OCERS BOARD OF RETIREMENT 2015 GENERAL MEMBER ELECTION TIME-SENSITIVE NOTICE AUGUST 5, 2015

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1 Serving the Active and Retired Members of: CITY OF SAN JUAN CAPISTRANO COUNTY OF ORANGE CEMETERY DISTRICT OCERS BOARD OF RETIREMENT 2015 GENERAL MEMBER ELECTION TIME-SENSITIVE NOTICE TO QUALIFIED CANDIDATES AND INTERESTED THIRD PARTIES REGARDING MAILING ADDITIONAL CAMPAIGN MATERIAL CHILDREN & FAMILIES COMMISSION DEPARTMENT OF EDUCATION (CLOSED TO NEW MEMBERS) EMPLOYEES RETIREMENT SYSTEM FIRE AUTHORITY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY LOCAL AGENCY FORMATION COMMISSION PUBLIC LAW LIBRARY SANITATION DISTRICT TRANSPORTATION AUTHORITY SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE TRANSPORTATION CORRIDOR AGENCIES UCI MEDICAL CENTER AND CAMPUS (CLOSED TO NEW MEMBERS) AUGUST 5, 2015 This notice applies only if you are a candidate or interested third party who wants to use OCERS mailing list and designated mailing service to mail additional campaign material to member voters for the OCERS Board of Retirement 2015 General Board Member Election. If you do not intend to send out additional campaign material or if choose to use a different (i.e., non-ocers) mailing list, you can ignore this notice. * * * * * If you are a candidate for the upcoming 2015 OCERS General Board Member Election (or an interested third party) and you want to use OCERS mailing list and designated mailing service to mail additional campaign material to member-voters (i.e., material in support of, or opposition to, a candidate that is in addition to the biographical statements that the Registrar of Voters sends out), then you must follow the procedures set forth in Section D of the Election Procedures (entitled Additional Campaign Material) adopted by the OCERS Board of Retirement and described below in this notice. First, candidates and interested third parties who want to use OCERS mailing list will be required to make appropriate arrangements directly with OCERS designated Mailing Service (including paying to the Mailing Service amounts sufficient to cover all costs of processing, copying, postage, etc. for the mailing). In addition, under the Election Procedures, candidates and interested third parties who want to use OCERS mailing list to send out additional campaign material must provide OCERS with a copy of the material in advance of the mailing and the additional campaign material provided must include the following precise disclaimer language: These election materials are provided by [insert name of candidate or third party]. They have not been sent, paid for, or in any manner endorsed by the Orange County Employees Retirement System (OCERS). Neither OCERS, the Board of Retirement, nor their agents are responsible for the content, format, or timeliness of these materials; nor is OCERS, the Board of Retirement, or their agents responsible for correcting any errors of any kind. EMPLOYEES RETIREMENT SYSTEM 2223 E. Wellington Avenue, Suite 100, Santa Ana, CA Telephone (714) Fax (714)

2 Page 2 If your additional campaign material does not include that precise language, the designated Mailing Service will not be permitted to send it out. Also, if you want to send out multiple mailings, each such mailing must include that precise language and must be submitted to OCERS by the deadline. Please also note that the Election Procedures allow for mailing of additional campaign material only for election purposes and for no other purpose. That means, for example, that you cannot use the OCERS mailing list for marketing. DEADLINE: OCERS will respond to your request for OCERS to review an advance copy of the additional campaign material you submit within two business days of the time OCERS receives a copy of the material along with your request. We cannot promise a response in less than two full business days. Please keep in mind this required OCERS-processing-time when planning the entire time you will need to complete your mailings, as the Mailing Service also will need time to process your request. (Please also note that, according to the schedule previously set and distributed by the Registrar of Voters (ROV), the ROV will begin mailing ballots to OCERS member-voters on or about Friday, October 2, 2015 and, to be counted, the ROV must receive ballots back from member-voters by no later than 9:00 AM on Tuesday, November 10, 2015.) ADDRESS: If you provide the additional campaign material to OCERS by , you must use the following address: elections@ocers.org (You might also want to send a copy to the designated Mailing Service see next page.) STREET ADDRESS: If you provide the additional campaign material to OCERS by hard copy (e.g., through the U.S. post office or private delivery service), you must use the following address: OCERS Attention: Cynthia Hockless 2223 E. Wellington Ave Suite 100 Santa Ana, CA If you do use the street address to submit your additional campaign material to us, we also urge you to send us an at elections@ocers.org informing us that you sent the materials and the expected arrival date at OCERS. Please also be informed that the requirement to provide an advance copy of your additional campaign material to OCERS does not relieve you of the requirement to make arrangements directly

3 Page 3 with the designated Mailing Service to have your additional campaign material sent out. In that regard, the Election Procedures provide as follows: It is the responsibility of the candidate or third party to provide, in a timely manner, all materials to be mailed out in a format acceptable to the Mailing Service. In addition, before any mailing will occur, the candidate or third party must deposit with the Mailing Service an amount of money sufficient to cover all costs of processing, copying, postage, and so forth. The identity of the candidate or third party making the request must be disclosed on the materials to be mailed out. Failure to provide all materials, failure to provide them in the acceptable format, failure to make the necessary deposit, or failure to meet deadlines will stop the distribution process. The contact information for the designated Mailing Service is as follows: American Solutions for Business ATTN: Jim DiGiuseppe 2100 W. Orangewood Ave. Suite 200 Orange, CA Telephone: (909) jim.digiuseppe@gmail.com If you have additional questions for OCERS about any of the foregoing or the Election Procedures generally, you can contact us at elections@ocers.org. * * * * * Set forth below is the entire section of the OCERS Election Procedures on the topic of Additional Campaign Material. D. ADDITIONAL CAMPAIGN MATERIAL: This section D applies to you only if you are a candidate or interested third party who wants to use OCERS mailing list and OCERS qualified mailing service to mail additional campaign material to member voters. If you do not intend to send out additional campaign material, or if choose to use a different (i.e., non-ocers) mailing list and mailing service to send out additional campaign material, this section D does not apply to you. The purpose of this section D is to set forth a policy designed to allow a qualified candidate for a Board of Retirement position or other interested third parties to request that OCERS

4 Page 4 send additional campaign material in support of, or opposition to, a candidate, while protecting the privacy of the names and addresses of member-voters as required by the 1937 Act, laws protecting disclosure of law enforcement officers names and addresses, and laws concerning privacy generally. This policy takes effect only after the candidate is qualified. A qualified candidate (hereafter candidate ) or interested third party (hereafter third party ) shall notify OCERS in writing when he/she wants to send campaign materials in addition to or instead of those sent by the Registrar of Voters. Campaign materials must be submitted to OCERS in advance so that OCERS can determine compliance with the requirements of this policy. OCERS will notify the candidate and third parties of the deadline to provide such campaign materials to OCERS and the designated Mailing Service in the format determined by that Mailing Service (e.g., electronic format, hard copy in sufficient numbers, etc.). The designated Mailing Service is one which has entered into a confidentiality agreement with OCERS. OCERS shall provide the Mailing Service with the names and addresses of the member-voters who will receive the additional campaign materials. OCERS shall meet the required deadlines in order for the materials to be distributed in a timely manner. OCERS shall use its current records, but in no way guarantees the accuracy of the information provided to the mailing service. The Mailing Service shall use the information provided to it only for the purpose of distributing such additional campaign mailing and for no other purpose. Except as required by law or document retention policies, at no time shall the Mailing Service copy and retain any part of the information provided to it or access such information after performing its service. The materials distributed pursuant to this policy shall be used only for election purposes and for no other purpose. It is the responsibility of the candidate or third party to provide, in a timely manner, all materials to be mailed out in a format acceptable to the Mailing Service. In addition, before any mailing will occur, the candidate or third party must deposit with the Mailing Service an amount of money sufficient to cover all costs of processing, copying, postage, and so forth. The identity of the candidate or third party making the request must be disclosed on the materials to be mailed out. Failure to provide all materials, failure to provide them in the acceptable format, failure to make the necessary deposit, or failure to meet deadlines will stop the distribution process.

5 Page 5 The candidate or third party must disclose the identity of the sender of the materials by including the following precise disclaimer language with the materials to be mailed out: These election materials are provided by [insert name of candidate or third party]. They have not been sent, paid for, or in any manner endorsed by the Orange County Employees Retirement System (OCERS). Neither OCERS, the Board of Retirement, nor their agents are responsible for the content, format, or timeliness of these materials; nor is OCERS, the Board of Retirement, or their agents responsible for correcting any errors of any kind.