N.J. Admin. Code § 17:4-1.13

Current through Register Vol. 56, No. 11, June 3, 2024

Section 17:4-1.13 - Election of retired member-trustee

(a) The election procedures as required by 43:16A-13 for the election of a retired member-trustee to the PFRS Board are set forth within this section. For purposes of this section, the election cycle begins upon distribution of the notice of election and ends with the certification of the results by the PFRS Board.

(b) Eligible candidates shall include all retired members of the PFRS. A retired member is one who meets the criteria set forth in 17:4-6.3(a). All candidates shall comply with any and all requirements as provided by law and this chapter. Any candidate who fails to comply with the law and this chapter is automatically disqualified as a candidate.

(c) The following shall apply to the notice of election:

1. At least six months prior to the expiration of a term of office of a retired member-trustee or immediately upon a vacancy on the Board, a notice shall be prepared and posted to the Division's website and printed in the retiree newsletter. The notice will be sent to the member's last known mailing address and shall inform the members that the instructions for the nominating process are available from the Board Secretary at the Division;

2. The notice of election shall:

i. Advise the retired member of the election;

ii. State the position and term to be filled;

iii. State that the instruction for the nominating process are available from the Board Secretary at the Division;

iv. State the date of the election;

v. Identify all present members of the Board; and

vi. Include any other information regarding a particular election as specified by the Board; and

3. The notice of election shall be provided to each retired member, together with instructions.

(d) The following shall apply to the nominating process:

1. The instructions for the nominating process shall be available at the Office of the Board Secretary of the PFRS;

2. A member who is seeking the nomination to be a candidate for an elected position shall prepare a written letter of interest and submit it to the Board Secretary. The Board Secretary will verify the eligibility of a member to be a candidate. If the member qualifies as a candidate, the Office of the Board Secretary shall then forward instructions regarding the nominating process;

3. The nominating instructions for retired member-trustees shall explain that at least 100 retired members who are eligible to vote for the positions are required to register their nominations for the candidate through a designated website or, if necessary, a signed paper petition;

4. The form shall explain that a retired member shall nominate only one candidate seeking the retired-member trustee position;

5. The last date for nominating a candidate shall be identified, as well as the approximate date the election packets shall be sent to the retired members;

6. If only one candidate is nominated for the position, the candidate shall be deemed elected to the position without balloting. A notice on the Division's website shall be posted indicating no contest since only one candidate was nominated; and

7. If no candidates qualify for the position, the position will remain vacant until the next election cycle and will be vacant for the remainder of the unexpired term.

(e) The following shall apply to the distribution of the election packets:

1. The Board reserves the right to authorize a vendor to collect votes through one or more of the following election processes. All eligible retired members shall have an opportunity to cast a ballot through one of the following:

i. Telephone (voice retrieval system-electronic vote);

ii. Internet access (electronic vote); or

iii. Paper ballot (postage-paid, self seal return mailer);

2. For each eligible retired voter as defined within 17:4-6.3(a) there shall be forwarded to him or her an election packet, which shall include the following information and instructions:

i. The name of the eligible voter, pension retirement number, ballot number and personal identification number (PIN);

ii. The closing date of the election;

iii. The name of each candidate nominated, including a biographical sketch listing the candidate's background and former employer;

iv. Instructions on how to properly cast a vote, including notification that shall advise the member that mutilated ballots, illegible ballots, ballots with write-in votes, ballots with multiple votes or ballots where it cannot be determined for whom the member intended to vote shall be declared invalid and not considered in the final election count;

v. Instruction on how to properly cast an electronic vote;

vi. Instruction on proper use of the PIN number;

vii. Notification that the candidate receiving a plurality of the legal votes cast shall be declared elected to the position;

viii. Notification that the first vote cast shall be counted as the official vote and subsequent votes shall be rejected; and

ix. A statement regarding the confidentiality and security used by the vendor to protect the election process against fraudulent and/or multiple voting;

3. The positions listed on the ballot shall be determined by a drawing conducted at a time and place determined appropriate by the Board Secretary. All candidates may attend such drawing by contacting the Board Secretary;

4. The candidate receiving the highest number of legal votes shall be deemed to be elected to that position;

5. The Secretary of the Board shall oversee the election procedure to ensure that the vendor complies with all of the requirements and assures the validity of the final election count;

6. The candidates for election whose names are printed upon the ballots shall be invited to attend the presentation of the final results of the election.

(f) The following shall apply to biographical information:

1. An informational sheet of biographical information regarding each candidate shall be prepared by the candidate and submitted to the Board Secretary;

2. The Board Secretary shall inform each candidate that the biographical information shall be included with the election packet;

3. The biographical information on each candidate shall be included on the ballot and provided to those eligible to vote as part of the election packet; and

4. Endorsements are not permitted in the biographical information.

(g) The following apply to vote tabulation:

1. Only a member's first vote shall be counted as the official electronic or paper ballot. All duplicate or subsequent votes shall be considered invalid and not included in the final election count;

2. The candidate receiving the highest number of all legal votes contained in (e) and (f) above shall be deemed to be elected to the position;

3. The Secretary of the Board shall oversee the election process to ensure that the vendor complies with all of the requirements and to assure the validity of the final election count; and

4. The eligible candidates for the election shall be invited to the presentation of the final results of the election.

(h) The following shall apply to recount procedures:

1. Any candidate or member who shall have reason to believe that an error has been made in counting or declaring the vote may request in writing, within 20 days of the certification of the results of the election, that the Board at its next regular meeting or at a special meeting, hold a hearing to consider the request and determine whether a recount shall be held. The Board shall notify all candidates of its decision within 10 days thereafter. At such hearing, any member of the Board who is a candidate on the contested ballot shall not vote in the Board's decision on the request. Candidates on the contested ballot shall be invited to attend the Board's meeting and may present evidence to support their beliefs;

2. If a candidate or other interested party requests a recount within the prescribed time, this request shall be reviewed and granted by the Board if a recount could possibly affect the results of the election. All ballots received shall then be recounted and the recount shall be supervised by the Board Secretary. The Board Secretary shall certify the results of the recount to the Board. If a recount is not requested within 20 days, the ballots may be destroyed; and

3. Upon election and the taking of an oath of office, a retired police and fire member-trustee shall serve for a term of four years. In the event that no member is certified as the winner of an election, the incumbent trustee shall serve until a successor is certified by the Board.

(i) In the event the victorious candidate dies or is unable or unwilling to serve as such retired 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. For purposes of this provision, a retired member-trustee's term begins upon the taking of the oath of office.

N.J. Admin. Code § 17:4-1.13

New Rule, R.1997 d.28, effective 1/21/1997.
See: 28 N.J.R. 1605(b), 29 N.J.R. 376(a).
Amended by R.2004 d.27, effective 1/20/2004.
See: 35 N.J.R. 4456(a), 36 N.J.R. 439(a).
In (d), deleted "signature" following "100 retired members" in 3 and inserted "or retirement number" following "social security number" throughout 4; rewrote (e).
Amended by R.2005 d.231, effective 7/18/2005.
See: 37 N.J.R. 570(a), 37 N.J.R. 2686(a).
Rewrote the section.
Amended by R.2011 d.235, effective 9/6/2011.
See: 43 N.J.R. 1177(a), 43 N.J.R. 2364(b).
Rewrote the section.