(b)

1. (1) For purposes of this rule, a gift shall be prohibited if it is intended:

   1. (A) To reward a public servant for doing his or her job; or
   2. (B) As a reward for past or future action.
2. (2) In contrast to bribery, which requires a showing that a gift and some official action motivated each other, a gift is prohibited by this rule if the gift is for or because of the action.
3. (3) In order for a gift to be prohibited, it need not be shown that the official action was for or because of the gift.

(c)

1. (1) A public servant is not prohibited from receiving an item conferred to show appreciation for the public servant’s job performance, i.e., to reward the public servant for doing his or her job, so long as the value of the item does not exceed one hundred dollars ($100).
2. (2) Items costing more than one hundred dollars ($100) which are given to public servants to show appreciation for their efforts, i.e., to reward them for doing their job, or to reward them for past or future action are prohibited under this rule.

(d)

1. (1) A public servant is not prohibited from receiving all gifts.
2. (2) For example, a public servant may accept a gift conferred on account of a bona fide personal, professional, or business relationship independent of his or her official status.

3. (3) In determining whether a gift was conferred on account of an independent relationship, the Arkansas Ethics Commission will consider such factors as:

   1. (A) When the relationship began, i.e., before or after the public servant obtained his or her office or position;
   2. (B) The prior history of gift giving between the individuals;
   3. (C) Whether the gift was given in connection with a holiday or other special occasion; and
   4. (D) Whether the same gift was given to other public servants.