09-15-2000 Regular MeetingMIAMI SHORES VILLAGE
POLICE PENSION BOARD
SEPTEMBER 15, 2000
1. CALL TO ORDER
The regular meeting of the Miami Shores Village Police Pension Board was held on Friday,
September 15, 2000 in the Chamber of the Village Hall. The meeting was called to order at 8:15
A.M.
2. ROLL CALL
The following members present:
Mayor Mark Ulmer
Vice Mayor Robert Blum
Detective Timothy Dearden
Officer Robert Frame
Also Present: Steve Cypen, Pension Board Attorney
Mark A. Malatak, Plan Administrator
Lisa Keeley, Recording Secretary
For the record, Detective Dearden's resignation from the General Employee's Board was read. Mr.
Malatak advised that Mayor Ulmer resigned from the General Employee's Board at the Village
Council Meeting and was appointed along with Vice Mayor Blum to serve on the Police Pension
Board.
3. SELECT CHAIRMAN
Mr. Cypen recommended that an acting chairperson be nominated as there is one vacancy on the
Board. Mr. Blum nominated Mayor Ulmer as the chairperson with a second from Detective Dearden.
The vote was unanimous in favor.
4. SELECT SECRETARY
Mr. Ulmer nominated Detective Dearden as Secretary with a second from Mr. Blum. The vote was
unanimous in favor.
5. EMPLOYEE TIME BUY BACK
Mrs. Keeley explained that Officer Moriarty left Village employment, but returned within a year to the
same position and is currently asking to buy back the time he contributed before leaving Village
employment. Officer Moriarty would have to contribute $3,696.61 to buy back into the pension
system as of July 31, 2000 (an up-to-date amount will be calculated as soon as possible to coincide
with his contribution date.)
Mr. Blum referred to the letter from the attorney, Steve Cypen noting that an employee was ineligible.
Mrs. Keeley explained that Officer Westbrook, also requesting the buy back, was rehired in March
1999, before the new police ordinance was in effect thus making him ineligible. Mr. Cypen noted that
the old police pension ordinance did not allow for buy backs into the system.
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Police Pension Board September 15, 2000 Page 2
Detective Dearden moved that Officer Moriarty be allowed to buy back his time in the pension
system. Officer Frame seconded the motion. Mr Palmquist explained that under the current police
pension system, the officer would have to redeposit the amount withdrawn plus any interest. Mr.
Ulmer inquired as to the status of Officer Moriarty's departure and subsequent return. Detective
Dearden explained the change The vote was called and was unanimous in favor.
Officer Frame asked if Officer Westbrook could be allowed to buy back. Mr. Cypen replied that an
amendment to the new ordinance would have to be prepared as there was nothing in the previous
ordinance indicating a buy back provision. Detective Dearden noted that previous practice was to
allow buy backs. Mr. Ulmer inquired as to the circumstances surrounding the departure of Officer
Westbrook. Detective Dearden indicated that the officer went into private business. Mr. Ulmer
indicated that the officer made a career decision ending employment as his time away was greater
than time served. Mr. Cypen noted that if the buy back is allowed, then everyone similarly situated
(who left Village employment and came back) would have the opportunity to buy back into the
pension, contrary to the ordinance. Mr. Cypen suggested that administration see how many people
would be affected and amend the ordinance with an effective date depending on the number of eligible
participants.
Detective Dearden moved that Officer Westbrook be allowed to buy back the time served.
Discussion regarding circumstances ensued. Officer Frame seconded the motion. Mr. Ulmer noted
his concern as legal counsel advises the ordinance does not allow for a buy back prior to 1/1/2000.
411 He indicated that the change should be done at the Council level with some study as to the potential
ramifications.
It was the consensus of the Board to direct staffto analyze the exposure of the Village as to how
many people would be eligible to buy back to the pension plan if they were rehired. Mr. Palmquist
offered some direction regarding buy back provisions of other municipalities. Mr. Ulmer advised that
if the motion fails at this juncture, Officer Westbrook can never be allowed to buy back into the plan.
Detective Dearden withdrew his motion until such time that staff provides the necessary requested
information at the next regular meeting. Subsequently, Officer Frame withdrew his second.
6. APPROVAL OF THE PAYMENT WARRANT
Detective Dearden moved for approval of the payment warrant with a second from Officer Frame.
The vote passed unanimously.
7. DISCUSSION REGARDING THE RETENTION OF GABRIEL, ROEDER, SMITH AND
COMPANY
Mr. Palmquist addressed the issue of response time for various items citing the additional workload
due to State Statute Chapter 99-1 requirements. Mr. Cypen confirmed the increase in work
associated with the new requirements. Mr. Palmquist expressed concern for the Village's displeasure
with Gabriel, Roeder, Smith & Company as there has been a long standing relationship between the
• two. Mr. Malatak addressed the timeliness issue. Discussion regarding several outstanding issues
ensued identifying the Drop Plan statements and deferred holiday calculations as priorities.
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Police Pension Board September 15, 2000 Page 3
Based on Mr Palmquist's verbal commitment to address the issues presented, Detective Dearden
moved that the Police Pension Board hire Gabriel, Roeder, Smith & Company as the actuary with a
six month review period to coincide with the General Employee Pension Plan evaluation. Officer
Dearden seconded the motion and the vote was unanimous in favor.
8. DISCUSSION REGARDING THE ACTUARIAL ASSUMPTIONS FOR SALARIES.
Mr. Ulmer asked that Mr. Palmquist provide the necessary reports regarding the salary assumption
rates to the Board at the next meeting as part of the engagement of Gabriel, Roeder, Smith and
Company.
13. OTHER BUSINESS
At this time, Mr. Ulmer addressed the issue of retaining legal counsel. Mr. Blum moved that the
agenda be amended. Detective Dearden moved that Cypen & Cypen be retained by the Police
Pension Board based on the same terms as provided by the General Employee's Board with an
engagement letter to be provided. Officer Frame seconded the motion and the vote was unanimous in
favor.
11. INVESTMENT STRATEGY AND ASSET ALLOCATION.
• Mr. Cypen addressed Senate Bill 372 which mandates that certain provisions be included in the
Investment Policy of each public pension fund in Florida. Mr. Cypen recommended that the Pension
Plan come into compliance by December 31, 2000 and asked Mr. Hamilton of Merrill Lynch if they
have addressed the issue. Mr. Hamilton replied in the affirmative.
13. OTHER BUSINESS
Discussion regarding the vacancies on the Board followed. Detective Dearden inquired as to the
response from the advertisement in the Village Newsletter. Mr. Malatak indicated he would check
with the Village Clerk regarding any resumes submitted. Mr. Cypen suggested that the Board
members identify someone locally with the necessary expertise who might take the position. Mr.
Ulmer suggested Mr. Bill Heffernan and Mr. Mark Piper; Mr. Hank Courtney was also identified.
Mr. Malatak indicated that a list of possible submissions would be available at the next meeting.
9. INVESTMENT REPORT: TRUSCO CAPITAL MANAGEMENT - Mr. Bill Tarry
Mr. Tarry introduced the new firm, Trusco Capital Management. Mr. Tarry proceeded to review the
performance of the last quarter ending June 30, 2000 indicating that the S&P 500 was down 2.7%
and the Lehman Government Corporation was up 1.3%. The plan's equity portfolio was down 1.5%
beating the S&P 500. The bond portfolio was up 0.6% up less than the Lehman Government
Corporation bond.
• Mr. Tarry explained the downgrading of the Suntrust high grade bond fund. He indicated that the
Finova Bond credit rating was downgraded below the minimum credit rating which impacted the
market price. Mr. Tarry ensured that Trusco should have the issue resolved within 15-30 days as the
bond is noncompliant with the current investment policy.
Police Pension Board September 15, 2000 Page 4
111 Mr. Tarry provided a current market analysis through August 2000 indicating that the third quarter
has had a better performance. Mr. Tarry described the Trusco investment strategy as a conversion to
a separately managed portfolio with both growth and value. Mr. Tarry characterized the fund's
comparison to an index which invested 30% in technology stocks. The new portfolio has more of a
safeguard against a strong industry group.
•
Mr Hamilton of Merrill Lynch clarified that the new Trusco core equity growth fund would be the
sole stock portfolio, in essence abandoning the previous three prong approach of two value funds and
one growth fund. Mr. Tarry confirmed it would be. The Board expressed some concern in the new
portfolio especially in the category weighting within the fund. Mr. Malatak noted that fifty percent of
the fund was allocated to technology and cyclicals which is currently on a down slide. Mr. Ulmer
noted the fiduciary obligation of the Board to monitor the judgement of the investment manager
especially with the change in philosophy from STI's conservative nature to Trusco's investment
strategy based on an increasingly upward market with holdings in technology and cyclical financials
which do well in an upward market. Trusco's prediction of a slow down in the economy with rising
inflation rates is not consistent with their strategy. Mr. Tarry noted that the outlook in the market has
changed since June 30, 2000. It was noted that the 7.1% return from October 1, 1999 to August 30,
2000 was contradictory to the consistently negative returns in the quarterly reports.
Mr. Ulmer asked for a copy of the police ordinance, proposed investment policy from Merrill Lynch
and an accounting of the fund to be available for the next meeting. He also indicated that the fifth
member of the Board be recommended to the Village Council in order to set policies and review
investment managers as soon as possible.
Mr. Tarry left at this time.
10. INVESTMENT REPORT: MERRILL LYNCH - Mr. Craig Hamilton
Detective Dearden asked Mr. Hamilton to provide copies of other police pension boards investment
policies for the Board's review. Mr. Hamilton touched upon several issues that need to be addressed
due to the recent splitting of the Board. The first item is to update the investment policy with a
provision to allow foreign investing. He also suggested that the top three credit rating requirements
on stocks be dropped. Mr. Hamilton posed some consideration in identifying domestic investment
managers that are successful in both growth and value. He noted that there are economies of scale in
considering a joint venture with the General Employee fund suggesting a pooled investment. He
encouraged a special meeting to address these issues. Detective Dearden noted that the Board has no
policies in place and should act immediately.
12. FUTURE MEETINGS
Discussion regarding a meeting date for the selection ofthe fifth member ofthe Police Pension Board
ensued. In order to allow time to submit the nominee to the Village Council for administrative
approval, September 22, 2000 at 8:00 am was selected with a submission deadline for possible
• nominees of September 21, 2000.
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Police Pension Board September 15, 2000 Page 5
It was the consensus of the Board to have the regular meeting on the second Thursday of the second
month following the close ofthe quarter. The first regular meeting following this format would be on
November 9, 2000. Those dates for 2001 will be provided via written memorandum to the Board of
Trustees.
A date to have a special meeting to address investment managers, investment policies and foreign
investments was discussed. It was agreed to have the meeting on October 25, 2000 at 8:00 am with
a joint meeting of the Police Pension and General Employee Pension Boards following at 9:00 am.
Staff will provide a copy ofthe new police ordinance, the current investment policy and, as requested
of Merrill Lynch by Detective Dearden, investment policies of other police pension funds.
14. ADJOURNMENT
The September 15, 2000 meeting of the Police Pension Board was adjourned at 11:00 A.M.
Timot earden, Secretary
Mayor Mark Ulmer, Chairperson
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WARRANT - P No. 00-1
For payment from the Village Pension Fund for Police Officer's in the Village of Miami Shores, Florida.
To Chair and Administrator, or such other officers, who from time to time are duly designated and authorized by the Board of
Trustees of said Fund, to sign checks, drafts or orders for the payment of money; You are hereby authorized by the Board of Trustees
of the Miami Shores Village Pension Fund for Police Officer's in Miami Shores Village to pay the amounts Listed below for services
rendered to the said Board of Trustees, and to pay the persons named below, hereby certified by the Board of Trustees as being on
the Pension list of said Board at its meeting held on 9/15/00 , pensions from 5/17/00 to 9/14/00 inclusive, or for the period of
time opposite the name of said persons.
Name (Pensions, Benefits, Services Provided or Obligations)
Amount Check Nr.
Reimburse Miami Shores Village for
Officer Dearden and Officer Frame:
Registration for FPPTA conference October 2000 $ 500.00 159469
Hotel for FPPTA conference October 2000 $ 630.00
Per Diem for FPPTA conference October 2000 $ 312.00
Reimburse General Employee Fund for services provided by
Gabriel, Roeder, Smith & Company - Invoice # 77512
Invoice # 77749
Invoice # 78330
$ 2,158.00
$ 500.00
$ 524.00
Estimated Payments:
Payment for actuarial calculations
Gabriel, Roeder, Smith & Company $ 3,000.00
Payment for Board Attorney
Cypen & Cypen $ 2,000.00
Dated this 15t day of September, 2000
Approved by:
Mark Ulmer
As Chair of the Board of Trustees Village Pension Fund for
Police Officer's in the Village of Miami Shores, Florida