ADVISORY
OPINION NO. 2002-EC-002
Issued March 15, 2002
The
Ethics Commission has received a written request for an advisory opinion from
Mr. R. Robert Bailey. In his advisory opinion request, Mr. Bailey asks whether
the receipt of free parking by public servants attending Razorback football and
basketball games constitutes a prohibited gift.
It is the practice of the University of Arkansas at Fayetteville to provide free
parking to certain public servants who purchase season tickets. Specifically,
state legislators, constitutional officers, and members of the Higher Education
Coordinating Board who purchase season tickets receive a free parking pass to
each Razorback football game which is held in Fayetteville. No passes are given
for Razorback football games which are held in Little Rock or for Razorback
basketball games which are held in Fayetteville.
Some of the parking lots surrounding the stadium are controlled by the Razorback
Foundation which provides free parking passes to season ticket holders who have
made an annual contribution of $500 or more to the Razorback Foundation. The
passes given out by the University do not grant access to parking lots
controlled by the Razorback Foundation but rather to a parking lot near the
administration building controlled by the University. Parking spaces in
this particular lot are not made available for purchase by members of the public
at large.
Private parties in the vicinity of the stadium routinely charge for parking on
game days. The usual amount is $10. During the 2001 season, five football
games were held in Fayetteville. The 2002 schedule also includes five
Fayetteville games. Thus, the aggregate value of the parking passes for those
seasons would be the $50, $10 for each of the five games.
Arkansas law, specifically Ark. Code Ann. § 21-8-801(a)(1), prohibits a public
servant from receiving a gift which is intended to reward the public servant for
doing his or her job. The term “gift” is a statutorily defined term which
excludes anything with a value of $100 or less. Since the aggregate value of
the parking passes is $50, the parking passes do not constitute a gift within
the meaning of the applicable statutes. On the facts presented, the providing
of free parking passes to public servants is not prohibited by Ark. Code Ann. §
21-8-801(a)(1).
This advisory opinion is issued by the Commission pursuant to Ark. Code Ann. §
7-6-217(g)(2).
Melissa Dorn Bratton
Staff Attorney