Forfeiture of office

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  1. (a) A public servant holding an office, position, or employment in a governmental body shall forfeit the office, position, or employment if he or she pleads guilty or nolo contendere to or is found guilty of:

    1. (1) A felony offense relating to the public servant's office, position, or employment;

    2. (2) A misdemeanor offense involving fraud, dishonesty, bribery, forgery, or other form of corruption relating to the public servant's office, position, or employment; or

    3. (3) Theft of property under § 5-36-103 when the victim of the theft is the governmental body with which the public servant is associated.

  2. (b)

    1. (1) A public official may be removed from office under Arkansas Constitution, Article 5.

    2. (2) The General Assembly or the state may consider the following offenses when determining if a public official is qualified:

      1. (A) A felony offense;

      2. (B) Theft of property under § 5-36-103;

      3. (C) Abuse of office under § 5-52-107; or

      4. (D) Witness tampering under § 5-53-110.

  3. (c) A public official or public servant may hold a public office after he or she is removed from an office, position, or employment with a governing body if an offense identified in subdivision (b)(2) of this section is expunged and permitted under applicable law.


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