I am concerned the wording that appears in 21-8-402 5.B.vii may be too vague. Included below for your convenience.
(a) Anything with a value of one hundred dollars ($100) or less.
(b) The value of an item shall be considered to be less than one hundred dollars ($100) if the public servant reimburses the person from whom the item was received any amount over one hundred dollars ($100) and the reimbursement occurs within ten (10) days from the date the item was received;
I do not see a requirement, as written, that the reimbursement be of equal value to the initial gift. This seems to invite a means for misconduct that goes against the spirit of the law. This same choice of language appears elsewhere in Arkansas Law.
I am seeking one of two things
1) Some clarification of the AR Code or other source that verifies there can be no misuse of this clause by unethical individuals.
2) A verification that this clause, or one like it, has been the basis of unethical conduct previously.
Should the second scenario be validated, I will post a follow up on what would eliminate such a loophole, but that is being excluded from here.