Arkansas Democrat-Gazette

Ethics filing gets rejected 2nd time

Senator accused over labor case

- MICHAEL R. WICKLINE

The Arkansas Senate Ethics Committee on Tuesday night recommende­d the full Senate dismiss a complaint filed by Sen. Trent Garner, R-El Dorado, alleging that Senate President Pro Tempore Jim Hendren, R-Sulphur Springs, violated the chamber’s code of ethics.

It was the second time the complaint had been dismissed.

During its Nov. 6 organizati­onal session for the upcoming 93rd General Assembly, the Senate, with a few dissents, voted to dismiss Garner’s complaint as frivolous. Garner surprised senators by announcing his complaint against Hendren.

Garner’s complaint is linked to a federal judge’s ruling in April that ordered Hendren’s plastic company and a drug rehabilita­tion program to pay $1.1 million in back wages and damages to workers. Hendren has appealed the judge’s ruling.

The Senate Ethics Committee considered the complaint Tuesday because committee chairwoman, Sen. Missy Irvin, R-Mountain View, said the Nov. 6 vote was by the Senate of the next General Assembly, but under the committee rules, the proper body to consider an ethics complaint by and against a senator of the 92nd General Assembly is the current Senate.

The rules require the Senate Ethics Committee to commence its investigat­ion into an ethics complaint within 10 business

days of receiving a petition with the complaint, and the matter requires a final decision by the full Senate, she said at the outset of Tuesday’s meeting.

“Unless the 92nd General Assembly suspends the rules, this body is bound by the rules to initiate an investigat­ion and submit a recommenda­tion to the full Senate,” Irvin said.

With no dissenters, the eight-member committee later approved a motion by Sen. David Wallace, R-Leachville, to recommend the 35-member Senate dismiss Garner’s complaint against Hendren.

The committee held a closed executive session to hear from Garner and Hendren and deliberate on its recommenda­tion for about two hours and 45 minutes.

Asked why the committee recommende­d dismissal of Garner’s complaint against Hendren, Irvin said, “We can’t discuss anything that occurred in executive session.” She said the recommenda­tion is based on the testimony given in the closed session.

Irvin said Tuesday this was the committee’s first investigat­ion and hearing held under overhauled ethics rules adopted in 2018.

“How we proceed sets a precedent for how the Senate will handle any future ethics violation allegation­s,” Irvin said. “As such, it is imperative that we follow the procedures as they are set out in Rule 24 and that we ensure that the procedures are consistent­ly to all senators, no matter the allegation and no matter the senator who is the subject of the allegation.”

Besides Irvin and Wallace, the Ethics Committee includes Sens. Will Bond, D-Little Rock; Lance Eads, R-Springdale; Ricky Hill, R-Cabot; Bruce Maloch, D-Magnolia; Jason Rapert, R-Conway; and Larry Teague, D-Nashville.

Afterward, Hendren said he’s glad the committee voted for dismissal of Garner’s complaint.

“We have a lot of important work to do and these political games need to stop,” Hendren said.

Garner said he was disappoint­ed with the committee recommendi­ng dismissal, but the recommenda­tion was expected.

He said the most disappoint­ing aspect was the committee “met in executive session so there was no transparen­cy” to allow the public to see the full charges against Hendren.

The Senate’s ethics rules state that “an executive session of the committee shall be permitted upon the determinat­ion of the Chair.”

Asked why she chose to have the committee meet privately to hear from Garner and Hendren, Irvin said in a text message to this newspaper, “I determined to go into Executive session based upon the nature of the allegation due to the pending litigation; and as it sets precedence for any future petition particular­ly one that might involve a petition based on a sexual claim.”

In April, U.S. District Judge Timothy Brooks ordered Hendren Plastics and the Drug and Alcohol Recovery Program to pay back wages and damages to 172 workers who volunteere­d for the program. According to Brooks, the defendants, for their own f inancial benefit, deployed individual­s who, at one time, faced criminal charges related to substance abuse and then enrolled in the program.

Hendren said he planned to appeal the ruling and he tweeted that “the implicatio­n that [Hendren Plastics] sought this out for cheap labor is completely false.”

He said he had consulted with drug-court judges, who assured him it was not only legal but essential that Hendren and other companies participat­e with recovery programs to give nonviolent offenders an alternativ­e to prison.

Among other things, Garner alleged in his complaint that Hendren, as president of Hendren Plastics, “violated state minimum wage law for financial gain by manipulati­ng the labor market and skirting compliance with the law.”

Hendren told senators on Nov. 6, “There have been allegation­s made that we profited from this [and that’s] absolutely not true. Every hour that was worked was paid more than minimum wage, including overtime hours. That is an undisputed fact.”

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