Arkansas Administrative Code › Agency 153 - Arkansas Ethics Commission › Rule 153.00.17-003 - Rules on Gifts 2017

Current through Register Vol. 49, No. 6, June, 2024
§ 300
		  Definations
(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. The term
		  "compensation" does not include anything of value presented to an employee of a
		  public school district, the Arkansas School for the Blind, the Arkansas School
		  for the Deaf, the Arkansas School for Mathematics, Sciences, and the Arts, a
		  university, a college, a technical college, a technical institute, a
		  comprehensive life-long learning center, or a community college in recognition
		  of the employee's contribution to education.
(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 or less
		  (NOTE: The value of an item shall be considered to be less than $100 if the
		  public servant reimburses the person from whom the item was received any amount
		  over $100 and the reimbursement occurs within ten (10) days from the date the
		  item was received.);
(8) Wedding
		  presents and engagement gifts;
(9)
		  A monetary or other award presented to an employee of a public school district,
		  the Arkansas School for the Blind, the Arkansas School for the Deaf, the
		  Arkansas School for Mathematics, Sciences, and the Arts, a university, a
		  college, a technical college, a technical institute, a comprehensive life-long
		  learning center, or a community college in recognition of the employee's
		  contribution to education;
(10)
		  Tickets to charitable fundraising events held within this state by a non-profit
		  organization which is exempt from taxation under Section 501(c)(3) of the
		  Internal Revenue Code;
(11) A
		  personalized award, plaque, or trophy with a value of one hundred fifty dollars
		  ($150) or less;
(12) An item which
		  appointed or elected members of a specific governmental body purchase with
		  their own personal funds and present to a fellow member of that governmental
		  body in recognition of public service;
(13) Food or beverages provided at a
		  conference scheduled event that is part of the program of the
		  conference;
(14) Food or beverages
		  provided in return for participation in a bona fide panel, seminar, speaking
		  engagement at which the audience is a civic, social, or cultural organization
		  or group;
(15) A monetary or other
		  award publicly presented to an employee of state government in recognition of
		  his or her contributions to the community and State of Arkansas when the
		  presentation is made by the employee's supervisor or peers, individually or
		  through a non-profit organization which is exempt from taxation under Section
		  501(c) of the Internal Revenue Code, and the employee's receipt of the award
		  would not result in or create the appearance of the employee using his or her
		  position for private gain, giving preferential treatment to any person, or
		  losing independence or impartiality. (NOTE: This exception shall not apply to
		  an award presented to an employee of state government by a person having
		  economic interests which may be affected by the performance or nonperformance
		  of the employee's duties or responsibilities.);
(16) Any work of art, contracted for prior to
		  January 1, 1998, for public service recognition for members of the Arkansas
		  General Assembly; or
(17) Racing
		  passes provided to and accepted by members of the General Assembly and other
		  constitutional officers for redistribution to their constituents and persons
		  residing outside the State of Arkansas to promote tourism and advance the
		  economic interests of the State.
(18) Anything of value provided by a
		  political party under §
									7-1-101 or §
									7-7-205
		  when serving as the host of the following events to all attendees as part of
		  attendance at the event:
(A) The official
		  swearing-in, inaugural, and recognition events of constitutional officers and
		  members of the General Assembly; and
(B) An official event of a recognized
		  political party so long as all members of either house of the General Assembly
		  affiliated with the recognized political party are invited to the official
		  event.
(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, ef the city council or board of directors of any
		  municipality, or a member of a school district board of directors.
(e)
Official
		  Capacity
- As used in these rules, the term "official
		  capacity" means activities which arise solely because of the position held by
		  the public servant, which would be subject to expense reimbursement by the
		  agency with which the public servant is associated, and which involve matters
		  falling within the official responsibilities of the public servant.
(f)
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.
(g)
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.
(h)
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.
(i)
Public
		  Official
-
(1) 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.
(2) "Public official" includes without
		  limitation a member of a school district board of
		  directors.
(j)
Public Servant
- As used in these rules, the
		  term "public servant" means all public officials, public employees, and public
		  appointees.
(k)
Recognized
		  political party-
(1) As used in these
		  rules, the term "recognized political party" means a political party that:
(A) At the last preceding general election
		  polled for its candidate for Governor in the state or nominees for presidential
		  electors at least three percent (3%) of the entire vote cast for the office;
		  or
(B) Has been formed by the
		  petition process under §
										7-7-205.
(2) When a recognized
		  political party fails to obtain three percent (3%) of the total votes cast in
		  an election for the office of Governor or nominees for presidential electors,
		  it shall cease to be a recognized political party.
(l)
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
etseq.