The Missing Framework for NCUA Success (part I of II)

It is an accepted truism for NCUA board members presenting their credentials  for Senate confirmation, or whenever the agency is justifying a new rule, reg or policy, to state their ultimate goal is “to protect the insurance fund.”

Current board members have even called that objective their goal or North Star.  Their primary job.

This assertion turns upside down the logic of means and ends.

What is NCUA’s End Purpose?

NCUA’s primary responsibility, its purpose,  is encouraging and sustaining the resilience and integrity of a cooperative financial system for American consumers.  The FCU Act states:

The term Federal credit union means a cooperative association organized in accordance with the provisions of this chapter for the purpose of promoting thrift among its members and creating a source of credit for provident and productive purposes

To achieve this end, NCUA was given multiple means in the law:  chartering, examinations, supervision, administration of charter changes, issuing regulations and providing expert guidance.   The tool least used, as it is rarely needed, is calling upon NCUSIF.

Most importantly, the FCU act specifically states the NCUSIF’s financial solvency is protected by the full faith and credit of the credit union system.   All members must deposit and maintain 1 cent of each share dollar in a credit union with the NCUSIF.  Every member is part of this collective guarantee ensuring all other member shares are indeed safe. This is a cooperative movement commitment, unique to the NCUSIF.  It is the law.

If all of NCUA’s every day tools ( the other “means”) are effectively managed, then the members should never be called upon to provide additional resources.  That is how NCUA protects the Fund.

The first four-decades of regulatory responsibility to maintain cooperative system integrity from 1934-1971 did not require the share insurance tool.

One aspect of “integrity” was certainly promoting credit union solvency as there has always been reserving and net worth requirements in the law.

But just as important, system “integrity” (as a source of credit) also included vital cooperative components to provide a distinct financial alternative for members.  These  include democratic governance, values such as education and collaboration, volunteer leadership (unpaid directors and committee members), access for all Americans regardless of financial circumstance (capital), focus on community (common bond), and contrary to the capitalist model, building common wealth versus private equity, to be used by future generations .

Over time additional characteristics have been developed including interdependence (corporates and CUSO’s) and system support augmenting the critical initial role of sponsors.

A Reward for Performance

When Congress approved the NCUSIF for credit unions in 1971, it was a reward for their performance.  As stated at that time, insurance was not due to financial problems with credit unions or the cooperative system.  Rather it recognized their growing contribution to the American economy and that they might not perceived by the public as the equal of their FSLIC/FDIC alternatives.

A Cooperative Policy Framework Is Lacking

For NCUA to faithfully fulfill its mission to protect the integrity of this cooperative financial alternative, an appropriate regulatory policy framework is necessary. Such a framework should be nonpartisan and multi-administration.  Past examples are the deregulation of shares by NCUA or the redesign of the NCUSIF.

Without a thoughtful and evolving framework, NCUA becomes a mishmash of regulatory justifications or each Chairman’s personal priorities.  What do the banking regulators do?  Or let the “free market” work its will.  Or elevating suboptimal tasks and agency operations  to define priorities.

Absent a policy framework, the unique role of cooperatives becomes increasingly confused with all the other financial activity in the marketplace.   No longer are the well-being and rights of member-owners front and center.  Bright shiny objects such as innovation and new technologies take center stage.

The ambitions of managers and boards seeking to outgrow their for-profit competitors become the industry’s defining priority.  Some credit union leaders chart success not by developing a better alternative to attract members, but rather using their decades of member reserves for buying out bank owners at a premium.

That activity would certainly seem contrary to the spirit of the Act.  And therefore worthy of public debate.

Credit union CEO’s, nearing retirement, game the system for personal enrichment  “selling their credit union” via merger.  They capitalize on the transfer of members’ accumulated wealth and loyalty for additional bonuses and extended payments beyond those merited as CEO.

In these transactions, the financial and relationship legacy, its goodwill, is turned over to boards and CEO’s with no prior connection.  And justified only with vague future promises that bigger is better.  The unique character of the charter and its local legacy and traditional focus are eliminated.

Tomorrow Part II, developing a policy framework.

Prayer for Ukraine

After six months of fighting for freedom.

(https://www.youtube.com/watch?v=glL_mWmzXoM&list=RDMM&start_radio=1&rv=XAhxHT8PnTk)

The hope for peace.

(https://www.youtube.com/watch?v=OSdGW_HBrLE&list=RDMM&index=23)

An Exchange On Credit Union and DEI Focus

In response to the August 8th post by Jim Blaine, (Deification: The Eighth Wonder of the Cooperative World) there was the following exchange between Jim and a reader. 

I believe their insights are very helpful for this topic.

  1. Chip,

    I’ve been waiting for people smarter than me to comment… I know they’re out there!

    My observation is that if you do the Seven Cooperative Principles right, DEI feels like it’s already built in. Raising DEI as an Eighth Principle seems like we need a collective kick in the butt for not getting the first seven properly implemented!

    Far from dismissing the idea, I see this as a challenge we need to take on. If anyone, either within the movement, or on the outside, isn’t feeling it, then it MUST be raised up – but not as a revolutionary new principle for us to debate, but as an EVOLUTIONARY opportunity to fix what’s already in place.

    Too many people are feeling disenfranchised these days, and the view from my soapbox is that credit unions specifically, and cooperatives generally, are the best way to restore power back in the hands of the people.

    By all means, credit unions should raise the DEI issue – not as a “checklist” item – “here’s our position in response to this issue” – but as a challenge to their own leadership, their staff, their members, and their communities, to GET INVOLVED.

    Our grounding principles are solid. If we erred in the how we built on them, we need that diversity and inclusivity to drive our evolution.

    P.S. I recommend the writings of Ray Dalio (don’t settle for watching him on the financial channels; really dig in to his 3 “Principles” books). I’m also a fan of Israeli historian Yuval Harari (3 books), as well as French economist Thomas Piketty for his work on participative socialism, and Thomas Hobbes for his ideas on the social contract… he was too late to save the heads Charles I, or Cromwell, but Charles II learned a few things.

    We seem to have lost that social contract, and have allowed a much larger Leviathan to form.

  2. Leo, may I recommend a book to you – “Jesus and the Disinherited” by Howard Thurman. It’s a short read and don’t be put off by the title if you’re not religious. If you’re black you should read it, if you’re white you must.

    But, it is far more than just another sermon about race relations in the U.S. It is about the often dehumanizing psychology underlying any relationship between those with power and those without – an “unbalanced” equation which, in the economic world, credit unions were created to address.

    So many of our cooperative leaders seem to have loss sight of that original thought, that original principle. A financial cooperative with a social purpose is not a bank, nor should it be. Without a social purpose….?

    “Life is not the way it should be, it is the way it is”… with our task growing larger daily, perhaps we shouldn’t rest on our laurels – nor our principles.

    Hope you will take a look at what Howard Thurman has to say about all of us, including you and me…and credit unions.

Ukraine’s National Independence Day

Today is the 31 anniversary of Ukraine’s independence from Russia.  Their example reminds us that democracy is never free.

To follow the events first hand, anyone can subscribe to this online daily newspaper, the Kyiv Independent.

The photos and donation suggestions are from today’s edition.

Donations options from Kyiv Independent:

Another way to honor Ukraine on its 31st Independence Day is to donate directly to causes that support the Ukrainian army as it literally defends the country’s independence, and the Ukrainian population, as it has been facing tremendous challenges.

Here’s the list of organizations and charity funds that the Kyiv Independent responsibly recommends to those who want to support Ukraine in its darkest hour.

UNITED24

President Volodymyr Zelensky has launched platform UNITED24 as the one-stop shop for donating to Ukraine. The raised money are transferred to the official accounts of the National Bank and spent to cover the most pressing needs.

You can choose to donate to the military, to provide medical aid, or the future reconstruction of the Ukrainian settlements and infrastructure, damaged or destroyed by Russian shells and missiles.

Come Back Alive

Come Back Alive (Povernys Zhyvym) is the largest foundation for the Ukrainian military. It was born following the Russian invasion of the Donbas and the illegal occupation of the Crimean Peninsula in 2014. Over the years, this organization, headquartered in Kyiv, has proven to be trustworthy and among the most effective charities.

The fund provides frontline fighters with auxiliary equipment, various vehicles, thermal imaging equipment, specialized software, drones, personal body protection, as well as training.

Hospitallers

Hospitallers is a volunteer medical battalion that has participated in the war in Donbas since 2014, providing first aid, medical care, and evacuation of injured Ukrainian soldiers from the front lines.

Tabletochki

Tabletochki is the most prominent Ukrainian charity that helps children with cancer. The organization funds medicines for children, arranges treatment overseas if unavailable in Ukraine, and helps pediatric oncology units by purchasing medical equipment and reagents for hospitals. Russia’s invasion made it more difficult for Ukrainians with cancer to access treatment, especially in the occupied territories, where there is practically no access to essential medicines.

Shelter (Prykhystok)

Prykhystok is a non-profit communication platform that connects people who offer free housing and Ukrainians fleeing war in search of it. The website lists options of various housing either in Ukraine or abroad. In addition to participating in the project by offering your housing to refugees, you can also donate in crypto or regular currency to help cover their operations.

ZooPatrol

ZooPatrol is a volunteer organization saving cats and dogs abandoned during the war. Volunteers feed animals on the streets and and bring them to vet clinics if they need treatment. The organization reports about its activity on Facebook and Instagram.

Eye Trouble

Since August 1, I have been visually impaired in my reading eye.   I have mono-vision so this means I cannot read, type or the normal close vision functions.

Had surgery last Wednesday which will take a couple of weeks to evaluate.

In meantime will produce limited, if any, posts.

Intend to get back in the saddle as soon as circumstances allow.

Reflections on Life from an Ocean Beach

Cape Cod

by George Santayana in 1894

The low sandy beach and the thin scrub pine,
The wide reach of bay and the long sky line,—
O, I am sick for home!
The salt, salt smell of the thick sea air,
And the smooth round stones that the ebbtides wear,—
When will the good ship come?
The wretched stumps all charred and burned,
And the deep soft rut where the cartwheel turned,—
Why is the world so old?
The lapping wave, and the broad gray sky
Where the cawing crows and the slow gulls fly,
Where are the dead untold?
The thin, slant willows by the flooded bog,
The huge stranded hulk and the floating log,
Sorrow with life began!
And among the dark pines, and along the flat shore,
O the wind, and the wind, for evermore!
What will become of man?

Risk Based Capital: A Timeless Analysis

This Jim Blaine classic post is an analysis of the distortion of the Federal Credit Union Act by  NCUA when imposing Risk Based Capital on credit unions. Board Member McWatters voted against the proposed and final rule stating NCUA lacked the authority for the regulation.

These critiques are even more relevant as NCUA continues to expand its interpretation by adding a CCULR capital option to RBC in December 2021.  The lack of legislative authority to do so was detailed in this analysis.

These critiques are important if future corrections are to be undertaken to credit union’s RBC/CCULR regulatory morass.  The following is Blaine’s original critique.

***************************

Risk-Based Capital: Commenting on Your Future -OVERRIDING CONGRESS!

BLAST FROM THE PAST!
(originally published 3/26/2014 and again July 15, 2016)
 
… in which NCUA moves from rule making to lawmaking!
Really can’t believe this !

Little different tack today in terms of reviewing NCUA’s member-punitive and professionally embarrassing proposed, risk-based capital (RBC) regulation.  

We have taken a look at how NCUA’s “we-know-better-than-everybody-else-despite-our-track-record” approach to RBC will 1) deter member mortgage lending, 2) damage MBL lending, and 3) severely limit safe CU investments, forcing unnecessarily lower savings returns on CU members.  All proposed with utter disregard for the new, lower RBC standards now already in place for all other federally insured depository institutions. 

Today let’s look at how NCUA has decided to independently override the U.S. Congress and federal law with the new RBC proposal.  Have always noted how proud NCUA was of being “an independent agency of the Federal government”, but it had never occurred to me that NCUA believes it is independent of Congress – and above the law.

Congress is such a bother to
an independent federal Agency!

Here’s how NCUA intends to override Congress. In Section 216 of the 1998 Credit Union Membership Act (“HB 1151”), Congress specifically and purposefully wrote into the Federal Credit Union Act (FCUA) a series of mandatory “net worth” categories and prompt corrective action (PCA) requirements.  Congress defined statutorily that a credit union was “well capitalized” if its net worth was >7%, “adequately capitalized” if its net worth was >6% but <7%, etc – five categories in all. Congress wrote into the FCUA statute a very, very clear definition of “net worth” – nothing accidental nor haphazard about what Congress meant by “net worth”, nor how it was to be used to determine CU capital levels. 

NCUA through a sleight-of-hand (which they hope you won’t notice!) has rewritten the Congressional definition of “well-capitalized” for CUs. 


Let’s take a look at the proposed RBC reg:


NCUA is becoming
 thoroughly Pinnochioan …

“The proposal would change the title of Sect. 702.102 from “Statutory net worth categories” to “Capital classifications”.  NCUA believes that replacing the term “net worth” with the general term “capital categories” better describes the combined “net worth ratio” and “risk-based net worth” measurements that make up the five categories listed in the statute.  Moreover, the term “capital” is generally more inclusive of all accounts available to pay losses than the term “net worth” and is more commonly used in the financial services industry. No substantive changes to the requirements of Sect. 216(c) are intended by these changes in terminology.” 

 “[Several sections of 216] of the

“It’s growing…!!

 Federal Credit Union Act (FCUA) use the term “risk-based net worth” requirement, NCUA believes that replacing the term “risk based net worth” with the functionally equivalent term “risk-based capital” in the proposed rule would better describe the equity and assets the requirement would measure.  No changes to the requirements of the statute are intended by the alternative term…”

NCUA’s RBC comes with
strings already attached…


Now I’m sure that didn’t make any sense at all to most of you, because you’re nice, reasonable straight-forward kind of folks – unlike the folks  who wrote this proposed regulation. So, let’s break it down

Under current law:  Credit unions with net worth > 7% are “well capitalized”.  Under the current risk-based net worth (RBNW) formula, if a credit union is determined to be “complex”, it may be required to hold additional capital (none of even the 25 largest CUs are required to hold capital above their statutory net worth and most are not complex under current RBNW standards).

Under the proposed reg:  NCUA unilaterally has 1) decreed that all CUs with assets > $50 million are complex! No test, no evaluation – as now required by the FCUA – to determine if a CU is simple or complex.  NCUA simply changes a Congressionally approved law to make you complex regardless of your balance sheet risk; and then since you are complex(!), NCUA imposes its new RBC regime requirements on your CU.

Weaseling Congress !
(… robustly !!)


Here’s the weasel, NCUA is attempting to change the Congressionally legislated definition of  “well capitalized” to:

“To be well-capitalized a credit union must maintain a net worth ratio of 7% or greater and, if a complex credit union, (which NCUA has defined as all CU with assets >$50 million) must have a risk based capital ratio of 10.5% or greater…”  

NCUA’s proposed RBC reg flies in the face of express Congressional intent under the FCUA. You can always spot a weasel when you read phrases like:

1. “… replacing the term “net worth” with the term “capital categories” better describes…” – That’s a Weasel!
2. “… no substantial changes … are intended…” – That’s a weasel!
3.  “… replacing the term “risk-based net worth” with the functionally equivalent term “risk-based capital”… – That’s a weasel!
4. “… the term “capital” is generally more inclusive… and is more commonly used in the financial services industry …” – That’s a weasel!
5. Changing “if you are complex” to “you are complex”… – That’s a weasel!
6. “… no changes to the requirements of the statute are intended…” – That’s a weasel!

 
Shouldn’t we – on behalf of our 100+ million member-owners – demand that Congress make changes, if necessary, to credit union statutes, …


… and not have to deal with these weasels?

 

Deification: The Eighth Wonder of the Cooperative World

(by Jim Blaine)

Must be the high season for letters of recommendation – those succinct summaries of superlatives for men and women of distinction.  This time around the injured party is Maurice Ravelle Smith. The pantheon of choice: The Cooperative Hall of Fame sponsored by the National Cooperative Business Association (NCBA) and its’ international arm, the Cooperative League of the USA (CLUSA).

For those not in the know, NCBA/CLUSA is the 106 year-old trade/advocacy organization for all forms of cooperatives – producer, consumer, worker, purchasing, service, and social cooperatives, including credit unions. At heart the members of NCBA/CLUSA are an eccentric, motley crew of die-hard idealists, with an organizational vision “to build a better world and a more inclusive economy”. Well, they certainly have their work cut out for them!

As you might imagine, NCBA/CLUSA does not accept any run-of-the-mill folks into the Cooperative Hall of Fame. Leaders of the usual sort need not apply, something more is expected – statesmanship, lasting achievement, cooperative advancement, distinct recognition. Exceptional leadership is the standard – the real thing.

“Deifying” the Movement

Maurice Smith is the real thing. While Mr. Smith’s service as CEO of Local Government Federal Credit Union – and in numerous leadership roles at CUNA, Co-op Bank and on the boards of his local university, hospital and church – is remarkable; what is exceptional about Mr. Smith is his success in “deifying” the credit union movement. The Bible has its “Ten Commandments” and until recently the credit union movement had its “Seven Cooperative Principles”. Now it has eight! The fault lies with Mr. Smith.

The eighth cooperative principle for credit unions is: “Diversity, Equity, and Inclusion” (DEI) – a disruptive idea fraught with complex challenges in a world stubbornly fractured by loyalties to clan, tribe, sect, nation, class, and heritage. Suspicion is often the norm. Is this an opportunity or a problem?  Fresh or “woke”?

The path forward, off-road, but on track, is awkward, tense, and uncertain – a tight wire perhaps, without safety net. Who in his right mind would lead us purposefully out over the abyss? Only a man of conscience, a noble and courageous leader, with a strong sense of justice. DEI will definitely challenge most of us, challenge us to cooperate, challenge us to change.

Tack and Tact

One sailing against the prevailing wind must tack, a leader fomenting change must have tact. Always courteous, considerate, and polite, Maurice Smith was able to achieve this revolutionary credit union change without uprising or revolt, because he is trusted by his peers and respected by all for his integrity.

Life is not the way it is supposed to be, it’s the way it is.  Just take a look around. The way you chose to deal with life and people makes all the difference.

It’s unfortunate   our best path forward at this time is DEI. Too bad we can’t simply honor and accept each other for who we are. But at least in the short run, DEI will force us to focus on our differences, in hopes that in the long run we will recognize we aren’t.

You have noticed that all those different colored M&M’s all taste the same, haven’t you?  Perhaps in the future, the eighth cooperative principle will become “dignity, equanimity and intelligence”, which are higher human standards and an apt description of Maurice Ravelle Smith!

Maurice Smith grew up in Southport, North Carolina. I have known him for over 40 years as a colleague and friend. He is a model of good manners. His mother – he still calls her daily! – and his father reared him to honor his roots and to always sow seeds for the future. The success of their lessons is apparent. Maurice Smith is an exceptional human being – the real thing.

Mr. Smith, through his DEI-fication of credit unions, has sowed the seeds for the continued success of our cooperative movement…let’s hope it is a bountiful crop!

And it will be, if you and I cooperate…

 

Returning to the Office for Naked Fridays

(from Jim Blaine)

(“Last blush”… for an old favorite!)
 

Let’s go forward courageously; and forthrightly deal with the most important issue confronting the Credit Union Movement. No, it’s not taxation, the banks, CFPB, nor the NCUA. Our most pressing challenge is “dress down Fridays” or “business casual” if you prefer.

Business-casual – actually “business sloppy” is a good bit more descriptive – has become a fashionable idea in some credit union circles. Many progressive Boards and managers, who support the wind whichever way it blows, have adopted this new benchmark for professional attire. The “new look”fits well on the revisionists’  list of “new age” credit union principles – few, of which, are worth dying for.

Proponents assert that the new dress standards create a more relaxed work environment; make employees feel more comfortable; boost morale; and are strongly supported by the membership. Yeah, un-huh! I guess the best that can be said for this type of slender logic is that it’s only mildly “robust”!

It truly comes as a surprise to some of us that we are supposed to feel all “cozy and comfy” at work and should treat our duties in a relaxed, casual manner.

Maybe we have misunderstood all along the realities of the modern workplace.  We really must have things backwards!  False Assumption Number One must be the belief that “our” job actually belongs to the credit union – and its membership. False Assumption Number Two must be the belief that we are employed and paid to do what is necessary and required, not what’s convenient and comfortable. False Assumption Number Three must be that we are engaged in an extremely competitive, take no prisoners service business. And, False Assumption Number Four must be that our members expect, and are demanding, more from us – not less.

Old Fogey! Old Fogey! I can hear you crowing all the way from here! But, let’s compromise. If dressing down is truly good for the Credit Union Movement, let’s really go for it! Let’s take it to the limit with the ultimate Dress Down Day – Naked Fridays! It could work wonders with the membership! For example, Naked Fridays will definitely build member traffic; grousing about long lines will decline; and no one will ever again notice if a teller fails to smile.

This idea was broached recently with our staff.

Their reaction broke down into two distinct groups: those who were indignant and those who were very indignant! There were some surprises, however, among the actual responses. Older employees, figuring they had more to gain than lose, unanimously supported the proposal. Female employees were particularly difficult to convince. They did not object, in general, to the concept; but argued forcefully for a pay differential since they felt they added greater value. Equally disruptive, the female staff adamantly refused to pledge not to giggle around their male co-workers!

One previously ardent advocate for “business sloppy” became particularly incensed when she was asked how she would feel about coming to work on Fridays naked. It was an innocent enough question; but she became enraged; started yelling wildly; and pointed her finger decisively at me. I won’t tell you what she said, nor which finger she was pointing; let’s just say it wasn’t very pretty!“Communications” around the Credit Union were, at least, “really good” for a week or so…

Although a final decision has not been made, we probably will not go forward with the “Naked Friday” idea. There are just too many unresolved questions. Y’know the devil is always in the details. For example, would it be appropriate to ask or comment about a co-worker’s previously unrevealed tattoos?  Does failure to look a co-worker in the eye constitute sexual harassment? Should items dropped on the floor be picked up? It all just gets too complicated!  Besides, the Accounting Department started cautioning about higher heating and maternity leave costs. They’re always so drudgingly practical! The Internal Auditors did feel, interestingly, that the absence of pockets might help improve internal controls.

And, Marketing – bless their hearts – tried to stay upbeat with slogans such as: “We’ll give you the shirt off our backs” and“No Hidden Fees; No Hidden Costs; No Hidden Anything!”

We did have a couple of “King Solomons” who proposed several “simple solutions”. One was the “just blue jeans alternative”. But it was quickly killed, because most of us are of such an age that we are painfully aware of how we now look in blue jeans. We understand that we are the reason that overall denim sales have soared while the number of pairs sold has remained constant.

Another alternative suggested was organization-wide leisure suits (lime green, no less!), but fortunately clearer thinking prevailed.

Others called for “Theme Days”, when we would all dress alike around a common idea. This suggestion held much support until the wags began calling for Lady Gaga Mondays, Tacky Tuesdays, Dress-in-Drag Wednesdays, and No Bath, No Makeup Thursdays. And, lastly, for what it’s worth, I tried not to take it personally when that outraged employee, previously mentioned, called pointedly for “Idiot Days”.

Oh, well, who knows? Maybe we will eventually find an answer. Until that time, I guess we’ll continue to operate as though each of us truly needs our job; as though what each of us does is vital to the success of the Credit Union; as though being fashionably average is not good enough; as though Credit Unions are not a competitively protected class; and as though we’re here to raise the standard, not “lower the bar”.

As to employee morale, it seems you can’t pay those who work for money too little and you can’t pay those who work out of pride too much. Nor can you teach someone to care. Granted, it’s a lot harder to be something more, than to be something less; and life is never going to be comfortable when you’re trying to make a difference.

 

Old fashioned? You bet, ’cause “this ain’t no party, this ain’t no disco, this ain’t no foolin’ around…”

(originally published August 29,2016)