united-states statutes professional-ethics arkansas
AR Code &#167; 21-8-402 (2018)
<p>I am concerned the wording that appears in 21-8-402 5.B.vii may be too vague. 
Included below for your convenience.</p>

<blockquote>
  <p>(vii)</p>
  
  <p>(a) Anything with a value of one hundred dollars ($100) or less.</p>
  
  <p>(b) The value of an item shall be considered to be less than one hundred dollars 
  ($100) if the public servant reimburses the person from whom the item was 
  received any amount over one hundred dollars ($100) and the reimbursement occurs 
  within ten (10) days from the date the item was received;</p>
</blockquote>

<p>I do not see a requirement, as written, that the reimbursement be of equal value to the initial gift. This seems to invite a means for misconduct that goes against the spirit of the law. This same choice of language appears elsewhere in Arkansas Law.</p>

<p>I am seeking one of two things</p>

<p>1) Some clarification of the AR Code or other source that verifies there can be no misuse of this clause by unethical individuals.</p>

<p>2) A verification that this clause, or one like it, has been the basis of unethical conduct previously.</p>

<p>Should the second scenario be validated, I will post a follow up on what would eliminate such a loophole, but that is being excluded from here.</p>

<p>What you linked to is a list of definitions of terms used in the laws of Arkansas.</p>

<p>The actual Arkansas law on gifts to elected officials reads as such:</p>

<blockquote>
  <p>Persons elected or appointed to select offices, including members of the general assembly, shall not solicit or accept a gift from a lobbyist or a person acting on behalf of one. A lobbyist shall not offer or pay for food or drink at more than 1 planned activity in a 7 day period. Does not prohibit the acceptance of: (1) Food, drink, informational materials, or other items included in a conference registration fee; and (2) Food and drink at events coordinated through the regional or national conference and provided to persons registered to attend. Ark. Const. art. XIX,§ 30.</p>
</blockquote>

<p><a href="http://www.ncsl.org/research/ethics/50-state-table-gift-laws.aspx" rel="nofollow noreferrer">http://www.ncsl.org/research/ethics/50-state-table-gift-laws.aspx</a></p>

<p>The official is just not supposed to accept gifts, besides the provision for lobbyists to pay for food or drink. It's not that they can take a gift and pay $100 dollars.</p>

<h2>... reimburses the person ...</h2>
<p><a href="https://www.merriam-webster.com/dictionary/reimburse" rel="nofollow noreferrer">Reimburse</a> means:</p>
<blockquote>
<p>2: to make restoration or payment of an equivalent to</p>
<p><em>reimburse him for his traveling expenses</em></p>
</blockquote>
<p>The amount paid must be equivalent in value to the gift received, otherwise it isn't reimbursement.</p>
