5505-9-01 Elected employee trustees.

(A) Five trustees, known as employee-members, shall be elected by ballot by contributing members of the retirement system.

(B) The term of office shall be four years, commencing August first of the election year.

(C) By May first of the election year, the following information shall be distributed to each facility where a member is assigned: (1) Notice of an impending election.

(2) Notice that candidacy forms must be received by the retirement system by June first of the election year.

(3) Notice that ballots will be sent by U.S. first class mail to the home address of each member as provided by the employer. A member may provide the retirement system with a corrected address in writing no later than June first of the election year.

(D) By June twentieth of the election year, each candidacy form shall be distributed to each facility to which a member is assigned and ballots listing all eligible candidates shall be distributed to each member.

(1) Each member shall be provided a return mailing envelope identified by the member's retirement system account number.

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

(3) Between June thirtieth and July tenth of the election year, any member who has not received a ballot may request one from the retirement system.

(E) Write-in candidates will not be accepted.

(F) To be valid, a ballot must: (1) Be postmarked by July twentieth of the election year and received before the ballot counting begins.

(2) Be returned in the provided envelope identified by the member's retirement system account number.

(3) Be the only ballot in the envelope.

(4) Select no more than the number of vacancies being elected.

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

(H) 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. Within twenty-four hours of the completion of the count, the elections results shall be forwarded to each facility to which a member is assigned.

(1) The executive director shall request the presence of a representative from the office of secretary of state to monitor ballot counting and to rule on the validity of any questionable ballots.

(2) By July twentieth of the election year, each candidate may designate, in writing, a member to be present during the counting of ballots.

(3) 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.

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

(5) In the event of a tie, the winner shall be determined by a coin toss.

(6) 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.

(I) 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.

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

(K) A special election shall be held in the event of either: (1) A trustee's death, resignation, removal, or employment termination, or (2) Retirement board action invalidating an election.

(L) The process and timeline for a special election shall be the same as for a regular election. No election shall occur if the remainder of the unexpired term is less than ninety days.

Replaces: replaces 5505-9-01

Effective: 12/11/2009
R.C. 119.032 review dates: 12/01/2014
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, 12/9/2005