Can two county employees, a deputy sheriff and a maintenance man, work on Saturdays to help supervising the road crew and be paid from county funds in addition to their regular salaries? ANSWER: No. It violates 14-14-1202. Conflicts of interest.

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL 4 201 EAST MARKHAM STREET - —_ HERITAGE WEST BUILDING — 7 200! STEVE CLARK * ATTORNEY GENERAL. - = =< SSS ~~CLITTLE ROCK, ARKANSAS 72201 - (600) 878-2007 January 26, 1987 Opinion No. 86-191 Honorable H. G. Foster | . Prosecuting Attorney — 20th Judicial District Faulkner County Courthouse. 1008 Front Street Conway, AR 72032 . Dear Prosecutor Foster:. This ‘office: acknowledges your request. for an official opinion. Your question concerns the interpretation. of Ark. Stat. Ann, §17- 4208(3)(a), which Provides in pertinent parts RULES OF CONDUCT. No officer 6r--other employee. of | county government shall be interested, either directly or indirectly, in any contract or transaction made, authorized, or entered into on behalf of the county or an entity created by the county, or (2) accept or receive any property, money, or other valuable thing, _ _for their use or benefit on account of, connected with or growing out of any contract or transaction of a. county. Two employees of the county, -a deputy sheriff and a mainte-- nance man, in addition to their regular salary are paid from county funds to assist the probation officer in supervising | the ‘road crew on Saturdays. You inform us that the auditors have declared the payments for Saturday road crew super- - vision to be in violation of the provisions of Ark. Stat. Ann. §17-4208(3)(a). In this fact situation, there appears to be an oral contract between the county and the employees to perform labor on Saturday in exchange for monetary payment. Thus, these regular county employees are put in the position of receiv-— ing money in connection with a contract with the county. It Honorable H. G. Foster Page 2 . January 26, 1987 is my opinion that such practices are forbidden by Ark. Stat. Ann. §17-4208(3)(a). This result is consistent with Attorney General's Official Opinion No. 85-57, which was issued on February 20, 1985. The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Arnold M. Jochums. Sincgrely, Attorney General jsc:AMJ:ble .