commissioners of deeds, shall not be deemed as holding a lucrative office.

The effect of Heller v. Legislature on current law:

"Any attempt to exclude or oust an executive branch employee from the legislature through a judicial proceeding is barred by the separation-of-powers. But, the dual service issue may be raised as a separation-of-powers challenge to legislators working in the executive branch. Dual service challenges to legislators also employed by the executive branch of state government may be brought in district court by the attorney general as a quo warranto action, or as a request for declaratory relief by a person demonstrating a direct and substantial interest in the legal right asserted."

New Hampshire

N.H. Rev. Stat., § 14-B:8, § 15-A:5

N.H. Const. Pt. SECOND, Art. 94

NO, if the public employment is a second “office of profit.”

Art. 94. Incompatibility of Offices; Only Two Offices of Profit to Be Holden at Same Time.

No person shall be capable of exercising, at the same time more than one of the following offices within this state, viz. judge of probate, sheriff, register of deeds; and never more than two offices of profit, which may be held by appointment of the governor, or governor and council, or senate and house of representatives, or superior or inferior courts; military offices, and offices of justice of the peace excepted.

New Jersey

N.J. Constitution, Article IV, Section V, Paragraphs 3 and 4

 

N.J Rev. Stat. 2:14

NO, if the public employment is at the state level.

3. If any member of the Legislature shall become a member of Congress or shall accept any Federal or State office or position, of profit, his seat shall thereupon become vacant.

4. No member of Congress, no person holding any Federal or State office or position, of profit, and no judge of any court shall be entitled to a seat in the Legislature.
 

Legislators may hold employment at the local level. Per statute, legislators and spouses must disclose public employment.

a. No later than May 15 of each year, each member of the Senate and General Assembly shall file with the Joint Legislative Committee on Ethical Standards or any successor thereto a financial disclosure statement...Each member of the Legislature shall have a continuing obligation to report any termination or assumption of public employment by the member or the member’s spouse within 30 days, which report shall be an addendum to the disclosure statement.

New Mexico

N.M. Stat. Ann.
§ 10-16-4.2

NO

No person shall be eligible to serve in the legislature who, at the time of qualifying, holds any office of trust or profit with the state, county or national governments.

New York

N.Y. Pub. Off. Law
§ 74 (3)(a)

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 Carolina

N.C. Const. art. VI, § 9(1)

N.C.G.S., § 138A-38, § 115D-12

NO, no unless excepted by "general law."

No person who holds any office or place of trust or profit under the United States or any department thereof, or under any other state or government, shall be eligible to hold any office in this State that is filled by election by the people. No person shall hold concurrently any two offices in this State that are filled by election of the people.  No person shall hold concurrently any two or more appointive offices or places of trust or profit, or any combination of elective and appointive offices or places of trust or profit, except as the General Assembly shall provide by general law.

Legislators may take legislative action on matters that pertain to that governmental unit if they disclose the relationship and are the only member from the district where unit is located.

Legislators are prohibited from serving on the board of trustees for a community college. 

Notwithstanding G.S. 138A-37 (conflict of interest statute), if a legislator is employed or retained by, or is an independent contractor of, a governmental unit, and the legislator is the only member of the house elected from the district where that governmental unit is located, then the legislator may take legislative action on behalf of that governmental unit provided the legislator discloses in writing to the principal clerk the nature of the relationship with the governmental unit prior to, or at the time of, taking the legislative action.
(a) Each community college established or operated pursuant to this Chapter shall be governed by a board of trustees consisting of 13 members, or of additional members if selected according to the special procedure prescribed by the third paragraph of this subsection, who shall be selected by the following agencies. No member of the General Assembly may be appointed to a local board of trustees for a community college.

North Dakota

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

N.D. Cent. Code
§ 44-01-14

YES

No law restricting the practice. 

(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.

 

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.

Ohio

Ohio Rev. Code Ann.
§ 101.26

NO

Exception: educators.

Members ineligible to certain appointments and employment.

No member of either house of the general assembly, except in compliance with this section, shall knowingly do any of the following:
(A) Be appointed as trustee, officer, or manager of a benevolent, educational, or correctional institution that is authorized, created, or regulated by the state and that is supported in whole or in part by funds from the state treasury;
(B) Serve on any committee or commission that is authorized or created by the general assembly and that provides other compensation than actual and necessary expenses;
(C) Accept any appointment, office, or employment from any committee or commission that is authorized or created by the general assembly and that provides other compensation than actual and necessary expenses or accept any appointment, office, or employment from any executive or administrative branch or department of the state that provides other compensation than actual and necessary expenses.

Any appointee, officer, or employee described in division (A), (B), or (C) of this section who accepts a certificate of election to either house immediately shall resign from the appointment, office, or employment, and, if he fails or refuses to do so, his seat in the general assembly shall be deemed vacant. Any member of the general assembly who accepts any appointment, office, or employment described in division (A), (B), or (C) of this section immediately shall resign from the general assembly, and, if he fails or refuses to do so, his seat in the general assembly shall be deemed vacant. This section does not apply to members of either house of the general assembly serving an educational institution of the state, supported in whole or in part by funds from the state treasury, in a capacity other than one named in division (A) of this section, school teachers, employees of boards of education, notaries public, or officers of the militia. Division (A) of this section does not apply to any member of either house of the general assembly appointed as trustee, officer, or manager of a private institution that only receives funds from the state treasury in exchange for services rendered.

Oklahoma

Okla. Stat. 
 § 257: 20-1-4

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

NO

Misuse of office

(d) No legislator or statewide elective officer shall be employed by or receive any commission, fee, or other compensation from the state, except:
(1) the compensation and allowance for expenses provided by law to such legislator or statewide elective officer;
(2) compensation from serving in the Oklahoma National Guard or the Oklahoma State Guard; or 
(3) income from government pension or retirement plans.
 

Exceptions: 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.

Oregon

Or. Const.
Art. II, § 10

Art. III, § 1

Art. XV, § 8

See also: Or. AG Op. 8254.

NO

Exception: school/university employee.

State legislator may not hold employment at the state or local levels except for employment as a school or university employee.

Sec. 10 Lucrative offices; holding other offices forbidden.

No person holding a lucrative office, or appointment under the United States, or under this State, shall be eligible to a seat in the Legislative Assembly; nor shall any person hold more than one lucrative office at the same time, except as in this Constition [sic] expressly permitted; Provided, that Officers in the Militia, to which there is attached no annual salary, and the Office of Post Master, where the compensation does not exceed One Hundred Dollars per annum, shall not be deemed lucrative.

Sec. 1 Separation of powers.

The powers of the Government shall be divided into three seperate [sic] departments, the Legislative, the Executive, including the administrative, and the Judicial; and no person charged with official duties under one of these departments, shall exercise any of the functions of another, except as in this Constitution expressly provided...

Sec. 8 Persons eligible to serve in legislature.

Notwithstanding the provisions of section 1 article III and section 10 article II of the Constitution of the State of Oregon, a person employed by the State Board of Higher Education, a member of any school board or employee thereof, shall be eligible to a seat in the Legislative Assembly and such membership in the Legislative Assembly shall not prevent such person from being employed by the State Board of Higher Education or from being a member or employee of a school board.

Outside the educational employee exemption, Oregon Courts have taken a strict interpretation of the separation of powers clause in the Oregon Constitution - Or Const Art III, § 1.

Pennsylvania

65 Pa. Stat. Ann. § 16

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).

Rhode Island

R.I. Gen. Laws
§ 36-14-2 (4)

R.I. Gen. Laws
§ 36-14-5 (n)

SOMETIMES - State legislator may not accept any employment with other state agencies after being elected to office. The law does not prohibit state legislators from serving in "municipal agencies," as defined by 36-14-2(4). If the member held the position prior to be elected, he or she may serve in both positions.

"Employees of state and local government, of boards, commissions and agencies" means any full time or part time employees in the classified, nonclassified and unclassified service of the state or of any city or town within the state, any individuals serving in any appointed state or municipal position, and any employees of any public or quasi-public state or municipal board, commission, or corporation;

(n) No state elected official, while holding state office and for a period of one year after leaving state office, shall seek or accept employment with any other state agency, as defined in § 36-14-2(8)(i), other than employment which was held at the time of the official's election or at the time of enactment of this subsection, except as provided herein.

(2) Nothing contained herein shall prohibit any general officer or the general assembly from appointing any state elected official to a senior policy-making, discretionary, or confidential position on the general officer's or the general assembly's staff, and in the case of the governor, to a position as a department director; nor shall the provisions herein prohibit any state elected official from seeking or accepting a senior policy-making, discretionary, or confidential position on any general officer's or the general assembly's staff, or from seeking or accepting appointment as a department director by the governor.

(3) Nothing contained herein shall prohibit a state elected official from seeking or being elected for any other constitutional office.

(4) Nothing contained herein shall prohibit the Rhode Island ethics commission from authorizing exceptions to this subsection where such exemption would not create an appearance of impropriety.

South Carolina

S.C. Const. Ann. Art. III, § 24

 

NO

No person is eligible to a seat in the General Assembly while he holds any position of profit or trust under this State, the United States of America, or any of them, or under any other power.

South Dakota

S.D. Codified Laws
§ 3-8-4

S.D. Codified Laws
§ 3-8-4.1

S.D. Codified Laws
§ 3-8-4.2

S.D. Codified Laws
§ 3-8-4.3

No. 72-74, 1972 S.D. AG LEXIS 41; 1991-1992 Op. Atty Gen. S.D. 44.

YES, if the legislator is not being paid more than once for coincident hours of the workday.

Except as provided in §§ 3-8-4.1 to 3-8-4.3, inclusive, no person receiving a salary payable out of the state treasury or from the funds of any state institution or department, may, during the period for which such salary has been or is to be paid, receive any other salary from the state or any institution or department thereof.

No employee of the state including any institution thereof serving on a board, commission, committee or council of the state may receive salary or per diem compensation for serving on such body.

Any state employee, with the approval of the department head, agency head, or head of the state institution involved, or their designee, shall be permitted to use annual leave, weekends, legal holidays and hours after normal working hours for performing compensable services to a state institution, department, office or agency other than the institution, department, office or agency which is their primary employer. Compensation for such additional services performed during such times shall not be deemed to constitute dual compensation prohibited by § 3-8-4 or § 3-8-4.1.

Any state employee who shall take leave of absence without pay from his primary employment with the state shall be allowed to accept payment from the funds of other state institutions, departments, offices or agencies for services rendered to such other institution, department, office or agency. Compensation for additional services performed while on leave of absence without pay shall not be deemed to constitute dual compensation within the purview of § 3-8-4 or 3-8-4.1.

Exception: School Board may pay salaries to teachers serving as legislators.

Tennessee

Tenn. Const. Art. II, § 26

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

Senate Rule 85
Code of Ethics for Tenn. State Senate, Article II, § 2

 

NO, if public employment is a “lucrative office.”

No Judge of any Court of law or equity, Secretary of State, Attorney General, Register, Clerk of any court of Record, or person holding any office under the authority of the United States, shall have a seat in the General Assembly; nor shall any person in this State hold more than one lucrative office at the same time; provided, that no appointment in the Militia, or to the office of Justice of the Peace, shall be considered a lucrative office, or operative as a disqualification to a seat in either House of the General Assembly.

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.

Exception: Appointment in the Militia, or to the office of Justice of the Peace

Texas

Tex. Const.
Article XVI, Sec. 12 

 

Tex. Const.
Article XVI, Sec. 40

NO

Sec.12. MEMBERS OF CONGRESS; OFFICERS OF UNITED STATES OR FOREIGN POWER; INELIGIBILITY TO HOLD OFFICE. No member of Congress, nor person holding or exercising any office of profit or trust, under the United States, or either of them, or under any foreign power, shall be eligible as a member of the Legislature, or hold or exercise any office of profit or trust under this State.

Note: Tex. Const. Art. XVI, § 12 has been held to bar a state officer from simultaneously holding a federal position. However, Attorney General Opinion GA-0057 held that a city council member is not barred from simultaneously serving as a member of a Selective Service Local Board because since there is currently no draft members do not currently exercise any "sovereign function of government."

Sec.40. (2)(d) No member of the Legislature of this State may hold any other office or position of profit under this State, or the United States, except as a notary public if qualified by law.

Note: Tex. Const. Art. XVI, § (2)(d) has been interpreted by the Attorney General to mean that "a position of profit" is "a salaried nontemporary employment." Thus, a Legislator is prohibited not only from holding any other "office of emolument," but any public employment to which compensation attaches. Therefore, a Legislator may not be an employee of an independent school district nor may they be employed as an assistant county attorney. However, a legislator may serve as an independent contractor for a governmental body because independent contractors do not hold "positions of profit."

Utah

Utah Const. Art. VI, § 6

Utah Code Ann.
§ 67-19-19

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

NO,  if public employment is a “public office for profit” under the authority of the United States or the State.

No person holding any public office of profit or trust under authority of the United States, or of this State, shall be a member of the Legislature: Provided That appointments in the State Militia, and the offices of notary public, justice of the peace, United States commissioner, and postmaster of the fourth class, shall not, within the meaning of this section, be considered offices of profit or trust.

Exception: Appointment in the State Militia, the offices of notary public, justice of the peace, United States commissioner, and postmaster of the fourth class.

Vermont

VT Const. § 54

1954-56 Op. Atty. Gen. 67.

1940-42 Op. Atty. Gen. 300.

NO, if public employment is an “office of profit … under the authority of Congress.”

…Nor shall any person holding any office of profit or trust under the authority of Congress, other than a member of the commissioned or enlisted personnel in the reserve components of the armed forces of the United States while not on extended active duty, be eligible to any appointment in the Legislature, or to any executive or judiciary office under this State.

Exception: Member of the commissioned or enlisted personnel in the reserve components of the armed forces of the United States while not on extended active duty.

Virginia

Va. Const. art. IV,§ 4

Va. Code Ann.
§ 2.2-2800

Va. Code Ann.
§ 30-103 (5)-(6)

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

Va. Code Ann.
§ 30-111

 

 

NO, if the public employment is a “salaried public office under the government of the Commonwealth” or employed by the Federal government.

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.

Disability to hold state office.

No person shall be capable of holding any office of honor, profit or trust under the Constitution of Virginia, who (i) holds any office or post of profit, trust, or emolument, civil or military, legislative, executive, or judicial, under the government of the United States; (ii) is in the employment of such government; or (iii) receives from it in any way any emolument whatever. The acceptance of any office, post, trust, or emolument, or the acceptance of any emolument whatever under the government of the United States, shall, ipso facto, vacate any office, or post of profit, trust or emolument under the government of the Commonwealth or under any county, city, or town thereof. 

5. Accept any money, loan, gift, favor, service, or business or professional opportunity that reasonably tends to influence him in the performance of his official duties. This subdivision shall not apply to any political contribution actually used for political campaign or constituent service purposes and reported as required by Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2;

6. Accept any business or professional opportunity when he knows that there is a reasonable likelihood that the opportunity is being afforded him to influence him in the performance of his official duties;

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.

Legislators are required disclose income over $10,000 earned from employment with state or local government or advisory agencies.

Notes: State legislators are barred from holding federal employment.

Washington

Wash. Rev. Code Ann. § 42.52.120 (4)

Wash. Rev. Code Ann. § 42.52.120 (5)

YES

This section does not prevent a state officer or state employee from receiving compensation contributed from the treasury of the United States, another state, county, or municipality if the compensation is received pursuant to arrangements entered into between such state, county, municipality, or the United States and the officer's or employee's agency. This section does not prohibit a state officer or state employee from serving or performing any duties under an employment contract with a governmental entity.

As used in this section, "officer" and "employee" do not include officers and employees who, in accordance with the terms of their employment or appointment, are serving without compensation from the state of Washington or are receiving from the state only reimbursement of expenses incurred or a predetermined allowance for such expenses.

West Virginia

W. Va. Const.
Art. VI, § 13

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

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

NO, if the public employment is a “lucrative office or employment” under the State or if the legislator is 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.

Wisconsin

Wis. Stat. § 19.45 (1)

Wis. Stat. § 19.46 (3)

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

The legislature hereby reaffirms that a state public official holds his or her position as a public trust, and any effort to realize substantial personal gain through official conduct is a violation of that trust. This subchapter does not prevent any state public official from accepting other employment or following any pursuit which in no way interferes with the full and faithful discharge of his or her duties to this state. The legislature further recognizes that in a representative democracy, the representatives are drawn from society and, therefore, cannot and should not be without all personal and economic interest in the decisions and policies of government; that citizens who serve as state public officials retain their rights as citizens to interests of a personal or economic nature; that standards of ethical conduct for state public officials need to distinguish between those minor and inconsequential conflicts that are unavoidable in a free society, and those conflicts which are substantial and material; and that state public officials may need to engage in employment, professional or business activities, other than official duties, in order to support themselves or their families and to maintain a continuity of professional or business activity, or may need to maintain investments, which activities or investments do not conflict with the specific provisions of this subchapter.

This section does not prohibit a state public official from taking any action concerning the lawful payment of salaries or employee benefits or reimbursement of actual and necessary expenses, or prohibit a state public official from taking official action with respect to any proposal to modify state law or the state administrative code.

Wyoming

YES

No laws restricting practice.

Guam

Guam Code Ann.
Tit. 4, § 6504.1

NO

(a) No Officer or employee of the government of Guam may be employed on a full-time, part-time or contractual basis or hold an appointment to more than one (1) position in the classified or unclassified service in any department or agency or by more than one (1) department, agency or branch of the government of Guam at any time, except for:

(1) persons serving as part-time teachers, part-time school health counselors and University of Guam instructors for the Guam Community College, and instructors for the University of Guam who may be employed during the summer and at any other time not in conflict with their primary employment if they are employed elsewhere in the government of Guam as their primary employer;

(2) persons employed by the Youth Congress;

(3) persons employed on a part-time basis by boards or commissions;

(4) persons employed as nurses, physicians, and as ancillary/allied health professionals in the government of Guam;

(5) attorneys engaging in the active practice of law, or part-time judges or part-time court referees;

(6) persons employed on a part-time or contractual basis who are individual and family counselors or chemical dependency specialists; or

(7) any employee of the government of Guam whose primary employment is not in any of the agencies or professions listed in items (1), (2), (3), (4), (5) and (6) herein, but has training and experience to qualify to be employed in the professions listed in items (1), (2), (3), (4), (5) and (6) herein, may be employed in secondary jobs in such professions within the government of Guam; provided, that such secondary job is not in conflict with that person's primary job and there are no other qualified applicants not within the employ of the government of Guam.

(b) Effective upon confirmation, no official who occupies a position requiring the consent of I Liheslatura, may be paid salary for or fill a classified position. Certifying officers shall not certify funds for the classified position in contravention of this Section and shall be liable under 4 GCA Chapter 14.

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.

U.S. Virgin Islands

V.I. Rev. Org. Act of 1954 § 6 (b)

NO

Federal employees and persons employed in the legislature, executive or judicial branches of the government of the Virgin Islands shall not be eligible for membership in the legislature.

 

 

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