Jack Pearadin and Doug Nelsen found a 1.73-carat diamond after nearly a year of searching the park's field.
A hurried search turns up an attorney general's opinion that touches on the question. Among others, it cited guidance from the Arkansas Supreme Court on appointment to an "office" (prohibited) and just becoming an "employee" (not prohibited).
No Senator or Representative shall, during the term for which he shall have been elected, be appointed or elected to any civil office under this State.
… the Arkansas Supreme Court has taken the position that an "office" is indicated by the following characteristics:
(1) The holder of position exercises some part of the State's
(2) The tenure, compensation, and duties are usually fixed by
(3) The holder of the position takes an oath of office;
(4) The holder of the position receives a formal commission;
(5) The holder of the position gives a bond.
As was stated in Bean v. Humphrey, 223 Ark. 118, 264 S.W.2d 607 (1954), in distinguishing between an officer and an employee:Lobbyists write and effect passage of many laws, but that's a practical, not legal, fact about exercise of sovereign power.
When a question arises whether a particular position in the public service is an office or an employment merely, recourse must be had to the distinguishing criteria or elements of public office. . . . Briefly stated, a position is a public office when it is created by law, with duties cast on the incumbent which involve some portion of the sovereign power and in the performance of which the public is concerned, and which also are continuing in their nature and not occasional or intermittent; while a public employment, on the other hand, is a position in the public service which lacks sufficient of the foregoing elements or characteristics to make it an office.
We can certainly hope so, Vanessa.
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