Arkansas Administrative Code
Agency 153 - Arkansas Ethics Commission
Rule 153.00.15-004 - Rules on Special State Employees - Conflict of Interest
Universal Citation: AR Admin Rules 153.00.15-004
Current through Register Vol. 49, No. 9, September, 2024
§ 100 Definitions
(a)
Conflict of interest - As
used in these rules, the term "conflict of interest" means a special state
employee's direct or indirect pecuniary or other interest in a matter before a
covered board. "Conflict of interest" includes without limitation the
following:
(i) an offer of employment from an
entity that is involved in a procurement matter with the covered board or is
involved in a discussion of a procurement matter with the covered
board;
(ii) being an officer or
employee of a business, association, or nonprofit organization that is involved
in a procurement matter with the covered board or is involved in a discussion
of a procurement matter with the covered board; and
(iii) receiving compensation from an entity
that is involved in a procurement matter or is involved in a discussion of a
procurement matter with the covered board.
(b)
Covered board - As used in
these rules, the term "covered board" means:
(i) a commission, board, bureau, office, or
other state instrumentality created within the executive branch; and
(ii) an entity that is created by
regulation, statute, legislative direction, executive order, or other informal
means if the entity has decision-making authority over procurement criteria,
contracts, appointment of individuals to negotiate procurement directly or
indirectly, or the approval of procurements. "Covered board" does not include
the following:
(i) the constitutional
departments of the State of Arkansas;
(ii) the elected constitutional offices of
the State of Arkansas;
(iii) the
General Assembly, including the Legislative Council, the Legislative Joint
Auditing Committee, and supporting agencies and bureaus of the General
Assembly;
(iv) the Supreme
Court;
(v) the Court of
Appeals;
(vi) the circuit
courts;
(vii) prosecuting
attorneys;
(viii) the
Administrative Office of the Courts;
(ix) an institution of higher education;
(x) a municipal government;
(xi) a county government;
(xii) an interstate agency; or
(xiii) a legislative task force or committee
if the legislative task force or committee only advises the General
Assembly.
(c)
Special state employee - As used in these rules, the term "special
state employee" means a person appointed to a covered board, regardless of
whether the person:
(i) receives compensation
for his or her services;
(ii)
receives reimbursement for travel expenses;
(iii) receives per diem; or
(iv) was appointed formally or informally. "Special state
employee" does not include a constitutional officeholder or an ex officio or
nonvoting member of a covered board.
§ 101 Required Disclosure
A special state employee shall disclose a conflict of interest in a procurement matter before the covered board:
(i) either in writing to the head of the
covered board, or orally or in writing at a public meeting of the covered board
if the disclosure is included in the minutes of the public meeting;
and
(ii) by filing a conflict of
interest disclosure report with the Secretary of State within five (5) business
days of the date the special state employee becomes aware of the conflict of
interest.
§ 102 Decision Making
(a) A special
state employee shall not vote on, receive, or read confidential materials
related to, participate in the discussion of, or attempt to influence the
covered board's decision on a procurement matter if the special state employee
has a conflict of interest in the procurement matter.
(b) A special state employee who is a
lobbyist registered under Ark. Code Ann. §
21-8-601
shall recuse himself or herself from a procurement matter before the covered
board if:
(i) the special state employee
receives compensation as a lobbyist from an entity involved in the procurement
matter; or
(ii) the procurement
matter involves a person or entity that is a competitor of a lobbying client of
the special state employee.
(c) A special state employee or former
special state employee shall not:
(i)
represent an entity other than the State of Arkansas in a matter in which he or
she participated in making a decision, rendering approval or disapproval,
making a recommendation, or rendering advice on behalf of the covered board;
or
(ii) assist or represent a party
for contingent compensation in a matter involving a covered board other than in
a judicial, administrative, or quasi-judicial proceeding.
(d) A former special state employee shall not
lobby the members or staff of a covered board of which he or she is a former
member for one (1) year after the cessation of the special state employee's
membership on the covered board.
(e) A contract entered into by a covered
board, including a renewal, extension, or amendment of a contract entered into
by a covered board, shall include a statement that no special state employee
has been influenced by the vendor in the course of the procurement.
§ 103 Complaints
In accordance with Ark. Code Ann. § 7-6-218, a complaint alleging a violation of Ark. Code Ann. § 19-11-718 may be filed with the Arkansas Ethics Commission. The complaint process is the subject of Sections (V) - (X) of the Arkansas Ethics Commission's Rules of Practice and Procedure.
§ 104 Penalties and Removal
(a) If the Arkansas Ethics Commission finds
that a special state employee has committed a violation of Ark. Code Ann.
§
19-11-718,
then it may (i) impose a fine of not less than fifty dollars ($50) and not more
than two thousand dollars ($2,000), (ii) issue a public letter of caution,
warning, or reprimand, (iii) order the special state employee to file or amend
a statutorily-required disclosure form, (iv) remove the special state employee
from the covered board which he or she serves, and/or (v) report its findings,
along with such information and documents as it deems appropriate, and make
recommendations to the proper law enforcement authorities.
(b) When exercising the authority set forth
in subparagraph (a)(iv), the Arkansas Ethics Commission shall specifically
state in its final order that the special state employee has been removed and
that a vacancy exists. Notice of the removal shall be sent to the covered
board.
(c) When exercising the
authority set forth in subparagraph (a)(v), the Arkansas Ethics Commission is
not required to make a finding of a violation of Ark. Code Ann. §
19-11-718.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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