Audit questions Arkansas secretary of state's trip to Ghana

Secretary of State Mark Martin's trip to Ghana on a U.S. Department of Agriculture trade mission in November 2015 doesn't appear to be within the scope of his office's duties, a legislative auditor said Thursday.

In response, the Prairie Grove Republican's office stated that for the Legislature to make that determination "is in direct violation of the separation of powers clause of the [Arkansas] Constitution."

Martin's office indicated that the secretary of state considered the trip to Ghana to be a direct benefit, and therefore he chose to commit his time to the cause, according to the audit for the fiscal year ending June 30.

The USDA's deputy secretary led the trade mission to expand export opportunities in sub-Saharan Africa. Arkansas Secretary of Agriculture Wes Ward was contacted by Martin's then-deputy, Joseph Wood, who expressed his desire to go on the trip along with Martin, said Deputy Legislative Auditor Jon Moore.

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Moore said the specified duties of the secretary of state in the Arkansas Constitution and applicable state laws include overseeing election laws, including candidate filings and ballot initiatives; registering businesses; and keeping up the state Capitol grounds.

"The purpose of the USDA trip, costing $8,380, does not appear to be within the scope of these duties," Moore said.

Management in Martin's office "stated they respectfully and strongly disagree with the legislative branch of the state of Arkansas attempting to interfere with how and when a constitutional officer should travel on the behalf of the people of the state," Moore said.

The audit said that Martin's office indicated that Martin and Wood's trip to Ghana included numerous opportunities to promote Arkansas agriculture, including chicken production.

Martin's office indicated that the secretary of state "spoke directly to government officials in Ghana about the Apostille process, encouraging them to become a member of the Hague Convention so that Arkansas businesses would be able to streamline exporting products directly to the country," according to the audit. The Apostille process is a method of authenticating documents.

Martin's office said it recognized Arkansas Legislative Audit's responsibility to safeguard the people's monies and account for them in a professional manner, according to the audit. Martin was unaware until later that the hotel in Ghana did not put his personal incidental expenses on his personal credit card and he reimbursed $52 used to purchase alcoholic beverages using the office's credit card, the audit said.

Frank Arey, legal counsel for Arkansas Legislative Audit, told lawmakers, "There is no legitimate question that audit's travel finding is a valid exercise of legislative oversight, both as a matter of law and a matter of precedent."

Arkansas Legislative Audit has reported findings for other constitutional officers such as the lieutenant governor, treasurer, land commissioner and state auditor during the past 10 years, he said.

Chief Deputy Secretary of State Kelly Boyd said, "Our only disagreement [with legislative auditors] was whether or not Secretary Martin should have taken the trip. We feel that is a decision best made by Secretary Martin and we stand by the comments we made."

Then, Sen. Trent Garner, R-El Dorado, asked whether it is Martin's position "that he can take any trip anywhere at any time and there is no legislative oversight or anything we can do as far as the constitutional powers and our authority as a legislative body?"

In response, Boyd said, "We do not hold that position, sir."

He said Martin's trip was authorized under his powers as secretary of state.

Sen. Jimmy Hickey, R-Texarkana, noted that the trip to Ghana was aimed at expanding export opportunities. He asked Boyd if anything had come out of the trip in that regard.

In response, Boyd said, "I could not name a thing sir. I am not saying it has or hasn't. I couldn't name one thing."

Martin hasn't taken any agriculture-related trips overseas paid by the state since the Ghana trip, Martin spokesman Chris Powell said after the legislative meeting.

On Thursday, Martin was serving as an instructor at the Boy Scouts' Camp Orr in the Buffalo National River Wilderness Area near Harrison, Powell said.

Metro on 06/09/2017

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