Arkansas Administrative Code › Agency 153 - Arkansas Ethics Commission › Rule 153.00.00-001 - Rules on Gifts - to public servants

Current through Register Vol. 49, No. 6, June, 2024
§
		  300
Definitions
(a)
Compensation
As used in these rules, the
		  term "compensation" means any money or anything of value received, or to be
		  received as a claim for future services, whether in the form of a retainer,
		  fee, salary, expense, allowance, forbearance, forgiveness, interest, dividend,
		  royalty, rent, or any other form of recompense or any combination thereof. It
		  includes a payment made under obligation for services or other value
		  received.
(b)
Gift
As used in these rules, the term
		  "gift" means any payment, entertainment, advance, services, or anything of
		  value, unless consideration of equal or greater value has been given therefor.
		  It does not include:
(1) Informational
		  material such as books, reports, pamphlets, calendars, or periodicals informing
		  a public servant regarding his or her official duties. (NOTE: payments for
		  travel or reimbursement for any expenses are not informational
		  material);
(2) The giving or
		  receiving of food, lodging, or travel which bears a relationship to the public
		  servant's office and when appearing in an official capacity;
(3) Gifts which are not used and which,
		  within thirty (30) days after receipt, are returned to the donor;
(4) Gifts from an individual's spouse, child,
		  parent, grandparent, grandchild, brother, sister, parent-in-law,
		  brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or
		  the spouse of any of these persons, unless the person is acting as an agent or
		  intermediary for any person not covered by this paragraph;
(5) Campaign contributions;
(6) Any devise or inheritance;
(7) Anything with a value of $100.00 or less;
		  or
(8) Wedding presents.
(c)
Governmental
		  Body
- As used in these rules, the term "governmental body"
		  means any office, department, commission, council, board, committee,
		  legislative body, agency, or other establishment of the executive, judicial, or
		  legislative branch of the state, municipality, county, school district,
		  improvement district, or any political district or subdivision
		  thereof.
(d)
Legislator
- As used in these rules, the
		  term "legislator" means any person who is a member of the General Assembly, a
		  quorum court of any county, or the city council or board of directors of any
		  municipality.
(e)
Person
- As used in these rules, the term
		  "person" means a business, individual, corporation, union, association, firm,
		  partnership, committee, club or other organization or group of
		  persons.
(f)
Public Appointee
- As used in these rules,
		  the term "public appointee" means an individual who is appointed to a
		  governmental body. It does not include an individual appointed to an elective
		  office.
(g)
Public Employee
- As used in these rules,
		  the term "public employee" means an individual who is employed by a
		  governmental body or who is appointed to serve a governmental body. It does not
		  include public officials or public appointees.
(h)
Public
		  Official
- As used in these rules, the term "public
		  official" means a legislator or any other person holding an elective office of
		  any governmental body, whether elected or appointed to the office, and shall
		  include such persons during the time period between the date they were elected
		  and the date they took office.
(i)
Public Servant
- As used in these rules,
		  the term "public servant" means all public officials, public employees, and
		  public appointees.
(j)
Registered Lobbyist
- As used in these rules,
		  the term "registered lobbyist" means a person who is registered as a lobbyist
		  pursuant to the provisions of Ark. Code Ann. §
								21-8-601
et
seq
.