Chapter Two:  Personnel
 
Procedure Title: Employment of Constitutional Officers/Spouses
Based On: Board Policy 3
Procedure Number: 2.08
Date Adopted/Revised: April 29, 2001; November 21, 2006; May 15, 2007
 
If an individual is elected to a constitutional office (including 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, or member of the Arkansas Senate) they may not be hired by any state agency after they are elected and during the term for which were they elected, unless they resign the constitutional office prior to being hired.
 
  1. Individuals that were employed by a state agency prior to being elected to a constitutional office may continue their employment.

    1. However, the position cannot be reclassified, unless it is a general reclassification affecting all positions in their class and grade equally.

    2. The individual cannot receive any pay increases other than cost of living increases authorized by the General Assembly without the prior approval of the Joint Budget Committee (or the Legislative Council if the General Assembly is not in session) and the Governor.

  2. If an employee’s spouse is elected to a constitutional office, a candidate may not be hired by a state agency after the spouse is elected and during the spouse’s term of office without the prior approval of the Joint Budge Committee (or the Legislative Council if the General Assembly is not in session) and the Governor.

    If an individual was employed by a state agency prior to a spouse being elected to a constitutional office, or if an individual is hired by a state agency during the spouse’s term of office, they are subject to the following restrictions:

    1. An individual’s position cannot be reclassified, unless it is a general reclassification affecting all positions in the class and grade equally.

    2. While a spouse serves as a constitutional officer and for two (2) years after a spouse leaves office, the employee cannot be promoted or transferred without the prior approval of the Joint Budget Committee or the Legislative Council and the Governor.

    3. The employee cannot receive any pay increases in excess of 15% without the prior approval of the Joint Budget Committee (or the Legislative Council of the General Assembly is not in session) and the Governor.

  3. Former members of the General Assembly and their spouses cannot be employed by a state agency within twenty-four (24) months after the legislator leaves office in any job which:

    1. Was newly created by legislative action within twenty-four (24) months prior to the legislator leaving office;

    2. Had a maximum salary increase of more than 15% authorized by legislative action within twenty-four (24) months prior to the legislator leaving office.