
EXCERPTS
FROM ARKANSAS CODE ANNOTATED §19-11
SUBCHAPTER 7
19-11-702. Penalties.
Any employee or nonemployee who shall knowingly violate any of the
provisions of this subchapter shall be guilty of a felony and upon conviction
shall be fined in any sum not to exceed ten thousand dollars ($10,000) or shall
be imprisoned not less than one (1) nor more than five (5) years, or shall be
punished by both.
19-11-706. Employee disclosure requirements.
(a) Disclosure of Benefit Received from Contract. Any employee who has
or obtains any benefit from any state contract with a
business in which the employee has a financial interest shall
report such benefit to the Director of the Department of Finance
and Administration. However, this section shall not apply to a
contract with a business where the employee's interest in the
business has been placed in a disclosed blind trust.
(b) Failure to Disclose Benefit Received. Any employee who knows or should
have known of such benefit and fails to report the
benefit to the director is in breach of the ethical standards
of this section.
19-11-709. Restrictions on employment of present and former employees.
(a) Contemporaneous Employment Prohibited. It shall be a breach of
ethical standards for any employee who is involved in procurement to
become or be, while such an employee, the employee of any party
contracting with the state agency by which the employee is employed.
(b) Restrictions on Former Employees in Matters Connected with
Their Former Duties.
(1) Permanent Disqualification of Former Employee Personally
Involved in a Particular Matter. It shall be a breach of ethical
standards for any former employee knowingly to act as a principal
or as an agent for anyone other than the state in connection with
any:
(A) Judicial or other proceeding, application, request
for a ruling, or other determination;
(B) Contract;
(C) Claim; or
(D) Charge or controversy
in which the employee participated personally
and substantially through decision, approval,
disapproval, recommendation, rendering of
advice, investigation, or otherwise while an
employee, where the state is a party or has a
direct and substantial interest.
(2) One-Year Representation Restriction Regarding Matters for
Which a Former Employee Was Officially Responsible. It shall
be a breach of ethical standards for any former employee, within
one (1) year after cessation of the former employee's official
responsibility in connection with any:
(A) Judicial or other proceeding, application, request
for a ruling, or other determination;
(B) Contract;
(C) Claim; or
(D) Charge or controversy knowingly to act as a
principal or as an agent for anyone other than the
state in matters which were within the former
employee'sofficial responsibility, where the state
is a
party or has a direct or substantial interest.
(c) Disqualification of Partners.
(1) When Partner Is a State Employee. It shall be a breach of
ethical standards for a person who is a partner of an employee
knowingly to act as a principal or as an agent for anyone other
than the state in connection with any:
(A) Judicial or other proceeding, application,
request for a ruling, or other determination;
Contract;
(B) Claim; or
(C) Charge or controversy in which the employee
either participates personally and substantially
through decision, approval, disapproval,
recommendation, the rendering of advice,
investigation, or otherwise, or which is the subject
of the employee's official responsibility, here the
state is a party or has a direct and substantial
interest.
(2) When a Partner Is a Former State Employee. It shall be a
breach of ethical standards for a partner of a former employee
knowingly to act as a principal or as an agent for anyone other
than the state where such former employee is barred under
subsection (b) of this section.
(d) (1) Selling to State After Termination of Employment Is
Prohibited. It shall be a breach of ethical standards for any
former employee, unless the former employee's last annual
salary did not exceed ten thousand five hundred dollars
($10,500), to engage in selling or attempting to sell
commodities or services to the state for one (1) year following
the date employment ceased.
(2) The term "sell", as used in this subsection, means signing a
bid, proposal, or contract; negotiating a contract; contacting
any employee for the purpose of obtaining, negotiating, or
discussing changes in specifications, price, cost allowances,
or other terms of a contract; settling disputes concerning
performance of a contract; or any other liaison activity with
a view toward the ultimate consummation of a sale although
the actual contract therefor is subsequently negotiated by
another person.
(e) (1) This section is not intended to preclude a former employee
from accepting employment with private industry solely
because his employer is a contractor with this state.
(2) This section is not intended to preclude an employee, a former
employee, or a partner of an employee or former employee
from filing an action as a taxpayer for alleged violations of this
subchapter.
19-11-712. Civil and administrative remedies against employees who
breach ethical standards.
(a) Existing Remedies Not Impaired. Civil and administrative remedies
against employees which are in existence on July 1,1979, shall not be
impaired.
(b) Supplemental Remedies. In addition to existing remedies for breach of
the ethical standards of this subchapter, or regulations promulgated
thereunder, the Director of the Department of Finance and Administration
may impose any one (1) or more of the following:
(1) Oral or written warnings or reprimands;
(2) Forfeiture of pay without suspension;
(3) Suspension with or without pay for specified periods of time; &
(4) Termination of employment.
(c) Right to Recover from Employee Value Received in Breach of
Ethical Standards. The value of anything received by an employee in
breach of the ethical standards of this subchapter, or regulations
promulgated thereunder, shall be recoverable by the state as provided in §
19-11-714,
which refers to recovery of value transferred or received in
breach of ethical standards.
(d) Due Process. Notice and an opportunity for a hearing shall be provided
prior to imposition of any of the remedies set forth in subsection (b) of this
section
.