RS 11:1821 - Board of trustees; membership; term of office; oath of office; compensation; voting power; vacancies

LA Rev Stat § 11:1821 (2018) (N/A)
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PART V. ADMINISTRATION

§1821. Board of trustees; membership; term of office; oath of office; compensation; voting power; vacancies

A. The board of trustees is authorized and empowered to administer the provisions of this Chapter and to establish such rules and regulations as required for the administration of its funds and transaction of its business.

B. The board shall be composed of eleven trustees as follows:

(1) Three members of the system each of whom is an elected official elected to office in accordance with the Louisiana Election Code and has at least six years of creditable service.

(2) Two members of the system who are not elected officials elected to office in accordance with the Louisiana Election Code, each of whom has at least six years of creditable service.

(3) One retired member of the system.

(4) The president of the Louisiana Municipal Association, who shall serve as an ex officio member during his tenure, or his designee.

(5) The chairman of the Senate Committee on Retirement, who shall serve as an ex officio member, or his designee.

(6) A member of the House Committee on Retirement appointed by the speaker of the House, who shall serve as a voting member, or the member's designee.

(7) The commissioner of administration, who shall serve as an ex officio member, or his designee.

(8) The state treasurer, who shall serve as an ex officio member, or his designee.

C. The term of office for each of the trustees provided for in Paragraphs (B)(1) through (3) of this Section shall be six years. No person who has been elected to serve as a trustee for more than one and one-half terms shall be elected to the board for another term.

D. Each trustee shall, not later than the first board meeting following his election or appointment, take an oath of office that he will diligently and honestly administer the affairs of the board, and that he will not knowingly or willingly permit to be violated any provision of law applicable to the system. Such oath shall be subscribed to by the member, certified by a board officer and immediately filed with the secretary of state.

E. The trustee shall serve without compensation but shall be reimbursed as provided by R.S. 11:181(D). Notwithstanding the exceptions provided in R.S. 42:1102(22) and 1123(41), no trustee shall accept any thing of economic value from any person identified in R.S. 42:1115(A)(1) unless the thing of value is food, drink, or refreshments consumed by the trustee while the personal guest of some person during an educational or professional development seminar or conference.

F. Each trustee shall be entitled to one vote on any and all actions before the board, with a majority of concurring votes being required for every decision or action by the board at any of its meetings. No decision or action shall become effective unless presented and so approved at a regular or duly called special meeting of the board.

G.(1) No more than two elected trustees employed by the same participating employer may serve on the board at the same time.

(2)(a) The members of the system shall elect the trustees provided for in Paragraphs (B)(1) and (2) of this Section in accordance with the election rules prescribed by the board.

(b) The retired membership of the system shall elect the trustee provided for in Paragraph (B)(3) of this Section in accordance with the election rules prescribed by the board.

(3) A trustee elected pursuant to Subparagraph (2)(a) of this Subsection may continue to serve his full term if he remains a member of the system regardless of change in employment which qualified him for such position.

(4) A vacancy on the board in a position held by an elected trustee shall be filled for the unexpired term by election as provided in Paragraph (2) of this Subsection, except that if the unexpired term is less than two years, the board may fill the vacancy by appointment for the unexpired portion of the term. If a trustee provided for in Paragraph (B)(1) or (2) of this Section retires, he may continue to serve for the remainder of the term for which he was elected; however, if he ceases to be a member, his term shall expire.

H.(1) Any person whose name is submitted to the system as a candidate for election to the board of trustees shall have his name included on the election ballot, provided his name is submitted in accordance with the rules applicable to all candidates for such election.

(2) Upon receipt, each ballot received by the system shall be stored and kept in a secure location within the system office with access being limited to the director or his designee who can certify the date of receipt of each ballot and the safeguard procedures related thereto.

(3) The director of the system shall provide sufficient advance written notice to each person whose name appears on the election ballot, stating the time, date, and location that the election ballots will be counted and the results announced. Each nominee shall be eligible to attend the counting of the ballots.

Acts 1978, No. 788, §1; Redesignated from R.S. 33:7311 by Acts 1991, No. 74, §3, eff. June 25, 1991; Acts 1995, No. 1013, §1; Acts 2001, No. 848, §1, eff. July 1, 2001; Acts 2013, No. 208, §1, eff. June 30, 2013; Acts 2014, No. 225, §1, eff. Feb. 27, 2015; Acts 2014, No. 791, §5; Acts 2016, No. 19, §1, eff. May 9, 2016; Acts 2016, No. 621, §1, eff. June 17, 2016; Acts 2016, No. 648, §1; Acts 2017, No. 23, §1, eff. June 3, 2017.

NOTE: See Acts 2014, No. 225, §2, relative to filling board vacancies between 2/27/15 and 7/1/2020.

NOTE: See Acts 2016, No. 648, §2, regarding applicability.