Opinion No. (2010)

EDMUND G. BROWN JR. Attorney General SUSAN DUNCAN LEE Supervising Deputy Attorney General THE PRISON INDUSTRY BOARD has requested an opinion on the following question: May the Prison Industry Board create a personnel system separate from the state's civil service system for all employees working in enterprises under the jurisdiction of the Prison Industry Authority? CONCLUSION The Prison Industry Board may create a personnel system separate from the state's civil service system when there is specific evidence justifying the departure from the constitutional civil service system. In addition, or as an alternative, the Board may fill individual positions by using personal services contracts where justified by circumstances, without creating an entirely new system separate from the civil service system. *Page 2 ANALYSIS The Prison Industry Authority (Authority) is a state agency operating under the auspices of the Department of Corrections and Rehabilitation. Its purpose is to develop and run industrial, agricultural, and service enterprises that are modeled on business practices in the private sector, while providing training and employment opportunities for prison inmates. 1 The…