Oh what a tangled web we weave when we try to weave around the legislature, which nominally sets pay maximums for public employees.

Sorry, but, yes, this is another loose end from the UCA president pay mess. But …. It is an issue that applies to anyone whose pay has been supplemented by private sources. No, I didn’t dream this up on my own. It’s a conversation bubbling in a number of places.

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From the Arkansas statute, 21-8-801, part of the state’s code of ethics:

Prohibited acts generally.
(a)  No public servant shall:

     (1)  Receive a gift or compensation as defined in § 21-8-401 et seq., other than income and benefits from the governmental body to which he or she is duly entitled, for the performance of the duties and responsibilities of his or her office or position; or

  …

(b)  (1)  No person shall confer a gift or compensation as defined in § 21-8-401 et seq. to any public servant, the receipt of which is prohibited by subdivision (a)(1) of this section.

     (2)  (A)  The first violation of this subsection by any person other than a registered lobbyist shall result in a written warning.

          (B)  Upon a second violation and subsequent violations by persons other than registered lobbyists and upon a first violation by registered lobbyists, the penalties provided for in § 7-6-218 shall apply.

Our interest is in Paragraph 1 and, to a lesser degree (b)1. Does giving money to a private foundation, which immediately passes it along to a public entity for a pay bonus, sufficiently sanitize private payments to college presidents, athletic directors, football coaches, etc. (I know, I know. The fiction in Fayetteville is that the Razorback Foundation gold is for attending Razorback Club meetings and the coach’s show, not actually for coaching a sport. Funny how you have to coach to qualify, though.) At several universities, however, bonuses have been paid explicitly from private funds for (admittedly outstanding) performance of a public job, namely college president. (See jump for Ethics Commission on the question of outside pay for coaches.)

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Is this a matter on which we need clarification from the state Ethics Commission? The bonuses in question certainly make Mike Huckabee’s “quillow” look like a very small potato.

Any lawyers care to comment?

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PS — A gift generally is defined as anything worth more than $100. There are exceptions in the statute for awards given to university employees “in recognition of the employee’s contribution to education,” but these awards are a separate issue from compensation (this exception was added to the code to allow payment of teacher-of-the-year and similar prizes).

 

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