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Minutes - 04/27/2006 - Police Pension Fund BoardMINUTES OF THE APRIL 27, 2006 REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE OAK BROOK POLICE PENSION FUND APPROVED AS WRITTEN ON AUGUST 15, 2006. 1. CALL TO ORDER Due to the temporary absence of President Birdsall, Recording Secretary Gonnella requested a motion from the floor to appoint a temporary Chairman for the meeting. Motion by Assistant Secretary Clingen, seconded by Secretary Feldman, to appoint Trustee Badowski as the temporary Chairman of the meeting. VOICE VOTE: Motion carried. The Regular Meeting of the Board of Trustees of the Oak Brook Police Pension Fund was called to order by Chairman Badowski at 7:20 p.m. in the Upper Level Conference Room of the Butler Government Center, 1200 Oak Brook Road, Oak Brook, IL. 2. ROLL CALL Recording Secretary Gonnella called the roll with the following persons PRESENT: Secretary Alan Feldman, Assistant Secretary Clingen and Trustee Richard Badowski. ABSENT: Vice President Hall. IN ATTENDANCE: Darrell J. Langlois, Finance Director; Thomas Sawyer, Executive Vice President and Terese M. Krafcheck, Vice President, Oak Brook Bank. President Birdsall arrived at 7:25 p.m. 3. APPROVAL OF MINUTES a. Regular Meeting Minutes of February 2, 2006 Motion by Assistant Secretary Clingen, seconded by Secretary Feldman, to approve the Minutes of the Regular Meeting of February 2, 2006 as presented. VOICE VOTE: Motion carried. 4. CONSENT AGENDA All items on the Consent Agenda are considered to be routine in nature and will be enacted in one motion. BOARD OF TRUSTEES OAK BROOK Page 1 of 6 April 27, 2006 POLICE PENSION FUND Minutes 9 Motion by Secretary Feldman, seconded by Assistant Secretary Clingen, to approve the Consent Agenda and authorize expenditures as presented. ROLL CALL VOTE: Ayes: 3 - Secretary Feldman, Assistant Secretary Clingen and Trustee Badowski. Nays: 0 - None. Absent: 2 - President Birdsall and Vice President Hall. Motion carried. a. Approval of December 1 -30, 2005 checks #3180 -3192 and #6210 -6228 in the total amount of $104,769.62 b. Approval of January 1 -31, 2006 checks #2236, #3193 -3207 and #6229- 6248 in the total amount of $131,973.62 c. Approval of February 1 -28, 2006 checks #2237, #3208 -3221 and #6249- 6267 in the total amount of $131,465.86 d. Approval of Adele M. Fahey & Associates Invoice in the amount of $112.86 e. Approval of Pension Clerk Hour for the month of December, 2005 thorugh February, 2006 in the total amount of $425.73 5. ITEMS REMOVED FROM CONSENT AGENDA - None presented.. 6. UNFINISHED BUSINESS a. Approval of Division of Insurance Compliance Audit Finance Director Langlois explained to the Board that the Division of Insurance Compliance Audit had several mistakes in the report and it took a year to correct the final audit. He recommended that the Board propose a motion to approve the report as corrected. Motion by Assistant Secretary Clingen, seconded by Secretary Feldman, to approve the Division of Insurance Compliance Audit Report as presented. VOICE VOTE: Motion carried. President Birdsall entered the meeting at 7:25 p.m. b. Approval of Investment Policy Revision Finance Director Langlois explained that there was a drafting error in the proposed Investment Policy revisions that was given to the Board at their last meeting. He indicated that the Investment Policy had been reviewed by Oak Brook Bank. The range of allocations was adjusted so that the investments BOARD OF TRUSTEES OAK BROOK Page 2 of 6 April 27, 2006 POLICE PENSION FUND Minutes 6. b. were in compliance with the Investment Policy. Motion by Assistant Secretary Clingen, seconded by Secretary Feldman, to approve the Investment Policy as presented. ROLL CALL VOTE: Ayes: 4 - President Birdsall, Secretary Feldman, Assistant Secretary Clingen and Trustee Badowski. Nays: 0 - None. Absent: 1 - Vice President Hall. Motion carried. c. Board of Trustees Election Results Secretary Feldman, who was appointed to supervise the election of new members to the Oak Brook Police Pension Fund Board of Trustees, reported that Richard Badowski was re- elected as the pension recipient representative and Robert Birdsall and Michael Hall were re- elected to the Board representing active officers of The Fund. 7. NEW BUSINESS a. Discussion of Public Act 94 -0079 Prohibition on Sudan Investments Tom Sawyer, Oak Brook Bank, explained that there were three key deadlines for this Act. One being January 26, 2006 in which the Board was to provide the bank with a form from the State Treasurer's Office for all investment managers to certify that they would not make any new investments at that point in time. January of 2007 no more than 60% of investments should be in these entities. In July of 2007, public funds are to be 100% divested of the prohibited entities. He explained that the bank is in the process of complying with the Act. The bank has sought outside counsel for clarification of the certification required. He has requested a legal opinion of what it means "in good faith ", interpretation of "a forbidden entity" and how does one balance the responsibility as a fiduciary? He commented that the Act may be challenged by the National Foreign Trade Union. A similar law was found unconstitutional in Massachusetts which indicates there is strong case law against this type of legislation. The pension funds will have to adhere to the law as the Department of Insurance may request the certifications obtained from each pension fund. Finance Director Langlois suggested that there is a high likelihood that several of the investments that are currently owned by The Fund would be in violation of the Sudan Act. These investments will be in violation when the 100% standard is applied in July, 2007 and will have to be changed and the investment policy amended. He recommended that Attorney Reimer discuss BOARD OF TRUSTEES OAK BROOK Page 3 of 6 April 27, 2006 POLICE PENSION FUND Minutes 7. a. this issue at the next Board meeting. Assistant Secretary Clingen asked if there are companies that will fit the standard and Mr. Sawyer responded that there are companies available. The Board recommended that Attorney Reimer speak to this issue to the Board members. b. Oak Brook Bank Investment Management Presentation Mr. Sawyer presented Oak Brook Bank's investment management performance review. The values added to the investments for the first quarter of 2006 were $701,099. The portfolio performance review indicated the money market return was 1.05 %, fixed income return - 0.38 %, equity return 7.29% and the total account return of 2.85 %. The long term portfolio performance for the annual performance since inception is 6.11%, stocks 4.79 %, bonds 5.86% and T -bills 3.49 %. The portfolio current allocation for the money market is 1%, fixed income securities 55% and equity securities 44 %. The equity sector current allocations for large capitalization U.S. stocks is 58 %, small capitalization U.S. stocks 21%, international stocks 16% and REIT Fund is 5 %. The fixed income sector allocations for U.S Treasury securities is 25 %, U.S. Government agency notes /bonds non - callable is 43 %, U.S. Government agency notes /bonds callable is 22 %, taxable municipal bonds is 6 %, U.S. Government agency mortgage backed securities is 3% and certificates of deposits is 1 %. Finance Director Langlois indicated that The Fund would need to be re- allocated once a year. President Birdsall suggested July or October for the Board to consider re- allocation of funds. c. Approval of Investment Transactions President Birdsall requested a motion to approve the investment transactions as indicated on Tab 5 of the Oak Brook Bank's Investment Performance Report from January 1, 2006 through March 31, 2006 as presented. Motion by Trustee Badowski, seconded by Assistant Secretary Clingen, to approve the investment transactions as indicated on Tab 5 of the Oak Brook Bank's Investment Performance Report from January 1, 2006 through March 31, 2006 as presented. ROLL CALL VOTE: Ayes: 4 - President Birdsall, Secretary Feldman, Assistant Secretary Clingen and Trustee Badowski. Nays: 0 - None. Absent: 1 - Vice President Hall. Motion carried. BOARD OF TRUSTEES OAK BROOK Page 4 of 6 April 27, 2006 POLICE PENSION FUND Minutes 7. d. Approval of Terri McCarthy's Application for Membership to the Oak Brook Police Pension Fund President Birdsall requested a motion to accept Terri McCarthy's Application for Membership to the Oak Brook Police Pension Fund as presented. Motion by Trustee Badowski, seconded by Secretary Feldman, to accept Terri McCarthy's Application for Membership to the Oak Brook Police Pension Fund as presented. ROLL CALL VOTE: Ayes: 4 - President Birdsall, Secretary Feldman, Assistant Secretary Clingen and Trustee Badowski. Nays: 0 - None. Absent: 1 - Vice President Hall. Motion carried. 8. UPDATES AND INFORMATION Finance Director Langlois discussed the actuarial interest rate as the Pension Board recommended reducing the assumed rate from 7.50% to 7.25 %. He explained that he reviewed the Board's recommendation with the Village Manager and Village President. They elected to delay completion of the actuarial study pending a discussion with the Village Board. At the Village Board meeting of April 11, 2006, there was discussion by the entire Village Board and Actuary Tim Sharpe attended the meeting. The final vote of the Village Board was to leave the rate unchanged at 7.50 %. Actuary Sharpe is now completing the study and once this is done the Village Board will approve the final study. The Village contribution rate in effect for 2006 will be approximately 18.59% of payroll retroactive to January 1, 2006. For 2005, the Village rate was 17.66 %. President Birdsall explained that the Board needed to determine the date for the annual membership meeting. The newly elected Board members will need to be sworn into office and the Board will need to elect their officers. Oak Brook Bank will also give an investment management presentation. The swearing in ceremony and election of officers will occur before the dinner, recess for dinner and then have Oak Brook Bank give their presentation after dinner. The meeting will begin at 6:00 p.m. Assistant Secretary Clingen indicated that he would have sponsors for an open bar. President Birdsall explained that the sponsor would have to be someone that is not doing business with The Fund. Finance Director Langlois remarked that it is acceptable to accept donations to The Fund to defray costs of the annual membership meeting. The buffet menu will be "Dinner at 6." The Board then discussed their next regular meeting date for Monday, July 24th. The Pension Clerk will contact the Board members to BOARD OF TRUSTEES OAK BROOK Page 5 of 6 April 27, 2006 POLICE PENSION FUND Minutes 8. determine if the date is acceptable. 9. ADJOURNMENT Motion by Assistant Secretary Clingen, seconded by Trustee Badowski, to adjourn the meeting at 8:30 p.m. VOICE VOTE: Motion carried. ATTEST: s /Alan Feldman Secretary s /Linda K. Gonnella Recording Secretary BOARD OF TRUSTEES OAK BROOK Page 6 of 6 April 27, 2006 POLICE PENSION FUND Minutes