- (a) All meetings of the Arkansas Ethics Commission shall be governed by Robert's Rules of Order, except as may be modified by a majority of the commission members and by these rules of practice and procedure.
(b)
- (1) Any commissioner who has an actual conflict of interest in any proceeding before the commission shall recuse voluntarily from any involvement in the matter.
- (2) If a majority of the commissioners determines that one (1) of its members has such a conflict, they may, by affirmative vote, disqualify said member from participation in the matter.
- (c) All meetings of the commission, except as provided in subsection (d) of this section or Arkansas Code § 25-19-106(c), shall be open to the public.
(d)
- (1) Any portion of a commission meeting at which citizen complaints, including those filed by the commission, are considered shall be in confidential session and not open to the public.
- (2) Following any such confidential session, the commission shall reconvene in public to vote on any matters constituting final action.
(e) All records generated or accepted by the commission and its staff shall be open to public inspection, except for:
- (1) Matters which are parts of confidential investigations or inquiries; and
- (2) The advice and opinions of the director or staff attorney or attorneys when acting as the commission’s counsel on matters which may be considered to have occurred in an attorney-client relationship.
(f)
(1) All proceedings, records, and transcripts of any investigations or inquiries shall remain confidential and not subject to disclosure, unless:
- (A) The respondent requests disclosure of the documents;
- (B) There is a public hearing before the commission; or
- (C) There is judicial review of a commission decision.
- (2) Provided, however, that the commission may, through its members or staff, disclose confidential information to proper law enforcement officials, agencies, and bodies or as may be required to conduct its investigation.
- (3) Moreover, thirty (30) days after any final adjudication in which the commission makes a finding of a violation, all records relevant to the investigation and upon which the commission based its decision, except working papers of the commission and its staff, shall be open to public inspection.