Heroes In a Time of Crisis: Investing in Staff and Members’ Well Being

The following is a coronavirus action plan from Doug Fecher, CEO of Wright-Patt Credit Union in Beavercreek, Ohio. He opens by honoring all those serving on the front lines, outlines changes in operations (details omitted) and summarizes the waiving of many member fees. The member actions below could reduce income by $50 million or more depending on the length of the crisis. This, he says, is why we have capital. “I’m sure there’s more we can do, and will do, but this is where we’re starting.”


Partners,

What is a hero?

No matter what the dictionary says, for me it is someone who simply answers the call. Often we think of saving a life, but actually most heroic acts are things we don’t usually think about at all. More often than not, heroes are those who take care of their neighbors when nobody else will.

Some people put themselves in position to perform heroic acts. Others find themselves thrust into the role– finding themselves at a crossroads of time, place, and opportunity where a decision must be made. Do I step up or not?

Being a hero doesn’t mean we don’t have fear – it means we do what we need to do despite being afraid.

Imagine life without our everyday heroes.

First responders, members of the military, nurses, and doctors are clearly heroes. But they aren’t the only ones. So understand me when I say, with all due respect to those obvious heroes, that I consider people like us – people who work in grocery stores, pharmacies, and other typical businesses who never thought that what they do is provide essential community services – those people can be heroes too.

And make no mistake – this includes all of you! You and your colleagues at WPCU who work in a business that provides one of the most essential services of all – peace of mind. At a time when you are worrying about your own families you are also being asked by the credit union to step up for others – to make sure members don’t run out of the cash they need to manage their own way through this terrible and unprecedented event.

None of this is easy. Everybody wants passionately to get it right. I want to assure you that we are doing everything we can to balance the interests of all our stakeholders to make the best decisions we can. Things are changing daily, even hourly, and so as they change so will the decisions we make to navigate our way through each day.

Heroes. That’s what I think you are, and I don’t think I’m overstating it. I cannot thank you enough.

Now let me update you on where we are today: [internal operations omitted]

Member Temporary Emergency Relief Services

We are putting in place a set of emergency relief services to help members cope with the economic hardship of job loss or reduced income. These services will be available as soon as practical (some require programming, etc. that may take a few days).

Emergency relief services include:

  • Temporary unemployment loans are available at 4% interest
  • Early withdrawal penalties on share certificates of deposit are waived (daily cash withdrawal limits apply).
  • Late fees on loans are waived.
  • Consumer credit card limits for creditworthy borrowers are automatically increased by $1,000.00; higher limits may be available by request.
  • Commercial credit card limits may be increased upon request.
  • Members are permitted to skip up to three consumer loan payments without penalty (Skip a pay may not be available on certain loans). Additional skip-payments may be granted upon request.
  • We are temporarily suspending new foreclosures and automobile repossessions. If you are having trouble paying your bills we urge you to contact us so that we can help.

We are also implementing a temporary change to member fees in order to provide further relief:

  • Share transfer fees for NSF/overdrafts are suspended.
  • NSF/overdrafts fees are suspended.
  • Member choice transaction fees are suspended.
  • Foreign ATM fees are suspended.

Thank you …

These are difficult times, but they are temporary. We will get through this even if we don’t know just how long it will last. Our community will become more used to a new normal way of doing things including accessing cash, and this will happen even before the crisis ends. Every day that passes brings us one day closer to this being over.

I hope you understand that the actions we are taking are to protect our partners and members as best we can. Truth be told I personally hate that we can’t just close shop and have everyone go home to wait this out. But if a home catches fire the firefighters will show up. If you go to a hospital there will be doctors and nurses waiting to care for you. If you need food or medicine there will be grocery and a pharmacy open to help you. And if you need cash or can’t pay your bills, buy basic supplies, or take care of your family, we are your credit union. We will be there for you too. Closing our business is just not an option.

And that’s why I think you all are heroes. It’s not something I say lightly, and so when I say thanks for all you’re doing, I hope understand the emotion and force of those words. I simply can’t thank you enough.

Doug Fecher, CEO

“In the beginning. . .“

From the St. Anne’s Credit Union website

Founded in 1936 and headquartered in Fall River, MA, St. Anne’s Credit Union has been providing financial products and services to SouthCoast communities for over 80 years.

St. Anne’s Credit Union was established in the midst of a depression, by a young man named William J. Cyr who saw the possibilities – people helping each other regain their financial health. With the assistance of a group of friends, Cyr began collecting 25 cents from several people after church each Sunday to accumulate enough funds to qualify for a federal charter. With assets totaling $1016, St. Anne’s became a fully sanctioned federal credit union in 1936. Realizing the positive impact this had on the community, Cyr went on to found 36 more credit unions throughout New England. [emphasis added]

 The further you look back, the longer you can look ahead.

Learning at the Speed of the Crisis: A Cooperative Advantage

Everything Cancelled! That is the economic and social reality today from the coronavirus crisis. Except for one critical capacity-to learn at the speed of change.

Credit unions have three distinct strengths in the current crisis:

  1. They focus locally. Regardless of national guidelines or initiatives, all execution is local. Schools, businesses, health care and all services are led and delivered specifically for each community The community is the “home field” advantage of every credit union.
  2. Members come first, not a stock price or buybacks, or jousting for a corporate takeover as competitors weaken. Members are why we exist. Their financial health is each institutions’ “social capital” of trust.
  3. Collaboration, based on the principle of self-help, is our competitive advantage. Working together even with “social distancing” is integral to our system’s design.

Turning to Action

When asked about knowing the peak of the curve tracking the virus spread, NIH infectious disease expert Dr Fauci stated: “We don’t know about it until after the fact.”

In contrast to this post-event knowledge (hindsight is always 20:20) the cooperative advantage is the ability to share and learn from each other to proceed with confidence through each phase of a crisis. Real time sharing brings insight and foresight.

Every crisis, externally imposed or internally caused, goes through a similar, predictable cycle: Discovery/incident, growing realization of impact, uncertainty creating fear and doomsday predictions; responses-local and national; slow recovery, and step by step return to normalcy.

The greatest danger is to get stuck in judgments in one part of the cycle and assume that will be the situation forever. The best example is NCUA’s actions to the corporate investment portfolios in2008/09.

Learning occurs from first-hand intra-industry sharing about credit unions plans and actions. Often in real time webinars.

“Uninterrupted Service” and “There’s a lot we can do”

One CEO’s focus in his staff communications is to ”deliver uninterrupted service to members.” He further observed:

We are offering members a variety of ways to help them. We have a temporary income replacement loan with an interest rate of 2 or 3 percent. Also a few extra free skip-a-pays (we offer one free skip-a-pay per year as a matter of routine). Our Governor closed our schools for three weeks which is creating a childcare nightmare for our mostly parent-age employees so we are considering an interest-free loan for any extra childcare expenses they incur during the crisis (we need them to come to work if they can). 

So far not much of an issue for members – we’re getting some requests for assistance but only a handful so far. I expect this could increase significantly in coming months.

Our crisis team is meeting every day to re-assess and make new decisions. I’ve been around a long time and have never seen anything like this – this is worse than the great recession because of the panic around health. We will be fine – this is what we have capital for, right? We have a lot of it so there’s a lot we can do.

Keeping Credit Flowing-Lowest Borrowing Rates Ever

The Federal Reserve’s actions lowering short term rates to zero creates a potent borrowing and member lending opportunity for credit unions This morning’s fixed rate term loan advances from a FHLB ranged from .81% for one year to 1.02 for five years.

With this historically low cost of funds, credit unions can leverage their balance sheets to assist members to refinance outstanding loans. Refinanced loans have a payment history and can be secured. Lowering rates puts more cash in members’ hands or enables faster loan spay offs. Refi’s of home mortgages can benefit members years beyond the crisis.

Creating low cost short-term financing for those members and businesses subject to uncertainty is vital to an economic rebound. Credit unions have the local knowledge to direct their lending priorities where it is most needed in the community.

“An Essential Service” and “Being Good Neighbors”

I received the following excerpt in an email from a credit union:

Financial institutions are considered an essential service, so our branches are open to serve you during the shelter-in-place order impacting six Bay Area counties.

In a crisis, recovery starts from the bottom up, not the top down. While national funding can counter market’s liquidity panics, recoveries in retail sales, business re-openings and restoring normal patterns of commerce must occur locally. Dependable financial services are the oil to keep the wheels of commerce turning.

On Sunday I participated in a Zoom church gathering. The order of service was the same as if we were in the sanctuary, some music and congregational interaction through Zoom’s “gallery view.” The technology provided all regular service practices. By doing so it renewed a sense of community even without physical presence.

Learning inspires innovation. Another congregation announced in the midst of city-wide church closures in DC: “The church is not closed, but the church is changing its practices for the time being.” 

When everything is postponed or shutdown in our daily lives, all routines are unsettled.

Crisis can breed fear, even panic. One credit union reported a member who withdrew his entire share balance: $500,000.

Learning new ways to be good neighbors for our members, community and the coop system could be the most important outcome of this crisis experience. That would be an “essential service” lasting much longer than facilitating daily financial transactions.

Does Common Bond Matter Anymore?

Until the economic upheaval of the 1970s, the field of membership (common bond) was not only a legal requirement for a credit union charter. It was a practical necessity.

Credit unions for the entire 20th century were started with no financial capital. Rather, the sponsor support and subsidies as well as volunteers’ “sweat equity” enabled credit unions to slowly build up their financial capacity.

The employer based FOM was the dominant chartering model. With it came members on steady payrolls, space in the plant and personnel who would donate time to manage the daily interactions.

The field of membership was a way for beginning coops to focus their efforts on a market niche that provided a stable economic environment. Lending, long before FICO scores, was based on character and capacity. Character was determined by co-workers on the credit committee and capacity by how long you had been on the job.

The Unraveling of the FOM

Most states, and the federal regulator after 1934, interpreted the common bond literally. So, if a plant closed, a hospital merged or a business was sold, the credit union was deemed to have lost its organizing rationale and was liquidated.

From the late 1970s into the early years of the deregulation era, this rigidity resulted in closing credit unions, still financially viable, when their members were most in need. Mergers were not allowed of unlike common bonds. The dependence on stable employers was eroded by the changes in the economy that saw the Midwest manufacturing base decline into a so called rust belt. New service industries emerged which did not match the employment model of large manufacturing companies.

The Opening of the Common Bond

The economic disruption of the 1980s, the parallel deregulation of financial services and never-ending technology revolution have changed the traditional understanding of field of membership.

Today most credit unions have the ability to define their common bond in a way that matches their business goals. A few still retain a narrow common definition such as State Farm FCU, $4.2 billion in Bloomington, IL. Others such as Pentagon FCU claim a potential field of membership of 329 million. Or in other words, every American.

So does the common bond matter? Some competitors think so. One startup fintech serving the student loan market named itself Common Bond. On its website the company promotes itself with a values and social purpose philosophy versus what one might expect as offering the “best loan rates.”

The Common Bond Today

Ed Callahan, the former NCUA chair was sometimes accused of destroying the common bond. He would reply, “I don’t believe in THE common bond. I believe in A common bond.”

The focus Ed referred to is interpreted many ways by credit unions. Some like Ironworkers USA FCU turned its whole fortunes around by doubling down by serving more union members across the country. Many credit unions have embraced community charters even if they retain a core, legacy focus on an original sponsor.

Some credit unions reinterpret the common bond by rebranding with aspirational names: Xplore, Aspire, Brotherhood, Team 1. Others build a commitment around purpose or serving a particular need in the community such as Credit Human. Some focus on the cooperative message of ownership: My Credit Union or Western Cooperative.

What Common Bond Means

Time and again this topic arises in every credit union’s strategic journey. It is a core element of cooperative design. There is no single, clear working definition. But examples and history help us understand the importance of thinking clearly about this self-description. For it is the foundation of a credit union, not merely a legal license. Without this definition, the cooperative design becomes aimless, prey to the fates of fortune and chance. That’s not what members hope to find when they join a credit union.

The Cooperative System’s Unique Capabilities In a Crisis

Since the era of deregulation, the credit union system has navigated multiple national and local crises. These include the October 1987 stock market shock, the meltdown of the S&L system, the bankruptcy and government rescue of the FDIC and FSLIC, the Y2K uncertainty, the 9/11 terrorist attack, and the Great Recession of 2008/09.

Now the coronavirus threatens national physical and economic security.

There are three vital responses that characterize credit union capabilities in a crisis.

1. Liquidity

The number one priority for both credit unions and their members. As economic uncertainty mounts, markets begin to tighten, there is no longer rational pricing, and everyone starts to hoard cash. Consumer spending slows, job losses mount and business revenue becomes less certain.

The most important action credit unions take is to keep credit flowing. Actions include supporting members’ credit requests, financing purchases such as cars and housing, and marketing lower interest rates to help members refinance higher rate loans.

2. Act Counter-Cyclically

Credit unions are designed for crises. Cooperatives’ unique structure enables them to act counter cyclically and therefore stand against the market pressures to put institutional financial priority ahead of member interests. Credit unions are the solution to many of the individual and community economic strains a crisis brings. By keeping the loan windows open and liquidity available at normal rates, market failures can be ameliorated and the time to recovery shortened.

3. National Legislation

The national legislation that accompanies a crisis should be an opportunity to enhance the cooperative model, not queue up at the federal trough seeking taxpayer funds for an industry built on the concept of self-help.

Significant legislation to upgrade the cooperative system historically occurs once each decade. Given the rivalry with banking groups and conflicting treasury priorities, it is difficult to predict when and how any opportunity will occur.

Rather than being caught up in the bailout legislative frenzy, this is the time to upgrade the cooperative system. Necessary bold changes could include:

    1. The redesign of the CLF to bring governance by the member owners and to enhance purpose by enabling cooperative access to the secondary market via the CLF.
    2. Explicit recognition of member-owner rights in cooperative governance.
    3. Enhanced accountability and transparency by NCUA for use of member funds and the agency’s responsibility in advancing cooperative solutions.

Not Letting a Crisis Go to Waste

The urgency of a crisis can cause responsible parties to focus only on the immediate challenges and not broader opportunities. Restoring the status quo can dominate the immediate agenda.

Credit unions were created to transform market options for members. During the Depression they were a national policy response resulting in the passage of the FCU Act.

Credit unions can respond to crisis in ways firms worried about share prices and market reactions cannot. Their member ownership structure ensures credibility by placing members’ interest first. The cooperative financial structure permits patience to persevere through the cycles of value that accompany every crisis.

Leaders Who Believe in the Power of Self-Help

These features mean that credit unions, in crisis, can demonstrate practically and forcefully why America needs cooperative solutions more than ever.

The key to realizing these crisis advantages is leadership. Can the persons responsible avoid getting caught in the panics that ensue? Will leaders listen and collaborate with credit unions on the front lines already responding with creativity and resilience? Will they promote the cooperative solutions or revert to practiced roles promoting personal or political advantage?

The cooperative message is that we are not prisoners of fate in a crisis. Credit unions demonstrate the many ways to overcome the doubts of today for a better tomorrow.

What Can Credit Unions Learn from Bethesda’s Tastee Diner

In 1982 I moved to Bethesda, Md. It is a zip code address with a post office, but there is no city. The local government is the Montgomery County council. There is no local representation. As a result the Bethesda area’s fate is not controlled locally. A dominant objective of the County Council has been to stress development and the growing tax revenue that results.

Since the metro line opened in 1984, Bethesda has gone through waves of building booms and increasing construction. All local gas stations have been replaced by 12 story or greater condominiums. Local shops such as a fresh fish store, barbershops, nail salons and second hand consignment outlets survive only until the next rent increase.

The development boom has accelerated this past year with the construction of a new metro purple line connecting with the original red line stop. On top of this juncture of the two lines are three 30-40 story glass and steel office centers. No historical site such as the farmers market, no single or double story retail space is safe from this development driven construction frenzy. All the familiar, locally-owned businesses are being replaced by high end retailers, national chains and the latest trendy eateries.

The Tastee Diner

One business has avoided this construction destruction: the Tastee Diner. First opened in 1935, it is the only restaurant that has survived economic crisis and successive waves of ever dense building. The life span of any restaurant in Bethesda is measured by the years left on the lease as landlords seek increasing returns from their valuable holdings.

Tastee Diner is literally a throwback to the dining car layout of train travel. It has not changed its seating format of wooden booths or sitting at the counter and watching the cook work at the grill. It even has a jukebox at each table. For a quarter you can hear Johnny Cash Walk the Line or other 1960s rock and roll hits.

The sign on the door says: “Welcome, Open 24 hours.” The diner closes only 42 hours per year from noon on Christmas eve to opening at 6:00 am the day after Christmas.

The menu is classic American “comfort food.” Fried chicken, meat loaf, burgers, creamed chip beef on toast, etc. There are specials of the day and a senior menu for over 55. Kids eat free in the evening, one per each paying adult. Prices are the best food value in town. All drinks have free refills. The diner doesn’t have a liquor license, a key source of restaurant income.

Three years ago the local DC cultural magazine listed the diner as one of the top five restaurants to go in the greater Washington area for pancakes on Shrove Tuesday.

At the Foot of Marriott’s New Head Office

Today, the 85-year-old diner literally rests at the foot of the construction of the new international headquarters of the Marriott hotel chain. It will be dwarfed by this 27-story office building that will tower over it in every possible way.

How Do You Survive?

As we left the diner this past week, I asked the manager how they’ve avoided the fate of all the other local businesses. How can you possibly stay here in this increasingly upscale, luxury retail environment that constantly turns over renters every three to five years?

The answer was simple: “We own the land.”

The message for credit unions worried about fintechs, new entrants, big bank competitors or the constant refrain that you have to be big to survive is to remember the Tastee Diner model.

Your members won’t go away. Local loyalty can trump all the newcomers in the world as long as we remember that our members “own the land.”

Credit Unions Purchasing Banks: One Step to Improve the Process

It is hard to know if credit union bank purchases are working out or not. Are they in members’ best interests? Are the terms reasonable? How will the financial benefits be realized?

One difficulty in these deals is that only one side is required to disclose the terms: the selling bank. That disclosure can be further limited if the bank is privately held.

The Importance of Transparency

Because credit unions do not have stock and the resulting marketplace pressures that this reality places on boards and managers, it is difficult to track whether a credit union bank buy is working or not.

From 2015-2019 consulting firms estimate that the average premium to book value on bank mergers has ranged from a low of 136% (2016) to a high of 175% (2018).

This is just one element of disclosure for public companies. The bigger the transaction, the more details provided. For a stock company being merged, the details matter in that competitors might offer a competing bid if selling shareholders feel the price is too low.

For an acquirer, the impact of a transaction on future performance is an important factor to justify paying premiums over book value.

An Absence of Public Information

In credit unions, there is limited disclosure on the front end of a purchase. There are rarely any projections of future performance. There are undoubtedly reams of financial information required to gain both board and regulatory approval. But this data is not shared.

When deals are secret, no one can learn from the experience. Secrecy can lead to a lack of accountability. The process can be manipulated by interested parties to the transaction or those directly responsible to ensure member assets are not wasted.

Public relations messages dominate the information presented. This or that purchase will increase “service to the community, enhance customer relationships, provide greater expertise and expand growth opportunities” in a new market. But rarely are facts offered to support these generalizations.

Market-Based Transactions?

NCUA Chairman Hood defended credit union purchases of banks describing them as market-based transactions. He is only half right. For credit union members receive neither the financial data that bank shareholders receive when selling, nor the subsequent performance monitoring provided by a daily stock price.

Today credit union bank purchases are unknown events. They may indeed be win-win for all parties. Only one group of “shareholders” receives the information to make that judgment. Shouldn’t credit union shareholders have the same “level playing field?”

Examples of Financial Datapoints in Press Releases of Bank Purchases

Under the terms of the transaction, shareholders of Edon Bancorp will receive $103.50 in cash in exchange for each share of Edon Bancorp common stock for a transaction valued in aggregate at approximately $15.5 million. The consideration represents approximately 135% of Edon Bancorp’s tangible book value per share as of December 31, 2019.

On a pro forma basis, the transaction is expected to be accretive to SB One Bancorp’s 2019 earnings per share by approximately 8% and approximately 1% dilutive to tangible book value per share at closing assuming a transaction close in the fourth quarter of 2018 and 30% in annual cost savings. The earn back of the tangible book value dilution is projected to be less than one year.

CAMBRIDGE BANCORP AND WELLESLEY BANCORP, INC. TO MERGE

The transaction is presently valued at $45.54 per Wellesley common share, or approximately $122 million in the aggregate, based upon Cambridge Bancorp’s 10-day average closing price of $78.53 as of December 4, 2019. On a pro forma basis the transaction is expected to be approximately 4.4% accretive to Cambridge’s 2021 earnings per share and approximately 1.6% dilutive to tangible book value per share with an expected earnback period of approximately 2.2 years.

A MUTUAL BUYS A STOCK BANK

Under the terms of the transaction, shareholders of Damariscotta will receive $27.00 in cash in exchange for each share of Damariscotta common stock for a transaction valued in aggregate at approximately $35 million. The consideration represents approximately 185% of Damariscotta’s tangible book value per share as of September 30, 2019.

How to Really Open Eyes

One year ago, CUNA began a digital-first marketing campaign on behalf of the credit union system.

The purpose is “overcoming industry myths and raising the profile of credit unions amidst an ever-competitive financial services marketplace. By the end of 2019, Open Your Eyes to a Credit Union® had reached tens of millions of consumers and earned more than 130 million video views.”

The program has spent approximately $50 million and now operates in 19 states. The hope is to double this effort in 2020.

Is This the Best Way to Open Eyes?

Digital marketing is the latest craze in corporate investment. Combining the technology of large databases and the analysis of artificial intelligence programs, it is now possible to target micro segments. These tactics are the financial wellsprings driving the growth of the large digital retail and social platforms. They are the dominant advertising tactics in political campaigns.

But is this multi-million-dollar marketing spend the best way to promote the credit union message?

The Challenge

In 2020, current trends suggest the total number of credit unions will fall below 5,000. The last time that few a number were operating was in 1935. By the following year the numbers had increased to 3,490 state charters and 1,865 FCUs reaching out to a population of 127 million.

While credit unions are larger and serving more members, the industry is harvesting seeds planted generations ago. The last time there were more new federal charters issued than those cancelled was in 1978 (348 new, 298 cancelled). Simply growing existing institutions without new entrants, will only discourage innovative ideas and the passions that startups attract.

Another Option for the Next $50 Million

Here is another option. Today the NCUA requires a minimum capital commitment of $500,000 to $2.5 million to charter a new credit union.

Why not tap into the timeless passion that people have to help their communities and to own and control their own assets by offering to provide the seed capital for 50 new charters this year?

It would be an unprecedented undertaking. Nothing like this has happened since 1986. To accomplish this goal would require an “all hands on deck” approach involving leagues, state and federal regulators, CUSOs, credit union mentors and all other parties who support the credit union system.

The project could begin with a national “call out” for groups, especially in “credit deserts” that want to start their own financial cooperative. Criteria could be established for screening applications based on some of the same requirements for chartering (founders’ experience, community/sponsor commitment). But it could also include expressions of support from leagues, local credit unions, and vendors willing to underwrite their future relationships in the critical launch years.

Why This Effort Would Really Open Eyes

  1. It would show the movement’s continuing support for new groups willing to embrace cooperative solutions.
  2. It would reverse the industry’s collapsing numbers and demonstrate the continued attraction of the credit union business model.
  3. It would reignite the imaginations of persons looking for ways to support their communities, especially in areas now lacking locally owned financial choices.
  4. It would draw upon the most potent of cooperative advantages: collaboration.
  5. It would fire up the entrepreneurial instincts and provide an attractive opportunity for the next generation of credit union leaders.

Instead of industry resources spent defending the status quo or seeking minimalist changes in regulations, this effort would put the powerful attraction of the cooperative model on display for all to see.

This approach would take effort and be riskier than just sending money to Facebook et al. But can you imagine the enthusiasm and cooperative spirit it could create. Fifty new charters in fifty states! Now that’s a campaign everyone could support.

A Culture of Impunity

A February 10, 2020 Inspector General Report describes personal indiscretions by Michael McKenna, NCUA General Counsel (July 2011 to November 2019) and his Deputy General Counsel Lara Daly-Sims.

The report details strip club visits and drinking while on the job from February 2017 through the beginning of the investigation in November 2019. Several members of the General Counsel legal staff and the Executive Director were also interviewed about the conduct of the two.

While the report is about personal peccadillos, that is not what is significant about this event.

McKenna was Deputy General Counsel in 2004 and became General Counsel in 2011 upon the retirement of Robert Fenner.

As shown in the blog below from Jim Blaine (reprinted with permission) the professional judgment of NCUA’s General Counsel has been a public topic for over five years.

GC Is Not an Independent Position

The General Counsel is a staff position providing interpretations and support for decisions taken by the line staff and the NCUA Board. Jim’s blog below is one example of the Board’s skepticism of McKenna’s counsel. But McKenna did not originate the RBC rule. Senior examination staff and the Board did.

Throughout his career his role was to defend Agency decisions that seemed contrary to common sense and the explicit language of the FCU Act. Actions included rejecting appeals from credit unions and individual members for merger misconduct, denying FOIA appeals, approving Board actions opposed by 95% of credit union commentators and providing legal cover for whatever supervisory actions the agency wanted to take.

His role as General Counsel was to endorse the agency’s conduct regardless of the fact situation. His personal conduct is not acceptable. But the real issue is his professional shortcomings which contributed to a series of agency outcomes that have hurt the credit union system’s reputation, severely damaged its institutional capability, and has cost members billions in misused funds.

McKenna’s personal failings are merely a symptom of an agency unaccountable to any outside authority. One that always places its institutional self-interest ahead of credit union members’ welfare.

McKenna is an example, not the cause, of NCUA’s culture of impunity from top to bottom. If the agency had been a credit union with the public missteps from the last three years or longer, they would have been conserved a long time ago.


Jim Blaine on Credit Unions

Sunday, January 25, 2015

“And What Am I – A Potted Plant !?!”

Chief Legal Eagle

Mr. Michael McKenna is the General Counsel of the NCUA; has been with the Agency for over 25 years; and has held the top legal position for the last few. He is one of the highest paid lawyers in all of Federal government.

Don’t know Mr. McKenna on a personal basis; but would assume from his resume, background, experience, and current position, that he is probably the # 1 U.S. expert on the Federal Credit Union Act (FCUA) and the rules and regulations controlling federal credit union supervision – or should be! 

After all, he has spent a lifetime focused specifically on credit union statutes and rules; has helped draft and craft many of those laws; and is intimately familiar with the logical subtleties and historical compromises underlying their promulgation.

“RBC”(Ringling Bros. Circus)

As you may have noted, there is “a slight disagreement” on the legality of NCUA’s rule-making in the area of risk-based capital (RBC). Who is right concerning the legality of RBC is open to debate, but few will dispute that NCUA, over the last two years, has played the clown on the RBC rule repeatedly – and convincingly!

Three questions come to mind when listening to the legal arguments:

1.) What is Mr. McKenna’s , the #1 U.S. FCUA expert, opinion on the legality of RBC?

2.) Why would Chair Matz feel compelled to pay an outside law firm $150,000 “to do my own due diligence”, when she had Mr. McKenna sitting down the hall?

3.) Given that extraordinary $150,000 outside legal expense, can you determine which of the following. . .

. . .is an expensive, exotic potted plant?

 A) The one on the left.
 B) The one on the right.
 C) Either.
 D) Both.
 F) All of the above.

13 comments:

Anonymous said…

She sought out 11 outside firms! Speaks volumes! McWatters is certainly paying attention and understands the legal and ethical issues.

Jan 25, 2015, 7:57:00 AM

Anonymous said…

Who provided the list to her? The Democratic National Committee?

Jan 25, 2015, 10:15:00 AM

Anonymous said…

Isn’t it rich? Isn’t is queer?
Losing my timing this late in my career
But where are the clowns? Send in the clowns
Well, maybe next year

Jan 25, 2015, 10:20:00 AM

Jim Blaine said…

…should note that you missed the penultimate verse of the Sondheim song;

“But where are the clowns?
Quick, send in the clowns.
Don’t bother, they’re here.”

Jan 25, 2015, 10:31:00 AM

Anonymous said…

Matz has stayed far beyond her shelf life date, expect the stench to continue to grow.

Jan 25, 2015, 10:50:00 AM

Anonymous said…

There is something happening here.
What it is ain’t exactly clear may ass! Ms. Matz is spending credit union member’s money to politically connected law firms! Probably connected to Mr. Matz. Time we demanded real accountability from the head of NCUA. NCUA is uniquely paid for by credit union members. She has a fiduciary responsibility to the credit union membership.

Jan 25, 2015, 11:32:00 AM

Anonymous said…

Does Ms. Matz really believe that wasting a lot of money on a bogus legal opinion makes the incredible credible?

No matter how you slice it, bologna is still bologna!

Jan 25, 2015, 12:30:00 PM

Anonymous said…

McKenna is the General Counsel of NCUA. Generally, speaking it is not within the authority of the NCUA Board to change the FCUA. This is the specific authority of Congress.

If you want a different opinion, you have to pay a lot of someone else’s money to a Specific Counsel for an opinion to specify that the NCUA Board has authority for what they generally do not have under the FCUA.

Jan 25, 2015, 12:48:00 PM

Anonymous said…

So who are the clowns? Is it the NCUA Board? Is it the outside law firm? Is it the credit union industry for condoning this fraudulent waste of money?

Jan 25, 2015, 12:53:00 PM

Jim Blaine said…

Je Suis Les Clowns.

Jan 25, 2015, 1:26:00 PM

Anonymous said…

If the credit union industry allows Ms. Matz, her Lapdog and her Potted Plant to get away with the purloining of Federal Credit Union Act authority, than:

Nous Sommes Les Clowns!

Jan 25, 2015, 2:06:00 PM

Jim Blaine said…

Much better grammar…

Jan 25, 2015, 2:18:00 PM

Geoff Bacino said…

Jim states that he doesn’t know Mike McKenna on a personal basis…but I do. Mike served as my Senior Policy Advisor during my time on the NCUA Board. There are few that have a better understanding of the Federal Credit Union Act than does Mike. Apparently, Chairman Matz chose to seek outside counsel as a way to insulate the agency from appearing to be “too close to the situation.” That this outside counsel did not feel that the agency’s case is ironclad should not reflect on Mike but rather the interpretation of the firm and what might happen if this rule was legally challenged.

Jan 26, 2015, 12:25:00 PM

Shakespeare on NCUA’s Sale of Members’ Taxi Medallion Loans

In the play Timon of Athens, the central character lives lavishly beyond his means. It shows a society that thinks having money and spending it is proof of one’s moral goodness.

Several observations about human nature appear relevant to NCUA’s action to sell 4,500 members’ future fortunes to the investment fund Marblegate.

From William Shakespeare’s Timon of Athens:

‘Tis not enough to help the feeble up,
But to support him after. . .

Men must learn now with pity to dispense;
For policy sits above conscience. . .

I wonder men dare trust themselves with men. . .