Reporting by public employee — Definitions

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  1. (a) As used in this section:

    1. (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. (2) “Public employer” means any of the following:

      1. (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;

      2. (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;

      3. (C) The Supreme Court, the Court of Appeals, the Administrative Office of the Courts, the circuit courts, and the prosecuting attorneys' offices;

      4. (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

      5. (E) A public school district, school, or an office or department of a public school district in Arkansas.

  2. (b)

    1. (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:

      1. (A) Apparent unauthorized disbursements of public funds; or

      2. (B) The apparent theft or misappropriation of public funds or property.

    2. (2) A report under subdivision (b)(1) of this section shall be made within five (5) business days of the date the public employee learns of the loss of public funds.

  3. (c) A public employee with supervisory fiduciary responsibility over all fiscal matters who purposely fails to comply with subsection (b) of this section is guilty of a Class A misdemeanor.


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