ADVISORY OPINION NO. 98-EC-012
Issued July 17, 1998

ISSUE:  

Whether it is permissible for a staff attorney for either a state agency or constitutional officer to use his or her state stationery to correspond with others about the affairs of a private group or association of which the staff attorney happens to be a member?

ANSWER:  

The statutes under the Commission’s jurisdiction do not address this issue. Accordingly, the Commission cannot provide a definitive answer. The Commission notes, however, that Ark. Code Ann. § 21-8-304[1] and Governor’s Policy Directive No. 5[2] are potentially applicable to the situation.

This advisory opinion is issued by the Arkansas Ethics Commission pursuant to Ark. Code Ann. § 7-6-217(g)(2).


Graham F. Sloan
Staff Attorney

 


[1] This statute provides, in pertinent part, that "no state employee shall use his position to secure special privileges or exemption for himself... that is not available to others."

[2] This Policy Directive states, in pertinent part, that "[u]se of any and all State-owned...supplies shall be restricted to official State use only" and that "[u]nauthorized or personal use of...supplies may be grounds for dismissal."