Bookout is fined $4,000 for 2010 ethics violations

Former state Sen. Paul Bookout has agreed to pay a $4,000 fine to the Arkansas Ethics Commission for four violations of state ethics laws during the 2010 election in a settlement of a complaint filed by conservative blogger and accountant Jason Tolbert of Benton.

Bookout, a Jonesboro Democrat, resigned from office Aug. 20 after the commission fined him $8,000 for four violations of state ethics laws during the 2012 election and a special prosecutor was appointed to review the matter.

The commission also publicly reprimanded Bookout for spending more than $53,000 in 2012 campaign funds on items unrelated to his re-election bid.

On Monday, he signed a six-page consent order, agreeing not to contest the latest ethics charges and to pay the $4,000 fine.

The commission received the ethics complaint against Bookout on Dec. 31, according to the consent order signed Tuesday by commission Chairman William C. Bird III of North Little Rock and released by the commission Friday.

In his complaint, Tolbert accused Bookout of not itemizing his final distribution of $25,883 in surplus campaign funds, not filing any reports disclosing the expenditures he made using $15,800 in carryover funds that he retained from the 2010 election cycle and not itemizing all single expenditures that exceeded $100.

Under the consent order, Bookout agreed that the commission make findings that he violated state laws by:

Using “a significant portion of his 2010 campaign funds and carryover funds to make expenditures for items not related to his campaign or office as a state senator.”

Failing to file any 2010 carryover fund reports disclosing the expenditures he made using $15,800 in carryover funds. Under state law, a candidate may retain campaign funds from their last election up to a maximum of their annual salary of the office sought.

Failing to maintain and make available to the commission sufficient records of all campaign and carryover-fund expenditures made in connection with his 2010 campaign.

Failing to disclose on campaign finance reports all contributions received and all expenses, including the distribution of his surplus funds, in connection with his 2010 campaign for state senator.

State law requires a candidate, within 30 days after the end of the month in which an election is held, to give surplus campaign funds beyond carryover funds to either the state treasurer for the general revenue fund account of the State Apportionment Fund; a political party or the party caucus of the General Assembly, House or Senate; a nonprofit 501(c)(3) organization; cities or incorporated towns;or the contributors to the candidate’s campaign.

As part of the consent order, Bookout also agreed to file amendments to his 2010campaign finance reports to correct all reporting deficiencies and also file original carryover-fund reports for the 2010 election cycle with the secretary of state’s office by May 15.

Tolbert said Friday that he’s not “seen the full file from the Ethics Commission’s investigation but the fine seems appropriate.

“The main thing for me is that Bookout is held accountable for his actions,” he said.

Graham Sloan, executive director of the commission, said the Bookout campaign’s bank records will become available to the public from the commission within 30 days of Tuesday under state law.

Attorney Bill Stanley of Jonesboro, who represents Bookout, could not be reached for comment by telephone Friday.

During the 2012 election, Bookout violated state law by making personal use of $53,305 of his campaign funds; not keeping campaign funds separate from personal funds; failing to maintain proper records; and not itemizing 93 campaign expenses totaling $39,647, the commission reported in August. Among other things, Bookout transferred more than $18,000 of his campaign funds into his own bank account, withdrew an additional $6,760 in cash from his campaign account, used more than $5,000 in campaign donations to buy women’s clothing and accessories, and $1,306 to purchase gear at the Ridge-Pointe Country Club pro shop.

The commission’s findings from the 2012 election stemmed from an ethics complaint filed by conservative activist Bobby Hester of Jonesboro, who said he filed it after noticing that Bookout’s campaign finance reports provided few details about how he had spent tens of thousands of campaign dollars.

The largest single fine levied by the commission in its more than 20 years of operations is $11,000 and was levied against then-Republican Lt. Gov. Mark Darr. The Springdale Republican signed a settlement agreement Dec. 30 in which he agreed to pay a $11,000 fine after the commission found cause that he violated 11 state ethics laws and regulations. Among other things, the commission found probable cause that Darr violated state ethics laws by making personal use of $31,572 of his campaign funds.

The ethics violations were uncovered by liberal blogger and attorney Matt Campbell of Little Rock, who filed a complaint against Darr.

Darr, who was elected lieutenant governor in 2010, resigned on Feb. 1 after initially rejecting calls to resign from Democratic Gov. Mike Beebe, the state’s congressional delegation, and several Democratic and Republican candidates for statewide office.

Front Section, Pages 1 on 04/05/2014

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