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006.24.1-190.0.0. EMPLOYMENT OF CONSTITUTIONAL OFFICERS AND SPOUSES (Act 34 of 1999)

AR ADC 006.24.1-190.0.0Arkansas Administrative Code

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 24. Office of Personnel Management
Rule 1. Arkansas Human Resources Management System (Ahrms) Policy Manual (Refs & Annos)
Ark. Admin. Code 006.24.1-190.0.0
006.24.1-190.0.0. EMPLOYMENT OF CONSTITUTIONAL OFFICERS AND SPOUSES (Act 34 of 1999)
Currentness
Section 190.1.0
Subject to any restrictions or conditions prescribed by the Arkansas Constitution, no person elected to a constitutional office may, after being elected to the constitutional office, and during the term for which elected, enter into employment with any state agency unless the constitutional officer resigns prior to entering into the employment.
Section 190.1.1
Subject to any restrictions or conditions prescribed by the Arkansas Constitution, any constitutional officer who was employed by a state agency prior to being elected a constitutional officer may continue such employment but the employment shall not thereafter be reclassified unless it is the result of a general reclassification affecting all positions of the class and grade equally nor shall the constitutional officer receive any pay increase for that employment other than the cost of living increases authorized by the General Assembly without the prior approval of the Joint budget Committee during legislative sessions, the Legislative Council between legislative sessions, and the Governor.
Section 190.1.2
No person whose spouse is elected to a constitutional office may after the spouse is elected to the constitutional office and during the term for which the spouse is elected, enter into employment with any state agency without the prior approval of the Joint Budget Committee during legislative sessions, or the Legislative Council between legislative sessions, and the Governor.
Section 190.1.3
Any person who was employed by a state agency prior to the person's spouse being elected a constitutional officer and any person who entered into employment with a state agency during the spouse's service as a constitutional officer is subject to the following:
A. that position shall not thereafter be reclassified unless it is the result of a general reclassification affecting all positions of the class and grade equally nor shall that person, while the spouse serves as a constitutional officer or within two (2) years after the spouse leaves office, be promoted or transferred without the prior approval of the Joint Budget Committee during legislative sessions, or the Legislative Council between legislative sessions, and the Governor; and
B. that person shall not receive any pay increase in excess of fifteen percent (15%) without the prior approval of the Joint Budget Committee during legislative sessions, or the Legislative Council between legislative sessions, and the Governor.
Section 190.1.4
Former members of the General Assembly and their spouses shall not be eligible to be employed by any state agency within twenty-four (24) months after the legislator leaves office in any job or position which:
A. was newly created by legislative action within the twenty-four months prior to the legislator leaving office; or
B. had a maximum salary level increase of more than fifteen percent (15%) authorized by legislative action within the twenty-four months prior to the legislator leaving office.
Section 190.1.5
For purposes of this section, the following definitions apply:
A. “State agency” means every board, commission, department, division, institution, and other office of state government whether located within the legislative, executive, or judicial branch of government and including state supported colleges and universities.
B. “Constitutional officer” means Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Attorney General, Commissioner of State Lands, Auditor of State, member of the Arkansas House of Representatives, and member of the Arkansas Senate.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.24.1-190.0.0, AR ADC 006.24.1-190.0.0
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