15 AAC 112.010. Board nominations

(a) By September 13, 2005, for an initial appointment to a PERS seat or TRS seat, or within 10 days after a vacancy occurs for a PERS seat or TRS seat, the department shall publish a notice requesting submission to the department of a list of nominees to serve in a PERS or TRS seat. The notice shall state the terms of the positions for which nominations are sought, if known, the procedures and deadlines for submission, and any other information the department determines is necessary.

(b) The notice published under (a) of this section shall also be posted on the Alaska Online Public Notice system under AS 44.62.175 and on the web sites for the department and, if one exists, for the board. The notice shall also be published in one or more newspapers of general circulation in each judicial district of the state. It is presumed that notice has been given to all affected parties if the publication and posting of notice has occurred under this subsection.

(c) A list of nominees submitted under this section must contain four names, as required under AS 37.10.210 (b)(2)(C) and (D),

(1) for an initial appointment to the two PERS seats;

(2) for an initial appointment to the two TRS seats; and

(3) for a vacancy to a PERS seat or TRS seat.

(d) In addition to the requirements of (c) of this section, a list of nominees submitted under this section must contain at least the following information:

(1) the name, mailing address, and phone number of each nominee;

(2) identification with respect to each nominee of the category or categories of qualifications under AS 37.10.210 (b)(2) applicable to that nominee and a resume or other representation which support eligibility for that qualification category;

(3) reasonable proof that representatives of each relevant bargaining unit have had the opportunity to participate in a process to select a nominee whether or not that representative or bargaining unit agrees with the nominations submitted; for the purpose of this paragraph, "reasonable proof" includes

(A) a signed declaration by or on behalf of the certified representatives of all affected bargaining units;

(B) an affidavit attesting to discussions or opportunities for discussion; or

(e) The department shall submit a list of nominees received under this section to the governor within 30 days after the publication of the notice prescribed in (a) of this section.

(f) Nothing in this section limits the governor's sole discretion in

(1) determining the length of a term for each initial appointment to the board for the purposes of satisfying the staggered term requirements of AS 37.10.210 (c) and sec. 135, ch. 9, FSSLA 2005; and

(2) selecting a board member from a list of nominees submitted under this section.

(g) In this section,

(1) "department" means the Department of Revenue;

(2) "PERS seat" means a board trustee position on the board that is a member of the public employees' retirement system as described in AS 37.10.210 (b)(2)(C);

(3) "TRS seat" means a board trustee position on the board that is a member of the teachers' retirement system as described in AS 37.10.210 (b)(2)(D).

History: Eff. 9/3/2005, Register 176

Authority: AS 37.10.210

AS 37.10.240

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