S.D. Admin. R. 62:01:07:05

Current through Register Vol. 51, page 67, December 16, 2024

Section 62:01:07:05 - Procedure for filling a vacancy on the board

The executive director shall be notified of a vacancy on the board by the vacating board member, by the member's participating unit's governing body, by the member's employer, or by any other board member. Upon the executive director's receipt of notice, the procedure to fill the vacancy shall be as follows:

(1) The executive director shall notify all members of the board of the vacancy;

(2) If circumstances permit, the executive director shall ask the incumbent to recommend a replacement to serve in the incumbent's stead;

(3) If the vacancy is for a trustee to serve on behalf of an employer represented group, the executive director shall notify the governing body of each participating unit affected by the vacancy of the vacancy and request the governing body's input in seeking a qualified candidate. The executive director shall solicit resumes of qualified persons from governing bodies and interested persons. The resumes shall be submitted to the executive director. If a state-wide association exists that is made up of members of the employer represented group, the executive director shall notify the association of the vacancy and request the association's input in seeking a qualified candidate. If the vacancy is for a trustee to serve on behalf of an employee represented group, the executive director shall notify all authorized agents for the group affected by the vacancy of the vacancy and request that all employees affected by the vacancy be advised of the vacancy. Any interested member of the represented group may submit his or her resume to the executive director. If a state-wide association exists that is made up of members of the employee represented group, the executive director shall notify the association of the vacancy and request the association's input in seeking a qualified candidate;

(4) The executive director shall provide to each board member a copy of each resume received; and

(5) At the next board meeting following a sufficient period of time to receive resumes, the board, by secret ballot, shall select a trustee from among those persons who submitted resumes.

S.D. Admin. R. 62:01:07:05

31 SDR 191, effective 5/22/2005; 33 SDR 212, effective 6/4/2007; SL 2016, ch 31, §84, effective 7/1/2016; SL 2019, ch (HB 1011), § 11, effective 7/1/2019; 45 SDR 142, effective 7/1/2019

General Authority: SDCL 3-12C-211.

Law Implemented: SDCL 3-12C-205.