Okla. Admin. Code § 550:1-3-4

Current through Vol. 42, No. 8, January 2, 2025

Section 550:1-3-4 - Election of Board members

(a) Voting procedures for active members. The following procedures shall govern voting for the election of Board members by the active members:

(1) Active members eligible to vote will be notified via email of an upcoming election at least one week prior to the date the election period will begin.

(2) On the date the election period begins, an active member, upon logging on to the System's website, will be directed to a separate electronic member services voting application until the member has voted. The voting application shall include a list of eligible nominees for the Board and instructions on how to vote and submit the vote.

(3) Active members will have three weeks from the date the election period begins to submit a vote. Weekly email reminders shall be sent by the System to the active members during the election period.

(b) Voting procedures for retired members. The following procedures shall govern voting for the election of Board members by the retired members:

(1) Eligible nominees will be placed on the election ballot.

(2) Retired members eligible to receive election ballots and their mailing addresses will be determined at least one week prior to the date the election ballot is to be mailed.

(3) The ballot will be mailed at least three weeks prior to the date the completed ballot must be received by the System's certified public accounting firm. This ballot will instruct voters to return their ballot directly to the certified public accounting firm and will specify the date by which the certified public accounting firm must receive the ballot in order for it to be counted. Self-addressed, postage-paid envelopes will be enclosed to return the ballots. The ballot and return envelope will be placed in individual envelopes addressed to each retired member separately in care of their mailing address on file with the System. The envelopes will be mailed First Class to the retired member. Mailings to retired members will be made to the address used to mail year-end tax notices (1099R). The System shall make no attempt to forward/resend any mailing returned by the United States Postal Service as undeliverable unless it is found that the mailing was sent to an incorrect address due to an administrative error on the part of the System.

(4) Ballots will be pre-numbered and require the individual signature of the voter to be counted. Ballots will be printed on the certified public accounting firm letterhead or watermarked paper.

(5) Votes cast for members other than the nominees contained on the ballot will not be counted.

(6) Ballots returned to the System or some location other than the certified public accounting firm's office will not be counted.

(7) Ballots received after the deadline will not be counted.

(8) Ballots with more than one vote will not be counted.

(9) Ballots which are not signed will not be counted.

(c) Certified public accounting firm procedures for voting by retired members. The certified public accounting firm shall:

(1) Review ballots before mailing. Judgmatically select members listed on the district mailing list and verify that they are to receive a ballot. Judgmatically select ballots and verify that members are listed on correct district mailing list.

(2) Accumulate responses and total results.

(3) Exclude any ballots not received by the certified public accounting firm by the cut-off date, or other spoiled ballots.

(4) Provide the total number of votes cast for each nominee and total available votes to the Oklahoma Police Pension and Retirement Board.

(d) Electronic member services voting application procedures for active members. The electronic member services voting application shall:

(1) Provide a list of eligible nominees and instructions on how to vote and submit the vote.

(2) Accumulate the voting responses based on one vote for each active member.

(3) Close the voting process at the end of the three week election period so that no further votes may be submitted.

(4) Provide a report with the total number of votes cast for each nominee to the Oklahoma Police Pension and Retirement Board.

(e) Oklahoma Police Pension and Retirement System procedures.

(1) For active members, the Oklahoma Police Pension and Retirement System shall:

(A) Create and maintain an electronic member services voting application for the election process.

(B) Send an email notice to each active member regarding the upcoming election at least one week prior to the date the election period begins.

(C) Send weekly email reminders to each active member to vote during the election period.

(2) For retired members, the Oklahoma Police Pension and Retirement System shall:

(A) Prepare the ballot for each district holding an election. Include each nominee's biographical sketch. Photocopy and/or print the ballot on the certified public accounting firm letterhead or watermarked paper.

(B) Post a copy of the ballot in the office of the Oklahoma Police Pension and Retirement System for public view during regular office hours not less than seven business days before the ballot is to be mailed.

(C) Pre-Number each ballot sequentially.

(D) Obtain mailing list for each district conducting an election. The mailing list should contain the name and mailing address of each retired member in the district eligible to receive an election ballot.

(E) Apply the name and mailing address of each retired member on district mailing list on a ballot and place the ballot and a self-addressed return envelope in window envelopes.

(F) After certified public accounting firm has audited the ballots, mail a package to each retired member on district mailing list.

(f) Results of vote.

(1) The System shall combine results provided by the certified public accounting firm and the electronic member services voting application and send notification of election results to nominees via certified mail.

(2) The nominee receiving the highest number of votes, even if this constitutes less than 50% of the total votes cast, will be elected to serve on the Board.

(g) Tie votes. Should two nominees tie for the most votes received, the election will be conducted again between the two nominees.

(h) Election challenge. A nominee has 10 days from the date the nominee receives notice of the election results to provide the System with written notice of a challenge to the results.

(1) Should the election results be timely challenged by a nominee, procedures for determining the winning nominee will be established by the Oklahoma Police Pension and Retirement Board and could include but are not limited to:

(A) Verification of a sample or all of the signatures on the ballots or certification of data collected through the electronic member services voting application.

(B) Re-perform the election with notarized ballots and electronic votes.

(2) The Board may order a new election if the Board, in its discretion, finds that the previous election and/or result was affected by some material impropriety. The new election will be conducted in the same manner as provided by rules with the exception that the Board may establish a revised time frame for the new election.

Okla. Admin. Code § 550:1-3-4

Amended at 14 Ok Reg 1987, eff 5-27-97; Amended at 18 Ok Reg 2759, eff 7-1-01; Amended at 20 Ok Reg 1338, eff 6-1-03; Amended at 21 Ok Reg 1423, eff 6-1-04; Amended at 22 Ok Reg 979, eff 6-1-05; Amended at 25 Ok Reg 1985, eff 7-1-08

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022