Texarkana Gazette

Arkansas AG: Gov. Sanders not bound by 2 laws

Lectern audit release ahead

- NEAL EARLEY Informatio­n for this article was contribute­d by Michael R. Wickline, Josh Snyder and Tony Holt of the Arkansas Democrat-gazette, and Doug Thompson of the Northwest Arkansas Democrat-gazette.

Responding to a request for an advisory opinion from Gov. Sarah Huckabee Sanders, Arkansas Attorney General Tim Griffin said the governor is not subject to two state laws on accounting and the distributi­on of state property.

The first-term Republican governor did not give a reason for requesting the advisory opinion in her letter to the attorney general, but it comes in anticipati­on of the expected release of the long-awaited audit of the purchase of a $19,000 lectern by the governor’s office. Republican Rep. Jimmy Gazaway, co-chair of the Legislativ­e Joint Auditing Committee overseeing the report, told the Arkansas Democrat-gazette on Friday the report will be released to the public next week.

Sanders specifical­ly asked the attorney general to review whether she is subject to the General Accounting and Budgetary Procedures Law and to Arkansas Code 25-8-106, which regards the marketing and distributi­on of state property.

In her letter to Griffin, Sanders asked whether constituti­onal officers, like herself, were considered “agencies” under the General Accounting and Budgetary Procedures Law and, if not, what sections of that law apply to the state’s top elected officials.

The General Accounting and Budgetary Procedures Law requires all state agencies to “provide adequate accounting for all fiscal transactio­ns.” Responding to Sanders’ questions, Griffin said the governor is not considered a state agency and thus is not subject to that part of the law because “the regulation extends to constituti­onal offices only if they are specifical­ly named.”

The opinion, which was prepared by Deputy Attorney General Noah P. Watson and approved by Griffin, also states the Arkansas legislatur­e has passed multiple laws stating constituti­onal officers are not subject to that portion of the General Accounting and Budgetary Procedures Law, and if they were “some of its provisions would likely be unconstitu­tional.”

Griffin stated the General Accounting and Budgetary Procedures Law would be constituti­onally suspect if it were to apply to the governor since the statute requires certain kinds of budget transfers be reported to the secretary of the Department of Finance and Administra­tion. The attorney general said if the governor were subject to that portion of the law, it “would make the Governor subordinat­e to a legislativ­ely created executive official.”

The Republican attorney general said the only parts of the General Accounting and Budgetary Procedures Law that Sanders’ office is subject to are parts that specifical­ly include “constituti­onal officers.” For the state law regarding marketing and redistribu­tion of property, Griffin drew a similar conclusion to his other answers, saying the law does not specifical­ly say constituti­onal officers are subject to it.

Arkansas Code 25-8-106 states “All state agencies, boards, commission­s, department­s, and colleges and universiti­es are required and county, municipal, or other tax-supported institutio­ns are authorized to utilize the services of the Marketing and Redistribu­tion Section, unless specifical­ly exempted in writing by the State Procuremen­t Director.”

The Marketing Redistribu­tion Section, also known as Arkansas State Surplus, “oversees the redistribu­tion and sale of state surplus property between state agencies, tax-supported entities, not for profit, and to the general public,” according to the website for the Arkansas Department of Transforma­tion and Shared Services.

Alexa Henning, a spokespers­on for Sanders, did not respond Friday to a request from the Democrat-gazette for comment.

Many have awaited the release of the audit since legislativ­e auditors finished a draft report in March and gave the governor’s office until March 29 to issue a response. The letter in which Sanders asked Griffin for an advisory opinion is dated April 3.

The controvers­y surroundin­g the purchase of the lectern began after Matt Campbell, an attorney and blogger, posted an invoice for the lectern on X, formerly Twitter, in September.

The invoice showed the governor’s office purchased the lectern in June with a state credit card, paying $18,475 for a 39-inch Custom Falcon Podium with a custom podium case, and was charged a $554.25 credit card processing fee.

The lectern was purchased from Beckett Events, LLC, an events management firm based in Arlington, Va., that describes itself as a “full-service events management company” but does not list lecterns or other equipment for sale on the site. Henning has said the governor’s office purchased the lectern from Beckett Events because it was similar to the one Sanders used during her inaugurati­on last year.

In September, the Republican Party of Arkansas wrote a check reimbursin­g the state for the lectern purchase, something that Sanders said shows that taxpayers ultimately were not responsibl­e for the purchase. However, state Sen. Jimmy Hickey, R-texarkana, requested a legislativ­e audit of the lectern purchase in October as it was purchased with a state credit card.

Attorney general advisory opinions carry only marginal legal weight when compared to a ruling or opinion from a court, but can help boost a defense against possible future litigation, said Robert Steinbuch, a professor at the William H. Bowen School of Law in Little Rock.

“It provides, in this case the governor, a good faith defense even if the court says you got it wrong,” said Steinbuch, who is also a columnist for the Democrat-gazette.

Steinbuch said an advisory opinion also could provide the governor with political cover.

“It offers some political benefit to the extent that the opinion comes out favorably,” he said.

Controvers­y surroundin­g the lectern purchase has prompted national media attention and questions about the governor’s office’s purchase of the furnishing.

Sanders has said the purchase is a “manufactur­ed controvers­y,” as it was ultimately paid for by the Republican Party of Arkansas. Henning said in September it was a mistake that the governor’s office originally purchased the lectern and that the credit card fee was an “accounting error.”

“I think the process wasn’t as clean as it should have been,” Sanders said in October. “Again, it has been reimbursed by private funds. Nothing was paid for by taxpayers, and that was the error on the front end.”

Henning also stated in September that Sanders “welcomes the audit and encourages legislator­s to complete it without delay.”

When asked previously about the lectern’s features, Sanders said a smaller lectern was needed to accommodat­e her relative short stature when compared with her predecesso­rs, along with other benefits. “I don’t know if you’ve noticed, but women are traditiona­lly a little bit shorter than most of our male counterpar­ts, and so that makes a little bit of a difference,” Sanders said.

This isn’t the first time the governor’s office has requested an advisory opinion related to the lectern. Responding to a request from Sanders, Griffin said in an advisory opinion released in September that state procuremen­t law does not apply to the governor or other constituti­onal officers.

 ?? ?? Attorney General Tim Griffin and Governor Sarah Huckabee Sanders make a joint announceme­nt in this Feb. 16, 2023, file photo. (Arkansas Democrat-gazette/stephen Swofford)
Attorney General Tim Griffin and Governor Sarah Huckabee Sanders make a joint announceme­nt in this Feb. 16, 2023, file photo. (Arkansas Democrat-gazette/stephen Swofford)

Newspapers in English

Newspapers from United States