5 CCR s 24008

Cal. Admin. Code tit. 5, s 24008

CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 3. TEACHERS' RETIREMENT SYSTEM
CHAPTER 1. TEACHERS' RETIREMENT SYSTEM
ARTICLE 13. ELECTION OF MEMBERS TO THE TEACHERS' RETIREMENT BOARD
This database is current through 02/09/07, Register 2007, No. 6
s 24008. Protest of an Election.

A candidate in the affected Board member election may protest an election
by filing a written protest with the Election Coordinator at the
headquarters office of the System within ten business days following the
mailing of the certified election results for an election or a recount,
otherwise, there shall be no opportunity for filing a protest and the
certified election results shall stand as the final election results. The
written protest shall be identified using the word "protest", shall
specify the election, and shall state the grounds of the protest and
suggested remedy.

Upon receipt of a valid and timely protest, the Election Coordinator shall
mail a copy of the request to all candidates in the election and notify
the Board and other interested parties that a protest has been filed.

An ad-hoc committee of the Board consisting of an odd number of members no
fewer than three shall determine, what remedy, if any, shall be granted to
the candidate filing the protest. No Board member who is a candidate in
the election under protest, or has endorsed a candidate in the election
under protest may become a member of the committee or participate in its
selection.

The Board chairperson shall appoint Board members to the committee. If the
Board chairperson is a candidate or has endorsed a candidate in the
election under protest, the Board vice chairperson shall appoint Board
members to the committee. If the Board vice chairperson is a candidate or
has endorsed a candidate in the election under protest, the Board shall
appoint from its number, members to the committee at its next regularly
scheduled meeting.

If a minimum of three Board members are not eligible to participate on the
ad-hoc committee, or if a majority of the full Board, excluding candidates
but including endorsers of candidates so directs, the protest shall
instead be determined by a panel of three arbitrators in accordance with
the provisions below, the laws of the State of California, and the Labor
Arbitration rules of the American Arbitration Association (AAA) in effect
at the time, to the extent the AAA rules are not in conflict with these
regulations. One member of the panel shall be selected by the protesting
candidate, one member of the panel shall be selected by the successful
candidate, and the third member, who shall serve as chair, shall be
selected by the first two panel members.

The committee may consider written and/or oral arguments submitted by the
candidate filing the protest and any other interested party, in making its
determination. Any oral proceedings by the committee shall be held in the
Board's meeting room and be open to the public. Other procedures,
including those for receiving and considering arguments and factual
allegations, shall be determined by the committee or arbitration panel in
its sole discretion.

The determination of the committee or arbitration panel shall be rendered
within 30 calendar days of its appointment and shall be final and binding
on the System and candidates for office. The committee or arbitration
panel shall declare the election under protest void, and the position
vacant, only upon a finding that Board-adopted election procedures were
not substantially followed and that, without this lack of substantial
compliance, the election outcome would likely have been different.

The filing of a protest shall not delay the seating of an elected Board
member. Such elected Board member shall take office on either the day
provided for by statute or immediately, if elected to fill a vacancy,
subject to the potential termination of such Board membership as a result
of the protest. Any newly elected member, as the result of a protest,
shall hold office for a period equal to the remainder of the term of the
vacated office.

Note: Authority cited: Section 22200.5, Education Code.
Reference: Section 22200, Education Code.

HISTORY

1. New section filed 5-15-2003; operative upon adoption by the Teachers'
Retirement Board 3-6-2003. Submitted to OAL for printing only (Register
2003,
No. 20).

5 CCR s 24008, 5 CA ADC s 24008
1CAC

5 CA ADC s 24008

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