The state Senate Ethics Committee will continue deliberations about two ethics complaints filed against state senators Monday morning, after the committee convened in a private executive session for more than seven hours Thursday.
After the committee's executive session ended late Thursday afternoon, committee Chairman Kim Hammer, R-Benton, announced that the committee "will pick up deliberations" at 9:30 a.m Monday at the state Capitol.
"We have not reached any conclusion," he said afterward.
The committee convened Wednesday in an executive session for more than five hours in a hearing on the first ethics complaint. Hammer permitted Senate President Pro Tempore Jimmy Hickey, R-Texarkana, and Sen. Alan Clark, R-Lonsdale, to remain in the committee's meeting room Wednesday, after Hammer asked the public to leave the meeting room for the committee's private executive session.
On Thursday morning, Hammer permitted Sen. Mark Johnson, R-Ferndale, and Hickey to remain in the committee's meeting room, after asking the public to leave the meeting room for the committee's private executive session.
Hickey said Wednesday that an ethics complaint hasn't been filed against him, but he declined to comment when asked whether he filed ethics complaints against both Clark and Johnson.
Clark and Johnson declined to comment Wednesday regarding speculation in state Capitol circles that ethics complaints have been filed against them that relate to accusations of one senator signing in another senator to be paid per diem for attending at least one legislative committee meeting that the senator didn't attend.
State lawmakers who live more than 50 miles from the state Capitol are reimbursed at the per diem rate of $155 for attending legislative meetings in Little Rock, said Bureau of Legislative Research Director Marty Garrity.
Lawmakers who live within 50 miles of the state Capitol are paid a lower per diem rate of $59, said Senate Director/Secretary Ann Cornwell.
They are reimbursed at a rate of 58.5 cents a mile for their mileage.
In addition, state representatives and senators are paid $44,356 a year salary by the state except for the House speaker and Senate president pro tempore, whose salary is $50,661 a year.
Senators' reluctance to talk about these two ethics complaints during the past week comes after the Senate in January 2021 changed its ethics rules to state that "A Senator shall not make an allegation of a violation verbally in a meeting of the Senate or by any other means outside the [ethics complaint] petition and committee process of these rules."
A senator who improperly brings an allegation of a violation may be subject to any of the penalties set forth in the Senate's ethic rules under rule change adopted in January 2021. These penalties range from a letter of caution to expulsion.
The Senate's action in January 2021 came more than two months after Sen. Trent Garner, R-El Dorado, announced to senators that he was filing an ethics complaint against Sen. Jim Hendren, who is now an independent from Sulphur Springs. Garner's announcement at that time surprised senators, including members of the Senate Ethics Committee.
In November 2020, the state Senate initially dismissed Garner's ethics complaint against Hendren as frivolous. The Senate Ethics Committee later held a closed hearing on Garner's complaint and recommended the Senate dismiss the complaint, before Garner withdrew the complaint.
During Thursday's ethics committee meeting, committee members Sens. Stephanie Flowers, D-Pine Bluff; Mat Pitsch, R-Fort Smith; Dan Sullivan , R-Jonesboro; Clarke Tucker, D-Little Rock; David Wallace, R-Leachville; and Hammer were in the committee's meeting room, while Sen. Missy Irvin, R-Mountain View, participated by Zoom.
Committee member Sen. Joyce Elliott, D-Little Rock, wasn't at Wednesday or Thursday's committee meetings.
Hammer said Wednesday that Elliott was out of town and she didn't ask for permission to participate by Zoom, and Irvin won't be paid per diem for participating by Zoom.
At the outset of the committee meeting Thursday, he said the committee would hold a hearing on the second ethics complaint petition Thursday.
Under the Senate's ethics rules, "we have authority to hold the hearing in executive session and it is my intention to do so," Hammer said.
Under the Senate's ethics rules, "Unless the Senate Ethics Committee is in executive session, the public shall be allowed to observe the entire proceeding."
Hammer said the claimant, who filed the ethics complaint, is required in the hearing to state the basis of his allegations against the respondent, and the respondent will have the opportunity to respond to the allegations.
Both parties are permitted to bring witnesses to the hearing, and are allowed to make closing statements before the committee begins its deliberations about making recommendations to the full Senate, he said.
"It will be determined by the committee as to whether a vote will be taken at the conclusion of the hearing today or if the committee would like to meet again to continue deliberation and voting regarding both hearings," Hammer said.
Several hours later, the committee chose the latter option.
Under the Senate's ethics rules, the committee is required to provide a written copy of its findings and recommendations to the Senate president pro tempore within 20 calendar days of the conclusion of its hearing.
Within 10 business days of receipt of the committee's findings and recommendations, the Senate president pro tempore is required to call a business meeting of the Senate to consider the recommendations of the committee under the Senate's ethics rules. Eighteen or more votes in the 35-member Senate are required to find a senator in violation of the Senate's code of ethics.
The potential penalties under the Senate's ethics rules include a letter of caution, the loss of a committee assignment or assignments, the loss of a leadership assignment or assignments, loss of seniority, temporary suspension, expulsion and other measures to be determined
In June 2018, the state Senate approved an overhaul of its rules to create a committee on ethics, prohibit senators from certain activities involving conflicts of interest and require more disclosure of other conflicts.
The Senate's action came after federal investigations in the prior few years led to convictions of five former lawmakers.