(a) A local board annually shall elect a chair, vice chair and secretary no later than the last day of February of each calendar year. The participating department head may not be elected to serve as the chair of the local board.     
      (b) A meeting of a local board is subject to the Texas Open Meetings law (Chapter 551, Government Code).     
      (c) Trustees of a local board serve staggered two-year terms that begin March 1st and end the last day of February of the second year. A vacancy on a local board is filled for the remainder of the unexpired term by the procedure by which the position was originally filled.      
        (1) Trustee Selected by Governing Body of Political Subdivision. The trustee selected by the governing body of the political subdivision serves on the local board to ensure the responsibilities of the local board and governing body are fulfilled, including but not limited to the submission of the local contributions to the pension system for each member performing emergency services or support services for the participating department for each month of service beginning on the date that the member enters the pension system.                  (A) In a municipality, the trustee selected may be the chief financial officer of the municipality or, if there is no officer denominated as chief financial officer, the person who performs the duties of chief financial officer or a person designated by the chief financial officer or by the person performing the duties of chief financial officer.                   (B) In an emergency services district, the trustee selected may be a member of the board of emergency services commissioners or the person who performs the duties of chief financial officer or a person designated by the chief financial officer or by the person performing the duties of chief financial officer.                   (C) In any other political subdivision, the trustee selected may be the chief financial officer or the person who performs the duties of chief financial officer or a person designated by the chief financial officer or by the person performing the duties of chief financial officer.         
        (2) Trustees Representing a Participating Department. Three trustees who are active members of a participating department, who are members of the pension system for whom pension system monthly contributions are being paid, and who were each elect by a majority vote of the members of the participating department who are members of the pension system serve on the local board to ensure the responsibilities of the local board and participating department are fulfilled, including but not limited to the enrollment of eligible members in the pension system by the participating department head.       
        (3) Trustees Representing a Political Subdivision or Unit of Government. Two trustees who reside within the political subdivision of which the participating department is a part are each chosen by a majority vote of the other four members of the local board to ensure the responsibilities of the local board are fulfilled.       
     Source Note:        The provisions of this §310.5 adopted to be effective October 2, 2005, 30 TexReg 6063; amended to be effective September 1, 2006, 31 TexReg 5811; amended to be effective October 18, 2015, 40 TexReg 7104; amended to be effective December 31, 2019, 44 TexReg 8335; amended to be effective July 5, 2020, 45 TexReg 4528