Actions of lawmakers reflect badly on state
By Roy Ockert Jr.
Oct. 27, 2015
Arkansas legislators are having trouble doing the right thing, and they’re paying for it in bad publicity, if not legal trouble. Three of them made headlines last week, one with a national broadcast that put the state in a bad light.
The latter was an ABC “20/20” special, broadcast Friday night and telling the sorry story of the adoption and “re-homing” of two girls by state Rep. Justin Harris, R-West Fork, and his wife. After the Harrises decided they had made a mistake, they “gave” the girls to an employee of their day-care center, who sexually abused the older child, age 5.
That’s old news in Arkansas, of course. The abuser was subsequently convicted of sexual assault and sentenced to 40 years in prison. The case was so repugnant that the Legislature passed a new law making the unauthorized transfer of children to anyone other than close family members a felony that could lead to a 5-year prison term and-or a fine of up to $5,000.
You might ask why this wasn’t already against the law. Even now few states consider this a felony. Rep. Harris, free and clear because re-homing wasn’t illegal when he did it, voted for the legislation.
It’s also sad that Harris continues to serve in the Legislature. He has announced that he won’t seek re-election, but meanwhile his salary was bumped from $15,869 a year to $39,000. He also gets thousands of dollars more in per diem expenses while sitting on committees, and his day-care business, Growing God’s Kingdom, continues to rake in taxpayer dollars to “care” for preschool children.
Unfortunately, ABC didn’t get into any of that, but his colleagues should.
Revelations about the former president of the Arkansas Senate also made the front pages. The Associated Press reported that Michael Lamoureux, now chief of staff for Gov. Asa Hutchinson, had received $120,000 in consulting fees in 2013 from a political nonprofit organization mostly funded by lobbying firms and their clients.
Tax documents showed that the conservative Arkansas Faith and Freedom Coalition, allegedly a voter education group, took in total contributions of $141,000 in 2013 and funneled almost all of it to the law firm of Lamoureux, R-Russellville. He was the firm’s only attorney.
Incredibly, that may not have been illegal.
Keep in mind that at the time state law required disclosure of any gift or expense of more than $50 from a lobbyist to a legislator. Senate rules in 2013 prohibited any senator from discussing or voting on an issue related to a business that provided compensation to the senator. However, if the lobbyists want to form an organization to support a key legislator, that’s apparently OK.
Lamoureux defended his receipt of the money and said it didn’t affect his lawmaking. Asked what duties he performed for the organization, he listed, “Recruit state legislative candidates, help organize volunteers or paid workers to distribute information on issues, educate potential candidates on issues, develop strategy on advocating for these issues.”
Later, a spokesman for the governor added that Lamoureux also handled legal issues.
However, the AP found that the coalition spent no other money on research, advertising or candidate promotion in 2013, and another lawmaker associated with the group said Lamoureux wasn’t expected to recruit candidates. The group’s other expenses included small amounts for rent, payroll taxes and a convention fee.
Lamoureux also was paid by the coalition in 2014, but the amount is not clear. Its tax return indicates it paid about $58,000 to a consultant, but the IRS does not require the consultant to be named if the amount is less than $100,000. He resigned from the Senate in late 2014 to head the new governor’s staff, and the coalition shut down its operations about the same time.
A Statement of Financial Interest, required annually by public officials and candidates for public office, requires only revealing income sources and checking whether it was above $1,000 or above $12,500. Lamoureux listed his law firm as having paid him more than $12,500.
The Arkansas Democrat-Gazette reported that the Arkansas Faith and Freedom Coalition was established in 2010 by former state Sen. Gilbert Baker, R-Conway, who served three years as executive director. In 2012 the coalition received contributions of $229,000 and paid Baker about $60,000.
The governor is standing behind Lamoureux, a spokesman said, but he surely can’t be too happy about the perception.
Finally came the news that two state agencies have filed tax liens for more than $3,800 against a company owned by state Sen. Jake Files, R-Fort Smith, who happens to be chairman of the Senate Revenue and Taxation Committee.
Files told a Democrat-Gazette reporter that the liens were a surprise to him.
Earlier in the week a separate story disclosed that a company owned by lobbyist Bruce Hawkins had loaned $30,000 to Files on April 20. Files has repaid the loan.
Other legislators didn’t seem to know whether this was legal or not, and the governor’s spokesman said Hutchinson believes it to be a “bad practice.”
“Bad practices” seem to be contagious among our lawmakers.
Roy Ockert is editor emeritus of The Jonesboro Sun. He may be reached by e-mail at royo@suddenlink.net.