Current through all regulations passed and filed through September 16, 2024
(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 (I) of section
5505.01
and section
5505.51
of the Revised
Code that is making contributions pursuant to section
5505.15
or
5505.52
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 (J) of section
5505.01 of the Revised Code.
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.
Five Year Review (FYR) Dates:
2/26/2019 and
02/26/2024
Promulgated
Under: 119.03
Statutory Authority: 5505.07, 5505.047
Rule
Amplifies: 5505.04, 5505.041, 5505.042, 5505.043, 5505.52
Prior
Effective Dates: 01/01/1986, 01/01/1987, 01/01/1989, 05/01/1990, 02/01/1994,
08/01/1994, 12/09/2005, 12/11/2009, 05/16/2014,
03/27/2017
