ADVISORY OPINION NO.
2001-EC-005
Issued August 17, 2001
ISSUE: Whether it would
be permissible for a person who has been appointed to serve on the Arkansas
State Board of Dental Examiners to apply for and accept a position of employment
with the Arkansas Department of Health?
BRIEF ANSWER: Yes. The statutes under the Commission’s jurisdiction do not
contain a general prohibition against a member of a state board accepting a
position of employment in state government and none of the restrictions which
Subchapter 10 of Title 21, Chapter 8 of the Arkansas Code places on members of
state boards are applicable on the facts presented.
However, Governor’s Executive Order 98-04 and the rules and regulations
promulgated by the Department of Finance and Administration for the enforcement
and administration of said order should be reviewed to determine their
applicability.
DISCUSSION: The Ethics Commission has received a written request for an
advisory opinion from Jan Blancett, who has been appointed to serve on the
Arkansas State Board of Dental Examiners. In
her advisory opinion request, Ms. Blancett asks whether it would be permissible
for her to apply for and accept a position of employment with the Arkansas
Department of Health.
The Arkansas State Board of Dental Examiners is authorized by statute to license
dentists and dental hygienists, to register dental corporations, and to issue
certain permits to dentists, dental hygienists, and dental assistants. The Board disciplines its licensees and permit holders if
there has been a violation of the Dental Practice Act, the Dental Corporation
Act, or the Board’s Rules and Regulations.
The Board is composed of nine (9) members appointed by the Governor for terms of
five (5) years. Each member of the
Board receives one hundred dollars ($100) per day for each day of attendance at
regular or special meetings or while on any proper business of the Board.
Ms. Blancett has indicated that she is interested in applying for a position of
employment with the Arkansas Department of Health.
The position in question is that of Program Director in the office of
oral health. According to Ms.
Blancett, the position is administrative in nature and is funded by a grant from
the Centers for Disease Control and Prevention.
In reviewing the statutes under its jurisdiction, the Commission has concluded
that there is no general prohibition against a member of a state board accepting
a position of employment in state government.
The Commission notes, however, that Subchapter 10 of Title 21, Chapter 8
of the Arkansas Code places certain restrictions on members of state boards.
Under that subchapter, a member of a state board is prohibited from: (i) voting
on, influencing, or attempting to influence an official decision if the member
has a pecuniary interest in the matter under consideration by the board;[1]
(ii) participating in any discussion or vote on a rule or regulation that
exclusively benefits the member;[2]
(iii) using or attempting to use his or her official position to secure
unwarranted privileges or exemptions for himself or herself or others;[3]
and (iv) disclosing confidential information acquired by him or her in the
course of the member’s official duties, or using such information to further
his or her personal interests.[4]
It is the Commission’s understanding that the Arkansas State Board
of Dental Examiners plays no role in the hiring decisions of the Arkansas
Department of Health and that members of the Arkansas State Board of Dental
Examiners are not in a position to exert any influence or control over such
decisions. On those facts, it is
the Commission’s opinion that the statutes under its jurisdiction would not
prohibit a member of the Arkansas State Board of Dental Examiners from accepting
a position of employment with the Arkansas Department of Health.
It must be mentioned, however, that Governor’s Executive Order 98-04 appears
to be applicable to the facts presented. The
Commission lacks jurisdiction over said order but notes that the Department of
Finance and Administration has promulgated a set of rules and regulations for
the enforcement and administration of same.
This advisory opinion is issued by the Commission pursuant to Ark. Code Ann. §
7-6-217(g)(2).
Graham F. Sloan
Director