ADVISORY OPINION NO. 99-EC-002
  Issued January 22, 1999

The Arkansas Ethics Commission has received a request from a department of the executive branch of state government seeking clarification concerning which members of its staff are required to annually file a written Statement of Financial Interest ("SFI") by virtue of their employment with the department. This advisory opinion serves to provide such clarification.

The persons required to file a SFI are listed in Ark. Code Ann. 21-8-701(a). The fourth category on that list is "[a]ny agency head, department director, or division director of state government."  

Based upon the foregoing, it is clear that the director of a department of state government is required to file a SFI. Furthermore, if the department is organized into divisions, then the director, i.e. head of each division, is required to file a SFI.

The preceding analysis would also apply to state agencies. The head of any state agency is required to file a SFI as are the directors or heads of any divisions within the agency.  

Beyond the persons mentioned above, Ark. Code Ann. 21-8-701(a)(4) does not require any other members of the staff of a department or agency to file a SFI. It is possible, however, that those staff members would fit into another category on the list.

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