OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM 277 EAST TOWN STREET, COLUMBUS, OH PERS (7377)

Transcription

1 OHIO PUBLIC EMPLOYEES RETIREMENT SYSTEM 277 EAST TOWN STREET, COLUMBUS, OH PERS (7377) MEMORANDUM DATE: August 4, 2006 TO: FROM: OPERS Retirement Board Members Karen Carraher, Director-Finance Julie E. Becker, General Counsel RE: IV. Action Items: A. Election Protest Depending upon your decision, you may make either of the suggested motions: moved, seconded, to find the election protest is valid, and to instruct that Mr. Maldonado s name be added as a candidate on the 2006 College/University election ballot. moved, seconded, to find that the election protest is invalid, and to deny the request to add Mr. Maldonado s name as a candidate on the 2006 College/University election ballot. Summary: Mr. Ivan Maldonado filed a protest for failing to qualify on the College/University ballot in the 2006 Board election (Exhibit A). Mr. Maldonado did not obtain the sufficient number of qualifying signatures in the required number of Ohio counties. The law requires at least 20 validated signatures in at least 10 Ohio counties. Mr. Maldonado did not meet this requirement in 5 of the 10 submitted counties. Applicable Law and Background: Per Ohio Revised Code (C), one of the five employee members of the Board shall be a university or college employee member of the system, who shall be elected by ballot by the university and college employee members of the system. Pursuant to Ohio Revised Code (C), any member of the public employees retirement system, except a member who is receiving a disability benefit, is eligible for election as an 1

2 employee member of the board to represent the employee group that includes the member, provided that the member has been nominated by a petition that is signed by at least five hundred members of the employee group to be represented, including not less than twenty such signers from each of at least ten counties of the state and certified in accordance with rules adopted by the board. According to Ohio Admin. Code (B)(2)(b), any member, except a member receiving a disability benefit who is not otherwise ineligible under Chapter 145, may be nominated to represent the employee group to which the member belongs by submitting petitions that contain at least five hundred valid nominating signatures. Petitions for an employee representative candidate shall contain not less than twenty signers of members from each of at least ten counties in Ohio. The member s place of employment shall determine the county for such member. Ohio Admin. Code (B)(2)(c) provides that members shall be eligible to sign a petition for the employee representative candidate if they are contributing members under an employing unit which would be represented by the candidate as of June thirtieth of the election year. According to Ohio Admin. Code (4)(b), petition signatures shall be verified based on the records of the retirement system and the requirements of Chapter 145 of the Revised Code. Signatures that cannot be conclusively verified shall not be counted. The College/University nominating petition instructions state that [w]e prefer that you include your Social Security number. In order for your signature to count toward this candidate s total, you must at least include the last 4 digits of your Social Security number and your home address. (Exhibit B). Mr. Maldanodo submitted petitions with a total of 557 signatures. However there were not at least 20 sufficient signatures in at least 10 Ohio counties. 5 out of the required 10 counties had 19 instead of at least 20 validated signatures. A copy of the Election Petition Validation Summary sheet and Signature Validation Procedures are attached (Exhibits C and D). Some of the signatures were not validated for the following reasons: The member provided the last 4 digits of their social security number, however they provided their employer s address; OPERS could not match the address provided by the member. Protest: Pursuant to Ohio Administrative Code (D), OPERS staff notified Mr. Maldonado that he did not obtain sufficient signatures and that he could submit a written protest within five calendar days. Mr. Maldonado filed his protest on August 4, (Exhibits E and A). 2

3 The rule provides that the protest shall be heard at the Board s next meeting. The protesting individual may present any information and/or documents relevant to the protest for the board s consideration. Pursuant to the rule, if the Board determines that the protest is valid, it shall certify the candidate for that representative group election. The Board s decision on the sufficiency of the individual s petitions is final. 3

4

5

6

7

8

9

10