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Advisory opinion regarding whether Burl Cain, Warden at the Louisiana State Penitentiary (LSP), may provide consulting services to privately managed prison facilities and transitional work programs. |
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Burl Cain is the Warden at the Louisiana State Penitentiary (LSP) at Angola. Mr. Cain is responsible for the management of the entire facility. Mr. Cain has no authority to enter into any contracts with private prison facilities. He stated that he does not play any role in assigning offenders to private prison facilities or transitional work programs. However, he does make recommendations based on guidelines set forth in statute as well as Department of Public Safety and Corrections Policy. Such recommendations are transmitted to the Chief of Operations of the Department of Public Safety and Corrections through its Office of Adult Services.
Mr. Cain, as warden of Angola, provides supervisory oversight to Winn Correctional Center, a privately owned prison, pursuant to a contract with the Department of Public Safety and Corrections.
Mr. Cain seeks to provide part-time consulting services to privately managed prison facilities and/or transitional work release programs.
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La. R.S. 42:1111C(2)(d) prohibits a public servant and a legal entity in which the public servant exercises control or owns an interest from receiving any thing of economic value for services rendered to or for any person during his public service unless such services are neither performed for nor compensated by any person from whom such public servant would be prohibited by Section 1115(A)(1) or (B) from receiving a gift.
La. R.S. 42:1115A(1) prohibits a public servant from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person has or is seeking to have a contractual, business or financial relationship with the public servant's agency.
La. R.S. 42:1115B(1) prohibits a public employee from soliciting or accepting, directly or indirectly, any thing of economic value as a gift or gratuity from any person or from any officer, director, agent, or employee of such person, if such public servant knows or reasonably should know that such person conducts operations or activities that are regulated by the public employees' agency.
La. R.S. 42:1111C(1)(a) prohibits a public servant from receiving any thing of economic value for any service, the subject matter of which is devoted substantially to the responsibilities, programs, or operations of the agency of the public servant and in which the public servant has participated.
La. R.S. 42:1112A prohibits a public servant from participating in a transaction involving his governmental entity in which he has a substantial economic interest.
La. R.S. 42:1112B(3) states that no public servant shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
La. R.S. 42:1102 (23) defines "Transaction involving the governmental entity" to mean any proceeding, application, submission, request for a ruling or other determination, contract, claim, case, or other such particular matter which the public servant or former public servant of the governmental entity in question knows or should know: (a) Is, or will be, the subject of action by the governmental entity. (b) Is one to which the governmental entity is or will be a party. (c) Is one in which the governmental entity has a direct interest.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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