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Conference 7.286::dcu

Title:DCU
Notice:1996 BoD Election results in 1004
Moderator:CPEEDY::BRADLEY
Created:Sat Feb 07 1987
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1041
Total number of notes:18759

462.0. "BOD Candidates and Disclosures" by SLOAN::HOM () Tue Feb 11 1992 13:48

In this environment, serving on the board requires ABSOLUTE trust.  Any
BOD candidate (those nominated and those running by petition) needs to
avoid even an appearance of impropriety.  In note 450.0, Larry Seiler
brings up the following:

> 6.  Loans to Board Members and Officers:
>     Why won't the Board disclose loans to  them  from  the  DCU?   The
>     Boards  and  officers  of many banks, S&Ls, and credit unions have
>     committed great abuses in this area.   Trusting  Mangone  cost  us
>     $10M -- will the new Board simply insist that we trust them?

Some BOD candidates may have personal reasons for NOT disclosing loans
from the DCU.  That position should in no way reflect on their
integrity.

There is, however, a need to balance the right to privacy and the need
for disclosure.  The membership voting should be aware of such
views and take that into account at election time.

I currently have a home equity line of credit from the DCU and as
stated in my position statement:

   "I will release, upon membership request, information on any loans made
    by the DCU to myself, my immediate family or any trusts where the
    trustees are the forementioned."

What are the position of the other candidates? There are four and
(probably more) alternatives:

1. Willing to disclose loans,
2. Willing to disclose summary information about loans,
3. Not willing to make any sort of disclosure, 
4. Not willing to make a statement.

Gim



T.RTitleUserPersonal
Name
DateLines
462.1BSS::C_BOUTCHERTue Feb 11 1992 16:415
    re:disclosure
    
    	"2"
    
    I have a CRT loan with DCU and no other.  
462.22183::GILLETTAnd you may ask yourself, 'How do I work this?'Tue Feb 11 1992 17:0317
re: disclosure

	"1"

I maintain a savings account (with the standard $5.00 balance), and 
two checking accounts with balances that fluctuate between $10 and
$10,000 depending on my spending habits.

I have no loans, credit lines, or credit cards with DCU.  All my
saving is done with other banks, and my only loan right now is
with the Hudson Savings Bank in Hudson, MA.

I don't believe that any more additional information would be
helpful, but I'm willing to make a complete financial disclosure
if necessary.

./Chris
462.3TOMK::KRUPINSKICongressional SlaveTue Feb 11 1992 17:105
	I'm not so interested in loans that a candidate might have now, so 
	much as in loans that a Director might obtain during that Directors 
	tenure of office.

						Tom_K
462.4disclosure as BOD memberSLOAN::HOMWed Feb 12 1992 07:417
The intent of my original note is as stated by  -.1  I should have
included the text which was:

     If nominated and elected as a BOD member ....
	I will release, upon membership request, ....

Gim
462.5My disclosurePLOUGH::KINZELMANPaul KinzelmanWed Feb 12 1992 09:169
I might as well release my info here - it's not very interesting anyway 8*)

I have only a house mortgage out, the terms are a matter of public record:
	10.75% fixed rate with Shawmut

I have a second mortgage line of credit from DCU which I have never used.

I have no other outstanding loans.
462.6my idea on what should be disclosedRGB::SEILERLarry SeilerWed Feb 12 1992 11:4925
As the person who entered note 450.0, I should mention that I personally
don't feel that it is necessary for Board members to release individual
information on their loans.  What I'd like to see something like this:

  1)  A bylaw mandating a yearly summary report on DCU loans that benefit
  directors and high officers of the DCU, or their families.  The supervisory 
  committee should be responsible for verifying the accuracy of the report.

  2)  The summary should be split up into categories (e.g. mortgage,
  auto loan, consumer loan etc.) with for each category:  the total number 
  of loans, the total sum of loans, the maximum single loan, and the
  total number of directors/officers who benefit from the loans.

In short, I think it should be a regular thing, and I think it should
respect the privacy of individual Board members.  Also, it should be
beyond the power of the Board to change the terms of the reporting.
If it only happens when the Board is willing to report it, it isn't
much good.

I am happy to see the statements here from various candidates supporting
this general idea, and would be happy to see discussion on the exact
form the disclosures should take.

	Enjoy,
	Larry
462.7Rich LucianoMRKTNG::LUCIANORICH LUCIANO @TTBMon Feb 17 1992 21:136
    In case anyone's interested....I had a home loan from DCU....but it was 
    sold to another institution.
    
    I have a small savings and a checking account.
    
    If elected....I support full disclosure of BoD loans.
462.8PATE::MACNEALruck `n' rollTue Feb 18 1992 12:276
�  1)  A bylaw mandating a yearly summary report on DCU loans that benefit
�  directors and high officers of the DCU, or their families.  
    
    I thought the DCU and NCUA bylaws specifically prohibited directors
    from "benifitting" from loans.  They are only able to obtain loans
    under the same circumstances as any other member.
462.9AOSG::GILLETTAnd you may ask yourself, 'How do I work this?'Tue Feb 18 1992 13:1818
re .8

My understanding of things is that loans may not be made
to members under differing circumstances.   Chuck
Cockburn made this very clear in a meeting I attended
when he said that no loan could be made to a member
(in this specific case he was referring to Mangone)
that was out-of-line with other loans DCU was making.
I was assured that such behavior did not go, was not
going on, and that audits would have revealed such
things.

Take what you want from the above, but it seems clear
to me, based on statements made by an expert, that
"favorable loans" to ANYBODY are at least improper and
probably illegal.

/chris
462.10what I meant by "benefit"RGB::SEILERLarry SeilerTue Feb 18 1992 13:2235
>    I thought the DCU and NCUA bylaws specifically prohibited directors
>    from "benifitting" from loans.  They are only able to obtain loans
>    under the same circumstances as any other member.

By "benefit" I didn't mean "illegally benefit" or "unfairly benefit".
I mean any loan at all that involves them or their immediate families,
whether as individuals, trustees, principals of a business, or whatever.

Directors are allowed to have loans from the DCU -- they are members.
The problem comes with the question of just what is a loan to an officer
or director.  Do we mean just individual loans?  What about loans to trusts
for which the director or officer (or their immediate family members) are
beneficiaries?  What about a business loan to a business run by or owned
by a director or officer?  

I'm not a lawyer.  By refering to "loans that benefit officers or directors" 
I was trying to cover all of those different cases.  There isn't necessarily
anything wrong with directors and officers getting those sorts of loans --
but I think they should be disclosed.

Incidentally, lest anyone think I'm being paranoid, I've read about officers
of bankrupt S&Ls who arranged huge loans at great rates to trusts that they
controlled.  It wasn't even illegal!  After all, it wasn't loans to the
officers/directors as individuals.  

Also, this is the sort of thing (loans to trusts that benefitted him) that 
Mangone was doing as part of the participation loan fraud.  True, as things
stood, those loans would not have been disclosed because the DCU didn't ask
who were the beneficiaries of the trusts.  But I think in future the DCU
should ask who benefits from each trust -- and if it is discovered that an
officer or director is benefitting from an undisclosed loan, then some
pretty serious action should be taken.

	Enjoy,
	Larry
462.11For full disclosureAGUPTA::AGUPTAThu Feb 27 1992 19:5511
    I use DCU for my primary checking and saving accounts. My total
    account balance normally fluctuates between $1000 to $5000.
    
    I had an auto loan from DCU that was paid off last year. I presently have
    mortgage from Independence One Mortgage Corp.
    
    Although I don't see in near future any need for loan, I would fully
    disclose the terms and conditions of my loans from DCU in case I am elected 
    as a BoD. Moreover, I would strongly push for full disclosure of loans of
    BoD and high officals of the DCU to the members.
    Abhijit