HomeMy WebLinkAbout08-08-2002 Minutes Minutes of the Quarterly Meeting of the
CITY OF OCOEE GENERAL EMPLOYEES PENSION BOARD
Held on August 8,2002
At 150 N.Lakeshore Drive
Ocoee,FL 34761
Chairperson Ison called the meeting to order at 10:00 a.m. Present were Trustees Bishop,Vogt,
Cornell. Trustee Miller was absent. It was determined that a quorum was present. Present by invitation
were Attorney Lee Denner,Diane Garcia representing TRUSCO Capital Management,Larry Cole
representing Merrill Lynch,Doug Lozen,representing Foster&Foster,Jo Ann Lacey,Recording Secretary
of the Meeting,and three General Employees.
Chairperson Ison advised that the minutes of the meeting of the Board of Trustees held on May
8,2002 had been circulated to all Trustees for review. The Trustees were asked if there were any
corrections or additions to the minutes. Trustee Vogt responded that there were two corrections to be
made. On the bottom of Page 10,second to last paragraph,on the last line,it read"Ms.Diedrich responded
with 60 or five years." For purposes of clarification,it was suggested that the line should read,"Ms
Diedrich responded with 60 years of age or five years of service." The second correction would be on Page
13,third paragraph,second to last line. It read,"Attorney Dehner when on to say..." which should be
changed to read,"Attorney Dehner went on to say..." After a brief discussion,there being no other
corrections or additions,it was,on motion made by Trustee Vogt and seconded by Trustee Cornell,
unanimously
RESOLVED,that the minutes of the meeting of the Board of Trustees of the
General Employees Pension Board of May 8,2002,be and they are hereby approved as
amended.
(iiry Chairperson Ison then called attention to the minutes of the Special Session of the Board of
Trustees which was held on July 17,2002 for the purpose of welcoming the newly elected Trustee,Ed
Bishop,to the Board. Stating that these minutes had also been circulated to all Trustees for review,he
asked if there were any corrections or additions. Trustee Cornell responded that there should be a
correction to the spelling of one of the candidates in the election. Mr. Waldrop was incorrectly named as
Mr.Waltrip in two places in the minutes. That correction being noted,following a brief discussion,there
being no other corrections or additions,it was,on motion made by Trustee Cornell and seconded by
Trustee Vogt,unanimously
RESOLVED,that the minutes of the Special Session of the Board of Trustees of the
General Employees Pension Board on July 17,2002,be and they are hereby approved as
amended.
Chairperson Ison then called on Ms.Garcia for the money manager's report from TRUSCO
Capital Management. Ms.Garcia advised that she was not prepared to make the report and that Mr.Tim
Nash was on his way to the meeting. She requested the Board to allow Mr.Larry Cole from Merrill Lynch
to make his presentation first,which would allow time for Mr.Nash to arrive. Chairperson Ison asked the
Trustees if there would be any objection to changing the order in which the reports were made,there being
none,he asked Mr.Cole to present his report.
Mr.Cole began by saying that the news on a relative basis was pretty good. He introduced
himself to Trustee Bishop and explained that his firm does the consulting work for the pension fund,helps
set guidelines,monitors TRUSCO's performance,and makes recommendations for changes. He called the
Board's attention to the Merrill Lynch report. He stated that the real theme for the quarter was"thank
goodness for bonds because the stock market has been a pretty ugly place to be." He reminded the Board
that the fund portfolio has had about 40%in bonds for quite some time and that has really been a help in
(ow the last several quarters but it still does not hide the fact that the news is not good,the market has not gotten
much better. He went on to say that it was still a wild ride,on any given day the market could be down
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August 8,2002
Page 2 of 17
quite a bit for most of the day and then in the last hour there could be a rally and it would end up for the
day. He said that indicates there is a lot of opportunity and a lot of people looking for opportunities,that by
a buyer's standard this market is cheap relative to current interest rates and inflation. He said people are
not too interested in buying 3%or 4%bonds so there is a lot of cash sitting out there. He went on to say
that a lot of investment firms that Merrill Lynch is working with are holding a bit more cash than typical
and they don't like to do that. They will try to put that money to work as quickly as possible and he said he
thinks they will be looking for some stocks at this level of the market.He said it is a nervous market,that
there are a lot of factors affecting it,including the anniversary of September 11. He said he was not sure if
there is enough calmness to see a sustained rally before then but if there were no major problems associated
with that anniversary,there might be see some improvement in the market.
Chairperson Ison stated that in the past the turn around time for this type of wild ride has been
seven to fifteen months. He asked Mr.Cole what the general feeling was for this time.
Mr.Cole responded that the average time to get back after the bear market[there have been four
of them in the last fifty years] is 16 to 18 months. He went on to say that the market,when it turns,
typically turns very quickly,and what is also seen is a pattern at the bottom of these markets and that
pattern is the kind of volatility being seen right now. He said there are a lot of indications that this could be
a bottom. He said there are currently two wild cards. One is what the next corporate scandal will be and
the other is the concern about any kind of terrorism act in relation to the anniversary of September 11. He
stated that with the wild cards it is impossible to predict what will happen but he reminded that there are
always wild cards. He said that the statement that"this is a different time"has been said too often,that in
the history of the market,it has always been said,"it is different this time." In the recent market,stocks
were selling at outrageous prices,stocks were being purchased that had no earnings,and Greenspan had
called the trend"irrational exuberance." He said there were a lot of garage companies doing stock splits,
that it was crazy and it couldn't support that. So,there is now that correction and there are some other
L,„ variables that have added to the steepness of this decline,but the bottom line is,with every major bear
market,there is something different at that time that causes a bear market. He went on to say that corporate
scandals aren't even that new,that they are getting a lot more press because of the communications
available now,but corporate scandals have always had an impact,or have made an impact on a bear
market,so it does seem a little worse this time.
Referring back to the report,Mr.Cole stated that the news of the quarter ended June 30 was that
the fund lost$389,000 as indicated on Page 2. He pointed out that the fiscal year to date is still positive.
So,for the nine months ended June 30 the fund is in positive territory by$145,000. This is a growing fund,
as there are contributions going up each quarter. The market value of the portfolio as of June 30 was
$7,817,000. He referred to Page 3 for the asset allocation. He pointed out on the charts that 57%is in
stocks and the rest in bonds and cash. He added that the bond and cash portfolio has been the saving grace,
particularly for the past quarter.
Chairperson Ison stated that he knows there are legal reasons why we have had to have so much
in the portfolio and then asked if there is a minimum of equity stocks that the fund has to have? Attorney
Dehner responded with a no. He that that is determined by the proving investor standard,that there is a
number on the max that you can go but there is not a minimum.
Chairperson Ison then asked if this Board could go all the way out of the market if they so
decided?
Attorney Dehner said he did not think the consultants would advise that but it could be done.
Mr.Cole added that the consultants would not advise that but it could be done. He went on to say
that there is a maximum,but no minimum. He cautioned that the Board should not overreact to this
market,that if anything at all should change it would probably be time to load up,not bail out.
Trustee Vogt asked Mr.Cole what minimum amount the consultants would consider prudent?
General Employee Pension Board Meeting Minutes
August 8,2002
Page 3 of 17
Cr'
Mr.Cole answered that where the fund is right now is where it should be. He said they are not
recommending major asset swings. He reiterated his earlier statement that when these markets move,they
move quickly. He reminded that the focus for this plan is the long term as this is a long-term plan,that,in
effect,it has no maturity date,it is perpetual. He said that even with the market's decline of the last couple
of years,the four and five year numbers will be coming down rather dramatically,but looking at any long
term studies,a 60%equity allocation and a 40%bond allocation,is what is needed to get an expected 8%
annualized return over any long time period,ten years or more. He said that even with the stock decline
over the last two years,stocks have still given between 10 and 12%per year for the last fifty years,so he
advised not to bet against this market because of two years of a down market,just as there was no
recommendation to go up to 80%in stocks when tech was running like it was for a few years. He said that
those calls are almost impossible to make. He said TRUSCO has the authority to make major changes,
they can move however they see fit within the guidelines that are established. They have the call of how
much cash,how many bonds and how much stock they put in the portfolio. They also have the call as to
how they break those stocks up. He again stressed the long-term focus. He said that calling bottoms of the
market and calling tops is very difficult to do and most who try to do that actually end up getting hurt more
than getting helped,particularly in a pension fund.
Chairperson Ison asked about the risk factor and if there was currently a greater risk now?
Mr.Cole answered that he would argue that there is less risk now.He said the fund has market-
selling multiples in this interest rate environment that are extremely cheap.There has been an aberration in
earnings in the market in the last twelve months with the major impact of September 11 and a slowing
economy as a result. He reminded that the economy was already slowing before September 11 but
obviously that had a major impact. He said, looking forward at projected twelve months earnings,and also
looking at in the context of the current inflationary environment,he would be comfortable if TRUSCO
decided they wanted to take the equities up,probably more comfortable than if they were backing off at this
particular time.
Chairperson Ison asked if the Board were to take the opposite of what he had just discussed and
advised them to go more into bonds,would there be a probability of recouping the losses?
Mr.Cole said it would be much more difficult,that the only way to get appreciation in the value
of the bonds is to have interest rates come down,that makes the bonds currently held worth more. But,he
reminded,interest rates have come down in the last one and a half to two years rather dramatically. The
Fed has been extremely aggressive with 13 rate cuts and there has been talk that they may cut them again,
and they can only go so much lower. He went on to say that if interest rates go up,and you are already
holding bonds,that eats the coupon return.For an example,he said that if you get a 4%return on the
interest that you are getting and interest rates go up,you are going to get something less than 4%because
the market value of your bond will go down. He added that the good news is if you had short-term bonds
you could turn around and reinvest that money in a rising interest rate environment and buy higher yielding
bonds. He said he believes if that happens there will be an improving economy overall and the stock
market and earnings picture should start to look a lot better. He said that he feels the best way for
recouping some of the losses is stay the course,not bail out of stocks and go heavy into bonds because
bonds are pretty much done.
Chairperson Ison mentioned that he saw Jacksonville Electric Authority and the City of West
Palm Beach issue some AAA bonds that are low rate and that he also sees information about 2%C.D.'s
from local banks. He stated that,being on the conservative side,he wanted to discuss and see if the
Trustees were comfortable with staying the course. He asked the Trustees for their thoughts or comments.
Trustee Vogt addressed a question to Attorney Dehner. He asked if there is any legal barrier that
prevents the City's pension fund from investing in bonds that the City has? Can the Pension Fund buy the
City's own bonds?
General Employee Pension Board Meeting Minutes
August 8,2002
Page 4 of 17
(11000 Attorney Denner responded that that is an economically targeted investment and to do that the
record would have to clearly establish that under a risk and return basis it would able to do that. There is
not a concern about the tax predicament of municipal bonds because the fund is already tax-free.
Mr.Cole added that there is a real important consideration there because the entity itself is tax
exempt so you typically will not see tax exempt bonds purchased into tax exempt portfolios unless there is
some extreme aberration out there. He reminded again that is a call that the investment manager has the
freedom to do in the guidelines,not necessarily to buy Ocoee bonds,but there is no restriction on municipal
securities in the guidelines.
Attorney Dehner addressed the Board and advised that they have the legal authority to take all of
the assets out of equity that they choose to from a fiduciary standpoint but it is not suggested as the
Trustees are not investment professionals in that area. There would need to be a basis of record to do that
and that basis of record would have to be provided by the recommendations of the investment consultants
who are professional money managers so it wouldn't be prudent from a fiduciary standpoint for the Board
to deviate from the recommendations of the financial advisors. He added that if there were reason to
question the propriety or the wisdom of the recommendations being received from the consultants,the
action would be to consult with others.
Trustee Cornell said that with that explanation,her decision would be to stay the course.
Larry Cole agreed. He told the Trustees that he could understand the concern about the liability
as a Board and as an individual and taking the liability of telling the manager at this point that you only
want 30%in stocks,you don't want this risk level, in terms of recouping what you've got going forward in
the next ten years is definitely greater than the liability of staying with a proven investment strategy based
on the last 50-60 years market history. He said that Merrill Lynch recommends diversification. He said
TRUSCO has multiple managers under one umbrella. He said that what there is in an equity component is
exposure to several different styles of equity investments and that has made a big difference in the last
several years in terms of volatility of the fund portfolio. He stated that this fund has had a smoother ride
than most,so that diversification is very prudent also and has proven,long term history to back up that
recommendation. He said that nobody's crystal ball is very clear,including Merrill Lynch or TRUSCO's,
that is why it is important to rely on what history has told us in the past. He said that he believes very
strongly in staying the course and not bailing out of stocks at this particular point. He reminded the Board
that they and their predecessors,as Trustees,have given the investment authority to TRUSCO,and he
suggested they let TRUSCO make the decision.
Attorney Dehner commented that TRUSCO is the one to make that judgement and they have the
authority under the current policy to cut back in their discretion if they think that is best for the fund.
Trustee Vogt asked if he understood,in summary,that if the Board goes with the advice of the
professionals and the fund deteriorates as a result of that,the Board is at less liability than if it goes against
them,even if it works out to be better?
Chairperson Ison answered that that summary was correct. He went on to say that he had wanted
to bring up conceptually what the Board options were,however,he also wanted to point out that on the
comforting side is that the fund has two numbers in the report that say the fund is in the top 27th and 33rd
in its peer group and is ahead of the S&P by a few points.
Mr.Cole called the attention of the Board back to the return for the quarter of—4.8%. He said that
is almost in the top third,that's 37 percentile. He reminded that the numbers in parenthesis rank this fund
against other public pension funds across the country,not just in Florida. He said that the stock portfolio
was down 10.5%but diversification helped. The S&P 500 for the period was down 13.4. The growth and
the value indices and then the Russell 3000,which takes into account smaller company stocks,was also
down 13%for the quarter. He went on to say that the good news was international actually contributed in a
positive way relative to domestic stocks for the quarter. He added that the bad news was the fund only had
General Employee Pension Board Meeting Minutes
August 8,2002
Page 5 of 17
about 3.5%of the portfolio in international securities. He said the overall equity portfolio at-10-1/2%was
in the top 39%relative to other public pension funds. He said that was a horrible number but better than
the average fund out there.
He went on to the bond portfolio and said bonds were up 4.2%for the quarter. He added that,in
addition to being a good absolute number,that was not an annualized number,so it was up 4%just for the
three months. That was in the top 16%of bond funds across the country.For the fiscal year to date,the
fund was still positive.
Trusee Bishop asked if this is on an October fiscal year?
Mr.Cole answered that September 30 is the fiscal year end. He went on to say that,up 2.2%,
which is almost in the top quartile,the top 27%,this fund has stacked up against other public pension funds
very well. He pointed out that looking out six years at the annualized number,the fund is still above the
actuarial assumption rate. The fund has had a good equity number for the last five years with bonds up
7.7%. That has all been really due to the last two years. Looking at the two-year number of 9.9%,this
indicates that the Fund has almost made 10%per year on 40%of the portfolio for the last two years. He
said that,as bad as the equity markets have been,there has still been a little cushion there and recommends
keeping that cushion.
Continuing on with his report,Mr.Cole directed the Board's attention to Page 8 for the risk return
analysis. He reported that Merrill Lynch does take a look to see whether there is too much risk to get the
relative returns,recognizing the absolutes will come down because of the markets,but on the bottom line,
risk measured by standard deviation and total return. He said that this looks at the last six years data and
that this fund is all over than target index in terms of about the same amount of risk and just slightly above
return. He pointed out the good news here is that the fund's equities actually are a bit below in terms of
tir risk and volatility and a bit above for the last six years. He explained that is because of the diversification
with the different management styles under the one portfolio with TRUSCO and said that has actually
helped provide a bit less volatility.
Mr.Cole asked the Trustees to turn to Page 18. He indicated that as a Trustee and the
responsibility that goes to the Trustee,this was probably the most important page where it reviews to see
that the investment policy is in place. This is reviewed each quarter. Merrill Lynch takes a look at the
guidelines and makes sure that the fund portfolio is in compliance as they oversee the manager. They also
check to see that the performance objectives spelled out in the investment guidelines are being met. He
said the answer to this was yes,even though the absolute numbers were not great,the fund had done well
against its goals and against other funds. He then referred to the ranking of this fund against other Florida
funds handled by Merrill Lynch.He explained that they do work for 88 municipalities in the State of
Florida and this ranks the fund against those other municipalities over the last year. The fund this quarter
was ranked 36,last quarter it was 30.
Trustee Cornell asked Mr.Cole for some explanation regarding this report. She said she noticed
in the number 4 spot that there is an entity that was at one time in the 55`h percentile and they have the same
split of 60-40. She asked how they made that significant jump? Mr.Cole advised that they had made a
management change during the quarter. He explained that this tells they were ranked 55th out 88 last
quarter on the trailing twelve months. He called attention to the fact that their target is indeed 60/40,but at
this quarter end they had only 42%of their money in stock. They had made a manager change and they
had not put a lot of money to work yet so it worked out good for them this particular quarter and it moved
them up dramatically.
Chairperson Ison asked Mr.Cole if it would be possible to get a list of names of the entities and
who their money managers are from the 35th percentile up? Mr.Cole advised that he would be pleased to
see if that could be provided but stated that,typically,it is going to be the asset allocation,not the managers
where there are problems. He mentioned that there are a couple of these funds that do not do what Merrill
Lynch says to do. He said they take a lot of liability themselves and they have done some things against
5
General Employee Pension Board Meeting Minutes
August 8,2002
Page 6 of 17
recommendations. For an example,he pointed out that one of the funds with 90%stocks is ranked down at
85th.
Chairperson Ison mentioned that there are a couple of things he has been interested in regarding
this ranking,such as finding out which funds these are and if they are in the$8 million range or the$100
million range. Mr.Cole said that the clients on the list rank everywhere from$2 million all of the way up
to$1-1/2 billion. He said the median fund is around$30 million.
Chairperson Ison asked how this fund is doing compared to the State of Florida's pension fund?
Mr.Cole responded that he did not know for the State of Florida. He said,however,that against
the large funds,this fund has done very well. He pointed out that one of the advantages of this fund is that
TRUSCO is the manager. He said that TRUSCO also manages money for billion dollar funds and this fund
gets the diversification and,because they have co-mingled fund options,they can put this fund in in smaller
amounts. Without this advantage,if the Board were to go out and hire managers,there would have to be a
growth manager,a value manager and a small-cap manager. This would present many problems. The fund
would probably have to go the mutual fund route and the Board would not see the managers and there
would be much higher fees. He added that the fund is very well diversified and the report compares this
fund against a national public fund universe that has multi-billion dollar pension funds in it. That is one of
the goals of Merrill Lynch— to take care of the smaller plans to make sure that they are getting
competitive returns with the large national plans that go out and hire 50 managers. He said the ranking
among the peers of the fund is not affected at all by the stock market.
Chairperson Ison said that is what he would be interested in,not necessarily the entire list of 88.
He said he would like to get some idea where this fund is money wise compared with some of these other
funds so this Board could know more specifically where the fund peer group is. He said that as a small
fund,ranking in the 33—27 percentile,that meets his goals.
Mr.Cole said that asset allocation is the major determinant of performance over the long term,that
with market swings such as recently seen,asset allocation is a huge determinant of ranking on this list.
Chairperson Ison asked if there would be a better way to go,or should this Board just stay the
course? Mr.Cole said to stay the course,that he had no idea what TRUSCO had in mind but said he would
be very comfortable with any manager who said they would be taking the equity position up a little.
Trustee Vogt asked Mr.Cole for clarification to one of Chairperson Ison's questions. He asked if
Mr.Cole had said he would be able to provide the name of the money managers for the top 35 accounts?
Mr.Cole said he would try. He then asked Attorney Dehner if there would be any confidentiality issue in
providing this information? Attorney Dehner said the municipal market is all public record. Mr.Cole then
said he would try to come up with the names and managers. Chairperson Ison indicated that the only ones
he would be interested in would be those around$10 million which is near the range of this fund. Mr.
Cole said he would look at the top 35,list who they are and they have as managers.
Chairperson Ison thanked Mr.Cole for his report and the calmness of his report. He then called
on Mr.Tim Nash from TRUSCO,who had recently arrived at the meeting.
Mr.Nash greeted the Board and then stated that the markets had been extremely volatile.He told
the Board he would like to talk about a few reasons why it has been so volatile,what changes that
TRUSCO had implemented in the portfolios during this time period and touch on why TRUSCO thinks we
are at or near the bottom. He said that,essentially,the process TRUSCO utilized to value stocks, looking at
the PE and looking at their earnings characteristics going forward,those indicators showed it was time to
take some money off the table. He said they did not capture the market high as it ended up being in the
month of March,but those indicators really protected the portfolio on the down side over the last few years.
He said it was a great time to get into the market.
General Employee Pension Board Meeting Minutes
August 8,2002
Page 7 of 17
He said that the fund had a little higher than normal cash position during the quarter with
managers taking some gains off some stocks and holding that money in cash waiting for more attractive
buy options. Subsequently that money was put to work. He offered an illustration that in the month of July
alone,$60 billion dollars came out of the equity market. Putting that in perspective he said the month of
September 11,which was probably one of the worst months seen in our nation's history,clearly scooped
the markets. There was an immediate 20%drop within a week of that event. Only$29 billion dollars came
out of the market during that period of time. So in the month of July 2002,two times the amount of money
as in the month of September 11,came out of the equity markets. He explained that money had come from
one of two places:the U.S.dollar has fallen relative to some other currencies and foreign investors have
pulled out of the U.S.markets which has caused some money to come out of the marketplace;and,
individual investors. He said that we generally think of institutions as having the largest buying power but
actually there are$4 trillion dollars in defined contribution or 401(k)assets that individuals have access to
and they can essentially call up their 800 number or click on the Internet and say to sell their equity mutual
funds. He said there was a huge rise in that activity going on during the quarter,that individual investors
usually tend to react at the worst times to the market place. He said they flood tons of money in when there
is a momentum market,near the market high,and exit as a market low is approached.
Mr.Nash said he would like to draw the Board's attention to more concrete information about
why it appears the market is at a bottom and improving. He referred to Tab I[the Investment Overview,
page 11]. He told the Board to remember that three years out of every rolling ten-year time period since
1926,equities have lost money or been negative. He went on to say that even with that in place,looking at
the stock market trend since 1926,stocks have had an upward sloping trend and even with three out of
every ten year time period stocks being negative,they have earned,on average, 11%a year. He said that
this fund is long term and that the stock market over the long term gives higher rates of return but we do
have to expect volatility and,coming off the decade of the 90's,we really hadn't seen any downside
volatility and are now experiencing that. He repeated the return of 11%on average each year but said that
if you missed the best 30 days since 1926 out of that time period,the return would drop to about 7%from
11%and if you missed the best 4 days,the return drops to 1.8%. He said TRUSCO takes that to mean you
can not successfully time the market,so that is not a strategy recommended for long term investors. He
said he was very comfortable with the fund's diversified asset allocation and thinks it will be well-rewarded
long term. He said he knows these are some tough times and it probably is a bit unnerving to the Trustees
to see huge drops in the pension plan. He said TRUSCO is very mindful of the markets at this point and
wants to reassure the Trustees that they are doing the right thing and that the strategy which has been
employed is a good one.
He went on to give a couple of reasons why TRUSCO thinks the market is very attractive at this
time.Referring to the chart on the bottom of the page,he pointed out the very simple model that Alan
Greenspan and the Federal Reserve use to determine whether stocks or bonds are over or under valued. He
said that what they do is take a look at,for bonds,what the yield of a ten year treasury is,how much
income are we getting off a ten year treasury? He said that was illustrated on the top of the chart and at the
time this particular report was printed,it was about 4.7%that you get out of the fixed income markets. To
look at the equity market and figure out if the equity market is over or under valued it is necessary to come
up with that same yield or percentage that the equity markets are earning. What the Fed looks at is that
price earnings ratio to value stocks where we look at the price of the stock compared to its earnings and
they use the S&P 500 as a benchmark. When you do that the yield on the stock market currently is about
5.8%. So,comparing the yield to the stock market, if you were to buy shares of the S&P 500 today,that
yield would give 5.8%where,if we were buying bonds,they would be getting only 4.7%. He said that this
last quarter was really the first time we have seen that flip flop so that tells the Federal Reserve that the US
equity market is cheap and that is part of the reason that they did not raise interest rates at their last meeting
and continue their negative bias. He said this level of a relationship between stocks and bonds has not been
seen since 1996,so stocks are looking very attractive at this time.
He continued on to say that another measure,inflation,is very low which is a plus for stocks,and
another market index is the market value of the Wilshire 5000,that is basically the market value of the
5000 stocks that represent the US market place. That is compared to our country's GDP,basically
General Employee Pension Board Meeting Minutes
August 8,2002
Page 8 of 17
dividend GDP into the market value of those stocks. That relationship,as of the market high in March of
2000 is about 147%. That was basically saying the market value of the stocks in our country were 140%
above what our nation's output was. To put it in context and to explain why that number is important,he
said,looking back to where we were as of the end of July,the market has changed and now the market
value of stocks compared to our nation's output is about 75%of what our nation puts out. So the market
value of those stocks is now cheaper than our overall national output. He said that is another trigger that
says that stocks are extremely undervalued at this point in time and that it would be a time to add to equity
positions.
Chairperson Ison asked if there is a sector of the market that the money managers will be adding
to?
Mr.Nash replied that there are a couple of sectors. He said they could really add across the board
because they were all down significantly,but in this portfolio they have been adding technology and also to
the industrial sector position,with companies like Lockheed Martin and General Dynamics. He said the
main reason for that is that defense spending has been rising rather dramatically and is going to continue to
rise as we go forward. He added that the decade of the 90's saw almost a 30%decrease in defense
spending compared to where we were back in 1990,so clearly there is room for the government to spend
some money on defense and those types of companies,and industrial names like Norfolk Southern and
Union Pacific,are added to those positions as well and should prove to be a benefit.
Chairperson Ison asked about Brown&Root,citing the interesting contract they got.
Mr.Nash said that was one that was not in the portfolio at this time,but added that those are the
kind that would be added. He said that the key driver for stocks,the reason stocks are bought is we pay
money today to capture earnings out in the future.He noted that the June quarter recently ended and
companies were announcing what their earnings were for the June quarter. Of the companies that
announced through July 23,which was a significant number of them,58%of those companies met
analyst's expectations or beat them. Only 14%of the companies announcing missed those expectations.
He said that is the first time that large a number of companies met expectations or beat them in the last five
quarters.He said they do not have the ability to call the bottom but the trend looks like it is cheap. It is a
good time to be buying stocks and,you would want to hold stocks through this more rocky time period
because the trend is improving and the stock prices rising,looking out over the next six to twelve months.
He referred the Board to the report. He advised that Tab I is typically the economic overview and
there will be quite a bit of data about the equity and bond markets. He said that Tab II shows the
individual performance. He asked the Board to go to Tab II to see the Cash Flow page. He advised that the
fund closed out the June quarter with about$7.8 million currently managed on behalf of the plan. He stated
that there was a loss of about$389,000 for the June quarter and added that the Cash Flows for the last nine
months,fiscal year to date,show the fund is up just about$150,000. He indicated these are the actual cash
flows,contributions and withdrawals,any pension payments,fees that came out of the account and City
contributions. He referred to the page underneath that which puts the dollar numbers into percentages
which shows for the quarter to be down about 4-3/4%. He called attention to the Growth Fund for the
quarter,the combination of the stock fund was down about 10.4%. The growth fund was down 10.8 and
the S&P 500 was down 13%during that same time period. He indicated that the Russell 1000 growth fund,
which is clearly more aggressive than the fund's portfolio,was down 18%during that same time period.
He explained that,as part of the diversification process,the fund has two large cap value funds. The first
one is the high grade equity income fund which during the quarter was down about 8%and also the STI
Growth and Income Fund which is a bit more broad based value fund,the first one has a requirement that
the stocks in the portfolio get a dividend yield greater than or equal to that of the S&P 500. The second
value fund does not have that dividend requirement so it has a bigger pool of value stocks to go into. He
said that when markets are down people are paying attention to dividends,they want that dividend income
to help counteract the falling stock price and that dividend component is the reason that the fund's High
Grade Equity fund has performed a bit better. He said that in the second value fund,some of the names
added during the quarter have some hefty dividends when looking at the portfolio characteristics,it can be
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General Employee Pension Board Meeting Minutes
August 8,2002
Page 9 of 17
(1110, seen that the dividend yield has come up on both portfolios during the quarter so there is a focus from the
value managers on looking at dividend during this time period. He said that the US Limited Cap Fund now
has a significant overweight to healthcare names and pharmaceutical names. It also has an overweight to
consumer discretionary stocks and technology. He advised there is an international index fund in the
portfolio to take advantage of international markets and at this time,international stocks are looking cheap
with the U.S.dollar coming down. TRUSCO thinks international companies are going to do better over the
next 12 to 24 months but their investment committee would like to see the U.S.economy improve a little
more before adding to the international funds. He then reported that the bonds were up about 4.2%for the
quarter. Fiscal Year to Date,that$150 thousand ends up being 2.2%rate of return for the fiscal year and
looking over the past five years,the fund is a little behind the actuarial assumption,earning 6.68%on
average each year and those are all annualized numbers. To draw attention to a fact that he felt would
reinforce the committee's decision to utilize diversification,he asked the Board to look at the five year
column on which it showed that the S&P 500 during that same time period had a return of only 3.6%.He
said that indicates that this portfolio with a combination of stocks and bonds and a variety of equity mutual
funds,has earned almost twice as much as the market itself and taken significantly less risk on the down
side.
Mr.Cole continued by referring to the asset allocation on the third page,which indicates close to a
60/40 mix,about 58%in the stock funds and about a 42%in bonds. He said that in November 2001 bond
funds were doing extremely well and they took about 5%off the top of the bond funds and redeplored it
back into the equity fund. Trustee Vogt asked if the fund is near the target percentages? Mr.Nash
answered that the fund is very near the target of 60/40. Trustee Vogt asked Mr.Nash if he felt,as Larry
Cole had mentioned,that the indications are that this is very close to the bottom? Mr.Nash answered,
absolutely. He said the feeling is that the equity markets are very near the bottom if not at it,or we have
already seen the bottom and as we look out over the next 6 to 12 months we really think stocks are going to
do a lot better.
r Trustee Vogt said that Mr.Cole had mentioned he thought this was a possible good time to
increase the equity allocation percentage. He asked Mr.Nash if that would also be his recommendation?
Mr.Nash answered that if the Board is looking at their equity target and increasing their equity allocation,
this certainly would be a time that we could take advantage of some very inexpensive stock prices in the
market. Trustee Vogt asked if that would be professionally prudent? Mr.Nash responded that it would be
professionally prudent.
Mr.Cole also responded to Trustee Vogt by saying that the Board doesn't even have to do that.
He said that the policy allows,although the target is 60/40,for them to go up to 70%at market,60%at cost
and at the end of the quarter it was about 52%at cost so that gives about 8%from the cost standpoint and
maybe a little over 10%for the market value. He said that was as of June 30 and he did not know what
TRUSCO had particularly done since June 30th,but that the Board does not need to take any action for that
if they feel comfortable letting TRUSCO have that discretion.
Mr.Nash advised the Board that they would not see the money managers make any radical shifts.
He referred to the illustration he talked about back in November when they took 5%of the bonds and
shifted them into stocks,those are the types of moves that would be made. They do not make a 10 or 20%
shift. He said the portfolio is positioned is fairly well and it can be tweaked from time to time.He added
that the cash positions of the funds were a higher during the June quarter than normal and that money is
also being put to work,so in addition to asset allocation strategies,each one of the fund managers is going
ahead and putting additional dollars to work and taking advantage of some of the more undervalued stock
prices that are out there.
Continuing on with his report,Mr.Nash referred the Board to Tab III which shows the individual
fund fact sheets.He pointed out that the stocks being bought by the fund are growing at the rate of 16.3%
which is faster than the market which is growing at about 13.8%. He also called attention to the increase
in exposure to technology stocks and that there is now an overweight at about 20%and stressed that the
fund has not had an overweight in technology stocks since the beginning of 1998. He said that confirms
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General Employee Pension Board Meeting Minutes
August 8,2002
Page 10 of 17
that TRUSCO is fairly encouraged and fairly bullish on the market improving and technology stocks
improving. He indicated that there is also an overweight to industrials and a bit of an underweight in
financials and consumer staple needs have been pared back. He said that those types of stocks were good
for a defensive market but this portfolio is being positioned for an improving economy,an improving
outlook and that is where each one of the sectors fall at this time.
He went on to report on the second page,which is the high-grade equity income fund. He pointed
out that the dividend yield is 2.2%,up from the last quarter of 1.9%,so the portfolio dividend yield has
been coming up. Moving on to Page 3 which is the U.S.Limited cap fund,the small more growth-oriented
fund,Mr.Nash stated that this indicated 18%in technology stocks and overweight to industrials as well
and also an overweight in healthcare and an overweight in consumer discretionary type names. The next
page reports on the International Index Fund. He reminded that this fund is designed to mirror Morgan
Stanley's EAFE index and that gives international exposure to some oil and gas companies,industrial type
names and some financials. He referred to the last page of this section which relates to the high-grade bond
fund. He said it has clearly been a very difficult market for corporate bonds with the Enron debacle,
Worldcom blow up,and trouble at Qwest. He advised the Board that none of those bonds were in the
fund's high-grade bond fund. He said that investors are painting the whole corporate bond market with the
same brush and,therefore,corporate bonds are having a really difficult time. He continued on to say that
there is an improving economy and a bond market that has been extremely good for the last three years,
which makes the chance that interest rates are going to go down,pretty slim,so interest rates will probably
go up and that will erode bond prices. He said the money managers have been adding to the corporate bond
sector over the last couple of quarters which they think is the prudent thing to do going forward,thought it
has hurt a bit in the near term. He said the other thing they have been doing is almost double the exposure
to mortgage-backed bonds,looking for a higher yield. He stated that the increase in mortgage exposure and
the overweight to corporate bonds are the main changes within the bond fund.
(11,' Chairperson Ison asked the Trustees if there were any questions or comments. There being none,
he thanked Mr.Nash for his good report and said he was very confident that this fund would regain the lost
10%and perhaps add 10%. He then called on Attorney Denner for comments.
Attorney Delmer said that in light of the corporate fraud and conflicts of interest that have been
seen in the headlines in the last several months with increasing frequency and the impact that that is going
to have on the administration of this Plan,there are some additional things now to be done. He then asked
Tim Nash from TRUSCO to provide to the Board for discussion at the next meeting the proxy policy
guidelines under which they are voting the stocks of the Plan. He said there is now new Federal legislation
that President Bush had just signed into law addressing these issues and the Board will want to look with an
eye towards adopting them as their own and agreeing with them as part of their fiduciary responsibility. He
then asked Mr.Nash along with Mr.Cole from Merrill Lynch to report to the Board when and if there are
any companies in either the equity or fixed income portfolio that have been the subject of "fraud",which is
the word that has been used. If that occurs the Board will need to consider two things. First,there would
need to be an analysis in each individual case to determine whether it would be prudent to participate in a
class action against the corporation or not. Secondly a report or recommendation from Mr.Cole would be
needed to address whether our manager handled such an issue with respect to additional purchase,
retention,and disposition in a prudent manner.
Chairperson Ison stated he was making notes on those requests so they could be set up as a sub-
item on the Agenda for the next meeting.
Attorney Dehner addressed Mr.Nash and said it was his understanding from being involved in
meetings prior to this with other representatives from TRUSCO,that the limited cap fund did have
Adelphia in it. He asked if that was correct? Mr.Nash responded that it did have Adelphia in it. Attorney
Dehner then asked if that had been disposed of? Mr.Nash responded that it had been. Attorney Dehner
then asked,in compliance,that Mr.Cole take a look at the manner in which that was handled and mail a
Cor report to the Board confirming it was handled in a prudent manner.
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General Employee Pension Board Meeting Minutes
August 8,2002
Page 11 of 17
Trustee Vogt asked Attorney Denner if he had understood that Mr.Nash was also to present a
report? Attorney Dehner said he had asked Mr.Nash to provide to the Board their written proxy policy
guidelines within which they vote the proxies on the stocks owned by the Plan and with that,any
amendments they are considering in light of the new Federal legislation and what has occurred so it could
be discussed at the next meeting. Mr.Nash commented that their attorneys were currently revising their
written procedures so they should be available for the next quarter as requested.
Chairperson Ison said that would be put on the Agenda right after the Money Manager's report
for the next meeting. Trustee Vogt added that Mr.Cole's report would then come right after the Monitor's
report on that Agenda.
Mr.Cole asked Attorney Dehner what would qualify as a reportable event? He said that every
stock is in the news but obviously some more drastic than others. He asked if there is something specific?
He said the reason he was asking was because TRUSCO invests in co-mingled funds so there are literally
hundreds of stocks that they are going to be invested in following different disciplines. He went on to say
that from the investment manager's standpoint,that was always the responsibility of the investment
manager in terms of voting the proxy and part of the manager's responsibility there is also on the behalf of
the client,the Board,to determine when and if to get involved in class action suits. He asked Attorney
Denner if that responsibility is now being taken away from the manager and the Board will now make the
decision whether or not to get involved in class action suits?
Attorney Denner said no. He went on to say he would actually prefer to see the manager do it on
the Board's behalf,but he wants the Board to be apprized of that so it and the monitor can determine if
there is possibly a company that the manager is not moving on. He said that,initially,it is just having the
information available for the Board.
Mr.Cole responded that he wanted to be clear that the responsibility was not being taken away
from the investment manager. He said it has been and still is their job and he wanted to make sure that Mr.
Nash was aware that it is still their job to determine if they are going to participate in a class action suit,
that they are not waiting for the Board to give them the green light.
Mr.Nash said they have to do what is in the best interest of the shareholders of their funds and
their mutual funds,that they are always acting on behalf of the holders of their funds,including looking
after the holders of the funds interests and voting accordingly whether doing proxy voting or by taking part
in a class action law suit.
Chairperson Ison asked if there were any other comments. There being none,he moved on to
setting a meeting date for February 2003. He called on Trustee Cornell for suggestions. Trustee Cornell
stated that the first Wednesday,February 5,2003,had been suggested and asked if that was acceptable?
Mr.Nash advised that he would have a conflict with that as he already has another municipal meeting
scheduled for the first Wednesday of each quarter and although he could see that someone else covers this
meeting,he would like to attend if possible.Trustee Cornell addressed the other Trustees for suggestions.
Trustee Vogt indicated that he would like to flexible in this scheduling. Trustee Cornell then suggested
the second Wednesday,February 12,2003. Chairperson Ison asked Mr.Nash if he could make the
meeting on that date,to which he responded yes. Chairperson Ison asked if that met with everyone's
concurrence? The date of February 12,2003 was set for the February meeting. He then reminded
everyone that the next meeting was scheduled for Tuesday,November 19,2002.
Trustee Vogt addressed Chairperson Ison to say that he had one preliminary question for the
actuarial firm prior to the departure of the economic advisors which might be related to what kind of work
they would be doing. Chairperson Ison advised Trustee Vogt to go ahead with his question. Trustee
Vogt asked if the numbers which had been presented were showing they are falling under the actuarial
expectations over the long term,how long would it be before a cash contribution would have to be made to
the fund to make up for that because they are showing that the 5 year percentage figure is below the 8%
actuarial assumption? He stated that his fear would be having to go to the Commission to ask for them to
11
General Employee Pension Board Meeting Minutes
August 8,2002
Page 12 of 17
make up the difference and that was something he would like to avoid. He asked how long the Board
could wait for the market to turn around?
Doug Lozen from Foster&Foster,Inc.responded that the fund would be under the 8%for a
while. He said he heard the fund was currently at 2.2%for the last quarter and if that was maintained,the
four-year average would come in at about 4%. He said last year's valuation for the four year average was
at 5%so it is not going to be matched and that probably wouldn't happen for a couple of years.
Trustee Vogt asked if this Board should then start planning for having to request a cash
contribution from the City in order to make the fund sound? Mr.Lozen advised that the funding
requirement that ends with this September 30 was determined with the October 1,2000 actuarial
evaluation. The latest valuation of October 1,2001,indicated funding requirements for next year. That
means there is a little time bought with the projection.
Chairperson Ison asked if the bottom line was that this fund does not have to have input from
City funds? Mr.Lozen said his firm is sending out letters right now and they can do one for this Fund
indicating what the final obligation is. Trustee Vogt asked when that would be available? Chairperson
Ison added that they are going through the budget process presently. Mr.Lozen said that he would be sure
this Board would be added to the list of pension boards that wants to receive this final notice.
Trustee Bishop confirmed to Trustee Vogt that,with the crisis in the budget situation,the City
portion that is going into it had to be increased substantially this past year for the budget starting October.
1. Trustee Vogt asked if they already had the figure for this budget hearing that they need in order to
ensure that we are in compliance for the coming fiscal year of the city and the fund? Trustee Bishop
answered yes,because in the year 2000,in October is when there was a substantial salary increase which
took effect and that was a major factor in the contribution going up at that point.
cy, Chairperson Ison asked for any other questions,comments,or discussion. There being none,he
went on to Item C,under New Business,with the scheduling of meetings for the coming year. He said the
February meeting was already scheduled for the second Wednesday,February 12,2003. Following on with
the second Wednesday,the remaining meetings would therefore be scheduled for May 14,2003,August
13,2003,and November 12,2003,all beginning at 10:00 a.m.
Trustee Cornell reminded the Board that in November,her position as Trustee would be up as
well as that of Trustee Bishop,both of whom were completing the term of those Trustees who previously
vacated their positions. She stated that an election,if there were going to be one,would need to have the
paperwork put in motion. Chairperson Ison acknowledged the reminder and then called upon Doug
Lozen for his official report.
Mr.Lozen greeted the Board and advised that Foster&Foster had presented an actuarial analysis
of benefit improvements. He advised that this analysis was directed in correspondence provided and that
it deals primarily with the Cost of Living Adjustment and the provision for normal retirement upon the
attainment of thirty years of credited service,regardless of age and there is one item that looks at a
disability benefit according to the same provisions as chapter plans for police and fire for municipalities
throughout the state. He went on to say this study was done with consideration that member contributions
would pay for the improvements and to the nearest one-hundredth of a percent or so,the City's
contributions remains constant,right around 10%. He explained that the last column of the document,
indicates the effect on bi-weekly paychecks and making an assumption that the gross weekly salary is$400
and there is 25%income tax withholding and that anyone who makes different than$400 can do a
proportion to figure out the effect on their individual bi-weekly take home. He then asked for any
questions.
Trustee Vogt said he must have misunderstood the questions he asked at the last meeting when
this was requested because in the minutes it indicated that he asked if he was correct in understanding that
this benefit is not retroactive,that people who retire before the effective date would not get the COLA and
General Employee Pension Board Meeting Minutes
August 8,2002
Page 13 of 17
the minutes reflect that Chairperson Ison said at the time that this was correct. He continued to say that on
the cover letter for this it says"It is important to point out that each of the Cost of Living Adjustments
study would apply to both current and future retirees and their beneficiaries." He asked if he was
understanding by that statement on the cover letter that these cost factors were done based on also
providing COLA's to people who have already retired? Mr.Lozen responded that it was just for active
members as of October 1,2002.
Trustee Vogt said that was okay, it was just not what he thought was going to be created. He said
the thing that he was worried about was if somebody were to say,"Why are we providing COLA to people
who didn't contribute to the cost of that COLA in the first place?"
Chairperson Ison responded that this was for information only so if it is opted to change that
when Attorney Dehner does his Ordinance,it could be changed,this was just to throw some costs out. Mr.
Lozen explained that it was not unusual that something like this would have an effective date,that those
retired as of a certain date get the improvements. Trustee Vogt said that it answered the question and that
it is possible that these costs would be larger than what would happen if the COLA only applied to the
people who retired after the effective date of implementation of the COLA. Chairperson Ison responded
that this would then give the maximum cost,not the minimum.
Trustee Vogt said that he did not know what the feeling of the Board was but he was okay with
letting the COLA apply to people who have already retired. He went on to say that this was saying the
COLA adjustment study would apply to both current and future retirees,which would mean that those who
had already retired would be getting what amounts to a windfall because the current pension members
would wind up bearing the costs of that benefit for people who have already retired. He said he was not
totally against that as he did not think the difference in cost would be so great. Trustee Cornell said she
would be totally against that but this was only an information gathering process. Chairperson Ison said he
agreed with Trustee Cornell,that the obligation of this Board was to those present members and their
future,not going backwards.
Trustee Bishop said he felt uncomfortable with regards to the people that are already out there
and taking advantage of and getting a benefit.Chairperson Ison said this could be made effective
November 2002,or whatever date was decided upon. Trustee Vogt then suggested that, if the feeling of
the Board is that,then that would invalidate this study because this study doesn't have the accurate figures
for what it is actually going to cost?Chairperson Ison asked Mr.Lozen to have another column added for
existing employees,and not include current retirees and have it at the next meeting. He then asked Mr.
Lozen if he had any other questions. Mr.Lozen said he did not,he had given the details,that it was really
up to the Board to digest the numbers. He mentioned that the most expensive item would require a member
contribution increase of 7.6%,a little more than double of what is coming out of the checks right now and
that would provide an immediate 3%COLA adjustment at normal retirement which is age 60.
Chairperson Ison asked the Board if they had any other questions or comments? Trustee Vogt
asked Mr.Lozen if he could give a rough estimate of how much lower these percentages would be as a
result of excluding COLA's from the current retiree base? Mr.Lozen responded that would be difficult to
say as he had not done this particular study and he had learned in the past not to guess at anything like that.
He did however,state that he would have the results back to the Board to look at in a short period of time,
perhaps in the next week.
Chairperson Ison called on Attorney Dehner for comments. Attorney Dehner said that just from
the time frame standpoint this probably could be recommended and put forth for consideration by the City
but that probably wouldn't be until the next budget year,after October 1. He said that the first thing would
be to have a new valuation because of the recent investment experience and that it would be likely that the
cost of this would increase. He also said that if the member contributions were fixed,it would be logical
that the City would be paying the additional.
L
iZ
General Employee Pension Board Meeting Minutes
August 8,2002
Page 14 of 17
Mr.Lozen responded that the relative costs should be roughly the same even though they would
be looking at a new membership. He said that bottom line right now City is 10,that it could go up to 11 or
12 with the next valuation.He added that to study the same improvements and to make members cover it,
would not effect them so much,but the City's bottom line would increase,no matter what.
Attorney Dehner said that is the importance to the City. He said the Board should be as accurate
as possible when presenting this to the City and that it would probably be based on the October 1,2002
valuation,with benefit improvements,the City's contributions based on the actuarial experience will be
greater than it is under the current plan. Mr.Lozen said that was right,but that by itself doesn't mean that
each one of these items becomes that much more expensive relative to each other. He added that bottom
line City is,the valuation is going to cause the cost to increase. He said that if they wanted to look at the
City perhaps paying for some of these improvements,that funding,if done based on the 10/1/02 valuation,
would not have to be taken care of until 9/30/04.
Attorney Dehner asked Mr.Lozen if these would be valid numbers to move forward and use for
the purpose of discussion with the membership? Mr.Lozen said yes.
Chairperson Ison asked the Trustees if,at the meeting scheduled for November 19,they thought
this could be made an item in a workshop session and let the employees who are participants know by
email or some other type of invitation,about the workshop and get their feeling for it? He suggested that
this could be done early,before the regular Agenda so the employees would not have to stay through the
entire meeting. All of the Trustees responded affirmatively. Trustee Vogt commented that the updated
numbers would be available by then also. Chairperson Ison agreed and said that there would be actual
numbers to work on. He asked if$400 was a fair figure to be using? Trustee Vogt said yes,because no
matter what number is used it can always be proportioned. Chairperson Ison stated that was biggest
problem last time because the employees didn't know how to calculate their impact. Trustee Vogt said
that,if this were to be presented to the employees,he would favor,instead of taking a fixed gross weekly
salary,doing it as the exact percentage that is the factor to keep from alarming the employees with a dollar
amount.
Buddy Elmore,one of the members,asked Chairperson Ison when this would take effect?
Chairperson Ison said that if it is done on November 19 and recommended that Attorney Dehner draw
the Ordinance,then it would probably be in February of 2003. He added that if the Board were to so
choose,they could ask the Commission in Ordinance to make it effective November,2002.
Trustee Vogt asked if it would be possible to add a Plan alternative because he noticed one
missing. For consideration this study shows the cost factor for out at no COLA and the cost for out factor
at 5%,and 3%,but there is no out at 2%COLA. Mr.Lozen said that could be added.
Trustee Vogt then asked what frequency everyone was leaning toward so it could be put in the
30-and-out for 2%? His suggestion was immediately. Chairperson Ison said he was looking for
immediately. Trustee Vogt went on to ask about every year,every two years,or every five years?
Trustee Cornell said she felt this was something that needed to be discussed with the people in the
workshop to see what the feeling is or the mood is of the people before this Board does too much work on
it.
Chairperson Ison said that if he had to use an arbitrary figure,he would rather use the rate of
inflation expected. He said that way they would not be backing up and the Ordinance could be changed as
needed. It could be set for so many years and then changed again. Trustee Vogt said that at the last
meeting it was said that it was actuarially more difficult to try to link the COLA rate with an index of any
kind because they would then be assuming an index rate that we may or may not experience,thereby
decreasing the soundness of the fund.
(IlorChairperson Ison reminded that this would not be a figure that would have to be lived with for
twelve years or ten years,but it also could not be made so it would be cost prohibitive to the members. He
14
General Employee Pension Board Meeting Minutes
August 8,2002
Page 15 of 17
suggested that the lower it is made the better it would be and if it is kept where the COLA has been the past
three years and where it may be going,that would be a figure the employees could see so they would know
they are not going to back up five years from now.
Trustee Vogt said he would like to get back to the line item that would be added,the 30-and-out,
based on the probably less than real 2%inflation rate,and asked if that line item should have a COLA start
immediately and then a frequency of every year,every two years or every five years for discussion for the
workshop of November 19,not necessarily saying that any one of those items is favored over the other.
Chairperson Ison said that three years would be in the middle. Trustee Vogt said that was one of the
COLA frequencies that did not appear on this list anywhere,but agreed with every third year,2%with 30-
and-out,starting immediately.
Chairperson Ison asked for any other comments. Trustee Vogt asked if Mr.Lozen would be at
the workshop on November 19?Chairperson Ison asked Mr.Lozen if he or someone from his firm could
come over so they could be here for the discussion. Mr.Lozen responded that the firm could have someone
in attendance at the Board's pleasure. Chairperson Ison said that would be good,that the meeting would
be at 10:00 a.m.and it would be handled first so it would not be necessary to stay through the entire
meeting.
Returning to Agenda Items,Chairperson Ison called on Attorney Dehner.
Attorney Denner said that before drafting the Ordinance which was discussed at the prior meeting,
there were several things to do to in compliance with the Economic Growth and Tax Relief Reconciliation
Act. He said that is in Section 3 and Section 4 of the Ordinance and also as previously discussed,one of
the opportunities the plan now has is to provide in the Plan that rollovers or transfers will be accepted into
the plan. He added that,in conjunction with that there are the prior service buy back provisions for prior
military service as well as prior governmental service as discussed. He said with all of that,the Ordinance
was ready for the Board to review and to recommend this adoption by the City.
Chairperson Ison explained to Trustee Bishop that this is an Ordinance in which this Board
requests the City Commission to adopt,and there have been several of these in the course of day to day
business of the Board,or sometimes they are done when making improvements. He explained that this
Board approving it does not mean that it is approved,it just gets put forth on the City Commission Agenda
and Attorney Dehner generally sends a letter accompanying to explain it and the City Manager or anyone
else can ask him questions on it. He then asked if there was any discussion on this Ordinance? There
being none, it was on motion made by Trustee Cornell and seconded by Trustee Bishop,unanimously
RESOLVED,that the Ordinance as presented by Attorney H.Lee Dehner,be
approved for presentation to the City Commission for approval.
Attorney Dehner thanked the Board. He said he would complete the Ordinance and he felt that the
Board could anticipate favorable consideration because a very similar recommendation from Police and
Fire had recently been accepted.
Chairperson Ison returned to the Agenda and stated that the next Item was to set the February
meeting which had already been done and suggested that perhaps the work session for that meeting would
not be needed since there would be one in November. Attorney Dehner commented about the February
work session. He reminded the Board that was started several years ago,originally for the purpose of
answering any questions or general explanation of the Plan,but for legal aspects and actuarial aspects,that
is the meeting when valuation report is received from Foster&Foster,the one that is as of October 1,2002,
in this case and,in conjunction with that valuation,they prepare certificates for each member of the Plan,
explaining where they are in terms of their progress. He said that is the purpose of that meeting as well so
they can be distributed to the members and receive explanation on the way those certificates work. He then
said that if the Board was still interested in doing that aspect of it,that would require a workshop in
February.
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August 8,2002
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Chairperson Ison said the work session could be kept in for the February meeting. Trustee
Vogt asked if a separate session would be needed? Chairperson Ison said yes,that it would just be at the
front side of the regular session. The meeting will start at 10:00 a.m.as usual,the work session will just be
the first item on the Agenda.
Chairperson Ison then asked Attorney Dehner if he had any comments regarding Rules and
Procedures? Attorney Dehner said yes. He reminded the Board that at the May meeting the rules as they
were before the Board were adopted. He advised that a final copy without the draft stamp on it was on its
way to Trustee Cornell for copying and distribution to the Trustees.
Chairperson Ison then moved on to Other Business,the first part of which was for the Payment
of Bills which were included in the Trustees packets. He asked if there were any questions or comments.
There being none,it was,on motion made by Trustee Cornell and seconded by Trustee Bishop,
unanimously
RESOLVED that the list of bills be approved and paid as presented.
Chairperson Ison then asked Trustee Cornell if there was any additional correspondence to
discuss? Trustee Cornell said there was none,but that she wanted to bring to the attention of Trustee
Bishop,in particular,the training session for him and that she did have some information sent from FTPTA
for him if he would like. She said the training session was a requirement during the term of his
appointment. Chairperson Ison reminded that Trustee Miller had missed the last training session,so he
would need to be included in that.
Attorney Dehner asked Chairperson Ison if that was to be in-house? Chairperson Ison responded
(110 yes and asked if could arrange it with Trustees Miller and Bishop. Trustee Cornell asked,if she should be
reappointed in October for a new term,would she need to go through the training again? Attorney Dehner
replied that the requirement was for one training session each time.Trustee Cornell said that,in that case,
she would also need to be a part of the training session. Attorney Dehner asked if Trustee Bishop had
received the copy of the administrative responsibility outline that he had distributed. Trustee Cornell said
that he had not yet received it,that she would be giving it to him.
Attorney Dehner then asked Trustee Bishop if he had filed his financial disclosure. Trustee
Bishop said he had just received the form from the City Clerk yesterday and that he would complete it.
Attorney Dehner then asked if anyone knew of former Trustee Bob Smith had filed his final disclosure.
Trustee Cornell said she had provided it to him with instructions to file it,but did not know if it had been
done. Chairperson Ison said he would contact Mr.Smith by telephone prior to the next meeting to
determine the status of the filing.
Chairperson Ison then asked Trustee Cornell about the election she had mentioned earlier.
Trustee Cornell responded that she had just learned that her appointment had been to complete the term
which was previously being served by Joyce Oliver and that term would end in October,even though she
had thought it was a two-year term. Chairperson Ison said he had also thought it was a two-year term. He
then asked Trustee Cornell if her position was appointed at will. She responded that was correct.
Chairperson Ison made a motion that Trustee Cornell be reappointed,the motion was
seconded by Trustee Vogt and it was,unanimously
RESOLVED that Trustee Patricia Cornell be appointed to a full two-year term,
such term beginning October 1,2002 and expiring September 30,2004.
Attorney Denner reminded that Trustee Cornell's name would have to be submitted to the
Commission for confirmation and she would then be official by the next meeting. He added that,with
respect to the issue about the term,when it would begin and when it would end,if a new Trustee is taking
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August 8,2002
Page 17 of 17
the place of a prior Trustee who left mid-term for whatever reason,that person fulfills the remainder of that
term.
Trustee Bishop said that was his situation. Attorney Dehner agreed. Chairperson Ison then
asked Attorney Dehner if there would have to be another election? Attorney Dehner said yes,at the
expiration of that seat. Chairperson Ison said that would be September 30,2002,which would not allow
for much time.
Trustee Cornell asked Trustee Vogt if he would help get that together and do another election.
Trustee Vogt asked about the dates. Trustee Cornell said that the next quarterly meeting would be in
November so whoever will be serving in that position will need to be in place before the next quarterly
meeting. Chairperson Ison said that the Board should set the date for the election and suggested
September 12,2002.
Trustee Cornell said they would do the balloting with that paycheck,providing that that pay
period corresponds. Chairperson Ison advised that the date could be changed if it did not correspond. He
went on to say that if the results of the election are as anticipated and if Trustee Bishop is the only person
on the ballot, it could be put on the November Agenda to recognize his reappointment. In the case that
someone else would be elected,then a special session would be called.
Attorney Dehner pointed out that this procedure is covered in the Rules in Section 1.7. It does
provide for nominations between August 1 and August 15,so those dates would need to be changed. He
reminded that someone could nominate himself or herself. The election will be in September and the term
will begin October 1.
Trustee Vogt asked how long the nomination period is according to the regulations.Chairperson
Ison said it was a two-week period and it would be done in September. Trustee Cornell said it could be
done between September 1 and 15 and then still do the election. Trustee Vogt suggested targeting August
15—29. Trustee Cornell and Trustee Vogt agreed to work together on this and then they would contact
Jean Grafton to set it up.
Attorney Dehner recommended that they refer to Rule 1.7,sub-paragraph A. He reminded that the
rule is very specific and that the rule can be followed with the exception of the August 1-15 dates. He said
that with the rules being so specific,they must be followed closely.
Chairperson Ison said he had made notes on the Agenda for the next meeting and would get
together with Trustees Cornell and Vogt to set that Agenda. He asked for any other comments. There
being none,the meeting was adjourned at 12:10 p.m.
Respectfully submitted
Jo Ann Lacey,
Recording Secretary of the Meeting
Approved by: Tom Ison,Chairperson
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