Title III ADMINISTRATION
Chapter 42 INVESTMENT POLICY
42.01 Policy.
42.02 Definitions.
42.03 Scope.
42.04 Prudence.
42.05 Objective.
42.06 Delegation of authority.
42.07 Ethics and conflicts of interest.
42.08 Authorized financial dealers and institutions.
42.09 Authorized and suitable investments.
42.10 Investment pools.
42.11 Collateralization.
42.12 Safekeeping and custody.
42.13 Diversification.
42.14 Maximum maturities.
42.15 Internal control.
42.16 Performance standards.
42.17 Market yield (benchmark).
42.18 Reporting.
42.19 Investment policy adoption.
42.01 Policy.
It is the policy of the city to invest public funds in a manner which will
provide the highest investment return with the maximum security while meeting
the daily cash flow demands of the city and conforming to all state and local
statutes governing the investment of public funds. (Ord. 1322, passed
12-21-99)
42.02 Definitions.
“Agencies.” Federal agency
securities.
“Asked.” The price at which securities are
offered.
“Bankers acceptance (BA).” A draft bill or exchange
accepted by a bank or trust company. The accepting institution guarantees
payment of the bill, as well as the issuer.
“Bid.” The price
offered by a buyer of securities.
“Broker.” A broker brings
buyers and sellers together for a commission paid by the initiator of the
transaction or by both sides; he does not position. In the money market, brokers
are active in markets in which banks buy and sell money and in interdealer
markets.
“Collateral.” Securities, evidence of deposit or other
property which a borrower pledges to secure repayment of a loan. Also refers to
securities pledged by a bank to secure deposits of public
monies.
“Comprehensive annual financial report (CAFR).” The
official annual report for the city. It includes five combined statements and
basic financial statements for each individual fund and account group in
conformity with GAAP. It also includes supporting schedules necessary to
demonstrate compliance with finance-related legal and contractual provisions,
extensive introductory material, and a detailed statistical
section.
“Certificate of deposit (CD).” A time deposit with a
specific maturity evidenced by a certificate. Large denomination CDs are
typically negotiable.
“Coupon.” (1) The annual rate of interest
that a bond’s issuer promises to pay the bondholder on the bond’s
face value. (2) A certificate attached to a bond evidencing interest due on a
payment date.
“Dealer.” A dealer acts as a principal in all
transactions, buying and selling for his own
account.
“Debenture.” A bond secured only by the general credit
of the issuer.
“Delivery versus payment.” There are two methods
of delivery of securities: delivery versus payment and delivery versus receipt
(also called free). Delivery versus payment is delivery of securities with an
exchange of money for the securities. Delivery versus receipt is delivery of
securities with an exchange of a signed receipt for the
securities.
“Derivatives.” (1) Financial instruments whose
return profile is linked to, or derived from, the movement of one or more
underlying index or security, and may include a leveraging factor, or (2)
financial contracts based upon notional amounts whose value is derived from an
underlying index or security (interest rates, foreign exchange rates, equities
or commodities.)
“Discount.” The difference between the cost
price of a security and its value at maturity when quoted at lower than face
value. A security selling below original offering price shortly after sale also
is considered to be a discount.
“Discount securities.”
Noninterest bearing money market instruments that are issued at a discount and
redeemed at maturity for full face value.
“Diversification.”
Dividing investment funds among a variety of securities offering independent
returns.
“Federal credit agencies.” Agencies of the federal
government set up to supply credit to various classes of institutions and
individuals.
“Federal funds rate.” The rate of interest at which
Fed funds are traded. This rate is currently pegged by the Federal Reserve
through open-market operations.
“Federal Open Market Committee
(FOMC).” Consists of seven members of the Federal Reserve Board and five
of the twelve Federal Reserve Bank Presidents. The President of the New York
Federal Reserve Bank is a permanent member while the other presidents serve on a
rotating basis. The committee periodically meets to set Federal Reserve
guidelines regarding purchases and sales of government securities in the open
market as a means of influencing the volume of bank credit and
money.
“Federal Reserve System.” The central bank of the United
States created by Congress and consisting of a seven member Board of Governors
in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are
members of the system.
“Federal Deposit Insurance Corporation
(FDIC).” A federal agency that insures bank deposits, currently up to
$100,000 per deposit.
“Federal Home Loan Banks (FHLB).”
Government sponsored wholesale banks (currently 12 regional banks) which lend
funds and provide correspondent banking services to member commercial banks,
thrift institutions, credit unions and insurance companies. The mission of the
FHLBs is to liquefy the housing related assets of its members who must purchase
stock in their district bank.
“Federal National Mortgage Association
(FNMA).” FNMA, like GNMA was chartered under the Federal Mortgage
Association Act of 1938. FNMA is a federal corporation working under the
auspices of the Department of Housing and Urban Development, (HUD). It is the
largest single provider of residential mortgage funds in the United States.
Fannie Mae, as the corporation is called, is a private stockholder-owned
corporation. The corporations’s purchases include a variety of adjustable
mortgages and second loans in addition to fixed-rate mortgages. FNMA’s
securities are also highly liquid and are widely accepted. FNMA assumes and
guarantees that all security holders will receive timely payment of principal
and interest.
“Government National Mortgage Association (GNMA OR
GINNIE MAE).” Securities influencing the volume of bank credit guaranteed
by GNMA and issued by mortgage bankers, commercial banks, savings and loan
associations, and other institutions. Security holder is protected by full faith
and credit of U.S. Government. GNMA securities are backed by FHA, VA or FMHM
mortgages. The term “pass-throughs” is often used to describe Ginnie
Maes.
“Illinois Funds (IPTIP).” An agency of the state that
invests and distributes member funds through the State Treasurer’s
Office.
“Liquidity.” A liquid asset is one that can be converted
easily and rapidly into cash without a substantial loss of
value.
“Market value.” The price at which a security is trading
and could presumably be purchased or sold.
“Master repurchase
agreement.” A written contract covering all future transactions between
the parties to repurchase - reverse repurchase agreements that establish each
party’s rights in the transactions. A master agreement will often specify
the right of the buyer-lender to liquidate the underlying securities in the
event of the default by the seller-borrower.
“Maturity.” The
date upon which the principal or stated value of an investment becomes due and
payable.
“Money market.” The market in which short term debt
instruments are issued and traded.
“Offer.” The price asked by a
seller of securities.
“Open market operations.” Purchases and
sales of government and certain other securities in the open market by the New
York Federal Reserve Bank as directed by FOMC in order to influence the volume
of money and credit in the economy. Purchases inject reserves into the bank
system and stimulate growth of money and credit; sales have the opposite effect.
Open market operations are the Federal Reserve’s most important and most
flexible monetary tool.
“Portfolio.” Collection of securities
held by an investor.
“Prudent person rule.” An investment
standard. In some states the law requires that a fiduciary, such as a trustee,
may invest money only in a list of securities selected by the custody state -
the so-called legal list. In other states, the trustee may invest in a security
if it is one which would be bought by a prudent person of discretion and
intelligence who is seeking a reasonable income and preservation of
capital.
“Primary dealer.” A group of government securities
dealers who submit daily reports of market activity and positions and monthly
financial statements to the Federal Reserve Bank of New York and are subject to
informal oversight. Primary dealers include Securities and Exchange Commission
(SEC)-registered securities.
“Rate of return.” The yield
obtainable on a security based on its purchase price of its current market
price. This may be the amortized yield to maturity on a bond or the current
income return.
“Qualified public depositories.” A financial
institution which does not claim exemption from the payment of any sales or
compensating use or ad valorem taxes under the laws of this state, which has
segregated for the benefit of the commission eligible collateral having a value
of not less than its maximum liability and which has been approved by the Public
Deposit Protection Commission to hold public deposits.
“Repurchase
agreement (RP or REPO).” A holder of securities sells these securities to
an investor with an agreement to repurchase them at a fixed price on a fixed
date.
“Safekeeping.” A service to customers rendered by banks
for a fee whereby securities and valuables of all types and descriptions are
held in the bank’s vaults for protection.
“Secondary
market.” A market made for the purchase and sale of outstanding issues
following the initial distribution.
“Securities and Exchange
Commission.” An agency created by Congress to protect investors in
securities transaction by administering securities
legislation.
“Treasury bills.” A non-interest bearing discount
security issued by the U.S. Treasury to finance national debt. Most bills are
issued to mature in three months, six months or one year.
“Treasury
bond.” Long-term coupon-bearing U.S. Treasury securities issued as direct
obligations of the U.S. Government and having initial maturities of more than
ten years.
“Treasury notes.” Medium-term coupon-bearing U.S.
Treasury securities issued as direct obligations of the U.S. Government and
having initial maturities of from one to ten years.
“Yield.” The
rate of annual income return on an investment, expressed as a percentage. (1)
“Income Yield” is obtained by dividing the current dollar income by
the current market price for the security. (2) “Net Yield” or
“Yield To Maturity” is the current income yield minus any premium
above par of plus any discount from par in the purchase price, with the
adjustment spread over the period from the date of purchase to the date of
maturity of the bond.
“Uniform net capital rule.” Securities and
Exchange Commission requirement that member firms as well as nonmember
broker-dealers in securities maintain a maximum ratio of indebtedness to liquid
capital of 15 to 1; also called net capital rule and net capital ratio.
Indebtedness covers all money owed to a firm, including margin loans and
commitments to purchase securities. One reason new public issues are spread
among members of underwriting syndicates. Liquid capital includes cash and
assets easily converted into cash. (Ord. 1322, passed 12-21-99)
42.03 Scope.
This investment policy applies to all financial assets of the city. These
funds are accounted for in the city’s comprehensive annual financial
report (CAFR) and include:
Funds:
(A) General fund;
(B) Special
revenue funds;
(C) Capital project funds;
(D) Enterprise
funds;
(E) Trust and agency funds;
(F) Retirement/pension
funds;
(G) Any new funds created by the legislative body, unless
specifically exempted. (Ord. 1322, passed 12-21-99)
42.04 Prudence.
(A) Investments shall be made with judgment and care--under circumstances
then prevailing--which persons of prudence, discretion and intelligence exercise
in the management of their own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the probable income
to be derived.
(B) The standard of prudence to be used by investment
officials shall be the “prudent person” standard and shall be
applied in the context of managing an overall portfolio. Investment officers
acting in accordance with written procedures and the investment policy and
exercising due diligence shall be relieved of personal responsibility for an
individual security’s credit risk or market price changes, provided
deviations from expectations are reported in a timely fashion and appropriate
action is taken to control adverse developments. (Ord. 1322, passed
12-21-99)
42.05 Objective.
The primary objectives, in priority order, of the city investment
activities shall be:
(A) Safety. Safety of principal is the foremost
objective of the investment program. Investments of the city shall be undertaken
in a manner that seeks to ensure the preservation of capital in the overall
portfolio. To attain this objective, diversification is required in order that
potential losses on individual securities do not exceed the income generated
from the remainder of the portfolio.
(B) Liquidity. The city’s
investment portfolio will remain sufficiently liquid to enable the city to meet
all operating requirements which might be reasonably anticipated.
(C) Return
on investment. The city’s investment portfolio shall be designed with the
objective of obtaining a market rate of return throughout budgetary and economic
cycles taking into account the city’s investment risk constraints and the
cash flow characteristics of the portfolio. (Ord. 1322, passed
12-21-99)
42.06 Delegation of authority.
Authority to manage the city’s investment program is derived from
the state statutes. Management responsibility for the investment program is
delegated to the finance clerk, who shall establish written procedures for the
operation of the investment program consistent with this investment policy.
Procedures should include reference to: safekeeping, PSA repurchase agreements,
wire transfer agreements, collateral/depository agreements and banking service
agreements. Such procedures shall include explicit delegation of authority to
persons responsible for investment transactions. No person may engage in an
investment except as provided under the terms of this policy and the procedures
established by the finance clerk. The finance clerk shall be responsible for all
transactions undertaken and shall establish a system of controls to regulate the
activities of subordinate officials. (Ord. 1322, passed 12-21-99)
42.07 Ethics and conflicts of interest.
Officers and employees involved in the investment process shall refrain
from personal business activity that could conflict with proper execution of the
investment program, or which could impair their ability to make impartial
investment decisions. Employees and investment officials shall disclose to the
finance clerk any material financial interests in financial institutions that
conduct business within this jurisdiction, and they shall further disclose any
large personal financial/investment positions that could be related to the
performance of the city’s portfolio. Employees and officers shall
subordinate their personal investment transactions to those of the city,
particularly with regard to the time of purchases and sales. (Ord. 1322, passed
12-21-99)
42.08 Authorized financial dealers and institutions.
(A) The finance clerk will maintain a list of financial institutions
authorized to provide investment services. In addition, a list will also be
maintained of approved security broker/dealers selected by credit worthiness who
maintain an office in the state. These may include “primary” dealers
or regional dealers that qualify under the Securities and Exchange Commission
Rule 15C3-1. No public deposit shall be made except in a qualified public
depository as established by state laws.
(B) All financial institutions and
broker/dealers who desire to become qualified bidders for investment
transactions must supply the finance clerk with the following:
(1) Audited
financial statements;
(2) Proof of National Association of Security Dealers
Certification; and
(3) Proof of state registration.
(C) An annual review
of the financial condition and registrations of qualified bidders will be
conducted by the finance clerk.
(D) A current audited financial statement is
required to be on file for each financial institution and broker/dealer in which
the city invests. (Ord. 1322, passed 12-21-99)
42.09 Authorized and suitable investments.
The city is empowered by state statute to invest in the certain types of
securities as provided in the Illinois Compiled Statutes. (Ord. 1322, passed
12-21-99)
42.10 Investment pools.
A thorough investigation of the pool/fund is required prior to investing,
and on a continual basis. There shall be a questionnaire developed which will
answer the following general guidelines:
(A) A description of eligible
investment securities, and a written statement of investment policy and
objectives;
(B) A description of interest calculations and how it is
distributed, and how gains and losses are treated;
(C) A description of how
securities are safeguarded (including the settlement processes), and how often
are the securities priced and the program audited;
(D) A description of who
may invest in the program, how often, what size deposit and
withdrawal;
(E) A schedule for receiving statements and portfolio
listings;
(F) Are reserves, retained earnings, etc. utilized by the
pool/fund?;
(G) A fee schedule, and when and how it is assessed;
(H) Is
the pool/fund eligible for bond proceeds and/or will it accept such proceedings?
(Ord. 1322, passed 12-21-99)
42.11 Collateralization.
(A) Collateralization will be required on two types of investments:
certificates of deposit and repurchase (and reverse) agreements. In order to
anticipate market changes and provide a level of security for all funds, the
collateralization level will be no less than 102% of the market value of
principal and accrued interest.
(B) The city chooses to limit collateral to
the limits provided in the Illinois Compiled Statutes.
(C) Collateral will
always be held by an independent third party with whom the entity has a current
custodial agreement. A clearly marked evidence of ownership (safekeeping
receipt) must be supplied to the city and retained.
(D) The right of
collateral substitution is granted. (Ord. 1322, passed 12-21-99)
42.12 Safekeeping and custody.
All security transactions, including collateral for repurchase agreements,
entered into by the city shall be conducted on a deliver-versus-payment (DVP)
basis. Securities will be held by a third party custodian designated by the
finance clerk and evidenced by safekeeping receipts. (Ord. 1322, passed
12-21-99)
42.13 Diversification.
The city will diversify its investments by security type and
institutional. With the exception of U.S. Treasury securities and authorized
pools, no more than 50% of the city’s total investment portfolio will be
invested in a single security type or with a single financial institution. (Ord.
1322, passed 12-21-99)
42.14 Maximum maturities.
(A) To the extent possible, the city will attempt to match its investments
with anticipated cash flow requirements. Unless matched to a specific cash flow,
the city will not directly invest in securities maturing more than five years
three months from the date of purchase. However, the city may collateralize its
repurchase agreements using longer-dated investments not to exceed five years
three months to maturity.
(B) Reserve funds may be invested in securities
exceeding five years three months if the maturity of such investments are made
to coincide as nearly as practicable with the expected use of the funds. (Ord.
1322, passed 12-21-99)
42.15 Internal control.
The finance clerk shall establish an annual process of independent review
by an external auditor. This review will provide internal control by assuring
compliance with policies and procedures. (Ord. 1322, passed 12-21-99)
42.16 Performance standards.
The investment portfolio shall be designed with the objective of obtaining
a rate of return throughout budgetary and economic cycles, taking into account
the city’s investment risk constraints and cash flow needs. (Ord. 1322,
passed 12-21-99)
42.17 Market yield (benchmark).
The city’s investment strategy is active. Given this strategy, the
basis used by the finance clerk to determine whether market yields are being
achieved shall be the 90-day national average CD as published in newspapers of
national circulation. (Ord. 1322, passed 12-21-99)
42.18 Reporting.
(A) The finance clerk is charged with the responsibility of including a
market report on the investment activity and returns in the city’s monthly
financial report.
(B) The finance clerk shall, also, provide to the city
council a quarterly investment report which provides a clear picture of the
status of the current investment portfolio. The management report should include
comments on the fixed income markets and economic conditions, discussions
regarding restrictions on percentage of investment by categories, possible
changes in the portfolio structure going forward and thoughts on investment
strategies. Schedules in the quarterly report should include the
following:
(1) A listing of individual securities held at the end of the
reporting period by authorized investment category;
(2) Average life and
final maturity of all investments listed;
(3) Coupon, discount or earnings
rate;
(4) Par value, amortized book value and market
value;
(5) Percentage of the portfolio represented by each investment
category. (Ord. 1322, passed 12-21-99)
42.19 Investment policy adoption.
The city’s investment policy shall be adopted by ordinance of the
city’s legislative authority. The policy shall be reviewed on an annual
basis by the finance committee of the city council and any modifications made
thereto must be approved by the city council. (Ord. 1322, passed
12-21-99)
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