Current through Register Vol. 49, No. 9, September, 2024
The general administration and proper operation of ATRS is vested
in the Board of Trustees that consists of eleven (11) elected members and four
(4) ex officio members. Pursuant to A.C.A. §
24-7-301,
the Board shall adopt rules and regulations regarding the election of trustees
and trustee vacancies.
I.
General Rules for Candidacy and Voting in Trustee Elections
A. For purposes of eligibility for an active
member trustee position and voting, "active members" shall mean active members
as defined in A.C.A. §
24-7-202
and members participating in T-DROP, if employed by a participating employer
and receiving T-DROP plan deposits.
B. If a candidate is employed in more than
one position with a participating employer(s), eligibility shall be determined
based on their primary position for which they receive the greater percentage
of covered salary.
C. For purposes
of eligibility for an administrator trustee position or voting for that
position, "administrator" shall mean a public school superintendent, assistant
superintendent, principal, or vice-principal; a higher education president,
chancellor or director; or a community college, vocational/technical or
educational cooperative director, president, or vice president, who is employed
by a participating employer; OR any employee of an education related agency
participating in ATRS that is employed in a position grade GS13 or above or its
equivalent, including unclassified employees.
D. For purposes of eligibility for a licensed
trustee position or voting for that position, "licensure" shall mean a person
employed in a position requiring state teaching licensure or an education
institution grade GS09-GS12 or its equivalent and who is not an
administrator.
E. For purposes of
eligibility for a nonlicensed trustee position and voting for that position,
"nonlicensed" shall mean a member employed in a position with a participating
employer that does not require state licensure including employment in an
educationally related agency in a position grade GS08 or below or its
equivalent. Nonlicensed shall not include any position that is defined as an
administrator or that requires licensure.
F. Only members are authorized to vote in a
trustee election. Guardians, attorneys-in-fact, or others may not vote on
behalf of a member.
G. Terms not
defined in these rules shall have the meaning set forth in A.C.A. §
24-7-202
et. seq.
H. An employee working for
ATRS is not eligible to be elected to the board, appointed to the board, or be
a candidate to be elected or appointed to the board.
II.
Qualifications and Voter
Eligibility for Elected Trustee Positions
There shall be four (4) active member trustees each of whom will
represent one of the four congressional districts in Arkansas.
A.
Active Member Trustee Position Nos.
1-4 - Congressional Districts1.
Qualifications for Candidacy:
a. Active member
with a minimum of five (5) years of actual service.
b. Employed by a participating employer
located in the congressional district for which he/she is seeking
election.
c. Employed in a position
requiring state teaching licensure or the equivalent under these
rules.
2. Eligible
Voters for Trustee Position Nos. 1-4
Active members, regardless of credited service, employed by
participating employers located in the respective congressional districts and
who are otherwise eligible to be a candidate under this subsection.
B.
Active
Administrator Trustee Position Nos. 5-6
There shall be two (2) active member trustees each of whom must
be employed as an administrator as defined in these rules.
1. Qualifications for Candidacy:
a. Active member with a minimum of five (5)
years of actual service.
b. As
provided in A.C.A. §
24-7-301,
at least one of the administrators serving as an active administrator trustee
must be employed by a participating employer as an Arkansas school
superintendent or educational cooperative director.
c. If an election is being held for either
position and the other administrator position is not held by a superintendent
or educational cooperative director, candidates for the open position must be a
superintendent or educational cooperative director and the notice of election
shall so state that requirement.
d.
Candidates for Position No. 5 and Position No. 6 shall be licensed
administrators employed by a participating employer.
2. Eligible Voters for Trustee Position Nos.
5-6
Eligible voters for Position Nos. 5 and 6 shall be active
members, regardless of credited service, employed as licensed
administrators.
C.
Nonlicensed Trustee Position No.
71. Qualifications for Candidacy:
a. Active member with a minimum of five (5)
years of actual service.
b.
Employed in a position not requiring state licensure.
2. Eligible Voters for Trustee Position No. 7
Eligible voters for Position No. 7 shall be all active members,
regardless of credited service, who are employed by participating employers in
nonlicensed positions as defined these rules.
D.
Minority Trustee Position No.
8
There shall be one (1) member trustee of a minority racial ethnic
group.
1. Qualifications for
Candidacy:
a. An active or retiree member of
ATRS with a minimum of five (5) years of actual service
b. Member of a minority racial or ethnic
group
2. Eligible Voters
for Trustee Position No. 8
a. All active
members, regardless of credited service
b. Retiree members
E.
Retired Member Trustees
(At-Large) - Position Nos. 9-11
There shall be three (3) retired member trustees who shall be
"retirees" or "retirants" as defined under A.C.A. §
24-7-202.
1. Qualifications for Candidacy:
a. Retiree member of ATRS
b. Resident of the State of
Arkansas
2. Eligible
Voters for Trustee Position Nos. 9-11
All retirees of ATRS, regardless of present employment status or
residency.
III.
Rules on Elected Trustee
Nominations
A. During December in a
year in which an elected trustee position is subject to election or to fill a
vacancy in a special election, ATRS shall publish public notice of an upcoming
trustee position election in a statewide newspaper for at least five (5)
consecutive days. The notice will also be sent to such persons or groups that
have requested a notice of Trustee vacancies. The notice shall also be posted
on the ATRS website from December until the closing of the nomination
period.
B. For all elected
positions, a candidate must submit a petition signed legibly by at least
twenty-five (25) ATRS members who are eligible to vote for the trustee position
for which the member is seeking nomination. The petition must include the last
four digits of each signatory's Social Security number for verification of the
member's eligibility to vote for the position.
C. The original petitions for nomination must
be submitted to the ATRS Executive Director no later than January 10. Actual
delivery must be made by January 10, regardless of postmark date or other
methods to attempt delivery.
D.
Upon receipt of a petition, ATRS will confirm its receipt and verify the
eligibility of the candidate for the trustee position under A.C.A. §
24-7-301.
ATRS will verify the member's signatures signing the petition as eligible
voters.
E. The candidates
submitting a petition for nomination will receive notice by ATRS if the
petition is accepted and will receive a list of other members who were
certified to participate in the election for the trustee position for which
they seek nomination.
F. Prior to
ballots being mailed, ATRS or its designee will conduct a random drawing for
ballot position. At least two (2) independent witnesses shall be present to
certify the drawing of the ballot position. Candidates will be notified of the
order in which they will be listed on the ballot.
G. Upon request of a candidate, ATRS will
provide a list of mailing addresses of eligible voters for the distribution of
a candidate's campaign materials. The candidate's message shall not contain
information that would constitute defamation of another candidate. Campaign
materials will be mailed by the election vendor from its place of business. All
postage for such materials shall be the candidate's sole expense.
IV.
Rules on Trustee
Elections
A. ATRS shall employ an
independent election vendor to conduct the trustee elections.
B. If any position receives only one
nomination and the position is not contested, the Board at its next regular or
special meeting may certify the nomination and declare the candidate duly
elected as a trustee prior to the commencement of the trustee's term.
C. ATRS shall publish ballots that shall be
submitted to the election vendor for mailing on March 15 to the member's
address of record.
D. Completed
ballots must be received by the election vendor on or before April 15 to be
counted. The vendor shall only count such ballots that are correctly
completed.
E. Results for positions
not subject to a run-off election shall be certified to ATRS by April
20.
F. If upon certification of the
outcome of a trustee election by the vendor, if no candidate receives at least
50% of the votes cast by eligible voters, a runoff election will be held
between the two (2) candidates receiving the highest number of votes for the
position. The run-off ballots will be mailed by the election vendor to eligible
voters on or before May 1.
G.
Completed ballots for a run-off election must be received by the election
vendor on or before June 1 to be counted.
H. Upon the completion of the run-off
election, results shall be certified by the election vendor to ATRS by June
5.
I. Any candidate included on the
ballot may submit a challenge to the election vendor's certified results for an
elected trustee position by submitting a written challenge to the ATRS
Executive Director. A challenge must be received within five (5) calendar days
of the certification of the elections results for the position at issue. If a
candidate challenges the election results, the election process will be
suspended for the same number of days that the resolution of the challenge
requires, and the remaining election schedule will be adjusted
accordingly.
J. Upon receipt of a
challenge, the ATRS Board will hold a special meeting to consider the
challenge. The Executive Director will issue an ATRS recommendation to the
Board along with the administrative record relating to the position being
challenged.
K. For any fixed date
in the election schedule that falls on a holiday or a weekend, the official
date shall become the next business day.
L. Upon completion of an election, all
elected trustee terms, except for special elections, begin on July 1 following
the election.
V.
Board Procedures to Fill Unexpired Terms for Elected Trustees
ATRS staff shall notify the Board of all resignations and
vacancies by other causes in any Trustee position as soon as possible after
staff has knowledge of the vacancy. The Board shall take appropriate action
authorized by law to fill the vacancy. The Board may by majority vote appoint a
trustee until the next ATRS election. In the event the Board by majority vote
determines that the vacancy should be filled by a special election, then a
special election shall be scheduled as follows:
If an elected trustee position is declared vacant by the Board
and is to be filled by a special election then, in accordance with this rule,
ATRS shall publish notice as set out in Section III.A. that a special election
will be held and will announce the schedule for the special election, which
will include the following:
1) the
date the vacancy occurred and position being vacated;
2) the time period for circulating petitions
for nominating signatures;
3) the
deadline for filing petitions with ATRS;
4) the date ATRS will verify the validity of
petitions;
5) the date ballots will
be sent to eligible voters;
6) the
election date; and
7) the date the
term shall begin.
VI.
Term of Elected Trustee Office and Vacancies
A. The term of office of each elected trustee
shall be six (6) years.
B. Each
trustee shall continue to serve as trustee until their term expires unless they
resign or is otherwise ineligible under these rules.
C. In a year in which a six (6) year term of
a trustee expires, the position shall be filled under the regular election
schedule in this rule.
D. A trustee
elected to fill an unexpired term in a special election will serve for the
remainder of the six (6) year term of the vacating trustee.
VII.
Rules on Elected
Trustee Vacancies
A. An active member
trustee shall be ineligible to serve after becoming inactive or
retiring.
B. 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.
C. A retiree member
trustee shall be ineligible to serve after becoming active.
D. A trustee vacancy may occur if the trustee
is absent from meetings.
1. The Board of
Trustees or its designee will notify the Board member after the second
consecutive absence.
2. A vacancy
shall occur if the Board votes to declare a position vacant due to one of the
following:
a. A trustee is absent for three
(3) consecutive regular Board meetings and the absences are not excused by the
Board. An absence that is excused by a majority of the members of the Board
shall not be counted towards a vacancy. Attendance on either day of a two-day
Board meeting is sufficient to meet the attendance requirement for that
meeting;
b. A trustee is ineligible
due to a change in status under A.C.A. §
24-7-302
resulting in three (3) consecutive absences at regular Board meetings prior to
the expiration of the trustee's term; or
c. Resignation or death of a trustee which
will create three (3) or more consecutive absences at regular Board meetings
prior to the expiration of the trustee's term.
If the Board declares a vacancy by resolution under the section
above, the Board may vote to hold a special election to fill an unexpired term
under the Board procedures to fill unexpired terms for elected trustees. If the
Board does not certify a vacancy under this section, the vacancy will be filled
during the next annual ATRS election held upon expiration of an elected
trustee's term, utilizing approved election procedures for that
position.
