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The Most Significant Challenge to NCUA’s Authority

July 30, National Whistleblowers Appreciation Day, is the publishing date for Community Capital,  Race, Equity and the Credit Union Movement.

Clifford Rosenthal and Michel McCray are co-authors. The book’s detailed case study is in Part Two.  In an earlier post, I quoted Rosenthal on its significance even today.

The story of Kappa Alpha Psi FCU and its abrupt liquidation in 2010 is recounted in five chapters by McCray with frequent observations from participants and referencing key documents from NCUA.

This excerpt from Chapter 12, Alice in Wonderland, presents a core issue.

Regrettably, NCUA evaluated KAPFCU as if it were a mature credit union, defined as being ten years old with $10 million or more in assets. The accounting rules and regulations are entirely different for these small, new credit unions—but KAPFCU was improperly evaluated based on the much higher standard by NCUA examiners.

Ignoring the improvement in KAPFCU’s NWR to 3.67% by June 30, 2010, NCUA opted to move forward with liquidating the credit union. KAPFCU challenged NCUA’s action, bringing the case to the federal district court in Washington, D.C.

Ironically, KAPFCU’s court case may be the most significant challenge to the NCUA’s authority in recent memory. This tiny African American credit union was contesting the constitutionality of the Federal Credit Union Act and NCUA’s rules and regulations themselves. KAPFCU’s chief complaint was that it had not been afforded the full flexibility allowed under NCUA rules, regulations, and supervisory authority for credit unions of similar size and character.  (page 178)

Tomorrow:  the clash of personalities and backgrounds.

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The Ultimate Coop Advantage

Every organization will face moments or periods of crisis.  These events can cause leaders to question the sustainability of their enterprise.

Sometimes the challenges are internal:  succession, mismanagement, poor leadership, or loss of confidence and purpose.   External threats seem  never ending from unrelenting competition, extraordinary climate events, and even the constant probing by criminal or ransomware bad actors.

What is the ultimate defense against these dual sourced  tests?   Some would say it is the level of capital (net worth ratio);  others, capable tested leadership; and finally some credit unions will reference the fact they are NCUA insured.

The irony of this last assurance is that NCUA has clearly demonstrated that it is not in the business of protecting credit union charters or even granting new ones.   Their approach is purely administrative: to note the steady passing and decline of  industry charters in quarterly updates.

The Strength in All Seasons

I read this mission-like purpose statement recently:

Our purpose is to manifest unity as:

We experience, practice and pursue community;

We share resources willingly to benefit one another;

We know and respond to other’s burdens;

We encourage, admonish and support each another;

So that together we achieve greater economic justice and individual well-being for this and generations to come.

Too idealistic?   Almost religious in tone?   Yet it captures the most important foundation of cooperative strength:  the support and belief of the member-owners working together, that is “community.”

When member confidence in a credit union is not the primary goal of every transaction or service, sooner or later, the owners will see that the organization as just another financial option.  It will have lost the unique cooperative foundation-the loyalty and belief of its members.

This confidence should be the principal responsibility of the board, to be visible and available in all seasons—the good and the challenges.

Because credit unions are in the financial business, it is tempting to assure success in purely financial numbers or goals.  However that has never been the credit union advantage.  Rather it is the relationships with members.  That is an outcome earned over months and years, not achieved with a branding or inventive marketing effort or even offering the latest technology.

Credit unions are organized on one of the most important aspects of life—what we seek is  relationships that reflect our values and priorities.

What matters to you in your activities and professional endeavors?  The $ signs or the relationships?

 

 

 

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A Preview for July 4th, 2024

American Commerce and the Declaration of Independence

The 4th of July is every person’s chance to celebrate the nation’s birthday and honor our collective vision.

Among the Declaration’s unalienable Rights is “the pursuit of Happiness.”

The Commercial Spirit

This pursuit of happiness has become entwined with America’s commerce. In the post WW II federal highway infrastructure project, the car became a symbol of this open-ended personal adventure.

In 1976, Chevrolet was the most popular car in the USA. General Motors crafted a slogan with video declaring that Chevy and the USA were the same: “Baseball, hot dogs, apple pie, and Chevrolet.”  The company even tried to appropriate baseball’s 7th inning stretch to celebrate its brand leadership.

Today, crowds stand to sing God Bless America. A triumph of ideals over markets?

Independence and Credit Unions

Credit unions are an expression of America’s founding document.  Their self-help character demonstrate what makes American freedom and enterprise so powerful.

Credit unions embody more than the Declaration’s goals of life and liberty.  Cooperatives exemplify how the document’s spirit is to be realized in application. The last sentence reads:

And for the support of this Declaration . . . we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

This mutual pledge is every credit union’s founding ethos. Moreover, like America’s political democracy, the cooperative system depends on individuals’ character and their adherence to the principle of self-rule.

The first generation of credit union pioneers. like the founding fathers and mothers. understood both the ideals and challenges of self-government.   Credit unions are started and sustained by volunteers.  They shared funds and a commitment to address needs and common purpose.

The initial dimes and quarters may have been small, but their impact on lives was real.   Like the political colonies, these economic revolutionaries knew each other.  They joined to spread their vision of financial self-rule across America.

The Challenge

While the Declaration’s truths may seem self-evident, the democratic process is an ongoing experiment.  Today almost all credit union founders have passed on—will their basic principles be sustained?

As professional leaders take over, will their institutional ambitions for growth and size replace common purpose for members?  Will the pursuit of happiness instead become the happiness of pursuit?

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A Book Illuminating Recent Credit Union Struggles

July 30, National Whistleblowers Appreciation Day, is the publishing date for Community Capital,  Race, Equity and the Credit Union Movement.  

Here is a brief excerpt by Clifford Rosenthal, one of the authors.  The book’s principal case study is in Part Two. It is the story of Kappa Alpha Psi FCU and its abrupt liquidation in 2010 as recounted by one of the participants, and co-author, Michael McCray

From The Historical Context, page 20, by Clifford Rosenthal (used with permission):

     On August 3, 2010, without notice, NCUA seized and liquidated KAPFCU, sending out checks to close member depositors accounts. KAPFCU was effectively dead and gone.

      Why was KAPFCU’s case so important? For decades before and since, a steady stream of liquidations and mergers decimated the ranks of Black and other credit unions serving communities of color. Our Federation lost many small credit unions, painfully including many Black credit unions with roots in the Civil Rights movement and even earlier.

    But KAPFCU did what no credit union in our movement had dared to do during my 30 years at the Federation: they fought the liquidation in federal court.

    KAPFCU’s fate could have been—should have been—different. Had KAPFCU prevailed in court, Michael argued, KAPFCU v. NCUA could have been the landmark Brown vs. Topeka Board of Education case for the credit union movement.

 On Vacation

Next week I will be away at a singing camp working on Ralph Vaughn Williams’ A Sea Symphony and Five Mystical Songs.  Upon returning, I will post a number of key moments from the book to illustrate both the content and the style.   It is a glimpse into NCUA actions long before the letters DEI were aligned together.

In the meantime it can be ordered on Amazon for those who can’t wait.

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An Incumbant’s View of Democracy

 

“Tonight I taught my kids about democracy. 

First, they all voted on pizza toppings and which movie they wanted to watch. 

Then I chose the pizza and the film because I have all the money.”

This  “officeholder” view reminds me of the chairman of some credit union Board’s nominating committee. “I choose the names because I have all the . . .”

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Foundation Documents:  When Words Matter

“Polonius: What do you read, my lord?

Hamlet: Words, words, words.”

While seeming to trivialize text, Shakespeare’s most glorious legacy is his words.  Hamlet’s response  illustrates his indecisiveness at that point.

Some words matter more than others. The National Archives has just added two Foundation Documents to the three preserved under glass in its Rotunda: the Declaration of Independence, the Constitution and the Bill of Rights.  This legacy of words formed a new country and continues to motivate debate and political action today.

The two additional documents which can be seen in their original form for only the next three days are the two emancipation proclamations.   The first is Lincoln’s Emancipation Proclamation on January 1, 1863, as the nation approached its third year of the bloody civil war. The proclamation declared “that all persons held as slaves” within the rebellious states “are, and henceforward shall be free.”

The second is General Order Number 3 issued in Galveston, Texas, nearly 160 years ago. June 19th is the day the people of that city learned of the existence of the Emancipation Proclamation and its promise of freedom for enslaved people in the United States.

But it took more than a General’s Order as related in this article:  The last two sentences of General Order Number 3 stated, “the freedmen are advised to remain quietly at their present homes and work for wages. They are informed that they will not be allowed to collect at military posts and that they will not be supported in idleness either there or elsewhere.”

This foreshadowed the struggle for fair treatment and eventually led to the ratification of the 13th Amendment in 1865, which ended slavery in all states; the 14th Amendment in 1868, which provided citizenship, due process, and equal protection to all persons born or naturalized in the United States; and the 15th Amendment in 1870, which provided the opportunity to Black men to vote and hold office.

What Makes a Foundation Document?

The addition of the Emancipation declarations to the three original Revolutionary era ones, show that America’s founding ideal of freedom is not won and done.  It is an ongoing process subject to challenge.  Always a work in process.

The Archives Central Rotunda room is dark and cavernous.  The documents are barely visible in light equal to four candles, the original illumination.  Its temple-like appearance is appropriate for these articles of political faith.

Below the Rotunda is the  Rubenstein gallery with its more active historical description of multiple citizen campaigns to attain the rights promised in the Rotunda’s collection.  One educational purpose in showing these historical, and ongoing struggles, is that freedom is fragile.  It requires effort and constant vigilance.

Entering this exhibit are the words: “The great glory of American democracy is the right to protest for the right.”  The major controversies and generation long battles for equal rights are profiled in multiple contexts from slavery, women’s suffrage, union organizing and Pride protests.

Do Credit Unions Have Founding Documents?

How does the cooperative movement fit into America’s ever-evolving quest for greater individual and social freedoms?

Certainly, fairness and economic equity have been an important part of the political debates from the very founding of the initial colonies.  Building cooperative financial options to counter the overwhelming concentrations of capitalist power and control was an essential part of the  progressive reform initiatives in the 19th and early 20th centuries.

But do credit unions have “foundational documents,” that is words that motivate and energize when someone  believes and acts on them? Would words like Member-owned;  People Helping People; or some longer statement from Filene, Estes Park or even later in credit evolution be essential for understanding today’s movement?

Many credit unions have an About section on their web site providing the story of their beginnings. Some will even show continuity with the institution as it exists today.

The difference between a story of words, and a founding document, is that the latter still animates today’s leaders.  These are people who believe that the credit union ideal, like freedom itself, is a never ending struggle between the status quo led by those in charge versus the needs of those left out or behind.

Benjamin Franklin is quoted in the Archives’ Rights exhibition:  “There is truth in the old saying that if you make yourself a sheep, wolves will eat you.”

If a credit union has difficulty identifying its founding documents,  it is not because these do not exist. It is because they have been forgotten or overridden or, more likely, just eaten by wolves.

To honor and celebrate those on whose shoulders we stand, professionally or personally, take a moment to find that family, organizational or external expression that captures your purpose.

If you can’t readily identify one, you might link to this site and read through an example of engagement powered by words.   Credit union member rights, like all rights, are just words until someone believes in them and acts to attain their full meaning.

 

 

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Regulation as a Service

There is a growing use or reinterpretation of  business models where a critical product or solution is not managed in house, but rather outsourced to a third party.

“Software as a service,” a term with multiple meanings, is one example.  Another I learned about recently was “banking as a service.” In this configuration the chartering functions are separate  from the back office support operations, which are run totally by a third party.

In these “service” models, separate organizations integrate their special skills to achieve common purpose.

There was a time and indeed an era, when credit union regulation was seen as actual “public service.” That is regulators were to serve the operations, needs and success of the overall cooperative system.  Their role was integral and supportive. Regulators were not a distant authority merely keeping lookout for and, if necessary, the cleanup  business accidents.

Regulation as a Service

The following are the high points from an extended list in an NCUA Annual report  for how the Agency, in its word, “served” America’s credit unions that year.  There were two categories:  Benefits and Outreach.

For credit unions benefit:

NCUA’s efforts to reduce costs and implement efficiency resulted in federal credit union paying 2.9% of $1.3 million less in 1997 to support NCUA operations.

The second consecutive NCUSIF dividend which returned over $100 million to federally insured credit unions  last October.  . . is a tribute to the strength and sound management skills of today’s credit union community.

At NCUA a major contribution to efficiency was fully implementing the new Automated Integrated Regulatory Examination system (AIRES).  It is a critical component to improve the examination process for both NCUA and credit unions.

Outreach Initiated

Last year 12 federal credit unions and 12 NCUA examiners participated in a pilot program placing examiners behind the scenes  in credit unions for two weeks.The purpose was to provide examiners with first hand knowledge of daily credit union operations.

NCUA began asking credit unions to evaluate their NCUA exam in a brief one-page critique. The goal is to incorporate improvements and to promote open communications with credit unions.

A technical highlight was linking NCUA to the World Wide Web.

The agency . .. launched a major effort to achieve a diverse work force and improve our employee’s quality of life.

(Source:  Page 6  NCUA 1996 Annual Report)

A Public Servant vs. An Independent Regulator

Following the corporate crisis in 2008/09, the NCUA board stressed their independence from credit unions. The revised corporate rules were imposed, not created in consultations. Other examples were the initial refusal to publish and take comments on the agency budget and the secrecy of the NOL calculation.  And later on, the risk-based capital regulation.

These initiatives and publications (A Guide to Credit Union Mergers) and proposed rules (closing all home-based credit unions) were from a position that “NCUA knows best.”

While some regulators will have initiatives from their experience with credit unions, many NCUA board members have little or no prior first-hand knowledge.   As a result they seek answers in the statutes, by looking across town to other regulators, or sometimes simply following the political winds of the Administration (Free market or Consumer protection are recent examples).

Weathervanes Responding to Winds?

To overcome this inexperience and/or knowledge gap, regulation as a service is one way board members can align their priorities with credit union needs.  Without this focus, it is easy to set policy by default. Look for where the wind is blowing the hardest versus what would assist credit unions to better serve members.

Instead of service for the public, NCUA becomes another Washington DC governmental “authority” directing members’ lives.

The interesting part about the verbatim accomplishments reprinted above is that most of these initiatives were not new.   But they reflected an attitude of accountability and support for the credit union community.   Not a bad place for any policy or priority to start.

Editors note:  For an even older description of this service approach read the article, Changing Role of the Regulator: Relationship Based On Mutual Respect,  by CEO Frank Wielga on pages 14 in NCUA’s 1984 Annual Report )

 

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A Contemporary Father’s Day Parable

Most  are familiar with the Biblical story of the Prodigal Son.  It is from Luke chapter 15.

In brief: the younger son did not want to wait for his father’s death to claim his inheritance, and instead asked for it immediately.

Verse 13 tells what happens next:  The younger son gathered all he had, traveled to a distant country, and there he squandered his property in dissolute living.

Broke and hungry living with animals, he traveled home intending to tell his father in verse 19, “ I have sinned against heaven and before you. I am no longer worthy to be called your son; treat me like one of your hired hands.”

Instead of the expected reaction of “you made your bed, now lie in it” the father instead, “was filled with compassion and put his arms around him and kissed him.” (verse 20)

The Parable Today

How do you react to this picture? Like the father or the elder son whose response was: “I have never disobeyed your command; yet you have never given me even a young goat so that I might celebrate with my friends. But when this son of yours came back who has devoured all your property with prostitutes, you killed the fatted calf for him.”  (verses 29-30)

Lost and then found?  Compassion or condemnation?  Like all parables, this modern day event helps us see who we are.

Also a reminder on Fathers’ Day of who we can be.