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I am concerned the wording that appears in 21-8-402 5.B.vii may be too vague. Included below for your convenience.

(vii)

(a) Anything with a value of one hundred dollars ($100) or less.

(b) The value of an item shall be considered to be less than one hundred dollars ($100) if the public servant reimburses the person from whom the item was received any amount over one hundred dollars ($100) and the reimbursement occurs within ten (10) days from the date the item was received;

I do not see a requirement, as written, that the reimbursement be of equal value to the initial gift. This seems to invite a means for misconduct that goes against the spirit of the law. This same choice of language appears elsewhere in Arkansas Law.

I am seeking one of two things

1) Some clarification of the AR Code or other source that verifies there can be no misuse of this clause by unethical individuals.

2) A verification that this clause, or one like it, has been the basis of unethical conduct previously.

Should the second scenario be validated, I will post a follow up on what would eliminate such a loophole, but that is being excluded from here.

Dale M
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Stephen R
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2 Answers2

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What you linked to is a list of definitions of terms used in the laws of Arkansas.

The actual Arkansas law on gifts to elected officials reads as such:

Persons elected or appointed to select offices, including members of the general assembly, shall not solicit or accept a gift from a lobbyist or a person acting on behalf of one. A lobbyist shall not offer or pay for food or drink at more than 1 planned activity in a 7 day period. Does not prohibit the acceptance of: (1) Food, drink, informational materials, or other items included in a conference registration fee; and (2) Food and drink at events coordinated through the regional or national conference and provided to persons registered to attend. Ark. Const. art. XIX,§ 30.

http://www.ncsl.org/research/ethics/50-state-table-gift-laws.aspx

The official is just not supposed to accept gifts, besides the provision for lobbyists to pay for food or drink. It's not that they can take a gift and pay $100 dollars.

Putvi
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... reimburses the person ...

Reimburse means:

2: to make restoration or payment of an equivalent to

reimburse him for his traveling expenses

The amount paid must be equivalent in value to the gift received, otherwise it isn't reimbursement.

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Dale M
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