LAW
Writer®
Ohio Laws and Rules
(A) Five trustees, known as employee-members, shall be elected by ballot by contributing members of the retirement system.
(B) Each employee member of the board shall be elected for a four-year term, with each term expiring July thirty-first of each successive year.
(C) Notification of the impending expiration of the term of each trustee eligible for election shall be directed to all facilities where members are assigned no later than May first of each year. Such notice shall include the necessity of having correct member mailing addresses on file. The correct address is considered to be that which appears on each member’s state payroll voucher stub. In the event an address change is necessary, the retirement system office must receive written notification of any corrected address no later than June first of the election year.
(D) Such notification shall include the requirement that all candidates formally notify the executive director by submitting a candidacy form or letter of intent no later than June first of the election year.
(E) Such candidacy form and/or letter of intent shall be reproduced and distributed to all facilities where members are assigned.
(F) No later than June twentieth of the election year, the executive director will prepare ballots listing all eligible candidates, and forward a ballot with return mailing instructions to the home address on file for each member.
(1) Each return mailing envelope shall be identified with the member’s individual retirement system account number assigned.
(2) The position of the names of the candidates as they appear on the ballot shall be rotated.
(3) Any member who has not received a ballot by June thirtieth of the election year may contact the executive director for issuance of another ballot and return mailing envelope no later than July tenth. Any undelivered ballots returned by the postal service shall be remailed if a corrected address is received at the retirement system office.
(4) Write-in candidates will not be accepted.
(5) Each voting member shall return a ballot via U.S, mail in the stamped pre-addressed return envelope provided which must be post-marked no later than July twentieth of the election year.
(6) If more than one ballot is enclosed in each ballot envelope, all such ballots shall be considered invalid.
(7) If any ballot return mailing envelopes are returned that have the same member account number, all such ballots shall be considered invalid.
(8) Any ballots received after the election results have been certified shall be considered invalid.
(9) Ballots received which do not have the enclosed return address label affixed to the return mailing envelope shall be considered invalid.
(G) Upon receipt of ballot mailing envelopes at the office of the retirement system, each shall be date and time-stamped and individually recorded on the master list of those members who were mailed ballots. Such member list shall include the individual member account numbers, and must match the account number on the preaddressed return mailing envelope.
(H) Ballots will be counted by a committee that includes at least one trustee appointed by the chair, and the results forwarded within twenty-four hours to all facilities where members are assigned.
(1) There shall be no provision for a recount; however, ballots will be held for public inspection for thirty days. Ballots may be destroyed by the executive director after the public inspection period ends.
(2) The official certification of the ballot totals may be destroyed after four years.
(3) The executive director shall request the presence of a representative from the office of secretary of state for the purpose of monitoring the counting process and to rule on the validity of any questionable ballots.
(4) Candidates may designate one member to be present during the counting of ballots. Candidates must make such designee known to the executive director no later than July twentieth of the election year.
(5) In the event of a tie, the winner shall be detemined by a coin toss.
(I) Employment termination, death, or the resignation as trustee, or official retirement board action invalidating any election process shall be cause for a special election.
(1) The election process shall be the same, and held within the same time periods as the regular election.
(2) No election will take place if the remainder of the unexpired term is six months or less.
(3) Ballots shall be counted and a certificate of such count, signed by committee members, shall be forwarded to all facilities where members are assigned as soon as practical to do so.
(4) Ballots found not to be in compliance with all provisions of this rule shall be considered invalid.
(J) 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.
(K) In the event that two board seats come up for election at the same time and for the same term, a single election shall be held to elect both trustees. Each member may vote for up to two candidates and the two candidates with the most votes shall be elected.
(L) In its discretion, the board may invalidate an election and hold a new election if the board determines that actions or improprieties have taken place that will or have had a substantial impact on the fairness of the election.
Effective: 12/09/2005
R.C. 119.032 review dates: 09/19/2005 and 11/28/2010
Promulgated Under: 119.03
Statutory Authority: 5505.07, 5505.047
Rule Amplifies: 5505.04, 5505.041, 5505.042, 5505.043
Prior Effective Dates: 2/1/1994, 5/1/1990, 1/1/1989, 1/1/1987, 1/1/1986
(A) Retirement trustees and 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 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.
(B) 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.
(C) 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.
(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 judgement.
(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: 10/21/2005
R.C. 119.032 review dates: 08/05/2005 and 10/01/2010
Promulgated Under: 111.15
Statutory Authority: 5505.07
Rule Amplifies: 5505.05, 5505.07
Prior Effective Dates: 12/1/1995, 1/1/1986
(A) Two elected trustees, known as retirant-members, shall be elected by ballot by retirants of the highway patrol retirement system.
(B) The term of office shall be four years, and the first term shall commence August 1 of the election year.
(C) Written notification of an impending election shall be forwarded to all retirants at the last known home address no later than May first of the election year.
(D) The notification shall include the requirement that retirants interested in becoming a candidate must contact the retirement system to obtain a candidacy form and return it no later than June first of the election year.
(E) Eligibility to become a candidate shall be limited to those retirants who —
(1) Are considered to be legal residents of Ohio,
(2) Are currently in a retired status, and;
(3) Have not served as a statutory or employee trustee for a period of at least three years prior to the term of office.
(F) Ballots will be prepared, along with a candidacy form from each candidate, and forwarded to each retirant’s last known address no later than June twentieth of the election year.
(1) The position of the names of the candidates as they appear on the ballot shall be rotated.
(2) Any retirant who has not received a ballot by June thirtieth of the election year may contact the executive director for issuance of another ballot and return mailing envelope no later than July tenth. Any undelivered ballots returned by the postal service shall be remailed if a corrected address is received at the retirement system office.
(3) Write-in candidates will not be accepted.
(4) Each voting retirant shall return a ballot via U.S. mail in the stamped pre-addressed return envelope provided, which must be post-marked no later than July twentieth of the election year.
(5) If more than one ballot is enclosed in each ballot envelope, all such ballots shall be considered invalid.
(6) If any ballot return mailing envelopes are returned that have the same retirant account number, all such ballots shall be considered invalid.
(7) Any ballots received after the election results have been certified shall be considered invalid.
(8) Ballots received which do not have the enclosed return address label affixed to the return mailing envelope shall be considered invalid.
(G) Upon receipt of ballot mailing envelopes at the office of the retirement system, each shall be date and time-stamped and individually recorded on the master list of those retirants who were mailed ballots. This retirant list shall include the individual retirant account numbers, and must match the account number on the preaddressed return mailing envelope.
(H) Ballots will be counted by a committee that includes at least one trustee appointed by the chair. The results will be made known immediately to interested persons, and will be included in the next mailing to retirees.
(1) There shall be no provision for a recount; however, ballots will be held for public inspection for thirty days. Ballots may be destroyed by the executive director after the public inspection period ends.
(2) The official certification of the ballot totals may be destroyed after four years.
(3) The executive director shall request the presence of a representative from the office of secretary of state for the purpose of monitoring the counting process and to rule on the validity of any questionable ballots.
(4) Candidates may designate one retirant to be present during the counting of ballots. Candidates must make such designee known to the executive director no later than July twentieth of the election year.
(5) In the event of a tie, the winner shall be determined by a coin toss.
(I) Retirant trustee resignation, reemployment with the highway patrol, revocation of retirement status, death, or the relocation of a permanent residence outside Ohio shall be cause for a special election.
(1) The election process shall be the same, and held within the same time periods as the regular election.
(2) No election will take place if the remainder of the unexpired term is six months or less.
(3) Ballots shall be counted and a certificate of such count signed by all committee members shall be mailed to each retirant at the next regular mailing.
(4) Ballots found not to be in compliance with all provisions of this rule shall be considered invalid.
(J) 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.
(K) In its discretion, the board may invalidate an election and hold a new election if the board determines that actions or improprieties have taken place that will or have had a substantial impact on the fairness of the election.
Effective: 12/09/2005
R.C. 119.032 review dates: 09/19/2005 and 11/28/2010
Promulgated Under: 119.03
Statutory Authority: 5505.07, 5505-047
Rule Amplifies: 5505.04, 5505.041, 5505.042, 5505.043
Prior Effective Dates: 8/1/1994, 5/1/1990
(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 board 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.
Effective: 10/21/2005
R.C. 119.032 review dates: 08/05/2005 and 10/01/2010
Promulgated Under: 111.15
Statutory Authority: 5505.07
Rule Amplifies: 5505.04
Prior Effective Dates: 8/1/1994, 11/1/1990
(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 wirting, the release of personal history records or medical reports or recommendations.
(C) Requested documents will be supplied at the rate 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) is 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.
Replaces: to replace recinded 5505-9-05
Effective: 10/21/2005
R.C. 119.032 review dates: 10/01/2010
Promulgated Under: 111.15
Statutory Authority: 5505.07
Rule Amplifies: 5505.04
Prior Effective Dates: 5/1/1997, 8/1/1991, 11/1/1990
(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.
Effective: 10/21/2005
R.C. 119.032 review dates: 10/01/2010
Promulgated Under: 111.15
Statutory Authority: 5505.07
Rule Amplifies: 5505.068, 5505.0610
(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.
(D) No hearing shall be broadcast, televised, recorded, or photographed, unless all of the following apply:
(1) A party to the hearing submits a written request to the chair of the board or committee prior to the commencement of the hearing. 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 hearing. The written permission shall be made part of the record of the hearing.
(a) If permission is granted, the place or places in the hearing 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.
(3) No person, except a person who is a party to a hearing, shall be granted permission to broadcast, televise, record, or photograph a hearing without the written consent of the party and the chair of the board or committee.
Effective: 10/21/2005
R.C. 119.032 review dates: 10/01/2010
Promulgated Under: 111.15
Statutory Authority: 5505.07
Rule Amplifies: 5505.04