Arkansas Administrative Code › Agency 153 - Arkansas Ethics Commission › Rule 153.00.95-001 - Rules and Regulations

Current through Register Vol. 49, No. 6, June, 2024
GENERAL PURPOSE
The arkansas Ethics Commission is composed of five appointed
			 commissioners who set policy under authority of the ethics and conflict of
			 interest, lobbying and campaign finance disclosure and practices laws within
			 the State of Arkansas. It shall issue advisory opinions and legal
			 interpretations of law, and act as fact-finder and sanctioning body for those
			 alleged to have violated those laws. The Commission staff, which may consist of
			 an executive director, staff attorney (s) , investigator (s) , paralegals,
			 clerical staff and others, act as the administrator and operating entity of the
			 Ethics Commission. This staff, or members thereof, may make office
			 administrative procedure, act as spokesman for the commission, receive
			 correspondence and correspond on behalf of the commission, provide legal and
			 other research to the Commission, investigate allegations, of violation of
			 ethics and disclosure law, and other matters as the Commission shall see fit.
			 These rules and regulations, in conjunction with Initiated Act 1 of 1988 and
			 Initiated Act 1 of 1990, shall serve as guidelines for the Commission and its
			 staff and regulations for those who have dealings with the Commission and its
			 staff.
I. ETHICS COMMISSION &
		  STAFF
A. Commission Organization
(1) The Arkansas Ethics Commission shall
		  consist of five (5) commissioners who shall be appointed as follows:
- one member by the Governor of the State of Arkansas
- one member by the Lieutenant Governor of the State of
			 Arkansas
- one member by the Speaker of the House of Representatives of
			 Arkansas
- one member by the President Pro Tempore of the Senate of
			 Arkansas
- one member by the Attorney General of Arkansas
(2) The Commission shall, at all
		  times, have among its five members:
- one member of a minority race
- one woman
- one member of a minority political party
(3) Each commissioner is expected to attend
		  all regularly scheduled meetings. Any commissioner who fails to attend three
		  (3) or more consecutive regularly scheduled meetings within a one year period
		  is subject to dismissal from the commission.
(4) The commissioners shall be appointed in
		  compliance with ACA §
									7-6-217,
		  and shall serve for one term of five (5) years and so long as he or she
		  maintains good moral character. Provided, that any commissioner who has been
		  appointed to serve two (2) years or less of an unexpired term shall be eligible
		  for an appointment to a subsequent five-year term.
(5) The Commission shall annually elect one
		  of its members to serve as chairman for a term of one year. The Commission may
		  elect a vice-chairman and other such officers as a majority of the
		  Commissioners choose. The vice-chairman shall serve as chairman in the absence,
		  disqualification or disability of the chairman.
(6) The election of officers shall be
		  conducted at the first meeting of the Commission following January 1 of each
		  year. The Ethics Commission may form committees or subcommittees as it deems
		  necessary and/or appropriate to accomplish its legal aims and purpose. The
		  Ethics Commission may appoint one or more of its members to an unofficial
		  committee or subcommittee and may invite non-commissioners to participate as an
		  unofficial committee or subcommittee member.
(7) At each meeting of the Commission,
		  whether in person or by electronic or telephonic means, three members shall
		  serve as a quorum. However, an affirmative vote of at least three (3)
		  commissioners physically present at a meeting is required before any
		  sanction(s) can be imposed.
(8) A
		  majority of the members of the Commission present shall vote in the affirmative
		  on any matter before the Commission for any decision of the Commission to
		  become official. The following matters shall be by motion, followed by a
		  second, in order for a vote of the Commission to become final:
a. all matters requiring affirmative action
		  by the full Commission or one of its members;
b. all decisions on public positions taken by
		  the full Commission; and
c. all
		  decisions on advisory opinions and all decisions regarding official findings of
		  fact or actions regarding one accused of violating any ethics and disclosure
		  laws.
(9) The Commission
		  may by majority vote delegate the execution of any official action to its
		  chairman, one of its members, or the executive director.
(10) A vacancy on the Commission shall not
		  impair the right of the Commission to exercise its statutory powers and
		  authority, subject to the requirement that a quorum be present and
		  participating before any meeting of the Commission shall be considered
		  valid.
(11) A majority of the
		  membership of the Commission shall constitute a quorum for conducting business.
		  No action shall be taken except by an affirmative vote of a majority of those
		  present and voting. No sanctions shall be imposed without the affirmative vote
		  of at least three (3) members of the commission who are physically present at a
		  commission meeting. The vote of each member voting on any action shall be a
		  public record.
(12) No member of
		  the Commission shall be a federal, state or local government official or
		  employee, an elected public official, a candidate for public office, a lobbyist
		  as defined by Ark. Code Ann. §
									21-8-402(11),
		  or an officer or paid employee of an organized political party as defined by
		  Ark. Code Ann. §
									7-1-101(1).
(13) Each commissioner, during the entire
		  term of his or her service on the Arkansas Ethics Commission, shall be
		  prohibited from participating in, raising funds for, making contributions to,
		  providing services to, or lending his or her name in support of any candidate
		  for election to a state, district, county, municipal or school board office or
		  in support of a ballot issue or issues submitted or intended to be submitted to
		  voters of the state of Arkansas, excluding the exercise of the right to vote or
		  the mere signing of an initiative or referendum petition. This prohibition
		  shall not extend to the spouse or family members of a commissioner nor to his
		  or her business partners or professional associates.