| Advisory opinion request regarding whether the Code of Governmental Ethics would prohibit Office of Juvenile Justice (OJJ) Assistant Secretary Perry Stagg from contracting with the Mississippi Department of Corrections. |
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Mr. Stagg currently serves as the Assistant Secretary for the OJJ. He would like to contract to provide consulting services to Mississippi Department of Corrections (MDOC) related to restrictive housing reform, behavior modification programming, and the development of the corrections reentry court program. He does not currently provide any of these services to the State of Louisiana Department of Corrections (LDOC). He stated that any services he provides to MDOC shall strictly concern prisoners in the custody of the State of Mississippi and MDOC. OJJ has no contracts with nor supervision over, MDOC or prisoners in Mississippi. Mr. Stagg maintains ownership in a classified position at the Louisiana State Penitentiary as an Assistant Warden 4 within LDOC. Mr. Stagg stated that he will schedule as much of the MDOC consulting work as possible on nights and weekends. However, he is certain there will be occasions that he will perform some services during his regular work hours. On these occasions, he will secure approved leave in advance of his absence.
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La. R.S. 42:1102(16) provides that "person" means an individual or legal entity other than a governmental entity, or agency thereof. La. R.S. 42:1111A prohibits a public servant from receiving anything of economic value, other than compensation and benefits from the governmental entity to which she is duly entitled, for the performance of the duties and responsibilities of her office or position. La. R.S. 42:1111C(2)(d) provides for payments from nonpublic sources as follows:
C. (2) No public servant and no legal entity in which the public servant exercises control or owns an interest in excess of twenty-five percent, shall receive any thing of economic value for or in consideration of services rendered, or to be rendered, to or for any person during his public service unless such services are:
(d) Neither performed for nor compensated by any person from whom such public servant would be prohibited by R.S. 42:1115(A)(1) or (B) from receiving a gift.
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Adopt draft advisory opinion.
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| Assigned Attorney: |
Suzanne Mooney |
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