(a) The board of trustees. The fund shall be administered by the board. The board shall consist of 13 trustees designated as Place 1, Place 2, Place 3, Place 4, Place 5, Place 6, Place 7, Place 8, Place 9, Place 10, Place 11, Place 12 and Place 13, respectively. A trustee’s term shall be for two years, subject to this section. Trustees shall be elected as follows.
(1) Trustees elected by employees.
a. Election. Four trustees who are vested, participating members of the fund, as defined by Tex. Revised Civil Statutes Article 6243i, shall be elected by the employees of the city, who are also members of the fund; said trustees shall serve in Places 1, 2, 3 and 4 respectively.
b. Employee groups. Each of the trustees shall be elected by one of the employee groups as follows:
1. Place 1. The trustee for Place 1 shall be elected from group A, which shall consist of those members of the fund who are employed as group III and group IV members as defined by this division. Only group III and group IV members who qualify for employee group A shall be eligible to vote for a nominee for Place 1. Only group III and group IV members who qualify for employee group A shall be eligible to serve in Place 1 on the board.
2. Place 2. The trustee for Place 2 shall be elected from group B, which shall consist of those members of the fund who are employed as firefighters. Only firefighters who qualify for employee group B shall be eligible to vote for a nominee for Place 2. Only firefighters who qualify for employee group B shall be eligible to serve in Place 2 on the board.
3. Place 3. The trustee for Place 3 shall be elected from group C, which shall consist of those group I and group II members who are assigned to work in the following departments: water, planning and development, budget, financial management services, city manager’s office, city secretary, human resources, internal audit, city attorney’s office and municipal court, including the marshal’s office. Group C shall also include group I and group II members assigned to work in the police department who are not eligible to vote for a nominee for Place 1. Only group I and group II members who qualify for employee group C shall be eligible to vote for a nominee for Place 3. Group I and group II members who qualify for employee group C shall be eligible to serve in Place 3 on the board.
4. Place 4. The trustee for Place 4 shall be elected from group D, which shall consist of those group I and group II members who are assigned to work in the following departments: IT solutions, economic development, neighborhood services, library, parks and community service, public events, aviation, code compliance, property management and transportation and public works. Group D shall also include group I and group II member assigned to work in the fire department who are not eligible to vote for a nominee for Place 2. Only group I and group II members who qualify for employee group D shall be eligible to vote for a nominee for Place 4. Only group I and group II members who qualify for employee group D shall be eligible to serve in Place 4 on the board.
c. Term. In accordance with the nomination and election procedures prescribed in this section, trustees shall be elected to Places 1, 2, 3 and 4, and shall serve for a two-year term, subject to the following provisions. Trustees for Places 1 and 3 shall be elected every odd numbered year beginning in 2007, and shall serve from September 1 of such odd numbered year through August 31 of the next odd numbered year. Trustees for Places 2 and 4 shall be elected in 2007 to serve a term from September 1, 2007 through August 31, 2008. Thereafter, the trustees for Place 2 and 4 shall be elected every even numbered year and shall serve from September 1 of such even numbered year through August 31 of the next even numbered year. Should the employment status of any member elected trustee change so that said trustee is no longer a member of the employee group from which the trustee was elected, then said trustee shall automatically forfeit the office of trustee. Should a vacancy occur, for whatever reason, in Place 1, 2, 3 or 4, during the term thereof, then a majority of all trustees remaining on the board shall appoint to the board a qualified member from the employee group whose place has been vacated, which qualified member shall serve the remainder of the unexpired term; provided, however, that if, at the time the vacancy arises, more than one year remains in the unexpired term, then in lieu of the board appointing a replacement trustee, there shall be an election pursuant to the nomination and election provisions set forth below, with the board making reasonable modifications in the dates and time frames for the nomination and election in light of the time of the vacancy.
d. Method of nominating members for election. Nominations of members for election to the board shall be by petition only. Before May 31 of each election year, the executive director shall make available to members of each employee group eligible to vote in the scheduled election petition forms with written instructions. Petitions containing the names of nominees shall be returned to the executive director prior to July 1 of said election year. Nominees may use copies of the petition form or may create their own petition forms, provided each page of each returned petition shall identify the name of the nominee, the department in which the nominee is employed, the employee group of which the nominee is a member, and the place on the board for which the member is being nominated. No person’s name shall be placed upon the official ballot as a nominee unless that person is nominated by petition. Said nominating petition must contain the signature and employee number of at least 75 members of the employee group who are qualified to vote for said place on the date said petition is submitted to the executive director. Only those employees who are members of the fund shall be entitled to be listed upon the official ballot as a nominee. No person’s name shall be placed upon the official ballot as a nominee for Place 1 unless that person is a member of employee group A. No person’s name shall be placed upon the official ballot as a nominee for Place 2 unless that person is a member of employee group B. No person’s name shall be placed upon the official ballot as a nominee for Place 3 unless that person is a member of employee group C. No person’s name shall be placed upon the official ballot as a nominee for Place 4 unless that person is a member of employee group D.
e. Method of electing member trustees.
1. The executive director shall provide for an election procedure as authorized by the board, including, but not limited to, voting by mail, telephone and electronic means, and which may be conducted by a third-party voting service. The executive director shall prepare an official ballot for each place, listing in alphabetical order according to surname the nominees for election to that place. If, however, there is only one nominee for any place, there shall be no election for that place, and such nominee shall automatically be elected to the board. Only the names of those members who are nominated by petition as prescribed herein shall be placed upon the official ballot. No member shall be elected as a trustee whose name does not appear upon the official ballot as a nominee. Ballots shall be made available to the members no later than July 20 of the election year. Each member qualified to vote in said election shall vote for one nominee only. Any ballot containing votes for two or more persons, or for persons who are not nominees as prescribed herein, shall be declared invalid and shall not be counted. All ballots must be cast no later than August 15. Votes cast by written ballot must be returned no later than August 15 of the election year. If the ballot is returned by mail, the envelope must be postmarked by August 15 of the election year. The executive director or a designated third party shall tabulate all votes for all nominees. The nominee for each place who receives a majority of the votes cast for that place shall be declared elected to the board. Following the tabulation of votes, the executive director shall submit the results to the board at a meeting to be held before September 1 of said election year, at which time the board shall canvass the results of said election and certify which nominee is elected for each place on the board. If, at the time of canvassing said results, the nominee receiving the majority of votes for said place is no longer eligible to serve in the place to which that nominee was elected, then the nominee finishing second in the election shall be certified by the board as elected to the board.
2. If there is more than one nominee and no nominee receives a majority of the votes cast for any one place, or if there is a tie for any one place, then a run-off election shall be held, with ballots made available to the members qualified to vote for that place no later than September 1 of the election year, and in the same manner as prescribed for the first election. Only the names of candidates who tied for the highest number of votes cast for that place in the first election, or the two candidates who received the highest number of votes with neither having a majority of votes cast for that place, shall be printed on the ballot for the run-off election. All ballots for the second election must be cast by September 20 of the election year. Votes cast by written ballot must be returned by September 20. If a ballot is returned by mail, the envelope must be postmarked by September 20. The executive director or a designated third party shall tabulate the votes for the candidates in the run-off election. The candidate receiving the highest number of votes cast for that place in the run-off election shall be declared elected to the board.
3. In the event of a tie vote at the second election, the candidates who tie shall cast lots in the presence of the board to determine which one shall be declared elected. Following the tabulation of votes in the run-off election, and the casting of lots in case of ties, the executive director shall submit the results of same to the board at a meeting to be held before November 1 of said election year, at which time the board shall canvass the results of the run-off election and certify which nominee is elected to the board. If, at the time of canvassing the results of the run-off election, the nominee elected to serve on said board is no longer eligible to serve in the place to which he or she was elected, then the nominee finishing second in the election shall be certified by the board as elected to the board.
(2) Trustees elected by retired members.
a. Places.
1. Place 5. The trustee for Place 5 shall be elected by retiree group B, which shall consist of those retired members of the fund from employee group B. Only members of the fund who qualify for retiree group B shall be eligible to vote for a nominee for Place 5. Only members of the fund who qualify for retiree group B shall be eligible to serve in Place 5 on the board.
2. Place 6. The trustee for Place 6 shall be elected by retiree group A, which shall consist of those retired members of the fund from employee group A. Only members of the fund who qualify for retiree group A shall be eligible to vote for a nominee for Place 6. Only members of the fund who qualify for retiree group A shall be eligible to serve in Place 6 on the board.
3. Place 7. The trustee for Place 7 shall be elected by retiree group C, which shall consist of those retired members of the fund from employee groups C and D. Only members of the fund who qualify for retiree group C shall be eligible to vote for a nominee for Place 7. Only members of the fund who qualify for retiree group C shall be eligible to serve in Place 7 on the board.
b. Term. In accordance with the nomination and election procedures prescribed in this section, a trustee shall be elected for Places 5, 6 and 7, and shall serve for a two-year term. The trustee for Place 6 shall be elected to serve a term from September 1, 2007 through August 31, 2008. Thereafter, the trustee for Place 6 shall be elected every even numbered year and shall serve from September 1 of such even numbered year through August 31 of the next even numbered year. Trustees for Places 5 and 7 shall be elected every odd numbered year beginning in 2007, and shall serve from September 1 of such odd numbered year through August 31 of the next odd numbered year. Should a trustee for Place 5, 6 or 7 return to city employment and again become an employee member of the fund, the trustee shall automatically forfeit the office of trustee for Place 5, 6 or 7. Should a vacancy occur in Place 5, 6 or 7, during the term thereof, then a majority of all trustees remaining on the board shall appoint to the board a retired member of the applicable retiree group, to serve the remainder of the unexpired term.
c. Nomination of retired members for election. Nomination of retired members for election to the board shall be by letter of nomination only. Before May 31 of each election year, the executive director shall make available to retired members official letter of nomination forms with written instructions. Copies of the letter of nomination may be used. Completed letters of nomination shall be returned to the executive director prior to July 1 of each election year. Each returned letter of nomination shall identify the retired member being nominated and the place for which the retired member is being nominated and must contain the signature and the last four digits of the Social Security number of the retired member making the nomination. Any member of retiree group A receiving at least 25 nominations from retiree group A shall be considered a nominee for election to Place 6 on the board. Any retired member of retiree group B receiving at least 25 nominations from retiree group B shall be considered a nominee for election to Place 5 on the board. Any member of retiree group C receiving at least 25 nominations from retiree group C shall be considered a nominee for election to Place 7 on the board. No person shall be placed on the ballot as a nominee unless the person is a retired member who is nominated by the process detailed above.
d. Election of retired board members.
1. The executive director shall provide for an election procedure as authorized by the board, including, but not limited to, voting by mail, telephone and electronic means, and which may be conducted by a third-party voting service. The executive director shall prepare official ballots for the election of the retired board members, listing the nominees in alphabetical order by surname. Ballots for election of retired board members shall be made available to all retired members in retiree group A, B and C no later than July 20. If there is only one nominee for Place 5, there shall be no election for Place 5 and the one nominee shall automatically be elected to the board. If there is only one nominee for Place 6, there shall be no election for Place 6 and the one nominee shall automatically be elected to the board. If there is only one nominee for Place 7, there shall be no election for Place 7 and the one nominee shall automatically be elected to the board. No person shall be elected as trustee whose name does not appear on the official ballot as a nominee. To be considered valid, a ballot must be cast no later than August 15 of the election year. Votes cast by written ballot must be returned no later than August 15 of the election year. If the ballot is returned by mail, the envelope must be postmarked by August 15 of the election year. Each retired member qualified to vote in the election shall vote for one nominee only. Any ballot containing votes for two or more persons, or for persons who are not nominees as provided herein, shall be declared invalid and shall not be counted. The executive director or a designated third party shall tabulate all votes for all nominees. The nominees for each place receiving a majority of votes cast shall be declared elected to the board of trustees. Following the tabulation of votes, the executive director shall submit the results of same to the board meeting to be held before September 1 of the election year, at which time the board shall canvass the results of the election and certify which nominees are elected to the board. If, at the time of canvassing the results, a nominee receiving the majority of votes is no longer eligible to serve, then the nominee receiving the second highest number of votes from the appropriate retiree group will fill Place 5, 6 or 7 on the board. That member shall serve from September 1 of the election year through August 31 of the next election year for that place.
2. If there is more than one nominee for a place and no nominee receives a majority of the votes cast, or if there is a tie, then a run-off election shall be held, with ballots made available to the retired members for that place no later than September 1 of the election year and in the same manner as prescribed for the first election. Only the names of candidates who tied for the highest number of votes cast for that place in the first election, or the two candidates who received the highest number of votes with neither having a majority of votes cast, shall be printed on the ballot for the run-off election. All ballots for the second election must be cast by September 20 of the election year. Votes cast by written ballot must be returned by September 20 of the election year. If a ballot is returned by mail, the envelope must be postmarked by September 20 of the election year. The executive director or a designated third party shall tabulate the votes for the candidates in the run-off election. The candidate receiving the highest number of votes cast in the run-off election shall be declared elected to the board of trustees. In the event of a tie vote at the second election, the candidates who tie shall cast lots in the presence of the board of trustees to determine which one shall be declared elected.
3. Following the tabulation of votes in the run-off election, and the casting of lots in case of ties, the executive director shall submit the results of same to the board at a meeting to be held before November 1 of said election year, at which time the board shall canvass the results of the run-off election and certify which nominee is elected to the board. If, at the time of canvassing the results of the run-off election, the nominee elected to serve on said board is no longer eligible to serve, then the nominee receiving the second highest number of votes from the appropriate retiree term will fill Place 5, 6 or 7 on the board. That member shall serve from September 1 of the election year to August 31 of the next election year for that place.
(3) Trustees appointed by the governing body.
a. Place 8. The trustee for Place 8 shall be a resident of the city. A person appointed under this section may not be a member of the governing body. The trustee for Place 8 shall be appointed by a majority vote of the governing body to serve a term initially commencing September 1, 2007 and ending August 31, 2008. Thereafter, the person appointed by the governing body shall serve a term of two years (unless removed sooner by a majority vote of the governing body) commencing on September 1 of every even numbered year and ending August 31 of the next even numbered year. Should a vacancy occur in Place 8, then governing body, by majority vote, shall appoint another eligible resident of the city to serve the remainder of the unexpired term.
b. Place 9. The trustee for Place 9 shall be a resident of the city. A person appointed under this section may not be a member of the governing body. The trustee for Place 9 shall be appointed by a majority vote of the governing body to serve a term of two years (unless removed sooner by a majority vote of the governing body) commencing on September 1 of every odd numbered year through August 31 of the next odd numbered year. Should a vacancy occur in Place 9, then governing body, by a majority vote, shall appoint another eligible resident of the city to serve the remainder of the unexpired term.
c. Place 10. The trustee for Place 10 shall be a resident of the city. A person appointed under this section may not be a member of the governing body. The trustee for Place 10 shall be appointed by a majority vote of the governing body to serve a term initially commencing on September 1, 2007, and ending August 31, 2008. Thereafter, the person appointed by governing body shall serve a term of two years (unless removed sooner by a majority vote of the governing body) commencing on September 1 of every even numbered year through August 31 of the next even numbered year. Should a vacancy occur in Place 10, then governing body, by a majority vote, shall appoint another eligible resident of the city to serve the remainder of the unexpired term.
d. Place 11. The trustee for Place 11 shall be a resident of the city. A person appointed under this section may not be a member of the governing body. The trustee for Place 11 shall be appointed by a majority vote of the governing body to serve a term of two years (unless removed sooner by a majority vote of the governing body) commencing on September 1 of every odd numbered year through August 31 of the next odd numbered year. Should a vacancy occur in Place 11, then governing body, by a majority vote, shall appoint another eligible resident of the city to serve the remainder of the unexpired term.
e. Place 12. The trustee for Place 12 shall be a resident of the city. A person appointed under this section may not be a member of the governing body. The trustee for Place 12 shall be appointed by a majority vote of the governing body to serve a term initially commencing September 1, 2007, and ending August 31, 2008. Thereafter, the person appointed by governing body shall serve a term of two years (unless removed sooner by a majority vote of the governing body) commencing on September 1 of every even numbered year and ending on August 31 of the next even numbered year. Should a vacancy occur in Place 12, then the governing body, by a majority vote, shall appoint another eligible resident of the city to serve the remainder of the unexpired term.
f. Place 13. The trustee for Place 13 shall be the chief financial officer of the city. Should a vacancy occur in Place 13, then governing body, by a majority vote, shall appoint a qualified person to serve until a new chief financial officer is appointed.
(b) General provisions.
(1) The members of the board shall remain in office until their successors are duly elected or appointed.
(2) At its September meeting, the board shall elect from its membership a chair and a vice chair to serve for one year.
(3) The board shall serve without remuneration and shall meet not less than once a month and may meet at any time that the business of the fund shall require it. The chair shall have the power to call a meeting at any time necessary to carry out the business of the fund.
(4) Seven members of the board shall constitute a quorum to transact any business unless there are vacancies, in which event the quorum shall be reduced by the number of vacancies existing. Every matter before the board for vote shall require the affirmative vote of a majority of the trustees on the board (regardless of the number of trustees present at the board meeting) for final passage.
(5) The board shall have the power and duty to administer the fund and to make and establish any and all rules, regulations and procedures pertaining to the fund not inconsistent with this ordinance and applicable law.
(6) The board shall have the power, as it deems necessary and appropriate to carry out the purposes of the fund, to retain, enter into contracts and pay from fund assets for professional services, including, but not limited, to the following: actuaries, accountants, attorneys, administrators, consultants, directors and investment managers or advisors.
(7) The board shall have the power, as it deems necessary and appropriate to carry out the business of the fund, to enter into contracts, agreements and arrangements to facilitate the administration of the fund, and to pay for the costs and expenses of such business and administration out of fund assets.
(8) The board has discretion to make all determinations regarding the eligibility of members or other persons for benefits from the fund and the amount and payee thereof, not inconsistent with this ordinance and applicable law. Therefore, its decisions shall be final, binding and conclusive on all persons.
(9) In construing this ordinance, the provisions of the Texas Trust Code shall apply to the extent that they do not differ from this chapter.
(Ord. 20471-10-2012, § 2, passed 10-23-2012; Ord. 21650-02-2015, § 2, passed 2-17-2015; Ord. 21651-02-2015, § 2, passed 2-17-2015; Ord. 21652-02-2015, § 7, passed 2-17-2015)