Chapter 5505-9 Retirement Board

5505-9-01 Election of board members.

(A) The state highway patrol retirement system (HPRS) board shall conduct elections in accordance with Chapter 5505. of the Revised Code and this rule.

(B) For the purpose of this rule:

(1) "Contributing member" shall be a member described in division (J) of section 5505.01 of the Revised Code that is making contributions pursuant to section 5505.15 of the Revised Code. Eligibility of a "contributing member" shall be determined on the first Monday in April of the year of the election.

(2) "Retirant member" shall have the meaning described in division (K) of section 5505.01 of the Revised Code. For the purpose of this rule, "Retirant member" shall also include DROP participants. Eligibility of a "retirant member" shall be determined on the first Monday in April of the year of the election.

(C) Notification of elections

(1) For any election of an employee member, a notice of election shall be distributed by appropriate means to each facility where a contributing member is assigned not later than May first of the election year. For any election of a retiree member, a notice of election shall be sent to each eligible retirant member through appropriate means not later than May first of the election year.

(2) The notice of election shall include a statement of the requirements for candidacy forms, the date after which candidacy forms shall be available, the final date for receipt of completed candidacy forms, the final date for receipt of completed election ballots, and the date and place for the election count to be conducted under the supervision of judges as designated in paragraph (E) of this rule. The notice of election, candidacy form, and voting instructions shall be approved by the board at its regular February meeting.

(D) Candidacy forms

(1) Candidacy forms may be obtained at the HPRS offices during normal business hours after May first of the election year. Candidacy forms will also be available at www.ohprs.org. Candidacy forms will be mailed by HPRS only upon request.

(2) Candidacy forms must be filed with the HPRS office not later than four thirty p.m. on the date set by the board pursuant to paragraph (C) of this rule. Persons filing a candidacy form may also submit either a resume or a candidacy statement. A resume or candidacy statement may not exceed one single-sided page and must be submitted with the candidacy form.

(E) Ballots and voting

(1) HPRS may conduct an election by paper ballots or through electronic methods.

(2) The ballot position of each candidate's name shall be rotated.

(3)

(a) Voting materials for each retirant member of the retirement system shall include a ballot, copies of the applicable candidacy form, the resume or candidacy statement, voting instructions, and any other materials the retirement board deems necessary. Voting material shall be distributed to each retirant member by June twentieth of the election year. If the voting instructions are not explicitly followed, the ballot will be voided.

(b) HPRS shall send each contributing member a ballot, voting instructions, and any other material the retirement board deems necessary by June twentieth of the election year. Candidacy forms, resumes, and candidacy statements shall be distributed by appropriate means to each facility where a contributing member is assigned not later than June twentieth of the election year. If the voting instructions are not explicitly followed, the ballot will be voided.

(4)

(a) Completed ballots must be received at the HPRS office, in a manner described in the voting instructions, not later than four-thirty p.m. on the date set by the board pursuant to paragraph (C) of this rule.

(b) As ballot return envelopes are received at HPRS, each shall be date and time-stamped and recorded on the master list of contributing member and retirant member account numbers.

(5)

(a) No sooner than the fourth business day following July twentieth, ballots shall be counted by a committee that includes at least one trustee appointed by the chair. The counting shall be monitored by a representative of the secretary of state.

(b) The candidate may attend the counting of ballots. If the candidate is unable to attend, the candidate may designate, in writing, a member to be present during the counting of ballots. Designations must be made by July twentieth of the election year. No other person, except HPRS employees and individuals described in this rule, may attend the counting of ballots.

(c) Within twenty-four hours of the completion of the count, the elections results shall be forwarded to each facility to which a contributing member is assigned. The election results shall be published on the retirement board's website within thirty days.

(6) There shall be no provision for a recount; however, ballots shall be held for public inspection for thirty days. Ballots may be destroyed by the executive director after the public inspection period.

(7) The official certification of the ballot totals may be destroyed after four years.

(8) In the event of a tie, the winner shall be determined by a coin toss conducted by the representative of the secretary of state with "heads" being assigned to the candidate whose last name is first alphabetically and "tails" assigned to the other candidate. If three or more candidates are tied, the representative of the secretary of state shall draw names to select the winner amongst the tied candidates. A name shall be drawn for each vacancy. The manner in which the names are drawn shall be determined by the representative of the secretary of state with the concurrence of the trustee member of the committee selected in accordance with paragraph (E)(5)(a) of this rule.

(9) In the event of more than one vacancy for the same term, a single election shall be held and the candidates with the most votes shall be elected.

(F) If the number of candidates is less than or equal to the number of available board seats, each candidate shall be certified as a trustee without the need for an election.

(G) The board may invalidate an election if, in its discretion, improprieties have had a substantial impact on the fairness of the election.

(H) Pursuant to section 5505.042 of the Revised Code, a special election shall be held in the event of a vacancy or if the board invalidates an election pursuant to paragraph (G) of this rule. The process for a special election shall be the same as for a regular election except all the dates outlined in this rule shall be set as appropriate. No election shall occur if the remainder of the unexpired term is less than ninety days.

(I) All information, ballots, instructions, correspondence or other material described in this rule shall be sent to the address on file with HPRS. It is the sole responsibility of the contributing member or retirant member to ensure HPRS has his or her most current address.

Replaces: 5505-9-01, 5505-9-03

Effective: 05/16/2014
R.C. 119.032 review dates: 05/16/2019
Promulgated Under: 119.03
Statutory Authority: 5505.07 , 5505.047
Rule Amplifies: 5505.04 , 5505.041 , 5505.042 , 5505.043
Prior Effective Dates: 1/1/1986, 1/1/1987, 1/1/1989, 5/1/1990, 2/1/1994, 8/1/94, 12/9/2005, 12/11/2009

5505-9-02 Travel expense and reimbursement.

(A) Retirement trustees who incur expenses as the result of any necessary travel and attendance for any approved training or meeting shall be reimbursed for any actual and necessary expenses.

(1) Expenses as a result of out of state travel are not eligible for reimbursement unless the travel received prior approval by a majority of trustees at a board meeting.

(2) If attendance for any out of state training or meeting is deemed to be an emergency, the chair of the board may authorize reimbursement of any expenses incurred. Emergency attendance is considered to be any necessary out of state travel which was not known or identified prior to the most recent board meeting.

(3) The chair of the board of trustees shall approve travel expenses incurred as the result of attendance at any approved training or meeting within the state of Ohio.

(4) Reimbursement of expenses incurred attending scheduled meetings within the state of Ohio are authorized following review by the executive director, provided the meeting(s) were scheduled and received prior approval by the chair.

(B) Administrative staff personnel who incur expenses as the result of any necessary travel and attendance for any approved training or meeting shall be reimbursed for any actual and necessary expenses.

(1) Expenses as a result of out of state travel are not eligible for reimbursement unless the travel received prior approval by the executive director.

(2) The executive director shall approve travel expenses incurred as the result of attendance at any approved training or meeting within the state of Ohio.

(C) Trustees and administrative staff personnel shall not accept payment or reimbursement of travel expenses, including lodging, food and beverages, from any source other than the system's expense fund.

(D) All claims for reimbursement of expenses shall be submitted in a timely manner and on a prescribed form, and shall be actual, necessary and within the bounds of prudent judgment.

(E) Reimbursable expenses include the following:

(1) Lodging at the single occupancy rate.

(2) Meals within the bounds of prudent judgment.

(3) Tips as customary and reasonable.

(4) Telephone calls as necessary for regular employment and necessary calls to family when attendance requires an overnight stay.

(5) Transportation within the following parameters;

(a) Air fare at the lowest rate with regard to attendee schedule and employment responsibilities.

(b) Personal vehicle mileage at the established rate, provided the total reimbursement does not exceed the allowable air fare when air transportation is applicable.

(c) Car rental is considered to be a reimbursable expense when necessary and reasonable for business use. Any personal use shall be pro-rated accordingly.

(d) Parking fees necessary for a rental or personal vehicle.

(e) Necessary public transportation.

(F) Receipts are required for all expenses except tips, parking, and local transportation.

Effective: 02/01/2013
R.C. 119.032 review dates: 11/16/2012 and 02/01/2018
Promulgated Under: 111.15
Statutory Authority: 5505.07
Rule Amplifies: 5505.05 , 5505.07
Prior Effective Dates: 10/21/2005, 12/1/1995, 1/1/1986

5505-9-03 [Rescinded]Elected retirant trustees.

Effective: 05/16/2014
R.C. 119.032 review dates: 02/25/2014
Promulgated Under: 119.03
Statutory Authority: 5505.07 , 5505.047
Rule Amplifies: 5505.04 , 5505.041 , 5505.042 , 5505.043
Prior Effective Dates: 5/1/1990, 8/1/1994, 12/9/2005, 12/11/2009

5505-9-04 Retirement board meetings.

(A) Meeting dates for the purpose of transacting the regular business of the board of trustees shall be established annually.

(B) At the regular board meeting in or prior to December of each year, regular board meeting dates for the following year shall be scheduled and distributed to all state highway patrol facilities where members are assigned.

(1) The schedule of meetings shall be provided to any person upon written request.

(2) Any necessary change in meeting dates or times shall be communicated to all patrol facilities where members are assigned prior to the scheduled date.

(C) Notice of the next regular board meeting shall be identified in the minutes of the previous board meeting distributed to all patrol facilities where members are assigned.

(D) Prior to each regular meeting, special meeting, or committee meeting, an agenda will be prepared by the executive director for distribution to all patrol facilities. The agenda shall be provided to any person upon written request.

(E) Special or emergency board or committee meetings may be scheduled at the direction of the chair. Prior to the meeting, the date, time, location, and reason for the meeting shall be communicated to all patrol facilities where members are assigned.

(F) Each meeting of the board or a committee shall be considered a public meeting in accordance with section 121.22 of the Revised Code.

(G) Each board and committee meeting is open to the public and must limit the business conducted to the prepared agenda as approved by the chair and distributed to all interested parties.

(H) A member who wishes to address the board while in session must submit a request in writing to the executive director no less than ten days prior to the scheduled meeting. The request must include the topic to be addressed and comments will be limited to this topic.

(I) The board chair may address any previously received inquiries during any board meeting, respond by way of another form of communication, or direct a board member or member of the administrative staff to respond to any inquiry, question or comment received.

(J) The annual election of the chair and vice-chair shall occur at the first regular board meeting after July thirty-first.

(K) The minutes shall be the record of the proceedings of the board. Draft copies of the written minutes shall be circulated to the board for approval. After approval, the minutes shall be retained as a permanent record.

Effective: 09/28/2010
R.C. 119.032 review dates: 07/07/2010 and 09/28/2015
Promulgated Under: 111.15
Statutory Authority: 5505.04
Rule Amplifies: 5505.04
Prior Effective Dates: 8/1/1994, 11/1/1990, 10/21/2005

5505-9-05 Release of records.

(A) All information contained in the records of the retirement system shall be open to public inspection except the following:

(1) The personal history record as defined in division (D) of section 5505.04 of the Revised Code.

(2) The amount of any pension, benefit, or allowance paid to any benefit recipient.

(3) Medical reports or recommendations, except that this information shall be made available to the member or the member's designee, and to any other persons as necessary for the proper administration of the retirement system.

(4) Information of which the release is prohibited by the Ohio Revised Code, or if the board determines the information is confidential.

(B) Any member, former member, or benefit recipient may authorize, in writing, the release of personal history records or medical reports or recommendations.

(C) Requested documents may be subject to a fee of five cents a copy, plus any packaging and mailing costs.

(D) There shall be no charge to a member or benefit recipient for a copy of specific data produced by HPRS that is a part of the individual's personal history record.

(E) Nothing in paragraph (A) or (B) of this ruleis intended to prohibit the release of personal history records as provided in divisions (C) and (D) of section 5505.04 of the Revised Code.

(F) As used in division (E) of section 5505.04 of the Revised Code, the retirement system logo on official letterhead will function as the system's official seal.

(G) Records of the retirement system may be maintained in digital form. Physical records are subject to immediate destruction; however, records that are deemed to be critical by the retirement board, including member and retirant files, will be retained in printed form for a minimum of six months after imaging.

R.C. 119.032 review dates: 11/16/2012 and 11/16/2017
Promulgated Under: 111.15
Statutory Authority: 5505.07
Rule Amplifies: 5505.04
Prior Effective Dates: 12/11/2009, 10/21/2005, 5/1/1997, 8/1/1991, 11/1/1990

5505-9-06 Ohio-qualified agents and investment managers.

(A) For purposes of division (A)(4) of sections 5505.068 and 5505.0610 of the Revised Code, an investment manager may be designated as an "Ohio-qualified investment manager" if the investment manager and/or any parents, affiliates, or subsidiaries of the investment manager meets the requirements of divisions (A)(1) and (2) of section 5505.0610 of the Revised Code.

(B) For purposes of sections 5505.068 and 5505.0610 of the Revised Code, "principal place of business" includes an office in which the agent or investment manager regularly provides securities or investment advisory services and solicits, meets with, or otherwise communicates with clients.

(C) For purposes of division (E)(4) of section 5505.068 of the Revised Code, "compensation" shall mean the commissions paid on equity securities transactions and the cost or proceeds on fixed income securities transactions.

R.C. 119.032 review dates: 11/16/2012 and 11/16/2017
Promulgated Under: 111.15
Statutory Authority: 5505.07
Rule Amplifies: 5505.068 , 5505.0610
Prior Effective Dates: 10/21/2005

5505-9-07 Audio visual recordings of meetings and hearings.

(A) No person shall broadcast, televise, record, or photograph any meeting of the board or a committee of the board, unless the person first receives written permission from the board's chair.

(B) If the chair of the board or committee determines that broadcasting, televising, recording, or photographing during the meeting would not distract board members or participants or otherwise materially interfere with the achievement of the meeting, the broadcasting, television, recording, or photographing during the meetings that are open to the public may be permitted under the following conditions:

(1) A request for permission for the broadcasting, televising, recording, or photographing in the meeting room shall be made in writing to the chair of the board or committee. The request shall be made part of the record of the meeting; and

(2) The chair of the board or committee grants written permission prior to commencement of the meeting. The written permission shall be made part of the record of the meeting.

(a) If permission is granted, the place or places in the meeting room where operators and equipment are to be positioned shall be specified by the chair of the board or committee.

(b) The filming, videotaping, recording, or photographing of any person who objects, shall not be permitted.

(C) No executive session shall be broadcast, televised, recorded, or photographed.

Effective: 02/01/2013
R.C. 119.032 review dates: 11/16/2012 and 02/01/2018
Promulgated Under: 111.15
Statutory Authority: 5505.07
Rule Amplifies: 5505.04
Prior Effective Dates: 10/21/2005

5505-9-08 Committees of the retirement board.

(A) The following are standing committees of the retirement board:

(1) Health, wellness, and disability;

(2) Administration;

(3) Investment;

(4) Audit ;

(5) Health care funding.

(B) At the discretion of the chair:

(1) Work may be assigned to a committee;

(2) Special committees may be formed;

(3) Committee members may be assigned and reassigned.

(C) The annual election of each committee chair and vice-chair shall occur at the first regular committee meeting after July thirty-first. In the event that a committee officer does not serve the entire term, the board chair will select a replacement.

(D) The minutes shall be the record of the proceedings of a committee. Draft copies of the written minutes shall be circulated to the committee for approval. After approval, the minutes shall be retained as a permanent record.

Effective: 02/01/2013
R.C. 119.032 review dates: 11/16/2012 and 02/01/2018
Promulgated Under: 111.15
Statutory Authority: 5505.04
Rule Amplifies: 5505.04
Prior Effective Dates: 9/28/2010