Arkansas News Bureau
LITTLE ROCK — A state legislator wants an attorney general’s opinion on whether the state employees retirement system can release the names of elected officials improperly collecting retirement benefits and a paycheck.
State Rep. Allen Kerr, R-Little Rock, who has been pressing to expose double dipping by officeholders, said today he will seek Attorney General Dustin McDaniel’s opinion because the retirement system is exempt from the state Freedom of Information Act and he’s concerned the list may never be released to the public.
Gail Stone, executive director of the Arkansas Public Employees Retirement System, says she welcomes the opinion request.
“The way our open record law exclusion is worded it’s not clear whether I am able to release anything pertaining to a member’s (pension) record,” Stone said. “Unless I’m told I must, I have to err on the confidentiality of the record.”
Stone also says an attorney general’s opinion would be helpful because pension information has been given to the Bureau of Legislative Audit, which is conducting an investigation of its own. She said the agency is obligated to abide by the state public records act and cannot release the names.
“If the information is confidential, they must keep in confidential,” she says.
In July, Kerr asked the bureau to gather the names of every elected official in the state who draws retirement benefits and a paycheck for the same job.
Auditors are researching records going back 10 years.
Kerr asked for the information after receiving an attorney general’s opinion that said the practice is illegal.
Stone said APERS is also investigating. She said the system has sent letters to all retired elected officials asking if they have returned to elective office, including letters to more than 200 retired city and county elected officials.
“I’m certain that a vast majority of these, save a small percentage, properly retired,” Stone said. “They’ve gone away, are doing what ever they do, sitting on their rocking chairs or whatever.”
