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21-1-610. Reward to state employee when communication of waste or violation results in savings of state funds — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-1-610. Reward to state employee when communication of waste or violation results in savings of state funds — Definitions.
(a) As used in this section:
(1) “State employee” means a person who performs a full-time or part-time service for wages, salary, or other remuneration for a state employer; and
(2) “State employer” means:
(A) An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the State of Arkansas, including without limitation the:
(i) Offices of the various Arkansas elected constitutional officers; and
(ii) General Assembly and its agencies, bureaus, and divisions; or
(B) A state-supported college, university, technical college, community college, or other institution of higher education or department, division, or agency of a state institution of higher education.
(b) A state employee making a communication under § 21-1-603 shall be eligible to receive a reward in an amount equal to ten percent (10%) of any savings in state funds attributable to changes made based on a communication under § 21-1-603.
(c) Except as provided in subsection (g) of this section, upon the resolution of a matter communicated to an appropriate authority under § 21-1-603, the appropriate authority shall provide a written report detailing the content of the communication and the outcome of the communication to the:
(1) State employee who made the communication; and
(2) State employer that was the subject of the communication.
(d) After receiving a written report under subsection (c) of this section, a state employer shall:
(1) Document the savings in state funds attributable to changes made based on the communication filed under § 21-1-603 for one (1) full fiscal year; and
(2)(A) Within thirty (3
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-1-610
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:21-1-610
Source file: gov.ar.code.title.21.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 25d0925dfa09e2375fbc8cc29c29a190a0d0945932bc07f069f4ef8b9292f0ff
Source location: content.xml paragraph 701
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21-1-610. Reward to state employee when communication of waste or violation results in savings of state funds — Definitions.
(a) As used in this section:
(1) “State employee” means a person who performs a full-time or part-time service for wages, salary, or other remuneration for a state employer; and
(2) “State employer” means:
(A) An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the State of Arkansas, including without limitation the:
(i) Offices of the various Arkansas elected constitutional officers; and
(ii) General Assembly and its agencies, bureaus, and divisions; or
(B) A state-supported college, university, technical college, community college, or other institution of higher education or department, division, or agency of a state institution of higher education.
(b) A state employee making a communication under § 21-1-603 shall be eligible to receive a reward in an amount equal to ten percent (10%) of any savings in state funds attributable to changes made based on a communication under § 21-1-603.
(c) Except as provided in subsection (g) of this section, upon the resolution of a matter communicated to an appropriate authority under § 21-1-603, the appropriate authority shall provide a written report detailing the content of the communication and the outcome of the communication to the:
(1) State employee who made the communication; and
(2) State employer that was the subject of the communication.
(d) After receiving a written report under subsection (c) of this section, a state employer shall:
(1) Document the savings in state funds attributable to changes made based on the communication filed under § 21-1-603 for one (1) full fiscal year; and
(2)(A) Within thirty (30) days of the end of the first full fiscal year in which the changes made based on the communication filed under § 21-1-603 were implemented, issue a report containing:
(i) The total savings in state funds resulting from the communication under § 21-1-603 for the first full fiscal year in which the changes were implemented;
(ii) The name of the state employee who made the communication resulting in the savings of state funds; and
(iii) The amount of the reward for which the state employee is eligible. The amount of the reward shall be equal to ten percent (10%) of the total savings in state funds reported under subdivision (d)(2)(A)(i) of this section. If the state employer concludes that the state employee is not eligible for a reward, the state employer shall state the reasons for that determination in the report.
(B) A report under subdivision (d)(2)(A) of this section shall be submitted to the:
(i) Performance Evaluation and Expenditure Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Review/PEER Subcommittee of the Joint Budget Committee;
(ii) State employee who made the communication under § 21-1-603 unless the state employee has elected to maintain confidentiality under subsection (g) of this section. The report to the state employee shall include a notice to the state employee of the right to an appeal under subsection (e) of this section; and
(iii) Clerk of the Arkansas State Claims Commission.
(e)(1) A state employee may appeal to the Arkansas State Claims Commission in the same manner for filing a claim under § 19-10-208 if the state employee believes that:
(A) A report under subdivision (d)(2)(A) of this section does not accurately reflect the savings attributable to the changes made based on the communication under § 21-1-603; or
(B) The state employer did not accurately assess the determination of a reward under this section, including without limitation denying a reward to the state employee.
(2) A state employee who pursues an appeal under subdivision (e)(1) of this section is granted the same protection provided to a public employee under § 21-1-603.
(3)(A) A written request for an appeal under subdivision (e)(1) of this section shall be filed within forty (40) days of the submission of the report under subdivision (d)(2)(A) of this section.
(B) An appeal to the commission under subdivision (e)(1) of this section shall follow the rules and procedures of the commission.
(4) In an appeal to the commission, a state employee shall have the burden of proving by a preponderance of the evidence that the:
(A) Amount of savings reported by the state employer under subdivision (d)(2)(A) of this section does not accurately reflect the savings attributable to the changes made based on the communication under § 21-1-603; or
(B) State employer did not accurately assess the determination of a reward under this section.
(5)(A) The decision of the commission in a matter appealed under this subsection may be appealed only to the Claims Review Subcommittee of the Legislative Council or, if the General Assembly is in session, the Claims Subcommittee of the Joint Budget Committee.
(B)(i) Notice of appeal under subdivision (e)(5)(A) of this section shall be filed with the commission within forty (40) days after the commission renders a decision.
(ii) The commission, in a timely manner, shall notify the Legislative Council or the Joint Budget Committee and all parties to the matter when a notice of appeal to the Claims Review Subcommittee of the Legislative Council or Claims Subcommittee of the Joint Budget Committee is filed with the commission.
(iii) When the commission notifies parties of a decision of the commission, it shall advise the parties of the right of appeal.
(f)(1)(A) Except as provided in subdivision (f)(2) of this section, within thirty (30) days of the end of the period for appeal under subdivision (e)(3)(A) of this section or the resolution of an appeal under subsection (e) of this section, whichever is later, the clerk of the commission shall notify a state employer of the amount of a reward to be paid to a state employee.
(B) Upon receipt of notification under subdivision (f)(1) of this section, the state employer shall deliver a check to the clerk of the commission who shall deposit the same as a nonrevenue receipt into the Miscellaneous Revolving Fund from which he or she shall disburse the amount of the reward to the state employee.
(2)(A) No reward under this section shall be paid in excess of twelve thousand five hundred dollars ($12,500).
(B) If the amount of a reward is greater than twelve thousand five hundred dollars ($12,500), the reward shall be referred to the General Assembly for an appropriation.
(C) If a reward is appropriated to a state employer for the benefit of a state employee, it shall be paid from the funds available to the state employer.
(g)(1) A state employee wishing to maintain confidentiality under § 21-1-607 or who otherwise chooses to forego a reward under this section shall request to the appropriate authority that the report under subsection (c) of this section not include the state employee's name or identifying information.
(2) A state employee making a request under subdivision (g)(1) of this section shall not receive a reward under this section.
(3) The name and identifying information of a state employee who requests confidentiality under subdivision (g)(1) of this section is not disclosable under applicable state or federal law.
(h)(1) Except as provided in subdivisions (h)(2) and (3) of this section, a reward under this section shall not be payable for a communication made by a state employee in the normal course of the state employee's job duties.
(2) If a communication in the normal course of a state employee's job duties detailing waste or a violation is not acted upon by the state employer within ninety (90) days, the state employee may make a communication under § 21-1-603 to an appropriate authority and be eligible for a reward under this section.
(3) A report by a state employee of a loss of public funds under § 25-1-124 shall be considered a communication in the normal course of the state employee's job duties if the state employee:
(A) Handles or exerts control over the funds of the state employer;
(B) Participates in making decisions or recommendations concerning the deposit, investment, or expenditure of the funds of the state employer; or
(C) Is responsible for auditing the funds of the state employer.
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Arkansas Code — all titles (historical 2020) · legal_authorities
19-10-208. Complaints.
(a)(1) A proceeding under this subchapter shall be commenced by a verified complaint, of which the original and three (3) copies shall be filed with the Director of the Arkansas State Claims Commission.
(2) The party filing the claim or action shall be designated as the claimant, and the State of Arkansas, state agency, or applicable agent of the state shall be designated as the respondent.
(b) Unless otherwise provided for under this section, the complaint shall state concisely the facts upon which the claim or action is based and shall set forth:
(1) The address of the claimant and the claimant's attorney, if any;
(2) The time and place of the circumstances giving rise to the claim or action;
(3) The state agency whose action or inaction led to the origination of the claim or action;
(4) The amount claimed or relief sought; and
(5) All averments of fact necessary to state a cause of action against the state under this subchapter.
(c) If the claim or action is based upon a contract or other instrument in writing, a copy of the contract or instrument in writing shall be attached to the complaint and the copies filed with the director.
(d)(1) The claimant shall state in the complaint whether he or she has received any payment on account of the claim or action and, if so, the amount received.
(2)(A) The claimant also shall state whether another person or business entity has an absolute or contingent interest in his or her claim or action.
(B) If a person or corporation is interested in the claim, the claimant shall state the name and address of that person or corporation having the interest, the nature of the interest, and how and when it was acquired.
(e) If the claimant is an executor, administrator, guardian, or other re
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-10-208
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 19-10-208. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-1-603. Public employer conduct prohibited — Good faith communication.
(a)(1) A public employer shall not take adverse action against a public employee because the public employee or a person authorized to act on behalf of the public employee communicates in good faith to an appropriate authority:
(A) The existence of waste of public funds, property, or manpower, including federal funds, property, or manpower administered or controlled by a public employer; or
(B) A violation or suspected violation of a law, rule, or regulation adopted under the law of this state or a political subdivision of the state.
(2) The communication shall be made at a time and in a manner which gives the public employer reasonable notice of need to correct the waste or violation.
(b)(1) For purposes of subsection (a) of this section, a public employee communicates in good faith if there is a reasonable basis in fact for the communication of the existence of waste or of a violation.
(2) Good faith is lacking when the public employee does not have personal knowledge of a factual basis for the communication or when the public employee knew or reasonably should have known that the communication of the waste or of the violation was malicious, false, or frivolous.
(c) A public employer shall not take an adverse action against a public employee because the employee participates or gives information in an investigation, hearing, court proceeding, legislative or other inquiry, or in any form of administrative review.
(d) A public employer shall not take an adverse action against a public employee because an employee has objected to or refused to carry out a directive that the employee reasonably believes violates a law or a rule or regulation adopted under the authority of laws of the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-1-603
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-1-603. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-1-607. Protection of confidentiality.
(a) This subchapter shall not be construed to permit a disclosure which would diminish or impair the rights of any person or any public official to the continued protection of confidentiality of records or working papers where a statute or the common law provides for protection.
(b)(1) All materials and documentation, including without limitation notes, memoranda, recordings, preliminary drafts of investigation reports, and other data gathered in connection with a communication regarding the existence of waste or of a violation, are privileged and confidential and are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq., except as provided in subdivisions (b)(2) and (3) of this section.
(2) Final reports issued by a public employer or an appropriate authority concerning a communication regarding the existence of waste or of a violation and any supporting documentation shall be open to public inspection and copying, except for documents that are exempt from disclosure under other law.
(3) This section does not apply to the name and identifying information of a state employee eligible to receive a reward under § 21-1-610 who does not request confidentiality under § 21-1-610(g).
(c) This section applies without limitation to communications regarding the existence of waste or of a violation received by a telephone hotline allowing for the reporting of fraud, waste, or abuse in government.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-1-607
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-1-607. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-1-124. Reporting by public employee — Definitions.
(a) As used in this section:
(1) “Public employee” means a person who performs a full or part-time service for wages, salary, or other remuneration for a public employer; and
(2) “Public employer” means any of the following:
(A) An agency, department, board, commission, division, office, bureau, council, authority, or other instrumentality of the State of Arkansas, including the offices of the various Arkansas-elected constitutional officers and the General Assembly and its agencies, bureaus, and divisions;
(B) A state-supported college, university, technical college, community college, or other institution of higher education or department, division, or agency of a state institution of higher education;
(C) The Supreme Court, the Court of Appeals, the Administrative Office of the Courts, the circuit courts, and the prosecuting attorneys' offices;
(D) An office, department, commission, council, agency, board, bureau, committee, corporation, or other instrumentality of a county government or a municipality or a district court, a county subordinate service district, a municipally-owned utility, or a regional or joint governing body of one (1) or more counties or municipalities; or
(E) A public school district, school, or an office or department of a public school district in Arkansas.
(b)(1) A public employee with supervisory fiduciary responsibility over all fiscal matters of a public employer shall report to Arkansas Legislative Audit a loss of public funds that amounts to one thousand dollars ($1,000) or more in one (1) calendar year, including without limitation:
(A) Apparent unauthorized disbursements of public funds; or
(B) The apparent theft or misappropriation of public funds or property.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-1-124
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-1-124. This identifies an authority to review, not proof of applicability.