(a) The Arkansas Ethics Commission shall consist of five (5) commissioners who shall be appointed as follows:

1. (1) One (1) member by the Governor;
2. (2) One (1) member by the Lieutenant Governor;
3. (3) One (1) member by the Attorney General;
4. (4) One (1) member by the Speaker of the House of Representatives; and
5. (5) One (1) member by the President Pro Tempore of the Senate.

(b) Pursuant to Arkansas Code § 7-6-217(b)(1), the commission shall, at all times, have among its members:

1. (1) One (1) member of a minority race;
2. (2) One (1) woman; and
3. (3) One (1) member of a minority political party.

(c)

1. (1) Each commissioner has a responsibility to attend all regular and special meetings of the commission.
2. (2) Any commissioner who fails to attend three (3) consecutive regular meetings shall be subject to removal from the commission pursuant to Arkansas Code § 25-17-211.

(d)

1. (1) In accordance with Arkansas Code § 7-6-217, commissioners shall be appointed for terms of five (5) years and they shall continue to serve until their successors have been appointed and taken the official oath.
2. (2) No person may be appointed to serve consecutive terms on the commission.
3. (3) However, any commissioner who has been appointed to serve two (2) years or less of an unexpired term shall be eligible for an appointment to a subsequent five-year term.

(e)

1. (1) The commission shall annually elect one (1) of its members to serve as chair for a term of one (1) year.
2. (2) The commission may elect a vice-chair and such other officers as a majority of the commissioners choose.
3. (3) The vice-chair shall serve as chair in the absence, disqualification, or disability of the chair.

(f)

1. (1) The election of officers shall be conducted at the first regular meeting of the commission following January 1 of each year.
2. (2) The commission may form such committees or subcommittees as it deems necessary and/or appropriate to accomplish its legal aims and purposes.
3. (3) The commission may appoint one (1) or more of its members to an unofficial committee or subcommittee and may invite non-commissioners to participate as unofficial committee or subcommittee members.

(g)

1. (1) At each meeting of the commission, three (3) members shall constitute a quorum whether in person or by electronic or telephonic means.
2. (2) However, an affirmative vote of at least three (3) commissioners physically present at a meeting is required before any sanction or sanctions can be imposed.
3. (3) The vote of each member voting on any action shall be a public record.

(h)

1. (1) A majority of the members of the commission present shall vote on any matter before the commission for any decision of the commission to become effective.

2. (2) The following matters shall be by motion, followed by a second, in order for a vote of the commission to be valid:

   1. (A) All matters requiring affirmative action by the full commission or one (1) of its members;
   2. (B) All decisions on public positions taken by the full commission;
   3. (C) All decisions on advisory opinions and declaratory orders; and
   4. (D) All decisions regarding findings of fact and conclusions of law or other actions regarding a person accused of violating any laws under the commission’s jurisdiction.

(i) The commission may, by majority vote, delegate the execution of any official duty or action to:

1. (1) Its chair;
2. (2) One (1) of its members; or
3. (3) The director.

(k) No commissioner shall be:

1. (1) A federal, state, or local government official or employee;
2. (2) An elected public official;
3. (3) A candidate for public office;
4. (4) A lobbyist as defined in Arkansas Code § 21-8-402(11); or
5. (5) An officer or paid employee of an organized political party as defined in Arkansas Code § 7-1-101(26).

(l)

1. (1) Each commissioner, during the entire term of his or her service on the commission, shall be prohibited from participating in, raising funds for, making contributions to, providing services to, or lending his or her name in support of any candidate for election to a state, district, county, municipal, or school board office or in support of a ballot issue or issues submitted or intended to be submitted to voters of the State of Arkansas, excluding the exercise of the right to vote or the mere signing of an initiative or referendum petition.
2. (2) This prohibition shall not extend to the spouse or family members of a commissioner nor to his or her business partners or professional associates.