N.J. Admin. Code § 17:3-1.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 17:3-1.4 - Election of member-trustee

(a) The Board shall prescribe the manner of election of three trustees from among the active or retired membership of the Fund. The three member-trustees shall each serve a three-year term, which shall be staggered by designated county group. An election of one trustee will occur each year for the group with the expiring three-year term. Each term of appointment shall commence on January 1 and conclude on December 31.

(b) Any member or retiree who wishes to be a candidate for the position of member-trustee shall send a written letter of interest to the Secretary of the Board by March 1 for the trustee member's term that expires the same year on December 31.

(c) To be eligible as a candidate for member-trustee, a person must comply with the requirements of the New Jersey First Act, 52:14-7, (which requires having a principal residence in New Jersey unless an exemption applies) and must be employed in or retired from one of the counties of the group designated for electing a trustee that year, in accordance with (d) below.

(d) The county groups for election of a member-trustee shall be as follows:

Group A	Group B	Group C
Bergen	Middlesex	Atlantic
Essex	Monmouth	Burlington
Hudson	Morris	Camden
Union	Passaic	Cape May
Somerset	Cumberland
Sussex	Gloucester
Warren	Hunterdon
Mercer
Ocean
Salem

(e) Delegates shall be selected annually by each county in the manner described in this subsection, regardless of the number of candidates for member-trustee.

1. Each county superintendent's office shall be responsible for establishing and implementing the procedure for the selection of the delegates/alternates. To qualify to be a delegate or alternate, the individual must be an active or retired member of the Fund. The county superintendent's office will submit the names of the selected delegates and alternates to the Secretary of the Fund annually, for the purpose of conducting a vote by ballot for the member-trustee position.

i. Each county shall be entitled to one delegate for each 550 members employed in or retired from the county.

ii. Each county shall be entitled to elect alternates, the number not to exceed one half of the number of delegates elected.

iii. Each county superintendent shall have until June 1 to electronically forward to the Secretary of the Board the membership numbers, retirement numbers, names, mailing addresses, e-mail addresses, and school districts of the delegates and alternates. The names of delegates and alternates submitted by June 1 will remain active for a period of 12 months for the purpose of conducting a vote in accordance with (g), (i), or (j) below.

(f) In the event only one candidate has registered with the Board Secretary for the position of member-trustee, in accordance with (b) and (c) above, the candidate shall be deemed elected without voting by ballot. Notification of the election results will occur in accordance with (g)5 below.

(g) In the event that more than one candidate has registered with the Board Secretary in accordance with (b) and (c) above, the delegates and alternates selected from the membership of each county shall vote for the member-trustee in accordance with the following procedures:

1. The selected county delegates will vote for member-trustee by either electronic ballot, paper ballot, or a meeting of delegates. The design of the electronic or paper ballot shall be determined by the Board and prepared by the Board Secretary.

2. The Secretary of the Board shall provide each qualified delegate and alternate with the following documents, either by regular or electronic mail:

i. The Division's web address to obtain the Board's annual report for the preceding fiscal year;

ii. Names of the candidates for member-trustee who have registered with the Secretary of the Board; and

iii. A ballot.

3. If the Board determines that a meeting of delegates is required, the following procedures will also apply.

i. The meeting of delegates shall be held at a time and location designated by the Board and as recommended by the Secretary of the Board.

ii. The Secretary of the Board shall provide each delegate and alternate with a form of identification that will grant admission to the meeting of delegates. The identification may be sent either by regular or electronic mail.

iii. The chairperson of the Board will conduct the meeting.

iv. The Secretary of the Board will conduct a roll call of the delegates. Alternates will be seated in the place of their respective county delegate, if that delegate is absent at the time of roll call. Alternates shall be seated in the order in which they are listed by the county superintendent's office.

v. A quorum is required for the purposes of an election at a meeting and shall be a majority of the total delegates appointed by the county superintendents as provided under (e) above. To determine a quorum at a meeting, alternates shall be seated and counted toward the quorum for any absent delegate. Delegates and alternates must confirm their anticipated attendance with the Board Secretary at least 10 days prior to the meeting. If the Board Secretary determines that there are insufficient confirmed delegates to hold a meeting, the Secretary shall cancel the meeting and the vote shall be conducted by mail or electronic mail.

vi. Visitors and alternates not seated at the meeting of delegates will only be recognized for purposes of making any statements or comments during the meeting of delegates at the discretion of the chairman.

vii. Only delegates with proper identification will be permitted to participate in the voting process to elect a member-trustee.

viii. Delegates and alternates will be reimbursed for actual travel expenses incurred in connection with the meeting of delegates in accordance with State of New Jersey, Department of the Treasury reimbursement schedules. Mileage reimbursement shall not exceed 150 miles each way.

4. The candidate that receives the highest number of votes cast by the selected county delegates, or the delegate's qualified alternate, shall be appointed as a member-trustee.

5. The Board Secretary will notify each county superintendent's office of the election results. In addition, the election results will be posted on the Division's website.

(h) In the event that no member is deemed to receive a majority of votes in any election, the incumbent trustee shall serve until a successor is elected in accordance with (f) or (g) above. If necessary, the Secretary may conduct a run-off election using any method specified in (g)1 above.

(i) In the event an active or retired trustee elected by the membership is unable to complete his or her term, the vacancy shall be filled in accordance with (k) below. The term of this position shall be the remainder of the unexpired term.

(j) In the event a newly-elected candidate becomes unable or unwilling to serve as member-trustee prior to the beginning of the candidate's term as trustee, the Board shall conduct a new election to fill the Board vacancy, in accordance with (k) below. For purposes of this subsection, a member-trustee's term will terminate in accordance with the regular election cycle for that county's grouping.

(k) If a member-trustee cannot complete a term in accordance with (i) or (j) above, the following will apply:

1. The Board Secretary will open nominations for new member-trustee candidates. Interested parties will submit a letter of interest within 45 days of the date of notification of the vacancy.

2. If only one candidate registers for the vacant member-trustee position, that candidate will be deemed elected without ballot, and announcement of the newly elected trustee will occur in accordance with (g)5 above.

3. If more than one candidate registers for the vacant member-trustee position, election by delegate vote will be conducted, according to (g) above.

N.J. Admin. Code § 17:3-1.4

Amended by 47 N.J.R. 2876(a), effective 11/16/2015