Is it legal to pay a part-time employee from a regular salary appropriation? Is it legal to pay a full-time employee out of an extra-help appropriation for any portion of a fiscal year even though that employee will ultimately work more than 1,000 hours in that fiscal year? RESPONSE: Case law doe

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL wane 201 EAST MARKHAM STREET STEVE CLARK HERITAGE WEST BUILDING ATTORNEY GENERAL - ., LITTLE ROCK, ARKANSAS 72201 (501) 371-2007 OPINION NO. 86-132 a TE, April 30, 1986 . a | ~ 2 Be Honorable Bobby Newman State Representative Vice Chairman - Legislative Council - - State Capitol Bidg., Room 315 . a Little Rock, AR 72201 oe Dear Representative Newman: This is in response to your request for an opinion on. the following questions. ' 1. ‘Ts it legal to pay a part-time employee from regular . salary appropriations? ... . a 2. Is it ‘legal to pay a full-time employee out of an «°° ° =| ae extra-help appropriation for any portion of a fiscal — mo. - + year even though that employee will ultimately work more , than 1000 years in: that fiscal year? . a —_ In Tesponse to your first question, research has not oe _“~Pevedled-any.-statutory or case law that prohibits a. aa part-time employee from! being paid from regular salary. ‘appropriations. Also, in regard to your second question, “there appears to be no prohibition against a full-time .. employee being paid out.of extra help appropriations. even. “though that: employee May ultimately work more than. 1000... ‘hours in a fiscal* ‘year, : ‘Provided . the appropriation ; : xceeded. ; oa : an oT do not ‘believe it is proper ‘to. combine salary a “ appropriations for the benefit of an individual ‘employee; -. ‘For example,;.if the. appropriations were structured as line -items and the line item maximum for a regular employee was... $20,000 you could not combine that. maximum with an addi- "eo! tional: $5,000 from an. extra help: appropriation, in order. too: pay: a. salary of $25, 000. or The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General E. Jeffery Story. Sincerely, STEVE CLARK Attorney General SC/JS/pw _