HomeMy WebLinkAbout1989-07-27 MinutesMINUTES OF A FIRE PENSION BOARD MEETING
A meeting of the Fire Pension and Relief Fund Board of Trustees was held on
Thursday, July 27, 1989 at 1:30 p.m. in Room 313 of City Hall.
PRESENT: Chairman James Pennington, Secretary Suzanne McWethy, Fire
Chief Mickey Jackson, and Mike Bonaduce. Also present was
Curtis Williams of Merrill Lynch.
ABSENT: John Dill, Scott Linebaugh, Pete Reagan and Carl Springston
The meeting was called to order by the Chairman.
MINUTES
It was moved by Jackson, seconded by Bonaduce and unanimous to approve the
minutes of the last meeting.
PENSION LIST
It was moved by Jackson, seconded by Bonaduce and unanimous to approve the
pension list for the month of August.
ACTIVE SECURITIES
A list of active securities was distributed for the Board's information, and is
attached to these minutes.
MERRILL LYNCH CONTRACT
A proposed Investment Advisory Agreement between the Fund and the Merrill Lynch
Pension Service Group was distributed by Curtis Williams and is attached to these
minutes. Williams said the draft was open to any addendums or amendments.
Williams briefly summarized the provisions of the agreement.
Jackson asked if the manager will send the Fund a bill once a year, or whether
we would pay Merrill Lynch. Williams said it was Merrill Lynch's intent to keep
the fee below 1% every year. He said they would hire the managers, and would
pay each manager the fee which they are able to negotiate. He said Merrill Lynch
would do the brokerage on a trade -by -trade basis. He said commissions on trades
would probably go down as the year progresses.
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July 27, 1989
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Jackson asked if the yearly fee would be paid to Merrill Lynch once a year.
Williams said the fee would go out "piecemeal." He said managers may bill at
different times of the year.
Jackson asked if the managers would bill Merrill Lynch or the Fund. Williams
said the managers would bill the Fund. He said the only money Merrill Lynch
would make would be brokerage fees.
Jackson asked if the statement in the Agreement "...Merrill Lynch and Advisor
may...receive fees and/or commissions from investments..." would cause the fee
to go over 1%. Williams said everything we pay - custodial fees, commissions,
management fees, performance monitoring fees - everything we pay out of our Fund
will come to less than 1%. He said Merrill Lynch sometimes may receive a fee
for something that doesn't come out of our Fund.
Williams said, as they report on a month-to-month basis, they will keep a running
total.
Bonaduce stated he would like to approve the Agreement today, but said he wished
more members were present today. It was agreed by everyone present to postpone
action on the Agreement until all members have had a chance to review it.
MERRILL LYNCH REPORT
INCOME ACCOUNT
Williams reported on the Income Account Portfolio Evaluation (attached to these
minutes).
Williams said a copy of the investment policy should be sent to RNC, noting he
thought they made a purchase of Alaska Air convertible bonds. He said he didn't
believe those bonds had been rated, but they have a companion issue (another
convertible bond of the same company, of the same type) which Williams said did
not conform to our investment policy. He said we need to let them be aware of
our investment policy. He said there were also a number of issues in the
portfolio which don't coincide with our investment policy.
Attached to the portfolio evaluation was information which Williams said was
RNC's comparative data. He said the figures show what our account has done
against their comparative indexes for three periods of time.
Williams reported the Income Account to be up 5.97% in the account since the
beginning of the quarter. He said the comparative index was up 7.84%, so RNC
was underperforming. He said from the beginning of the year, the account was
up 11.06%, and the comparative index was up 14.5%. He said, since inception,
the account was up 43.87%, and the comparative index was up 55.7%. Williams said
RNC's comparative index was not. one Merrill Lynch would use to analyze the
portfolio against. He said we were paying RNC a rather high management fee to
continuously underperform on any time frame you want to take.
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July 27, 1989
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Williams said Merrill Lynch is going to ask the Board at the next meeting to make
a determination on the convertible bonds - are they equities or are they bonds?
Williams said Merrill Lynch is going to advise strongly that the Board adopt the
policy that convertibles be counted as equities. He said, if that is done,
Merrill Lynch will take everything out of the portfolio that does not comply with
the investment policy, and weight it with the convertibles counted as equities.
Williams said RNC argues that convertibles should be bonds, because they have
a coupon rate and a date of maturity. He said when securities are taken out
which do not conform to the policy, he thought we would find out the account
probably did less well than it has done to this point, because some of the growth
of the account has come from securities which won't be in the portfolio in the
future. Williams said Merrill Lynch's recommendation is to let this portfolio
stand until that analysis can be done.
Williams said RNC will have to manage the fund at a much lower rate. He said
he didn't think he would have any problem negotiating a fee. He said the problem
will be finding someone who can manage the portfolio and do a better job.
Chairman Pennington gave material to Suzanne McWethy which he had received from
RNC, so that copies could be distributed to the Board.
EQUITY ACCOUNT
Williams distributed a portfolio evaluation for the Equity Account (attached to
these minutes). Using RNC's index, Williams said we were up 5.5% since the
beginning of the quarter, with the market being up 7.84%. He said, since the
beginning of the year, we were up 7.92%, with the market up 24.5%. He said the
account, since inception, is up 8.47%, the index being up 30.29%. He said we
were substantially underperforming the market on all fronts. He said their
recommendation was to immediately interview equity managers, and said they had
started that screening process already.
Williams said "for over a year now we have been expressing our concern to the
Board about the performance and, in our opinion, it has gone as far as it needs
to go." He said Merrill Lynch would have some definite recommendations at the
next meeting.
Bonaduce asked Williams if he thought it might be wise to do away with this
account. Williams said one recommendation will be to instruct RNC to make no
further purchases in either account. He said the letters Merrill Lynch have
drafted in the past remind them of their fiduciary responsibility to monitor the
account, and make discretionary sales when it is advisable, and leave the money
in the money market fund, because there's no sense generating commissions just
to move the portfolio. Williams said Merrill Lynch is going to advise
terminating that account as quickly as we can, consistent with finding a manager
that fits in with the policy.
Bonaduce asked if Williams felt we were putting ourselves in jeopardy by waiting
another month before doing anything. Williams said, as far as the Equity Account
is concerned, in Merrill Lynch's opinion RNC would become caretakers of the
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July 27, 1989
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account until Merrill Lynch can formulate an asset mix which would dictate a
manager, and then do a manager search. He said, "as far as we're concerned, RNC
should be terminated on the equity side."
Williams said Merrill Lynch would recommend one manager who manages pure equities
and another manager over a balanced portfolio between stocks and bonds.
Bonaduce said he feared, if purchases were frozen, that RNC might not pay any
attention to the account. Williams said Merrill Lynch would remind RNC of their
fiduciary responsibility and said, since Merrill Lynch handles the transactions,
if they find them selling a security for some other Fund and not for
Fayetteville's Fund, they will contact them to find out what's going on.
Bonaduce moved to instruct RNC to freeze any purchases and send them a letter
to that effect. Williams said he would draft a letter and FAX it to the City
tomorrow.
Williams said, regarding the Alaska Air transaction, Merrill Lynch did not have
the authority to tell RNC not to make that transaction, but it does not coincide
with the investment policy as they saw it two months ago.
Jackson seconded the motion. The motion passed unanimously.
Williams said he received a call from Marc Francoeur of The Springdale News,
who is writing an article on M -L Lee, and who was asking for information on that.
He said he furnished him a copy of the Little Rock City Attorney's opinion.
Suzanne McWethy said Francoeur had interviewed Scott Linebaugh and had looked
through some records in her office. Pennington said the City of Fort Smith has
been having some concerns. Williams said Fort Smith has changed managers, and
said Merrill Lynch anticipated they might be instructed to sell their M -L Lee
investment, and called the transfer facility and was told that, as of two weeks
ago, the average bid price was $1,036 per unit. He said the last annualized
distribution was 12.88%. He said they haven't been instructed by Fort Smith to
sell M -L Lee at this point.
Jackson asked at what point you could sell the investment for what it is worth.
Williams said "you never will be able to." He said that investment was presented
as a long-term illiquid investment.
ATTORNEY GENERAL'S OPINION
A copy of an Attorney General's opinion regarding investments, which had been
provided by Scott Linebaugh, was distributed to the Board, and is attached to
the minutes.
ADJOURNMENT
The meeting was adjourned at 2:30 p.m.