Arkansas Administrative Code
Agency 088 - Arkansas Teacher Retirement System
Rule 088.00.08-001 - Rules No. 4-1: Board Composition and Elections; No. 4-2: Election Procedures for Member & Retirant Trustees; No. 4-3: Schedule for Active & Retirant Trustees Elections; No. 5-3: Asset Allocation

1. There shall be four (4) active member trustees each of whom must be employed in a position requiring state teaching licensure or employed by an ATRS-covered agency in a position between Grades 17-23. Such a trustee shall NOT be employed as a school administrator (superintendent, assistant superintendent, principal, vice principal, president, chancellor or director of a state Institution of higher education, community/technical college, or vocational center/ cooperative), or employed In a position Grade 24 and above with an ATRS covered agency. One (1) active member trustee will be elected from each of the four (4) congressional districts of the State of Arkansas.

Active members employed in positions requiring state licensure, but not administrators' licenses, will elect these trustees. Such members must NOT be employed in positions as school administrators (superintendent, assistant superintendent, principal, vice principal, president, chancellor, or director of a state Institution of higher education, community/technical college, or vocational center/ cooperative of employed by an ATRS-covered agency In a position Grade 24 and above.

2. There shall be two (2) active member trustees each of whom must be employed in a position requiring school administrator licensure (superintendent, assistant superintendent, principal, vice principal, president, chancellor, or director of a state institution of higher education, community/ technical college, or vocational center/cooperative), or employed by an ATRS-covered agency in a position Grade 24 and above, one (1) of which must be a superintendent.

These trustees will be elected by members employed as school administrators (superintendent, assistant superintendent, principal, vice principal, president, chancellor, or director of a state institution of higher education, community/technical college, or vocational center/cooperative) or employed by an ATRS-covered agency in a position Grade 24 and above.

3. There shall be one (1) active member trustee who Is employed in a position that does not require state teaching licensure or is employed by an ATRS-covered agency in a position Grade 16 and below.

This member trustee shall be elected by members who are employed in positions not requiring state teaching licensure or are employed by an ATRS-covered agency In a position Grade 16 and below.

1. The term of office of each member and retirant trustee elected after July 1, 1997, shall be six (6) years.

2. Each trustee shall continue to serve as trustee until his or her term expires.

3. In a year In which a six (6) year term of an active member or retirant member trustee expires, the position shall be filled under the regular election schedule in ATRS Policy No. 4-3.

1. An active member trustee shall be ineligible to serve after becoming inactive or retiring.

2. An active member trustee shall be ineligible to serve if he or she changes employment category during his or her term of office and the employment category is a requirement of the trustee position, i.e., an administrator becomes a classroom teacher.

3. A retirant member trustee shall be ineligible to serve after becoming active.

4. An absence that is excused by a majority of the members of the Board shall not constitute a vacancy. Attendance on either day of a two-day Board meeting is sufficient to meet the attendance requirement.

5. The Board of Trustees or its designee will notify the Board member after the second consecutive absence.

1. A member or retirant trustee is absent for three (3) consecutive regular Board meetings and the absences are not excused by the Board;

2. A trustee is ineligible due to a change in status under A.C.A. § 24-7-302(a)(2)(A-B) resulting in three (3) consecutive absences at regular Board meetings prior the expiration of the trustee's term; or

3. Resignation or death of a trustee which will result in three (3) consecutive absences at regular Board meetings prior to the expiration of the trustee's term.

4. If a vacancy occurs, it will be filled during the next annual ATRS election held by the system, utilizing approved election requirements and procedures for that position. (Revised May 15, 2001.)

1. Positions #1 -#4 (Active member Trustees from Congressional Districts)

2. Position #5 (Administrator - Superintendent only)

3. Position #6 (Administrator)

4. Position #7 (Nonllcensed)

5. Position #8 (Minority)

6. Positions #9-#11 (Retirant Member Trustees)

1. Nomination for election shall be upon petition signed by not less than twenty-five (25) voters eligible to vote in the specified election. The petition must include the last four digits of the Social Security number of the nominee and each signer in order for the Retirement System to verify the petition. Nominating petitions and a candidate information form must be filed with the Executive Director of the Teacher Retirement System not later than January 31 of the year in which the member's or retirant trustee's term expires.

2. Should only one qualified candidate file a timely and verified petition, that person shall be declared by the Board of Trustees as elected to fill the vacant trustee position.

1. The Board of Trustees shall employ an independent contractor to conduct all or part of the election process. ATRS will provide the contractor with compatible media containing the addresses of eligible voters and any other materials required to conduct the scope of the election process for which the contractor has been employed.

2. The order of candidates listed on the ballot(s) will be determined by a drawing from the petitions received by the Retirement System. The drawing will be conducted by representatives of the Retirement System's staff and witnessed by a representative of the group(s) from which a trustee will be elected, i.e., administrator, certified, noncertified, minority, or retiree. A letter to document and verify the drawing will be signed by all in attendance.

3. Ballots will be mailed directly to the homes of eligible voters in accordance with the ATRS policies governing the schedule for active and retirant trustee elections.

4. The date the ballot is to be mailed, the word, "Ballot," and the deadline for receipt of the ballot will be printed on the ballot, along with a brief statement from each candidate. The ballot shall be returned to the contractor. Instructions on the ballots will inform voters that the ballots are not to be copied nor returned to the Retirement System office, which would render them invalid.

5. Neither the voters' addresses nor Social Security numbers will be requested, and no space will be provided for them on the ballot.

6. The System's return address will be printed on the ballots in order for undeliverable pieces to be returned for correction of the System's records.

7. In the event the post office provides corrected addresses for undeliverable ballots, ATRS will correct its records and then remail the ballot to the voter. However, should the undeliverable ballot be received by the System less than (5) days prior to the deadline for returning ballots, the System will correct its records and will not remail the ballot to the voter.

8. The independent contractor will be instructed that ballots will be mailed no earlier, nor later, than the scheduled date ballots are to be mailed. If one of the scheduled dates is on a weekend or holiday, ballots will be mailed on the next regular work day following such weekend or holiday.

9. Should it be determined by the Board of Trustees or Its agent that the independent contractor has mailed ballots earlier or later than the contracted date, ATRS will assess the contractor a penalty of not less than five thousand dollars ($5,000.00) in each instance and for each election the ballots are mailed early or late.

10. The System has final approval of the ballot and accompanying instructions.

1. One (1) set of mailing labels of eligible voters and their addresses will be made available to each candidate upon request.

2. The mailing labels will be printed by the election contractor from eligible voter data provided by the System.

3. Campaign materials sent to voters will be mailed by the election contractor from its place of business. All postage incurred for mailing such materials shall be the responsibility of the candidate requesting the labels. The System shall review and preapprove campaign materials prior to submission to the election contractor for mailing.