Who decided which inmates could become trusties in Oakdale's city jail?

Plain-English summary

Oakdale's police chief asked who determined which inmates in the city jail received trusty status. In Opinion 03-0219, the AG said the person in charge of the jail made that rule.

The opinion treated the jail as municipal property under municipal management and control. If the town charter did not assign jail management, the city council had to designate a keeper or warden by ordinance. The AG said that designated official could then set jail rules, including how an inmate became a trusty.

Currency note

This opinion was issued in 2003. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

What the opinion meant at issuance

Oakdale city council

In the absence of a charter provision assigning jail management, the AG said the council designated the jail's keeper or warden by ordinance. That designation determined who had authority to set jail rules.

Police chief and jail administrator

The opinion did not assign trusty decisions automatically to the police chief. It said the official given management and control of the jail determined the rule for trusty status.

Common questions

Q: Did the police chief automatically decide who became a jail trusty? A: The AG tied that authority to who had been placed in charge of the jail, rather than to the chief's title alone.

Q: Who designated the jail manager when the charter was silent?
A: The city council, by ordinance, according to the opinion.

Q: Who could make the trusty rules after that designation?
A: The official in charge of the jail, such as its designated keeper or warden.

Background and statutory framework

The AG relied on earlier Opinions 97-410 and 01-246 for the municipality's responsibility to manage and control its property, including the city jail. The letter applied that framework to Oakdale's question about trusty status.

Citations and references

Earlier opinions cited: Louisiana Attorney General Opinions Number 97-410 and Number 01-246.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/03-0219

Original opinion text

DEPARTMENT OF JUSTICE
OFFICE OF THE ATTORNEY GENERAL
RICHARD P. IEYOUB
430 FANNIN ST.
ROOM 309
ATTORNEY GENERAL
TELEPHONE: (318) 227-3790
71101-5537
FAX: (318) 226-7144

DEC 0 4 2003
OPINION NO. 03-0219
71 -MUNICIPALITIES
La. Ag. Op. No. 97-410
La. Ag. Op. No. 01-246
Honorable Wilburn Perkins
A municipality is vested with the responsibility of
Chief of Police
the management and control of municipality
property which would extend to the city jail. In the
Oakdale Police Department
absence of a charter provision stating who is to
118 N. 10th Street
manage the city jail, it is left to the city council to
designate by ordinance who is the keeper or
Oakdale, Louisiana 71463
warden of the jail facility. It then follows, that
whoever is in charge of the jail is given the authority to make rules for the jail, including how
Dear Chief Perkins: an inmate becomes a trusty.

Your request for an Attorney General’s opinion has been forwarded to me for research and reply. Specifically, you ask who determines which inmates in your city jail are given the status of trusty.

The answer to this question is determined by who is given the management and control of your city jail. This issue was addressed in Louisiana Attorney General Opinions Number 97-410 and Number 01-246. These opinions come to the conclusion that, =a municipality is vested with the responsibility of the management and control of municipality property which would extend to the city jail, and they must designate who shall provide for the administration." It is opined that, in the absence of a charter provision stating who is to manage the city jail, it is left to the city council to designate by ordinance who is the keeper or warden of the jail facility. It then follows, that whoever is in charge of the jail is given the authority to make rules for the jail, including how an inmate becomes a trusty.

We trust this answers your question. However, if you should need anything further, do not hesitate to contact this office.

RICHARD P. IEYOUB
ATTORNEY GENERAL

"~RAN-CES J. PITI~N
ASSISTANT ATTORNEY GENERAL

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