California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 2 - Board of Administration of Public Employees' Retirement System › Subchapter 1 - Employees' Retirement System Regulations › Article 2 - Administration › Section 554.11 - Protest of an Election

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 filing of a protest shall not delay the seating of an elected Board member.
					 Such elected Board member shall take office, in accordance with the published
					 election schedule, 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.
(b) A
					 candidate may protest an election or a runoff election. A protest shall be
					 filed with the Election Coordinator at the Sacramento Office of CalPERS within
					 10 working days after the transmission of the certified election results to all
					 parties. A protest shall be in writing, shall be identified using the word
					 "protest", shall specify the election, and shall state the grounds of the
					 protest and suggested remedy.
(c)
					 Upon receipt of a valid and timely protest, the Election Coordinator shall mail
					 a copy of the request to all candidates for the same seat. The Board or its
					 designee shall appoint an independent, neutral agent which shall designate a
					 Protest Panel using the following process. The independent agent shall promptly
					 submit simultaneously to each candidate for the same office that is subject of
					 the protest an identical list of names of at least five persons chosen from its
					 panel of arbitrators. Each candidate shall have seven days from the date the
					 list is submitted in which to file an objection with the agent to any name,
					 number the remaining names to indicate order of preference, and return the list
					 to the agent. From among the persons for whom no objection has been filed, and
					 in accordance with the designated order of preference, the agent shall invite
					 members to serve on the Protest Panel. If every proposed panel member receives
					 an objection, or if a panel member selected declines or is unable to act, or if
					 any other reason the appointment cannot be made from the submitted list, the
					 agent shall make the appointment from among other members of the agent's panel
					 of arbitrators without the submission of any additional list. No Board member
					 who is a candidate for election that is the subject of the protest may
					 participate in the selection of the Protest Panel. The decision of the Protest
					 Panel shall be final. The Protest Panel shall be comprised of no less than
					 three people, all of whom are neither employed by CalPERS nor otherwise
					 interested in the outcome of the election that is the subject of the protest.
					 For purpose of the foregoing sentence only, membership in CalPERS does not, by
					 itself, constitute an "interest in the outcome of the election." The Protest
					 Panel shall consider written and/or oral arguments submitted by the protestor
					 and any other interested party, including the Board's staff. Any oral
					 proceedings shall be held in the City of Sacramento. The determination of the
					 Protest Panel shall be rendered within 30 days of selection of the Panel and
					 shall be final and binding on CalPERS and candidates for office. Other
					 procedures, including those for receiving and considering arguments and factual
					 allegations, shall be determined by the Protest Panel in its sole discretion. A
					 protest shall only be granted 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.
(d) Each candidate
					 participating in the protest shall bear their own expenses in connection with
					 the preparation and presentation of his or her case at the protest proceedings.
					 The fees and expenses of the independent, neutral agent, protest panel, and all
					 other expenses of the protest shall be borne equally by each candidate
					 participating in the protest.
1.
						Renumbering and amendment of former section
						554.9 to new section
						554.11 filed 11-10-2016; operative
						1-1-2017 (Register 2016, No. 46).
Note: Authority cited: Section
						  20121,
						  Government Code. Reference: Section
						  20121,
						  Government Code; Duva, Calif. School Employees' Assoc. v. PERS., et al., 1993
						  Sacramento Superior Court Case No.
						  375842.