California Code of Regulations › Title 5 - Education › Division 3 - Teachers' Retirement System › Chapter 1 - Teachers' Retirement System › Article 13 - Election of Members to the Teachers' Retirement Board › Section 24008 - Protest of an Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A candidate in the affected Board member election may protest an
					 election by filing a written protest with the Election Coordinator at the
					 headquarters office of the System within ten business days following the mailing of
					 the certified election results for an election or a recount, otherwise, there shall
					 be no opportunity for filing a protest and the certified election results shall
					 stand as the final election results. The written protest shall be identified using
					 the word "protest", shall specify the election, and shall state the grounds of the
					 protest and suggested remedy.
Upon receipt of a valid and timely protest, the Election
					 Coordinator shall mail a copy of the request to all candidates in the election and
					 notify the Board and other interested parties that a protest has been filed.
An ad-hoc committee of the Board consisting of an odd number of
					 members no fewer than three shall determine, what remedy, if any, shall be granted
					 to the candidate filing the protest. No Board member who is a candidate in the
					 election under protest, or has endorsed a candidate in the election under protest
					 may become a member of the committee or participate in its selection.
The Board chairperson shall appoint Board members to the
					 committee. If the Board chairperson is a candidate or has endorsed a candidate in
					 the election under protest, the Board vice chairperson shall appoint Board members
					 to the committee. If the Board vice chairperson is a candidate or has endorsed a
					 candidate in the election under protest, the Board shall appoint from its number,
					 members to the committee at its next regularly scheduled meeting.
If a minimum of three Board members are not eligible to
					 participate on the ad-hoc committee, or if a majority of the full Board, excluding
					 candidates but including endorsers of candidates so directs, the protest shall
					 instead be determined by a panel of three arbitrators in accordance with the
					 provisions below, the laws of the State of California, and the Labor Arbitration
					 rules of the American Arbitration Association (AAA) in effect at the time, to the
					 extent the AAA rules are not in conflict with these regulations. One member of the
					 panel shall be selected by the protesting candidate, one member of the panel shall
					 be selected by the successful candidate, and the third member, who shall serve as
					 chair, shall be selected by the first two panel members.
The committee may consider written and/or oral arguments
					 submitted by the candidate filing the protest and any other interested party, in
					 making its determination. Any oral proceedings by the committee shall be held in the
					 Board's meeting room and be open to the public. Other procedures, including those
					 for receiving and considering arguments and factual allegations, shall be determined
					 by the committee or arbitration panel in its sole discretion.
The determination of the committee or arbitration panel shall be
					 rendered within 30 calendar days of its appointment and shall be final and binding
					 on the System and candidates for office. The committee or arbitration panel shall
					 declare the election under protest void, and the position vacant, only upon a
					 finding that Board-adopted election procedures were not substantially followed and
					 that, without this lack of substantial compliance, the election outcome would likely
					 have been different.
The filing of a protest shall not delay the seating of an
					 elected Board member. Such elected Board member shall take office on either the day
					 provided for by statute or immediately, if elected to fill a vacancy, subject to the
					 potential termination of such Board membership as a result of the protest. Any newly
					 elected member, as the result of a protest, shall hold office for a period equal to
					 the remainder of the term of the vacated office.
1. New section
					 filed 5-15-2003; operative upon adoption by the Teachers' Retirement Board 3-6-2003.
					 Submitted to OAL for printing only (Register 2003, No.
					 20).
Note: Authority cited: Section
						22200.5,
						Education Code. Reference: Section
						22200, Education
						Code.