Arkansas State Police commanders are reviewing the long-standing practice of providing security to the Razorbacks football team after questions were raised about gifts received by the captain who coordinated security for fired Coach Bobby Petrino.
Capt. Lance King didn’t violate state police policy, but plans to inquire with state agencies about whether he erred in accepting $3,111.50 worth of items from the University of Arkansas at Fayetteville football program over the past year, said Bill Sadler, state police spokesman.
State officials said gifts,unlike gratuities, are tax exempt. But public servants are generally prohibited from receiving gifts. The Arkansas Ethics Commission defines public servants as “all public officials, public employees and public appointees.”
On Friday, Sadler reported the findings of an audit of items received by King and two other state troopers who provided on-field security for the Razorbacks and Petrino. The audit grew out of a review of King’s actions after the April 1 motorcycle crash that led to Petrino’s firing.
UA Athletic Director Jeff Long fired Petrino on April 10, saying the coach had created a conflict of interest when he hired Jessica Dorrell as a football program coordinator in March, without disclosing their extramarital affair. The relationship came to light after a state police accident report identified Dorrell as Petrino’s passenger during the crash.
King drove the injured Petrino to Physicians Specialty Hospital in Fayetteville after Petrino was dropped off by motorists who drove him from the crash site. King was required to provide a detailed account of his dealings with Petrino after the accident, though state police maintain that King was not subject to an internal investigation and did not violate agency policy or state law.
Sadler said state police commanders reviewed the items given to King and concluded that he hadn’t violated state law or department policy by accepting them. Sadler said neither agency Director Col. J.R. Howard nor any of King’s supervisors believe the captain’s decision-making ability was affected by accepting the gifts.
“There’s no evidence, no hint of anything that [King] may have done that compromised his integrity,” Sadler said.
However, Sadler said other state agencies may have different policies that apply to King, who has begun seeking advice about the matter.
All three troopers received Razorback apparel that the university requested they wear while providing security on days other than game days. The apparel included a warm-up suit, T-shirt, ball cap, polo shirt and athletic s, which the university assigned a combined value of $139 for each trooper.
King also received gifts from the university as a sign of gratitude for his work in coordinating the security, Sadler said. The gifts included four tickets to each Fayetteville and Little Rock football game and four tickets to the Sugar Bowl and Cotton Bowl.
The tickets had a combined face value of $2,575, according to documents Sadler provided. King also received a Sugar Bowl ring, watch and paperweight and a Cotton Bowl warm-up suit, which the university assigned a total value of $397.
Arkansas Code 21-8-801 prohibits public servants from receiving gifts or other income for performing their duties, said Graham Sloan, executive director for the Arkansas Ethics Commission.
Sloan said he could not offer an opinion on the facts of King’s case. However, Sloan said if a state legislator called seeking advice on accepting a gift of $200 worth of tickets, he would advise them not to take the tickets.
“Our advice is conservative,” Sloan said. “If there is a line, it’s to keep them well back from the line, but I’m just not the one to determine if there has been a violation or not.”
Sloan said there are several exemptions under the law, including gifts with value of less than $100.
Food, lodging and travel expenses incurred while performing a duty, such as security, would be exempt as a gift, Sloan said. There is no exemption for clothing, he said.
Regarding tax issues, it’s not clear whether the apparel should have been reported as income, said Warren Fagan, manager of individual income tax for the Arkansas Department of Finance and Administration.
Fagan said employees generally don’t have to pay for uniforms, but the tax code states that the clothing shouldn’t be “worn or adaptable to general usage of ordinary clothing.” The Razorback apparel, even though technically a uniform, could be worn outside the job so it may not be exempt, he said.
“If the UA athletic department says it’s a gift to the state trooper, I’ve got to believe them,” Fagan said. “It would be a gift for us, so no tax.”
The items’ taxable status does not address whether they should have been accepted at all, Fagan said. Each state agency has its own policy. For example, employees in his Finance Department are prohibited from receiving gifts, he said.
The Arkansas State Police has provided security for the Razorbacks pursuant to Arkansas Code 12-8-109, titled “Police protection for statewide functions,” Sadler said. However, it’s not clear when the university first requested such an arrangement, he said.
A trooper has been traveling with the team for at least 10 years, and state police have provided game-day security since the 1960s, he said.
Kevin Trainor, associate athletic director for public relations, was unsure of the origin of the arrangement. Trainor declined to address other emailed questions regarding the gifts.
Sadler said the state police’s role in providing security is much larger than the troopers on the field and is not a “bodyguard assignment.
“This is a security assignment that encompasses more than the guy that is in proximity to the coach,” Sadler said.
Howard, the state police director, and his staff will be reviewing the arrangement with the university over the coming months and decide whether any changes need to be made before this fall’s football season, Sadler said.
“If we’re going to continue to do this, it may be time for a policy to be drafted and that’s something Col. Howard and his command staff will have to wrangle with in the coming months,” Sadler said.
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Northwest Arkansas, Pages 7 on 04/21/2012