(1) The full
Committee shall be elected biennially in every odd numbered year. Nominees for
the Committee must be licensed managers who are either permanently or
temporarily assigned to a vending facility. Only licensed managers who are
permanently or temporarily assigned to a vending facility may vote in the
elections. Managers must manage a facility in the same regions from which
membership on the Committee is being determined. The number of Committee
members from each region will be determined jointly by the Agency and
Committee. By seeking membership on the Committee, a manager agrees to have his
record of performance for the previous twelve (12) months released for
inspection by all managers to be considered when casting their votes.
(2) The Committee representative(s) in each
region shall call a meeting of all managers on or prior to April 15th in each
odd-numbered year. The purpose of the meeting is to determine the names of the
nominees who will be competing for the available Committee seat(s) in the
upcoming election. The number of nominees is limited to twice the number of
representative(s) designated for the region. If there are more nominees than
allowed for a region, the managers in attendance at the local meeting shall
vote to determine which nominees will be submitted to the state office. It is
the responsibility of the Committee representative(s) from each region to
submit the names of the nominees in writing to the Agency by April 30th so that
the election process may be commenced. A manager must be present at the
regional meeting to nominate a candidate or have their name submitted for
nomination. A manager may submit his/her own name for nomination. These
meetings may be held in person or by teleconference.
(3) After the Agency has received the names
of the nominees, the ballots will be prepared for each region and sent only to
permanently and temporarily assigned licensed managers in the region. The
ballot will identify the region and all the names of the nominees will be
listed. Additionally, space will be indicated and allowed for the names of
write-in candidates, one for each seat available. The date when the ballots
must be postmarked for return mailing shall also be indicated, which is
twenty-one (21) calendar days from the date of the original mailing.
(a) After the Agency has completed the
preparation of the ballots, an auditor from the Division of Internal Audit
shall review the ballots for each region and witness the process of sealing
them in envelopes. The sealed ballot, in an envelope identified only as a
"ballot", and a pre-addressed return envelope addressed to the Division of
Internal Audit shall be sent to the managers by registered mail, return receipt
requested. The process of depositing the ballots in the mail shall be the
responsibility of the assigned auditor. In the event that a manager does not
receive a ballot, the Agency will issue another, provided that information
validating the non-delivery of the original ballot is received.
(b) After the expiration of twenty-eight (28)
calendar days from the date of the mailing of the ballots, a date and time will
be set with the Division of Internal Audit for the counting of the ballots, so
that the election process can be completed by June 20th. All candidates and the
members of the Committee will be notified of the date and time, so that they
may be present if they so choose. In addition to the personnel from the
Division of Internal Audit, there shall be one Agency official available to
witness the count.
(c) In the event
of a tie vote for one or more seats, a run-off election will be held. New
ballots will be prepared for the managers in the particular region. The same
process as described in subparagraph (a) above shall be used, except that no
write-in candidates shall be permitted. The ballots shall be mailed within five
(5) working days from the original date of the counting of the votes. Ten (10)
working days shall be allowed for the return of the ballots. After the
expiration of fifteen (15) working days from the date of the mailing of these
ballots, a date and time will be set with the Division of Internal Audit for
the counting of the ballots and notification will be provided as described in
subparagraph (b) above so that the run-off election can be completed by July
15th. If the run-off election does not change the result, the full Committee
shall select one of the candidates as the winner prior to its July
meeting.
(d) After the election is
complete and the membership of the new Committee is determined, the official
seating of the membership shall occur in the July meeting of the Committee
after all business (old and new) has been transacted for the preceding fiscal
quarter, and all other matters before the outgoing Committee have been
addressed.
(e) An elected member of
the Committee automatically vacates the seat if the manager for whatever reason
no longer has a temporary or permanent assignment or no longer meets the
requirements of 1240-06-12-.03(1)
in another region. Additionally, the seat is lost if a manager's license is
terminated or if the Committee determines that the manager is in violation of
the by-laws adopted by the Committee. Under any of these circumstances, an
election must be held in order to fill the vacancy. Within ten (10) working
days of the occurrence which leads to the vacancy, the Committee shall call a
meeting of all managers in the region to select nominees to compete for the
available seat. Immediately upon receipt of the names of the nominees, which
shall be within twenty (20) working days after the vacancy occurs, the Agency
shall conduct an election in accordance with the provisions of subparagraph (c)
above relating to a run-off election, except that write-in candidates shall be
permitted.
