088.00.15 Ark. Code R. 001

Current through Register Vol. 49, No. 10, October, 2024

Rule 088.00.15-001 - Rule 4-1: Board of Trustees Composition and Elections

RULE 4-1 BOARD OF TRUSTEES COMPOSITION AND ELECTIONS

A.C.A. § 24-7-301

The general administration and proper operation of the System is vested in the Board of Trustees that consists of eleven (11) elected members and four (4) ex-officio members. Pursuant to ACA § 24-7-301, the Board shall adopted rules and regulations regarding the election of trustees and vacancies.

I.GENERAL RULES FOR CANDIDACY AND VOTING IN TRUSTEE ELECTIONS

A. For purposes of eligibility for an active member trustee position and voting, "active members" shall mean active members as defined in § 24-7-202 (2) and members participating in T-DROP, if employed by a participating employer and receiving T-DROP plan deposits.

B. If a candidate is employed in more than one position with a participating employer(s), eligibility shall be determined based on his/her primary position for which he/she receives the greater percentage of covered salary.

C. For purposes of eligibility for an administrator trustee position or voting for that position, "administrator" shall mean a public school superintendent, assistant superintendent, principal, or vice-principal; a higher education president, chancellor or director; or a community college, vocational/technical or educational cooperative director, president, or vice president, who is employed by a participating employer OR any employee of an education related agency participating in ATRS that is employed in a position grade C127 or higher, including unclassified employees.

D For purposes of eligibility for a licensed trustee position or voting for that position, "licensure" shall mean a person employed in a position requiring state teaching licensure or an education institution grade C117-C126 and not an administrator.

E. For purposes of eligibility for a nonlicensed trustee position and voting for that position, "nonlicensed" shall mean employed in a position with a participating employer that does not require state licensure including employment of an educationally related agency in a position Grade C116 or below. Nonlicensed shall not include any position defined as an administrator or licensure.

F. Only members are authorized to vote in a trustee election. Guardians, attorneys-in-fact, or others may not vote on behalf of a member.

G. Terms not defined in these rules shall have the meaning set forth in Arkansas Code § 24-7-202et. seq.

H. An employee working for ATRS is not eligible to be elected to the board, appointed to the board, or be a candidate to be elected or appointed to the board.

II.QUALIFICATION AND VOTER ELIGIBILITY FOR ELECTED TRUSTEE POSITIONS

There shall be four (4) active member trustees each of whom will represent one of the four congressional districts in Arkansas.

A.Active Member Trustee Position Nos. 1-4 - Congressional Districts

1. Qualifications for Candidacy

i. Active member with a minimum of five (5) years of actual service.

ii. Employed by a participating employer located in the congressional district for which he/she is seeking election.

iii. Employed in a position requiring state teaching licensure or the equivalent under these rules.

2. Eligible Voters for Trustee Positions Nos. 1-4

Active members, regardless of credited service, employed by participating employers located in the respective congressional districts and who are otherwise eligible to be a candidate under subsection (IIA iii) above.

B.Active Administrator Trustee Positions Nos. 5 - 6

There shall be two (2) active member trustees each of whom must be employed as administrators as defined in these rules.

1. Qualifications for candidacy:

i. Active member with a minimum of five (5) years of actual service.

ii. Candidates for Position No. 5 shall be licensed administrators employed as Arkansas school superintendents by a participating employer.

iii. Position No. 6 shall be licensed administrators employed by a participating employer.

2. Eligible Voters for Trustee Positions Nos. 5-6

Eligible voters for Position No. 5 and 6 shall be active members, regardless of credited service, employed as licensed administrators.

C.Nonlicensed Trustee Position No. 7

1. Qualifications for candidacy:

i. Active member with a minimum of five (5) or more years of actual service.

ii. Employed in a position not requiring state licensure.

2. Eligible Voters for Trustee Position No. 7

Eligible voters for Position No. 7 shall be all active members, regardless of credited service, who are employed by participating employers in non- licensed positions as defined these rules.

D.Minority Trustee Position No. 8

There shall be one (1) member trustee of a minority racial ethnic group.

1. Qualifications for candidacy:

i. An Active or retirant member of ATRS

ii. Member of a minority racial or ethnic group

2. Eligible Voters for Position No. 8

i. All active members, regardless of credited service

ii. Retirant members

E.Retired Member Trustees (At - Large) - Position Nos. 9-11

There shall be three (3) retired member trustees who shall be "retirants" under A.C.A. § 24-7-202 (25).

1. Qualifications for Candidacy

i. Retirant member of ATRS

ii. Resident of the State of Arkansas

2. Eligible Voters for Position Nos. 9-11

All retirants of ATRS, regardless of present employment status or residency.

Amended: April 26, 2007

February 11, 2008

December 18, 2009

Approved by Board: October 5, 2015 Amended: February 1, 2016

Effective: February 10, 2016

088.00.15 Ark. Code R. 001

2/1/2016