Section 554.6 - Candidate Statements(a) Each candidate for an elective Board member position may provide a candidate statement including the candidate's name, the word "Incumbent" when the candidate is the incumbent in the position for which the election is being held, job classification, employer (or employer at retirement), years of CalPERS-covered service, and a general statement of no more than 300 words. The statement must be truthful, and shall contain no obscene, vulgar, profane, libelous or defamatory assertions or information. The statement shall not include any remarks or questions that are inherently misleading, including rhetorical remarks.(b) The candidate statement shall be filed with the Election Coordinator at the time the candidate accepts nomination. Once filed, candidate statements may not be changed or withdrawn except as provided herein.(c) Within seven calendar days (or the next working day if the deadline falls on a weekend or holiday) following the end of the nomination period, the Election Coordinator shall distribute all candidate statements to each candidate in the respective contest. Each candidate shall have 10 calendar days (or the next working day if the deadline falls on a weekend or holiday) after the distribution of the candidate statements to submit an addendum to their candidate statement of no more than 300 words. No addenda may change the initial candidate statement, but addenda, if any, shall be in addition to the initial candidate statement. The Election Coordinator shall, within seven calendar days (or the next working day if the deadline falls on a weekend or holiday) after the date in which all addenda are due, provide all candidates in each respective election with all the candidate statements including addenda if any.(d) As part of a candidate statement, a candidate is urged, but not required to provide answers to the following questions:(1) Why do you want to be a CalPERS Board member?(2) What are your qualifications to hold the position of CalPERS Board member?(3) What are the issues of greatest importance to CalPERS?(4) What actions would you take to address the issues of greatest importance to CalPERS?(5) What would you do to enhance the organization?(6) Within the past five (5) years, have you had any financial hardships, such as bankruptcy filings, insolvencies, assignments for the benefits of creditors, monetary judgements, liens and attachments, wage garnishments, notices of foreclosure, or similar hardships? If yes, please explain the nature of the hardship and how it was resolved.(7) Have you ever been subject to any legal or employment actions on the grounds of discrimination or sexual harassment? If yes, please explain the nature of the legal or employment action and how it was resolved.(8) Do you have any conflicts of interest that could impact your role as a CalPERS Board Member? If yes, please explain the nature of the conflict(s) and how you would address it (them) if you are elected to the Board.(9) Will you maintain the confidentiality of all non-public information that you receive in your position on the CalPERS Board?(e) No statement may be changed or withdrawn, except that:(1) a candidate who withdraws from the election may withdraw his/her statement at any time prior to printing, or,(2) a candidate statement may be modified in accordance with a determination of an arbitration conducted in accordance with subdivision (f) below.(f) Any controversy or claim arising out of or relating to a proposed candidate's statement's compliance with the provisions of this section shall be determined by a third-party arbitrator conducting arbitration in accordance with the laws of the State of California and as provided below, and the Labor Arbitration rules of the American Arbitration Association (AAA) in effect on November 15, 2000, to the extent the AAA rules are not in conflict with this subdivision. (1) A written request for arbitration related to any candidate's statement must be filed with CalPERS Election Coordinator by a candidate not later than 5 working days after the Election Coordinator's mailing of candidate statements and addenda, if any, pursuant to subdivision (c) above. Upon the Election Coordinator's receipt of a request for arbitration, the Board or its delegate shall designate an independent, neutral third-party arbitrator to administer the arbitration. No board member who is a candidate for election that is the subject of the arbitration may participate in the selection of the arbitrator except as specified in subdivisions (2-6) below.(2) A request for arbitration shall set forth the nature of the controversy or claim, a brief statement of the basis of the controversy or claim, and the remedy sought.(3) Upon receipt of a request for arbitration under this section, the Election Coordinator shall mail a copy of the request to all candidates for the same seat and to the third-party arbitrator. Within seven days of mailing the request for arbitration by the Election Coordinator, any candidate for the seat that is the subject of the arbitration may request to participate in the arbitration by filing a written request with the Election Coordinator, which the Coordinator shall promptly forward to the third party arbitrator. The candidate that submitted the request for arbitration will be a participant notwithstanding whether he or she submits a notice of participation.(4) The third-party arbitrator shall promptly submit simultaneously to each party requesting to participate an identical list of names of three persons chosen from its panel of arbitrators. Each party shall have seven days from the date the list is submitted in which to file an objection with the third-party arbitrator to any name, number the remaining names to indicate order of preference, and return the list to the third-party arbitrator. From among the persons for whom no objection has been filed, and in accordance with the designated order of preference, the third-party arbitrator shall invite an arbitrator to serve. If every proposed arbitrator receives an objection, or if the arbitrator selected declines or is unable to act, or if for any other reason the appointment cannot be made from the submitted lists, the third-party arbitrator shall make the appointment from among other members of the arbitrator's panel without the submission of any additional list.(5) Any arbitration shall be held in the City of Sacramento. Any candidate for the same office may participate in the arbitration by filing notice with CalPERS. The determination of the arbitrator shall be rendered within 30 days of selection of an arbitrator and shall be final and binding on CalPERS and candidates for office.(6) Each candidate participating in the arbitration shall bear its own expenses in connection with the preparation and presentation of his or her case at the arbitration proceedings. The fees and expenses of the arbitrator and all other expenses of the arbitration shall be borne equally by each candidate participating in the arbitration.(g) The Election Coordinator shall distribute all deadlines and instructions related to candidate statements in writing to all candidates.(h) Nothing in this section shall be deemed to make candidate statements or the authors thereof free or exempt from any civil or criminal action or penalty because of any statements offered for printing or distributed to voters. Information contained in the statement or addenda is the sole responsibility of the candidate. CalPERS accepts no responsibility for the validity of the candidate statement or addenda, or the contents thereof.Cal. Code Regs. Tit. 2, § 554.6
1. New section filed 7-2-82; effective thirtieth day thereafter (Register 82, No. 27).
2. Amendment filed 7-9-84; effective thirtieth day thereafter (Register 84, No. 28).
3. Amendment filed 8-9-94; operative 9-8-94 (Register 94, No. 32).
4. Amendment filed 7-17-95 as an emergency; operative 7-17-95 (Register 95, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-14-95 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-17-95 order transmitted to OAL 10-27-95 and filed 12-1-95 (Register 95, No. 48).
6. Amendment of NOTE filed 8-24-98; operative 9-23-98 (Register 98, No. 35).
7. Amendment of section heading and section filed 11-30-2000 as an emergency; operative 11-30-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-30-2001 or emergency language will be repealed by operation of law on the following day.
8. Change without regulatory effect correcting subsection (a) of 11-30-2000 emergency action filed 12-18-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 51).
9. Pursuant to the order of the Superior Court of California, Court of Sacramento, dated April 20, 2001, in California State Employees Association, Local 1000, SEIU, AFL-CIO, CLC v. Public Employees Retirement System, et al., No. 00CS01662, the emergency amendment filed 11-30-2000 has been invalidated and is unenforceable until adopted in full compliance with the Administrative Procedure Act. Reinstatement of section as it existed prior to 11-30-2000 emergency amendment (Register 2001, No. 22).
10. Amendment of section heading, section and NOTE adopted by CalPERS Board 3-21-2001; submitted to OAL and filed 8-2-2001; operative 1-16-2002 (Register 2001, No. 31).
11. Change without regulatory effect designating last two paragraphs as subsections (c) and (d) filed 7-11-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 28).
12. Renumbering of former section 554.6 to section 554.8 and renumbering and amendment of former section 554.4 to section 554.6 filed 11-10-2016; operative 1-1-2017 (Register 2016, No. 46).
13. Amendment of subsection (d), new subsections (d)(6)-(9) and amendment of subsections (f)(1) and (f)(3) filed 11-24-2020; operative 1-1-2021 (Register 2020, No. 48). Note: Authority cited: Section 20121, Government Code. Reference: Section 20096, Government Code.
1. New section filed 7-2-82; effective thirtieth day thereafter (Register 82, No. 27).
2. Amendment filed 7-9-84; effective thirtieth day thereafter (Register 84, No. 28).
3. Amendment filed 8-9-94; operative 9-8-94 (Register 94, No. 32).
4. Amendment filed 7-17-95 as an emergency; operative 7-17-95 (Register 95, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-14-95 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 7-17-95 order transmitted to OAL 10-27-95 and filed 12-1-95 (Register 95, No. 48).
6. Amendment of Note filed 8-24-98; operative 9-23-98 (Register 98, No. 35).
7. Amendment of section heading and section filed 11-30-2000 as an emergency; operative 11-30-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-30-2001 or emergency language will be repealed by operation of law on the following day.
8. Change without regulatory effect correcting subsection (a) of 11-30-2000 emergency action filed 12-18-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 51).
9. Pursuant to the order of the Superior Court of California, Court of Sacramento, dated April 20, 2001, inCalifornia State Employees Association, Local 1000, SEIU, AFL-CIO, CLC v. Public Employees Retirement System, et al., No. 00CS01662, the emergency amendment filed 11-30-2000 has been invalidated and is unenforceable until adopted in full compliance with the Administrative Procedure Act. Reinstatement of section as it existed prior to 11-30-2000 emergency amendment (Register 2001, No. 22).
10. Amendment of section heading, section and Noteadopted by CalPERS Board 3-21-2001; submitted to OAL and filed 8-2-2001; operative 1-16-2002 (Register 2001, No. 31).
11. Change without regulatory effect designating last two paragraphs as subsections (c) and (d) filed 7-11-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 28).
12. Renumbering of former section 554.6 to section 554.8 and renumbering and amendment of former section 554.4 to section 554.6 filed 11-10-2016; operative 1/1/2017 (Register 2016, No. 46).
13. Amendment of subsection (d), new subsections (d)(6)-(9) and amendment of subsections (f)(1) and (f)(3) filed 11-24-2020; operative 1/1/2021 (Register 2020, No. 48).