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Ethics Commission: JPs may accept small gifts for marriage ceremonies Saturday, Jul 19, 2008 By John Lyon Arkansas News Bureau LITTLE ROCK - A justice of the peace in Arkansas may accept a gift for performing a marriage ceremony only if the value of the gift is $100 or less, the state Ethics Commission said Friday in an advisory opinion. The commission's opinion follows an opinion last month by Attorney General Dustin McDaniel that a justice of the peace may not charge a fee for performing a marriage ceremony. McDaniel said in his opinion the question of whether a JP could accept a gift for such service, rather than a set fee, would best be directed to the Ethics Commission. In its opinion Friday, the commission said state law prohibits a public servant from receiving a gift or compensation, other than income and benefits, for the performance of his or her duties. A "gift" in this context excludes anything with a value of $100 or less however, the commission noted. "Accordingly, a public servant may receive an item conferred to show appreciation for the public servant's job performance so long as the item was not worth more than $100," the commission said in the opinion. Rita Looney, chief counsel for the commission, said she would advise against a justice of the peace suggesting a specific gift, even if asked. "It would be my opinion, although the commission's opinion doesn't state it, that a set honorarium would be semantics and that would be a fee and that would be prohibited," she said. State Rep. Joan Cash, D-Jonesboro, requested both the attorney general's opinion and the Ethics Commission's opinion. Cash said some justices of the peace in her district were confused about what they should do when offered gifts. "Sometimes they're offered $35 or $40 perhaps, sometimes they're not. They wanted to know how to act if they were," Cash said. Friday's opinion does not mean justices of the peace may accept gifts of $100 or less in connection with their decisions as quorum court members, however. Under the Arkansas Constitution, it is a felony for an officer of the executive, judicial or legislative branch of government to accept anything of value intended to influence the performance of his or her public duty, or for anyone to make such a gift. |
