Missouri Code of State Regulations › Title 16 - RETIREMENT SYSTEMS › Division 10 - The Public School Retirement System of Missouri › Chapter 1 - Organization and Operation of Board of Trustees › Section 16 CSR 10-1.040 - Election to Fill Vacancy on Board of Trustees

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for the election of board
				  members to fill terms or vacancies of elective positions on the board as
				  authorized by section
				  169.020,
				  RSMo.
(1) When elections are
				required to fill trustee positions with terms beginning on July 1, the board of
				trustees shall initiate election procedures no later than in the month of
				February immediately preceding the applicable July 1 date, and shall conduct
				elections in the manner set forth in this rule to fill those positions. When a
				vacancy in an elected position occurs because of death, resignation or other
				cause, the board shall begin election procedures to fill that position within
				sixty (60) days after the vacancy occurs and shall conduct an election in the
				manner set forth in this rule; provided, however, that no election will be held
				to fill a vacancy when the vacancy occurs less than twelve (12) months prior to
				the date on which the term of that position will expire.
(2) Notice of a vacancy(ies) to be filled
				shall be given by means of a publication of the board of trustees or by means
				of an official notice to be mailed to each employer where a member of the
				public school retirement system or of the Public Education employee retirement
				system is employed in a position covered by one (1) of those systems, to each
				association serving school employees on a statewide basis and to each
				association serving retirees of either system on a statewide basis.
(3) Candidates will be nominated by means of
				nominating petitions. Forms for the nominating petitions will be furnished by
				the retirement system and petitions completed on any other form will be
				considered invalid. The forms will be furnished to prospective candidates upon
				receipt of their requests.
(4) A
				period of forty-five (45) days shall be given the prospective candidates to
				file the nominating petitions with the office of the executive director. This
				forty-five (45)-day period will begin on a date to be established and
				publicized in the official notice and which date shall be after the date of
				official notice. Any petition filed after the period of forty-five (45) days
				will be considered invalid.
(5) A
				valid petition must name only one (1) nominee and must have a total of not
				fewer than one thousand (1,000) signatures of members or retirees of either The
				Public School Retirement System of Missouri or The Public Education Employee
				Retirement System of Missouri and there must be no fewer than two hundred (200)
				such signatures from each of four (4) Missouri congressional districts. Each
				signatory must indicate place of employment if currently serving an employer
				included within either retirement system and place of residence. A signatory
				serving an employer included within one (1) of the retirement systems shall be
				deemed to be from the congressional district in which the employer's
				administrative office is located. A signatory not serving such an employer may
				be assigned to any congressional district or may be unassigned at the will of
				the nominee. The validity of the signatures shall be determined by the office
				of the executive director from records of the retirement system.
(6) After the close of the petition filing
				period and verification of the petition signatures, an audit committee approved
				by the board of trustees shall review the nominating petitions received and
				shall certify to the board of trustees the name(s) of the candidate(s)
				nominated. If only one (1) valid nominating petition is certified for a
				vacancy, the board shall declare the person nominated in that petition to be
				elected. If more than one (1) valid nominating petition is certified for a
				vacancy, an election shall be conducted as set forth in this rule. If a valid
				nominating petition is not received for a vacancy to be filled, the board of
				trustees shall reopen and conduct the petition and election process in the same
				manner as was done previously and within any necessary time restraints and
				special conditions to be established by the board of trustees at that
				time.
(7) As soon as practicable
				after the auditing committee has certified the names of the candidates, an
				official ballot listing the names of the candidates in alphabetical order shall
				be sent to each member and to each retiree of The Public School Retirement
				System of Missouri and of The Public Education Employee Retirement System of
				Missouri; provided that no person shall be furnished nor allowed to cast more
				than one (1) ballot. The ballot shall include instructions for marking and
				returning the ballot within fifteen (15) days from the date of mailing from the
				office of the executive director.
(8) A board of tellers, approved by the board
				of trustees, shall open the ballots and tally the votes. The board of tellers
				shall certify to the board of trustees the name of the candidate receiving the
				greatest number of votes for each vacant position, or the names of the
				candidates receiving the greatest and the second greatest number of votes if
				two (2) vacant positions are to be filled by members of The Public School
				Retirement System of Missouri, and the board of trustees shall declare the
				candidate(s) elected.
(9) If two
				(2) or more candidates for one (1) vacancy tie with the greatest number of
				votes, another official ballot listing in alphabetical order the names of the
				candidates who tied shall be submitted to each eligible voter and an election
				conducted in the same manner as set forth in sections (7) and (8).
(10) At the discretion of the board of
				trustees, any or all election procedure(s) delegated to the executive director,
				the retirement office, the audit committee, or the board of tellers may be
				contracted by the board of trustees to an independent individual or firm
				qualified to carry out such procedure(s).
*Original authority: 169.020, RSMo 1945, amended 1951,
					 1953, 1967, 1973, 1983, 1990, 1995, 1996, 1998, 2005, 2009,
					 2013.