Employment of Constitutional Officers and Spouses

(Act 34 of 1999) 

If you are 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) you may not be hired by any state agency after you are elected and during the term for which you were elected, unless you resign the constitutional office prior to being hired. 

If you were employed by a state agency prior to being elected to a constitutional office, you may continue your employment. However, your position cannot be reclassified, unless it is a general reclassification affecting all positions in your class and grade equally. You 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. 

If your spouse is elected to a constitutional office, you may not be hired by a state agency after your spouse is elected and during your spouse's term of office without the prior approval of the Joint Budget Committee (or the Legislative Council if the General Assembly is not in session) and the governor. 

If you were employed by a state agency prior to your spouse's being elected to a constitutional office, or if you are hired by a state agency during your spouse's term of office, you are subject to the following restrictions: (a) Your position cannot be reclassified, unless it is a general reclassification affecting all positions in your class and grade equally. (b) While your spouse serves as a constitutional officer and for two years after your spouse leaves office, you cannot be promoted or transferred without the prior approval of the Joint Budget Committee or the Legislative Council and the governor. (c) You cannot receive any pay increases in excess of 15% without the prior approval of the Joint Budget Committee (or the Legislative Council if the general Assembly is not in session) and the governor. 

Former members of the General Assembly and their spouses cannot be employed by a state agency within 24 months after the legislator leaves office in any job which (a) was newly created by legislative action within 24 months prior to the legislator leaving; or (b) had a maximum salary increase of more than 15% authorized by legislative action within 24 months prior to the legislator leaving office. 

3.16 Updated 2/20/2010