Franks Claims Fed OK to be “Appointed” to Office

Lincoln Parish Police Juror-elect (District Three) Marvin Franks said last night that the agency that regulates political activity by federal employees won’t allow him to be sworn in as an elected juror as long as he is a federal employee.

As of last night, he had not taken his oath of office.

However, he said, the Office of Special Counsel (OSC) has confirmed that he can be appointed to the position, were it vacant.

We asked for a copy of that OSC confirmation, and expect to get a copy today.

At a 1/22/20 meeting of the jury, Assistant District Attorney Lewis Jones said, “If if he does not ask to be sworn in to take his oath within 30 days of January 13, the seat will be declared to be vacant.”

That 30 day window closes at the end of business today.

Here is what the Louisiana Revised Statutes have to say:

RS 42:141

Time limitation on oath and bond; failure to comply

A. Each public officer, within thirty days after receipt of his commission or within thirty days after receipt of his commission certificate, whichever is later, shall take the oath of office prescribed by law, and give bond, when required, and file the same in the proper office in the manner required by law.

B. Subject to the time limitation set forth in Subsection A of this Section, a public officer may take his oath of office at any time after he receives his commission or commission certificate. An oath taken prior to the date shown on the commission shall be deemed to have been taken on and shall be effective on and after the date on which the term of office for which the oath is taken commences. In cases where the office is one for which no date for term of office is set, an oath taken prior to the date on the commission shall be deemed to have been taken on and shall be effective on and after the date on the commission.

C. Failure to comply with the requirements of this Section shall create a vacancy in the office, and the vacancy shall be filled in accordance with law as in other cases of vacancy.

Franks said that when he first decided to run for office, he thought that the police jury seat was non-partisan, and thus it was allowable for a federal employee to run. He based that opinion on advice from the Lincoln Parish Clerk of Court, who he said told him the office was non-partisan.

However, just prior to the runoff election in November, his supervisor directed him to contact the OSC for a ruling on whether or not the office was partisan. According to Franks, they said it was partisan, as each candidate’s party affiliation is listed on the election ballot.

In a prepared statement, Franks said, “And because of that, they ruled that I could not accept the position to which I was elected-unless I was no longer a federal employee.”

He added, “As all these events were transpiring, the Louisiana Army National Guard was already processing my discharge. When I received the final ruling from the Office of Special Counsel, I asked for that discharge process to be expedited. My discharge packet is now at the federal level and in the final stages of being complete. As soon as I am discharged from the National Guard, I will retire from my federal job so that I can be sworn into the Police Jury position to which I was elected.”

See here the complete statement.

Franks’ remarks were made at the beginning of last night’s regular monthly police jury meeting.

After the meeting, Lincoln Parish News Online asked Franks if he had prior to filing for office sought guidance from the OSC on whether or not he should run.

Said Franks, “No. I didn’t even know who they were. I’ve been a supervisor for 20 plus years, and I’ve never heard of the Office of Special Counsel.”