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CR 10-107 Revise Legislative Policy 6-B Standards of InvestmentsSeptember 21, 2010 City of Kopkims Council Report 2010-107 REVISE LEGISLATIVE POLICY 6-B STANDARDS OF INVESTMENTS Proposed Action Staff recommends approval of the following motion: Move that the Hopkins City Council adopt Resolution 2010-063 revising Legislative Policy 6-B, Standards for Investments. Approval of this motion will revise the language in Policy 6-B in order to update the City's policy on investing public funds. Overview In 1987 the City of Hopkins adopted a policy regarding standards for investments which has not been revised since initial adoption. There have been significant changes in the investment environment, best practices regarding investing public funds have been adopted by the Government Finance Officers Association (GFOA) and new pronouncements issued by the Governmental Accounting Standards Board (GASB) that impact the decisions made regarding investment of public funds. These documents were utilized in revising the City's policy. The policy has been amended to include investment objectives encompassing safety (credit risk, interest rate risk, and custodial risk), liquidity and yield; standards of care (prudence, ethics, conflicts of interest and delegation of authority); safekeeping and custody of investments; authorized collateral; diversification and broker certifications. The revisions represent significant changes to the policy that provide additional guidelines and requirements for the investment of public funds with the intention of safeguarding public funds. Supporting Documents • Resolution 2010-063 • Policy 6-B, Revised • Policy 6-13, Original 1987 version Christine M. Harkess, CPA, CGFM Finance Director Financial Impact: $ none Budgeted: Y/N N Source: Related Documents (CIP, ERP, etc.): Notes: City of Hopkins Hennepin County, Minnesota RESOLUTION NO. 2010-063 Revising Legislative Policy 613 — Standards for Investments WHEREAS, the City Council of the City of Hopkins has approved a document entitled the Legislative Policy Manual to provide uniform guidelines on City policies so that actions taken are consistent and fair; and WHEREAS, the City Council has established Legislative Policy 6-B in order to establish guidelines for investment of city funds; and WHEREAS, the City Council has determined that the existing policy needs to be revised to make the policy relevant in regards to current practices of investing public funds, NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins hereby adopts revised Legislative Policy 6-13 — Standards for Investments. Adopted by the City Council of the City of Hopkins this 21 st day of September 2010. Gene Maxwell, Mayor ATTEST: Terry Obermaier, City Clerk POLICY 6-B STANDARDS FOR INVESTMENTS I. PURPOSE 1.01 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 requirements of the City and conforming to all state and local statutes governing the investment of public funds. The purpose of this Policy statement is to establish standards governing the investment of City funds. In accordance with Minnesota Statutes 385.05 and 118A.02 the City Treasurer is authorized to invest the City's funds in accordance with Minnesota Statutes 118A.04 and 118A.05 which defines the types of securities and financial instruments the City is allowed to purchase. 2. SCOPE 2.01 This Policy applies to the investment and deposit of all funds of the City. A. Pooling of Funds Except for cash in certain restricted and special funds, the City will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration. Investment income will be allocated monthly to the various funds based on average cash balance for the month and in accordance with generally accepted accounting principles. 3. OBJECTIVE 3.01 At all times, investments of the City shall be in accordance with Minnesota Statutes Chapter 118A and amendments thereto. The primary objectives of the City's investment activities shall be the following, in order of priority: A. Safety Safety of principal is the foremost objective of the investment portfolio. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk, interest rate risk, and custodial risk. Legislative Policy Manual -- Chapter 6-B 1. Credit Risk. Credit Risk is the risk of loss due to failure of the security issuer_ or backer. Thus, designated depositories shall have insurance through the FDIC (Federal Insurance) or the SIPC (Securities Investor Protection Corporation). To ensure safety, it is the policy of the City that when considering an investment, all depositories under consideration be cross-checked against existing investments to make certain that funds in excess of insurance limits are not made in the same institution unless collateralized as outlined below. Furthermore, the City Council will approve all financial institutions, brokers, and advisers with which the City will do business. 2. Interest Rate Risk: Interest Rate Risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. The City will minimize Interest Rate Risk by structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity. 3. Custodial Risk: The City will minimize deposit Custodial Risk, which is the risk of loss due to failure of the depository bank (or credit union), by obtaining collateral or bond for all uninsured amounts on deposit, and by obtaining necessary documentation to show compliance with state law and a perfected security interest under federal law. B. Liquidity The investment portfolio shall remain sufficiently liquid to meet projected disbursement requirements. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Generally, investments shall have "laddered" maturities so that money becomes available on a regular schedule. Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). However, the City of Hopkins practices the philosophy of "buy and hold", meaning that when a security is purchased it is the intention of the City to hold the security until maturity. C. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return given cash flow characteristics of the portfolio. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity except when the liquidity needs of the portfolio require that the security be sold. Legislative Policy Manual -- Chapter 6-B 2 4. STANDARDS OF CARE 4.01 Prudence The standard of prudence to be used by investment officials shall be the "prudent investor", and shall be applied in the context of managing the investments. All investment transactions shall be made in good faith with the degree of judgment and care, under the circumstances, that a person of prudence, discretion and intelligence would exercise in the management of their own affairs. This standard of prudence shall mean not for speculation, and with consideration of the probable safety of the capital as well as the probable investment return derived from assets. 4.02 Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City of Hopkins. 4.03 Delegation of Authority In accordance with Minnesota Statute 118A.02, the City Council authorizes the Finance Director/Treasurer to designate depositories, subject to ratification, and further authorizes the Finance Director/Treasurer to make investments for the City. The authorized individuals, when acting in accordance with this Policy and exercising due diligence, shall not be held responsible for losses, provided that the losses are reported immediately and that appropriate action is taken to control further losses. 5. AUTHORIZED FINANCIAL INSTITUTIONS 5.01 A list will be maintained of financial institutions and depositories authorized to provide investment services. The City will conduct its investment transactions with several legal, competing, reputable investment securities dealers or banks located in the Minneapolis/St. Paul metropolitan area. The City will obtain a completed "Notification to Broker and Certification by Broker" statement of investment restrictions from each dealer in accordance with Minnesota Statute 118A.04. Legislative Policy Manual -- Chapter 6-13 6. SAFEKEEPING AND CUSTODY 6.01 Delivery vs. Payment All trades where applicable will be executed by delivery vs. payment (DVP). This ensures that securities are deposited in the eligible financial institution prior to the release of funds. Securities will be held by a third party custodian as evidenced by safekeeping receipts. 6.02 Safekeeping Securities will be held by an independent third -party custodian selected by the entity as evidenced by safekeeping receipts in the City's name. 6.03 Internal Controls The investment officer is responsible for establishing and maintaining an internal control structure designed to prevent loss of public funds due to fraud, error, misrepresentation, unanticipated market changes, or imprudent actions. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognized that (1) the cost of the control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management. 7. AUTHORIZED INVESTMENTS 7.01 All City investments and deposits shall be those allowable by Minnesota Statutes Chapter 118A.04-.05 and amendments thereto which are categorized as follows: A. United States securities -governmental bonds, notes, bills, mortgages (excluding high- risk mortgage-backed securities), and other securities, which are direct obligations or are guaranteed or insured issues of the United States, its agencies, its instrumentalities, or organizations created by the Acts of Congress. B. State and Local securities -general obligations securities of any state or local government rated "A" or better, revenue obligation securities of any state or local government rated "AA" or better; and a general obligation of the Minnesota housing finance agency which is a moral obligation of the State and is rated "A" or better. C. Commercial paper -unsecured promissory notes by corporations that are rated in the highest quality category by at least two nationally recognized rating agencies and matures in 270 days or less. D. Time deposits -certificates of deposit fully insured by the Federal Deposit Insurance Corporation or bankers acceptances of United State banks; or have full collateral by the financial institution. E. Repurchase agreements (Repos) contracts whereby a holder of securities sells the securities to an investor and agrees to repurchase them at a fixed price on a fixed date. The City in effect lends money to another party and holds the security as collateral until it is repurchased by the other party. F. Money market mutual funds -shares of a Minnesota joint powers investment trust whose investments are restricted to securities described in (1) through (5) above, or Legislative Policy Manual -- Chapter 6-B 4 shares of an investment company that meets the requirements of Minnesota Statutes 118A.05, subd. 4 (4). 8. AUTHORIZED COLLATERALIZATION 8.01 In accordance with MN Statutes 118A, collateralization will be required on all demand deposit accounts, including checking, savings, and money market accounts, and non- negotiable certificates of deposit in excess of federal deposit insurance. State law defines the types of securities that a financial institution may pledge as collateral for public deposits. These securities include: • United States Treasury Issues • Issues of US Government Agencies and Instrumentalities • Obligations of State and Local Governments • Time Deposits (Certificates of Deposits fully insured by the federal deposit insurance company or federal agency). Since the amount a public entity has on deposit will vary from time to time, the financial institution needs sufficient amounts of pledged collateral to cover 110% of the uninsured amount on deposit during peak deposit times. 9. DIVERSIFICATION 9.01 The City will attempt to diversify its investments according to type and maturity. The portfolio, as much as .possible, will contain both short-term and long-term investments. The City will attempt to match its investments with anticipated cash flow requirements. Extended maturities may be utilized to take advantage of higher yields. 10. BROKER REPRESENTATIONS 10.01 Municipalities must obtain from their brokers certain representations regarding future investments. Pursuant to Minnesota Statutes 118A, the City shall provide each broker with the City's investment policy, and the securities broker shall submit a certification annually to the City stating that the officer has reviewed the investment policies and objectives, as well as applicable state law, and agrees to disclose potential conflicts of interest or risk to public funds that might arise out of business transactions between the firm and the City. All financial institutions shall agree to undertake reasonable efforts to preclude imprudent transactions involving the City's funds. 11. REPORTING 11.01 The Finance Director will report at least quarterly to the City Council on the total of all funds invested, the types of securities held, the amount held in each class of security and the total interest received on all securities year to date. 12. POLICY CONSIDERATIONS 12.01 This policy shall be reviewed on an annual basis by the Finance Director. Any changes must be approved by the Finance Director and the City Council. Legislative Policy Manual -- Chapter 6-B 13. APPROVAL OF INVESTMENT POLICY 13.01 The investment policy shall be formally approved and adopted by the City Council of the City of Hopkins. Established 8/18/87 Revised 9/21/2010 City of Hopkins Legislative Policy Manual -- Chapter 6-B 6 987 Poli POLICY 6-B LTi!�!ev STANDARDS FOR INVESTMENTS 1. PURPOSE 1.01 The purpose of this Policy Statement is to establish standards governing the investment of City funds. It is the City's policy that available funds be invested to the maximum extent possible, at the highest rates obtainable at the time of investment, in conformance with the legal and administrative guidelines outlined herein. 2. APPLICABILITY 2.01 This directive applies to all investments made by the City, irrespective of fund. 3. SCOPE OF INVESTMENTS 3.01 The City will invest only in the following instruments or those others that may subsequently be permitted by State Statute. a. United States Treasury Obligations b. Federal Agency Securities c. Repurchase Agreements (Repos) d. Certificates of Deposit (C.D.'s) e. Commercial Paper f. Banker's Acceptance g. Money Market Funds These instruments are defined in Section 7. 4. VENDOR QUALIFICATIONS 4.01 The vendor qualifications for investments focus upon protection of taxpayer dollars and investment income, consistent with statutory authorization and financial prudence. The City will conduct its investment transactions with several legal competing, reputable investment security dealers and qualifying banks located within the Twin Cities area, utilizing the following guidelines: Legislative Policy Manual -- Chapter 6-B 1 4.02 Repurchase Agreements (Repos) 1. Perfecting Collateral. Repo's are considered secured loans with securities as underlying collateral. The collateral in each Repo transaction shall be perfected. (Perfection is a legal concept by which the City attains the right to take delivery and ownership of the collateral involved in a loan in the event that a debtor defaults and files bankruptcy). With collateral perfection there is less principal risk for the City since the claim against the collateral is in place in relation to those of other parties. For Repo's with maturities of 45 days or less, collateral is considered perfected without security delivery. For Repo's with maturities extending past 45 days, perfection occurs only by taking possession of securities. The City will insist on delivery of securities if the Repo transaction is greater than 45 days. 2. Selection of Repo Vendors The City will purchase Repo's from vendors who meet certain criteria: a) Reporting dealers who are monitored by the New York Federal Reserve Bank. b) Nationally supervised commercial banks whose combined capital and surplus equals or exceeds $25,000,000. c) Local designated depository banks issuing Repo's in amounts of $500,000 or less and scheduled to mature in 15 days or less. d) The qualifying bank or dealer must have demonstrated over a significant period of time, a successful, profitable, and reliable operation. e) The qualifying bank or dealer must have an established managerial component and knowledgeable professional staff capable of ensuring the continued success of the enterprise. 4.03 Local Investments In order to provide an opportunity for small local banks to compete in the bidding process, efforts will be made to offer smaller dollar amounts for bid. The City of Hopkins will purchase short-term and medium-term certificates of deposit from vendors based on the following criteria: 1. The rate should match or exceed other investment options. 2. The collateral shall be government securities in excess of FDIC maximum insurance ($100,000 under current law). Legislative Policy Manual -- Chapter 6-B 2 4.04 Bankers Acceptances Although authorized by Minnesota Law, Bankers Acceptances and Commercial Paper are more risky than instruments of the Federal government or Federal agencies. Because of the credit risk, the City of Hopkins will follow these guidelines: 1. Bankers Acceptances shall be restricted to the top 40 banks in the United States (as measured by deposits). 2. The broker, dealer, or banker shall verify that the Bankers Acceptance is eligible for repurchase by the Federal Reserve System. 3. Bankers Acceptances should not be purchased unless the yield is greater than United States Treasury Obligations or Federal Agency Issues. 4.05 Commercial Paper 1. Commercial Paper shall be restricted to issues which mature in 270 days or less with a rating of A-1 (Moody's), P-1 (Standard & Poors), or F-1 (Fitch) among at least two of the three rating agencies. 2. Commercial Paper shall be purchased only from dealers who report to the Federal Reserve Bank of New York or from qualifying banks. 3. Commercial Paper shall not be purchased unless the yield is greater than United States Treasury Obligations or Federal Agency Issues. 4.06 Money Market Funds. In order to insure maximum security only those Money Market Funds with portfolios consisting solely of United States Treasury Obligations and/or Federal Agency Issues will be considered for investment. 4.07 Speculative investment will not be allowed. The City will not purchase investments that, at the time of investment, cannot be held to maturity. This does not mean that an investment cannot be sold prior to maturity. 5. ADMINISTRATIVE PROCESS 5.01 Investments shall be undertaken so as to insure the preservation of capital in the overall portfolio. Safety of principal is the foremost objective. Liquidity and yield are also important considerations. It is essential that money is always available when needed, therefore, Hopkins' investment goal is to maximize yield while scheduling maturity dates to coincide with expenditure needs. 5.02 The City's investment portfolio shall be designed to attain a market -average rate of return during budgetary and economic cycles, taking into account the City's investment risk constraint and the cash flow characteristics of the portfolio. 5.03 All participating in the investment process shall seek to act responsibly as custodians of the public trust. Investment officials shall avoid any transaction that might impair public confidence in the City of Hopkins' ability to govern effectively. Legislative Policy Manual -- Chapter 6-B 6. PROCEDURES 6.01 Cash management is essential to a good investment program. The Finance Department has responsibility to organize and establish procedures for effective cash management, based on the following guidelines: 6.02 Cash flow projections will be prepared at the beginning of each budget year. 6.03 Each morning cash balances will be prepared based on cash received the previous day, warrants paid the previous day, and sizable checks or wire transfers that present investment opportunity. 6.04 Each morning the investment records will be reviewed and updated as investments mature or are purchased. 6.05 Each month the investment records will be balanced to the financial records. 6.06 Semiannually, finance will submit a report of the City's investments and cash position to the City Council. 6.07 Interest earnings will be allocated to the various City funds at year end. 6.08 The General Fund will be allocated a management fee equal to seven percent of the investment earnings. 7. ELIGIBLE INSTRUMENTS FOR CITY INVESTMENT 7.01 United States Treasury Obligations - constitutes the largest segment of the market for fixed income securities. The major securities issued are bills, notes and bonds. Treasury bills are auctioned weekly and with maturities of several months. They carry no coupon, but are sold on a discount basis. Treasury notes are issued for maturities of one to seven years; the original maturity on Treasury Bonds is over seven years. Both carry coupons. In general, Treasury securities are the safest and most marketable securities and yield the lowest return for a given maturity of all investment instruments. 7.02 Federal Agency Securities - obligations of various agencies and corporations chartered by the federal government and guaranteed by the agency issuing the security. Principal agencies issuing securities are the federal land banks, the federal home loan banks, the federal intermediate credit banks, the Federal National Mortgage Association (Fannie Mae"), the Government National Mortgage Association (Ginnie Mae), and the bank for cooperatives. Maturities of these issues range upward from a month to approximately fifteen years. They generally have a higher yield than Treasury obligations. Legislative Policy Manual -- Chapter 6-B 4 7.03 Repurchase Agreements (Repo's) - provide for the sale of short-term securities by a securities dealer to investors, such as cities, with an agreement to repurchase the securities at a specified future date. The investor receives a given yield while holding the security and the repurchase price is guaranteed in advance. The length of the holding period is tailored to the needs of the investor, but is usually of very short duration. Rates are related to the rates on Treasury Bills, federal funds, and loans to government security dealers by commercial banks. 7.04 Certificates of Deposit (C.D.'s) - the deposit of funds at a commercial bank for a specified period of time and at a specified rate of interest. Yields on Certificates of Deposit tend to be higher than on Treasury Bills of comparable maturity. 7.05 Commercial Paper - an unsecured promissory note with a fixed maturity of no more than 270 days. Commercial Paper is normally sold at a discount from face value. 7.06 Bankers Acceptance - short term, noninterest bearing note sold at discount and redeemed at face value. It is secured by the goods which it finances, the bank that accepts the draft, and the issuers promise to pay. These notes trade at a rate equal to or slightly higher than Certificates of Deposit, depending on market supply and demand. 7.07 Money Market Funds - these are short term, high quality investments, sold by large banks. These instruments include Treasury Bills and notes, Certificates of Deposit, Commercial Paper, Banker's Acceptances, and Eurodollar instruments. Established 8/18/87 City of Hopkins Legislative Policy Manual -- Chapter 6-B