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1997-05-28 Police Fund MeetingCITY OF OKEECHOBEE POLICE PENSION FUND MEETING MAY 28, 1997 TRUSTEE'S PRESENT: LARRY COONFARE, JOHN P. ZEIGLER, STEVE PADGET, STEVE NELSON. OTHERS PRESENT: ERNST MAHLERMIIITORI F SMITH BARNEY, J.C. CAMPUZANO OF INVESCO, MONEY MANAGERS SCOTT CHRISTIANSEN OF CHRISTIANSEN,DEHNER, P.A., LEGAL COUNSEL MEETING IS COMBINED WITH POLICE, FIRE, & GENERAL EMPLOYEES BOARDS PRESENT. EACH TRUSTEE PRESENT WAS GIVEN A COPY OF THE QUARTERLY REPORT FROM INVESCO AND FROM SMITH BARNEY. TRUSTEES WERE ADVISED BY J.C. CAMPUZANO THAT INVESCO HAS ADDED AN ADDITIONAL PORTFOLIO MANAGER, BOB WALLACE. ERNST MAHLER III OF SMITH BARNEY REVIEWED THE QUARTERLY REPORT AND INFORMED THE TRUSTEES THAT THE FUND WAS DOING FINE. SCOTT CHRISTIANSEN, LEGAL COUNSEL, INFORMED THE TRUSTEES OF PENDING LITIGATION IN TALLAHASSEE WHICH MAY HAVE A POSITIVE IMPACT FOR THE COMBINED FUNDS. THIS LITIGATION IS IN THE FORM OF A CLASS ACTION SUIT INVOLVING IMPROPER MANIPULATION OF FUNDS ON THE NASDAQ STOCK MARKET DURING THE PERIOD OF 1988-1994. THE INFORMATION CONCERNING THE CLASS ACTION SUIT WAS RECEIVED FROM THE STATE OF FLORIDA ATTORNEY GENERAL'S OFFICE, WHICH INFORMATION INDICATED THAT THE SUIT WAS DIRECTED AGAINST AT LEAST 35 DIFFERENT BROKERS. SCOTT CHRISTIANSEN ADVISED THAT EACH TRUSTEE BOARD CONSIDER FORMING A MOTION INSTRUCTING THE MONEY MANAGER TO PROVIDE RECORDS FOR THE PERIOD OF 1988-1994 TO LEGAL COUNSEL SO COUNSEL COULD REVIEW SUCH RECORDS TO SEE IF ANY POLICE PENSION FUNDS WERE CONNECTED WITH THE BROKERS NAMED IN THE SUIT. SCOTT CHRISTIANSEN CONCLUDED WITH A BRIEF DISCUSSION ON THE ISSUE OF ETHICS. TRUSTEE STEVE NELSON ARRIVES AT MEETING AT 8:18PM. MOTION BY STEVE PADGET TO HAVE TRUSTEE BOARD INSTRUCT THE MONEY MANAGERS TO PROVIDE NECESSARY INFORMATION,IF AVAILABLE, TO LEGAL COUNSEL CONCERNING INFORMATION RELATIVE TO THE PERIOD OF 1990-1994 IN CONNECTION WITH THIS MATTER. MOTION WAS SECONDED BY JOHN P. ZEIGLER. MOTION WAS UNANIMOUSLY CARRIED. MOTION BY JOHN P. ZEIGLER TO AUTHORIZE LEGAL COUNSEL TO SEND OUT REQUESTS FOR PROPOSALS IN SEARCH OF A NEW CUSTODIAN FOR THE FUND. SECONDED BY STEVE PADGETT. MOTION'CARRIED UNANIMOUSLY. MOTION BY STEVE PADGETT TO APPROVE THE MINUTES OF THE MARCH 25, 1997 MEETING. SECONDED BY JOHN P. ZEIGLER. MOTION WAS UNANIMOUSLY CARRIED. CITY OF OKEECHOBEE POLICE PENSION FUND MEETING MAY 28, 1997 MOTION BY STEVE NELSON TO APPROVE THE FOLLOWING EXPENDITURES: $361.08 TO CHRISTIANSEN & DEHNER, $421.85 TO DIBARTOLOMEO, MCBEE & SLOAN, $4,357.27 TO INVESCO. $1,665.68 TO JANICE LEVIN, BENEFICIARY OF ALAN LEVIN. SECONDED BY STEVE PADGETT. MOTION CARRIED UNANIMOUSLY. LARRY COONFARE INFORMS THE TRUSTEES THAT THE 1996 ANNUAL REPORT FOR THE OKEECHOBEE POLICE PENSION FUND WAS APPROVED BY THE STATE OF FLORIDA DIVISION OF RETIREMENT. MOTION BY STEVE PADGETT TO REMOVE FROM THE TABLE THE DISCUSSION OF THE C.O.L.A. IMPLEMENTATION. SECONDED BY JOHN P. ZEIGLER. MOTION WAS CARRIED UNANIMOUSLY AND DISUSSION RESUMED. STEVE PADGETT ASKED LEGAL COUNSEL WHAT LIABILITY DO THE TRUSTEES INCUR IF THE FUND CANNOT SUSTAIN A 1.5% C.O.L.A. ONCE IT IS IMPLEMENTED? SCOTT CHRISTIANSEN INFORMED THE TRUSTEES THAT NO LIABILITY IS INCURRED BY THE TRUSTEES AE THE CITY COUNCIL IS THE ONLY BODY WHO CAN ACTUALLY IMPLEMENT THE C.O.L.A. THE TRUSTEE BOARD ONLY RECOMMENDS THE C.O.L.A. TO THE CITY COUNCIL. MOTION BY JOHN P. ZEIGLER TO DIRECT LEGAL COUNSEL TO PREPARE AN ORDINANCE AND PRESENT IT TO THE CITY COUNCIL ,t„ RECOMMENDING THE IMPLEMENTATION OF A 1.5% C.O.L.A. WITH AN EFFECTIVE DATE OF OCTOBER 1, 1997. THE PROVISIONS OF SUCH ORDINANCE ARE TO BE RETROACTIVE IN NATURE TO INCLUDE ALL "REGULAR RETIREES" AND "IN -LINE -OF -DUTY ONLY" DISABILITY INCOME RECIPIENTS(OFF-DUTY DISABILITY INCOME RECIPIENTS EXCEPTED). SECONDED BY STEVE NELSON. LARRY COONFARE REFRAINED FROM VOTING ON THE MOTION. JOHN P. ZEIGLER VOTED IN FAVOR OF THE MOTION. STEVE PADGETT VOTED IN FAVOR OF THE MOTION. STEVE NELSON VOTED IN FAVOR OF THE MOTION. MOTION WAS CARRIED BY THREE VOTES. SCOTT CHRISTIANSEN INFORMED TRUSTEES OF LEGISLATION IN TALLAHASSEE WHICH, IF PASSED INTO LAW, WOULD EASE THE CURRENT INVESTMENT RESTRICTIONS OF PENSION FUNDS ESTABLISHED BY THE STATE, THUS ALLOWING THE INVESTMENT OF PENSION FUNDS IN OTHER BROADER AREAS THAN THOSE PREVIOUSLY ALLOWED. HE ADVISED THAT THE LEGISLATION WHICH WAS BEING CONSIDERED DID NOT PASS INTO LAW AT THIS RECENT LEGISLATIVE SESSION BUT IS EXPECTED TO BE REINTRODUCED AND PASSED AT A LATER TIME, POSSIBLY AT THE NEXT LEGISLATIVE SESSION. SCOTT CHRISTIANSEN ADVISED THAT EACH TRUSTEE BOARD CONSIDER FORMING A MOTION AUTHORIZING LEGAL COUNSEL TO PREPARE AN ORDINANCE CHANGE, IN ANTICIPATION OF THE CHANGE IN LAW AT THE STATE LEVEL, WHICH COULD BE PRESENTED TO CITY COUNCIL AT THE SAME TIME AS THE PRESENTATION FOR THE PROPOSED C.O.L.A. IMPLEMENTATION. SCOTT CHRISTIANSEN INFORMED TRUSTEES THAT A CHANGE IN THE ORDINANCE ITSELF x i CITY OF OKEECHOBEE POLICE PENSION FUND MEETING MAY 28, 1997 WOULD NOT AUTOMATICALLY PERMIT THE ALTERING OF THE PRESENT INVESTMENT POLICY ESTABLISHED BY THE TRUSTEE BOARD, ONLY THAT A CHANGE IN THE ORDINANCE AT THIS TIME WOULD SPEED UP THE PROCESS BY WHICH THE TRUSTEE BOARD COULD ACT SHOULD SUCH LEGISLATION EVENTUALLY BECOME LAW. HE ADVISED THAT IF THE LEGISLATION WAS ENACTED INTO LAW, AND IF THE ORDINANCE WAS ALREADY CHANGED, THEN THE ONLY ACTION NEEDED BY THE TRUSTEE BOARD WOULD BE TO MAKE NECESSARY CHANGES TO THE INVESTMENT POLICY ITSELF, IF"DESIRED. MOTION BY STEVE NELSON TO DIRECT LEGAL COUNSEL TO PREPARE SUCH AN ORDINANCE CHANGE TO BE PRESENTED TO CITY COUNCIL AT THE SAME TIME AS THE PROPOSED ORDINANCE FOR THE C.O.L.A. IMPLEMENTATION. SECONDED BY LARRY COONFARE. BRIEF DISCUSSION ON THE MOTION BY EVERYONE PRESENT. MOTION PLACED TO A VOTE. STEVE PADGET VOTED AGAINST THE MOTION, JOHN P. ZEIGLER VOTED AGAINST THE MOTION. STEVE NELSON VOTED IN FAVOR OF THE MOTION. LARRY COONFARE VOTED IN FAVOR OF THE MOTION. MOTION DID NOT PASS DUE TO A TIE VOTE. MOTION BY STEVE NELSON TO ADJOURN THE MEETING. SECONDED BY STEVE PADGETT. MOTION WAS UNANIMOUSLY CARRIED. MEETING ADJOURNED AT 9:18PM. POLICE FUND CHAIRMAN POLICE FUND SECRETARY y