Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 310 - ADMINISTRATION OF THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 310.13 - Delegation of Local Board Duties to Executive Director

Current through Reg. 49, No. 28; July 12, 2024
(a) In the event the local board cannot be
				constituted under §
									865.012, Texas
				Government Code, for any reason, the participating department head of such
				participating department, with the written consent of the governing body of the
				political subdivision associated with the department, shall notify the
				executive director in writing no later than the last business day in February
				of the failure to constitute the local board and authorize the delegation of
				the local board's duties to the executive director under this
				section.
(b) In the event a local
				board fails to perform any of the duties required by the local board under
				state law for a period of 12 months or more, including, without limitation, the
				failure to hold at least 2 meetings during the prior calendar year, the failure
				to convene within a reasonable time to determine a member's right to a
				disability benefit, or the failure to verify the accuracy of the membership
				roster under §
									310.8 of this
				title, the executive director will send written notice to the local board
				chair, the participating department head, and the governing body of the
				political subdivision associated with such department of the local board's
				failure to perform its duties as soon as administratively practicable following
				such failure and will request that the local board take action to resolve such
				failure within a specified timeframe that is at least 90 days. If the local
				board fails to perform its duties within such specified timeframe, the local
				board will be deemed to have designated its duties to the executive director,
				and the executive director is authorized by the state board to perform the
				duties of the local board and to make any determinations required of the local
				board on and after such date.
(c)
				An annual administrative penalty will be imposed on the governing body of the
				political subdivision associated with the department for each calendar year, or
				portion thereof, during which the executive director performs the duties of the
				local board as provided under this section. The amount of such administrative
				penalty will be $2,500 for the first calendar year and will increase by 5% for
				each subsequent calendar year.
(d)
				The participating department head shall provide the executive director with any
				information that is requested by the executive director in order to carry out
				the duties delegated to the executive director under this section, including,
				without limitation, any service records of members and retirees or any injury
				reports that may be related to a disability claim.
(e) Once the duties of a local board have
				been delegated to the executive director under this section, the executive
				director shall continue to act on behalf of the local board until such time as
				the participating department head or the governing body of the political
				subdivision associated with the department notifies the executive director in
				writing that a local board has been constituted and will perform the duties
				required of it under state law.
(f) The executive director may waive an
				administrative penalty under this section if the executive director determines,
				after a written request for a waiver from a local board, participating
				department head or governing body of the political subdivision, that the
				failure was beyond the control of the parties responsible for convening the
				local board and was not the result of neglect, indifference, or lack of
				diligence.