(a) In the event the local board cannot be constituted
under §865.012, Texas Government Code, for any reason, the participating
department head of such participating department, with the written
consent of the governing body of the political subdivision associated
with the department, shall notify the executive director in writing
no later than the last business day in February of the failure to
constitute the local board and authorize the delegation of the local
board's duties to the executive director under this section.
(b) In the event a local board fails to perform any
of the duties required by the local board under state law for a period
of 12 months or more, including, without limitation, the failure to
hold at least 2 meetings during the prior calendar year, the failure
to convene within a reasonable time to determine a member's right
to a disability benefit, or the failure to verify the accuracy of
the membership roster under §310.8 of this title, the executive
director will send written notice to the local board chair, the participating
department head, and the governing body of the political subdivision
associated with such department of the local board's failure to perform
its duties as soon as administratively practicable following such
failure and will request that the local board take action to resolve
such failure within a specified timeframe that is at least 90 days.
If the local board fails to perform its duties within such specified
timeframe, the local board will be deemed to have designated its duties
to the executive director, and the executive director is authorized
by the state board to perform the duties of the local board and to
make any determinations required of the local board on and after such
date.
(c) An annual administrative penalty will be imposed
on the governing body of the political subdivision associated with
the department for each calendar year, or portion thereof, during
which the executive director performs the duties of the local board
as provided under this section. The amount of such administrative
penalty will be $2,500 for the first calendar year and will increase
by 5% for each subsequent calendar year.
(d) The participating department head shall provide
the executive director with any information that is requested by the
executive director in order to carry out the duties delegated to the
executive director under this section, including, without limitation,
any service records of members and retirees or any injury reports
that may be related to a disability claim.
(e) Once the duties of a local board have been delegated
to the executive director under this section, the executive director
shall continue to act on behalf of the local board until such time
as the participating department head or the governing body of the
political subdivision associated with the department notifies the
executive director in writing that a local board has been constituted
and will perform the duties required of it under state law.
(f) The executive director may waive an administrative
penalty under this section if the executive director determines, after
a written request for a waiver from a local board, participating department
head or governing body of the political subdivision, that the failure
was beyond the control of the parties responsible for convening the
local board and was not the result of neglect, indifference, or lack
of diligence.
|