The magazine of the Kansas Bankers Association
As new regulations pour onto the banking industry, the KBA Federal Affairs Committee took to the nation’s capital to ﬁght back pg. 8
PLUS: BLOK shadows FAC on mission to Washington, D.C. pg. 10 Do-it-yourself disaster recovery— advantages and disadvantages pg. 13
•Customer retention techniques pg. 12
•Meet Stockgrowers State Bank pg. 20
C ontent s Picturing Kansas pg. 3 KBA Leaders Ledger—Updates pg. 4 Briefly—Updates pg. 5 Federal Affairs Committee takes on Capitol Hill pg. 8 BLOK jumps in on financial reform debate pg. 10 Increase customer retention by adding value pg. 12 Do-it-yourself disaster recovery pg. 13 Security Officer’s Byword pg. 15 Washington Update pg. 16 Farm Credit Watch pg. 17 Making hay pg. 18 Meet a bank—Stockgrowers State Bank pg. 20 Some photos courtesy of Microsoft.
Eric Jorgensen, Editor firstname.lastname@example.org
The mission statement of the Kansas Bankers Association is: To support and assist Kansas banks and Kansas bankers.
Kansas Bankers Association Board of Directors and Voting Members Chairman Jeannette Richardson, Farmers National Bank, Hutchinson Past Chairman David Herndon, First State Bank of Kansas City, Kansas City Chairman-Elect John E. Boyer IV, KANZA Bank, Kingman Treasurer John Lehman, First National Bank, Girard Immediate Past Chairman Steve McSpadden, Union State Bank, Winfield Term Expires August 2010 Sue Hart, Great Western Bank, Shawnee Mission Joe Smith, Farmers National Bank of Kansas, Walnut Roger Kepley, INTRUST Bank, Wichita Ted Starr, Citizens State Bank & Trust Co., Hiawatha Michael Mense, State Bank, Hoxie Dave Long, First National Bank, Cimarron Term Expires August 2011 Greg Sims, Town & Country Bank, Leawood Michael Ewy, Community State Bank, Coffeyville Paul Boeding, Baileyville State Bank, Seneca Kyle Russell, Versus Bank, N.A., Derby David Brownback, Citizens State Bank, Ellsworth Kelly Mason, First National Bank, Pratt Term Expires August 2012 John Danler, Girard National Bank, Yates Center Julie Hower, Farmers & Drovers Bank,Council Grove Calvin Coady, Bankers’ Bank of Kansas, NA, Wichita Robin LacKamp, Peoples Exchange Bank, Belleville Scott Chipman, Fidelity State Bank & Trust Company, Dodge City
Sara Blubaugh, Advertising Manager email@example.com
Kansas Bankers Association 610 S.W. Corporate View Topeka, KS 66615. 785-232-3444. Fax 785-232-3484. www.ksbankers.com. firstname.lastname@example.org. Send mail to: P.O. Box 4407 Topeka, KS 66604-0407. The Kansas Banker (ISSN 0028-9880) is published monthly for $25 per year plus applicable tax by Kansas Bankers Services, Inc., a wholly owned subsidiary of the Kansas Bankers Association. Periodicals’ postage paid at Topeka and at additional mailing offices. With the exception of official Association announcements, the Kansas Bankers Association disclaims responsibility for opinions expressed and statements made in articles or advertisements published in The Kansas Banker. POSTMASTER: Send address changes to P.O. Box 4407, Topeka, KS 66604-0407
Volume 100/Number 7
THE KANSAS BANKER July 2010
At Large Representatives 1 Yr.: Tom McGavaran, State Bank of Delphos, Delphos 2 Yr.: Frank Carson III, Carson Bank, Mulvane 3 Yr.: Kendal Kay, Stockgrowers State Bank, Ashland Trust Division President Glenetta Schierding, GTRUST Financial Partners, Overland Park Ag Bankers Division President Dan Heinz, INTRUST Bank, Wichita YBOK Division President Alex Williams, The Halstead Bank, Halstead
pICTURiNG kANSAS your photos from around kansas
Keeper of the Plains
Photographed by Kathy Stuhlsatz, mother of Kendra Fernandez, INTRUST Bank, N.A., Wichita, the 44-foot-tall statue is located in Wichita. It was erected to mark the United States’ bicentennial. It was designed by artist Blackbear Bosin. To order an official Kansas Bankers Association calendar, ‘KBA Scenes of Kansas,’ e-mail Sara Blubaugh at email@example.com.
How do you picture Kansas? We want your snapshots of Kansas and Kansas events, art, curiosities, weather and more. Pictures to be sumbitted for the 2012 calendar need to be taken July 1, 2010-June 30, 2011. E-mail high-resolution digital files (300 PPI at 4” x 6” in TIFF or JPEG format) to firstname.lastname@example.org. We’ll also check our old-fashioned mailbox for prints: P.O. Box 4407, Topeka, KS 66604-0407.
July 2010 THE KANSAS BANKER
kba leaders ledger division leader news
Third round of changes coming from Fed for credit card users
Kansas primary election “kind of a big deal”
As part of the Credit Card Accountability Responsibility and Disclosure Act of 2009, the Federal Reserve has released a third round of changes that will become effective Aug. 22, 2010. The Federal Reserve believes these changes should protect credit card users and prevent unreasonable fees and charges. A credit card issuer is unable to charge a penalty fee of more than $25 for a late payment unless the issuer incurs costs that justify a Terri Thomas higher fee or if the consumer recently missed a previous payment. The rule also prohibits the issuer from allowing penalty fees for late payments to exceed the minimum monthly payment. Issuers are no longer allowed to charge consumers more than one fee for a single violation or any inactivity fees. If the annual percentage rate (APR) increases, the issuer must explain why the rate increased and then must evaluate rate increases and reduce rates that no longer justify the increase. Banks offering credit card products should review these new rules and make changes as needed. As always, if you have questions, contact the KBA Legal Department.
With Tuesday, Aug. 3, rapidly approaching, it’s hard to overstate the importance of this year’s primary election for Kansans. Kansas’ two most-tenured congressman (Jerry Moran and Todd Tiahrt) battling for the inside track to replace retiring U.S. Senator Sam Brownback, is likely reason enough to draw a large turnout of Kansas Republican voters on August 3. Kansas Democrats also have a significant conDoug Wareham tested primary race heating up for Kansas secretary of state between current State Senator Chris Steineger and recently-appointed Secretary of State Chris Biggs. For a complete listing of Kansas candidates and races, check-out the website below: www.kssos.org/elections/elections_upcoming_candidate_ display.asp Thanks to the advanced voting process, Kansans can cast their ballots as early as Wednesday, July 14. To receive an advanced ballot, simply contact your local elections office or go to Kansas Secretary of State’s website listed below for complete details on advanced voting. www.kssos.org/elections/elections_registration_voting.html
Insurance Know valuation methods for foreclosures When a bank has foreclosed property, one issue that arises is the valuation of the property for insurance purposes. There are numerous methods used for determining property value. You need to know what method is being used when you insure your foreclosures. The predominate method is actual cash value (ACV). ACV is not market value. It is usually defined as the cost to replace the structure, less depreciation. It is used with a coinsurance factor, commonly 80 percent. This means that Herb Iams you, the insured, agree to insure the property for 80 percent or more of the actual cash value. If you do not comply, there will be a coinsurance penalty if you have a claim. The policy issued to you will include an example of how coinsurance is applied. If you are not careful when requesting insurance on the property, it is very easy to have a large coinsurance penalty using this method of valuation. Another method used is mortgage balance basis. Using this method, the property is insured for the principal balance at the time of foreclosure. Coinsurance is not applied when this method is used. Remember, in the event of a total loss, the company will only pay what the mortgage principal balance was at the time of foreclosure. Some insurance carriers are offering blanket coverage for foreclosed property in conjunction with a Mortgage Impairment and Errors and Omissions policy. With these policies, the valuation method at loss time may be the lesser of the amount of actual physical damage to the property or the amount of the outstanding mortgage balance; or the actual market value of the structures at the time of loss. Knowing what valuation method will be used before the occurrence of a loss makes for a much better result.
THE KANSAS BANKER July 2010
Check Legalwebinars for reg updates Greetings from Education. We hope you are enjoying your summer. Last month we completed six evening programs on essential teller issues and received an excellent response, both in terms of number of attendees (300-plus) and evaluation of the program—thank you! We recently introduced our newest preferred service provider—BankersEdge, an industry leader in the online learning solution marketplace. Online training can be an effecBecky Tongish tive way to supplement your current training efforts in all areas of the bank. A value-added benefit of this partnership will allow KBA member institutions to receive a discount on BankersEdge products and services. For more information, go to http://www.bankersedge.com/partner_kba.html. The Obama administration has promised a heightened priority of wage and hour enforcement, which should be cause for banks to re-evaluate their current compliance practices. Specifically, banks should review the exemption status of their lenders, particularly mortgage lenders. After much debate in the court system, it has been determined via Administrative Interpretation No. 2010-1 that mortgage loan officers are nonexempt under the Federal Wage and Hour Law and, therefore, must keep time records and be paid overtime. We anticipate the debate will continue on this—but for now, we encourage banks to review the exemption status for all of their employees (Exemption information can be obtained at http://www.dol.gov/whd/flsa/index.htm. ). KBA recently broadcasted a webinar addressing this issue. If you were unable to participate in the June 2 webinar, a recording may be purchased by contacting KBA Educational Resources at (785) 232-3444 or email@example.com.
sunflower state news and trends
KBA sponsors FFA event
Never too late to learn
The Kansas Bankers Association sponsored Condon National Bank, Coffeyville, sponthe ninth annual sored a June 16-17 Association Kansas FFA Career of Retired Persons DriverShow in Manhattan in Safety program in Coffeyville late May. The career aimed at providing tips to show is part of the drivers ages 50 and over. Kansas FFA Conven The topics included tion. 2010 marked the age-related physical changes convention’s 82nd to sharpen driver awareness, anniversary. rules of the road, and local On hand to prodriving problems, according vide information for to the Independence Daily high schoolers who Reporter. are prospective ag employees were KBA Historical money in Senior Vice PresiNess City dent Doug Wareham The First State Bank, Ness and Troy Soukup, City, gave its customers a assistant vice presihistorical treat in June when dent, Citizen’s State Wareham, left, and Soukup, right, it displayed coins and curBank and Trust Co., pose with state FFA officers. rency spanning from the Colonial Ellsworth. period to the present, according to the Ness County News. First State Bank & Trust On loan from the Federal Reserve pledges $5,000 Bank of Kansas City, the currency display First State Bank & Trust, Perry, has anincluded state bank notes, fractional notes, nounced a five-year, $5,000 grant to The gold certificates and demand notes. Center Place at Oskaloosa, a developing community resource and event center, acDodge City’s Johnson cording to the Vindicator. celebrated by SBA The Center Place has set a fundraising Gary Johnson, vice president of Landmark goal of $2.5 million, and currently stands National Bank, Dodge City, has been named at $236,000. Land has already been purthe Small Business Administration’s 2010 chased for the center, which is expected to Financial Services Champion of the Year, cost $2.1 million. according to the Rush County News.
Banks and Bankers Astra Bank, Scandia, has hired Bryan Armendariz as ag loan officer in Chapman. Caldwell State Bank, Caldwell, has hired David D. Bachman as assistant vice president. Community National Bank, Chanute, has hired Jeff Stewart as president in Coffeyville. Elk State Bank, Clyde, has promoted Cindy Chavey to vice president and Lance Nobert to assistant vice president. Emprise Bank, Wichita, has promoted Nicole Risley to treasury management support associate. First Kansas Bank, Hoisington, has hired Craig Newby as assistant vice president and credit analyst. First National Bank of Hutchinson has promoted Rolando Mayans to senior vice president and chief lending officer and Phil Watson to senior vice president and chief financial officer. Freedom Bank, Overland Park, has hired Dennis Wilson as a business development officer.
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July 2010 THE KANSAS BANKER
Today’s Community Bank Model: There is No “Normal” Anymore Today’s Community Bank Model is a program designed to assist CEOs and senior management with critical decisions they must make today that will have a major impact in the years to come. You and your bank will receive information, answers and action strategies that can be taken back to the bank for immediate implementation to improve earnings and manage your expenses. Don’t wait for things to get back to normal - they won’t. Business as usual will be business lost. This is a new frontier, and to succeed, you must be prepared. Topics covered during this interactive workshop include: - Compete with affordable technology - Improve your efﬁciency ratio - How to grow loans and/or deposits in this economy - Raise non-interest income (fees)
Who should attend: This recently developed program is designed for presidents, CEOs, senior managers and directors.
- Increase interest income and reduce non-interest expense Program presenter: Robert McGofﬁn is an experienced bank CEO and instructor at the Graduate School of Banking at the University of Wisconsin, and at the GSB Senior Management Seminar. Registration limited to 35 attendees per site.
August 24, 2010 Wichita Airport Hilton August 26, 2010 Topeka KBA Ofﬁce
Kansas Bankers Association’s
2010 Loan Documentation Seminars Loan Documentation for the Ag-Lender September 20 - Hays, Ramada Inn •
September 22 - Topeka, Capitol Plaza Hotel
Poor loan documentation can cost your financial institution thousands of dollar each year. Unfortunately, the importance of effective loan documentation is most apparent when it is essentially too late. This seminar focuses on the major concepts, specific requirements and common problems in the specialized field of agricultural loan documentation with particular emphasis on avoiding loan losses due to faulty documentation.
Advanced Commercial Loan Documentation September 21 - Hays, Ramada Inn •
September 23 - Topeka, Capitol Plaza Hotel
Prevention of loan losses through implementation of proper loan structuring and documentation techniques is the objective of this seminar. This advanced program will focus on the more complex and problematic lending transactions, including securing loans with real estate with special emphasis on title insurance and surveys, and understanding the special problems of floor-plan and construction financing.
federal affairs visit recap
FAC takes on federal regulation on the Hill
KBA Chairman Jeannette Richardson, center, discusses regulatatory changes with Sen. Sam Brownback during a lunch meeting with the senator.
embers of the Kansas Bankers Association Federal AfEd Yingling presided. Yingling and his staff delved into many of fairs Committee set out to the nation’s capital June 13-15 the same issues that brought the Federal Affairs Committee to to meet with industry leaders and legislators, and to have Washington, D.C. Yingling also hit on the Collins amendment, their voices heard regarding regulatory policy the KBA thinks is FHLBank issues and terminology within the regulatory reform harmful to its community banks. bill. The Washington, D.C. trip is an annual affair, but for the 23 Other ABA staffers on hand were Keith Leggett, Ken Claycommittee members and KBA representatives, this year’s trip was ton, Mike Gullette, Seaver Sowers, Mark Tenhundfeld, and Gary pivotal. According to the KBA’s Federal Issues Paper, more than Fields. one out of every four dollars of operating expenses for small banks At a meeting at the FDIC, committee members voiced concern is paid to cover government regulations. With the Consumer over regulations, including saying many banks were not lending in Financial Protection Agency coming down the pike, stacked on fear of regulatory wrath. Representing the FDIC was Director Tom top of the previous year’s RESPA and Reg E passages, the bankers Curry. wanted to make clear to their representatives and industry leaders The committee’s last day in Washington, D.C. was a legislative that many banks’ well-beings may be put in danger because of the marathon—starting at the Federal Reserve, where they met with burdening associated costs. Dr. Donald Kohn, the vice chairman of the Fed. Following the Fed The issues highlighted by the veteran KBA bankers didn’t end visit was a trip to the last major federal regulating body, the OCC. there; they extended to the new financial After a lunch break, the committee reform’s negative impact on consumers; members headed to the Capitol to meet the upholding of promises made during with Kansas legislators. Each legislator the financial reform’s legislative process, was available and was able to hear their including ending Too Big to Fail; opposiconstituents’ voices. The committee met tion to mortgage cramdown legislation; with Sen. Sam Brownback, R-Topeka; Rep. and opposition to changes in the interJerry Moran, R-Hays; Rep. Lynn Jenkins, change fee structure, among many more. R-Topeka; Rep. Todd Tiahrt, R-Goddard; The committee and KBA representaRep. Dennis Moore, D-Lenexa; and Sen. tives met first with the American Bankers Pat Roberts, R-Dodge City. Association. There they participated in an Bruce Schriefer, Roger Kepley, and Barney ABA Issues Briefing where ABA President Horton take notes at the ABA Issues Briefing.
THE KANSAS BANKER July 2010
The D.C. 23 Jeannette Ricardson, Farmers National Bank, Hutchinson John E. Boyer IV, KANZA Bank, Kingman David Herndon, First State Bank of Kansas City, Kansas City Frank Carson III, Carson Bank, Mulvane Barney Horton, Farmers Bank & Trust, Atwood Roger Kepley, INTRUST Bank, N.A., Wichita Dr. Bruce Morgan, Professional Bank Consultants, Shawnee Kent Needham, First Security Bank, Overbrook Jim Richardson, Farmers National Bank, Stafford John Lehman, First National Bank, Girard Greg Rodvelt, Horton National Bank, Horton Glenetta Schierding, GTrust Financial Partners, Overland Park Bruce Schriefer, Bankers’ Bank of Kansas, N.A., Wichita David Shepherd, The Mission Bank, Shawnee Mission Rick Smith, Farmers National Bank, Buhler Ted Starr, Citizens State Bank & Trust Co., Hiawatha Mike Stevens, Centera Bank, Sublette Frank Suellentrop, Legacy Bank, Colwich
Above: KBA President Chuck Stones talks to ABA President Ed Yingling prior to the ABA Issues Briefing. Many of the ABA’s issues were aligned with the KBA Federal Affairs Committee’s.
Above: KBA representatives discuss the regulatory environment with Rep. Lynn Jenkins during an evening reception. From left to right are Chuck Stones, Jenkins, John Lehman, Gary Yager, Ted Starr and Kent Needham.
Above: KBA Trust Division President Glenetta Schierding, and husband Don Schierding, pose in front of the Capitol.
Above: KBA Federal Affairs members meet with ABA officials.
Above: The OCC was one of many stops for the Federal Affairs Committee. July 2010 THE KANSAS BANKER
blok session recap
The 2010 BLOK class poses with KBA Chairman Jeannette Richardson (center), in front of the FDIC. Pictured from left to right are Steve Gegen, Ryan Engle, Brad Rucker, Gary Yager, Richardson, Alan Meyer, Ruth Emerson, Mike Palen, Kim Fairbank, Barry Purdy and Kyle Campbell.
BLOK gets front row seat for reform battle
he 10 members of the 2010 Bank Leaders of Kansas designed to shed light on the history, structure and governance (BLOK) class descended upon Capitol Hill last month and of the ABA, and the second a detailed overview of the financial witnessed KBA and the ABA-led state banking association industry regulatory reform battle waging on Capitol Hill. ABA alliance initiating a full-court press against financial industry President Ed Yingling spearheaded a host of ABA personnel that regulatory reform. provided updates on issues ranging from debit card interchange “We all need to keep in mind that our opinions count and that fees, to credit union business lending, to new agricultural conwe can influence things in D.C. if we make our thoughts known tracting standards that could impact agricultural lending. to our legislators,” says Mike Palen, president, Western State “The ABA visit was good,” Palen says. “They are working on Bank, Garden City. “I thought the BLOK-D.C. trip was excellent. the same issues the KBA was addressing. Obviously bankers do It was especially interesting because of the finance reform bill. I not have a strong leverage position in Washington. It appears to can see how fortunate Kansas bankers are that we have people me that we are all going to be forced to be better bankers than like Chuck [Stones], Doug [Wareham] and Kathy [Olsen] to ever.” represent us with congress and the state legislature. It was also a Fairbank agrees with Palen. great experience to spend time with some of the best bankers in “What a perfect time to see the ABA in action,” Fairbank says. Kansas.” “There were so many key issues on the table, and it was good to Kim Fairbank, chairman and CEO, First National Bank, see the banks, the KBA, and the ABA, working together for our Cimarron, thinks the trip was eye-opening, and it gave her perbanking industry.” spective on her future role as a KBA volunteer leader. In addition to visiting Congressional offices, the BLOK class “Being on Capitol Hill at a time when also attended a special luncheon featurone of the most comprehensive financial ing U.S. Senator and Kansas gubernaregulatory reform bills in history was being torial hopeful Sam Brownback. Other debated made me realize that we have to BLOK program highlights included a be aware of what is going on in the legislacongressional staff panel discussion and tive world and speak up and defend our a Washington, D.C. monuments tour that state, our communities and our banks,” included stops at the Iwo Jima, World Fairbank says. War II, Lincoln, Vietnam, Korean and Prior to accompanying members of Roosevelt memorials. The 2010 BLOK KBA’s Federal Affairs Committee on class will wrap-up their training with congressional office visits, the BLOK a final session set for early October in Above: Kyle Campbell and Mike Palen at class attended a pair of ABA briefings; one the ABA Issues Briefing. Wichita.
THE KANSAS BANKER July 2010
BLOK members Kyle Campbell, Astra Bank, Abilene Ruth Emerson, Guaranty State Bank & Trust Company, Beloit Ryan Engle, Exchange National Bank, Cotton Wood Falls Kim Fairbank, First National Bank, Cimarron Steve Gegen, Legacy Bank, Wichita
Above: Kyle Campbell, left, Mike Palen, second from right, and Ryan Engle, right, meet with Alex Richard, center, legislative director for Rep. Jerry Moran.
Alan Meyer, State Bank of Bern, Axtell Mike Palen, Western State Bank, Garden City Barry Purdy, KANZA Bank, Wichita Brad Rucker, Home Bank & Trust Co. of Eureka, Wichita Gary Yager, VisionBank, Topeka
Above: Gary Yager, left, speaks to Pat Doran, center, and Eric Haar, right, following the Congressional Staff Panel, which was sponsored by FHLBank Topeka.
Kennedy & Coe, LLC Kansas Bankers Surety Bankersâ€™ Bank of Kansas INTRUST Bank, N.A. Schools of Banking Promontory Interfinancial Network LLC
Above: Ryan Engle and Ruth Emerson meet with Rep. Jerry Moran in his Washington, D.C. office.
Above: Steve Gegen and Brad Rucker chat in front of the Iwo Jima Memorial during the BLOK classâ€™ monument tour.
Above: Federal Affairs Committee member and Past KBA Chairman Mike Stevens runs through various federal affairs issues with Mike Palen while waiting to meet Rep. Jerry Moran.
July 2010 THE KANSAS BANKER
better business advice
Increase retention by adding value
By Ted Triplett Relationship Marketing Specialist Stellar Strategic
ith increased competition and saturated markets, banks are seen as interchangeable commodities. In commoditized situations, customers are easily swayed to leave by the free offers and special rates being offered by competitors. Banks that can identify, create, and maintain a sustainable differential value advantage will be less vulnerable to competitive pressures. Therefore, one key to making your bank defectionproof, without lowering your prices, is deliver more value to your customers. The following are five ways you can add value to increase retention, differentiate your bank and gain a competitive advantage.
Keep your customers happy with frequent interaction and personalized communication.
Customers want more than just products. They want to feel they’ve made the right decision and they can only do this when they have enough information about your bank and the relationship it is offering. The more they know about your bank, the more they believe in its offerings and its people. Providing information also enables your customers to fully benefit from the products and services they receive from you. The better you educate and inform your customers, the more products and services they will purchase and the longer they will stay.
Frequency of interaction
Another way to create value is to develop and build a dialogue with your customers. When a customer complains, “I never hear from you,” he or she is really saying that there’s not a consistent flow of communication between you and them. You don’t have a dialogue when your customers feel that the only time they hear from you is when you’re trying to sell them something, and the only time you hear from them is when they have a complaint.
Continuity of message
To create a dialogue, your communication needs to be consistent and there needs to be continuity between successive messages—it’s important that each message builds upon the last message—no more random offers, at random times, through random channels. Otherwise, all it takes is a rude banker to undermine all the hard work and investment that has been put into building and managing the customer relationship.
THE KANSAS BANKER July 2010
Customers feel closer to a bank that makes regular, meaningful contact. The more involved the customer is with you, the less likely they’ll be to switch banks. Therefore, consistent communication, both in messages and in the frequency of messages is a key to retaining customers. Consider frequent value-focused touch points as an opportunity to give your customers and ongoing education in what your bank has to offer. Repeat that message, and often (every six to eight weeks), and you will reap plenty of what you sew.
Frequent personalized communication helps solidify customer relationships. This means no more “Dear Valued Customer” communications—it’s hard to get a customer to believe their business means something to you if you don’t know their name when communicating with them. Every customer is vulnerable to the competitive pull when more value is offered elsewhere. Unless you add value for your customers, you will not succeed in creating enough compelling reasons for them to stay and purchase additional products and services. In addition, if you don’t add value, they will not see a differential advantage for your bank over the bank across the street, which will result in higher attrition rates and lost revenue. Ted Triplett is the relationship marketing specialist for Stellar Strategic, a bank consultancy firm in Lincoln, Neb.
disaster recovery industry news and opinions
Do-it-yourself disaster recovery The perceived advantages (and realities) of taking disaster recovery into your own hands By Eric Flick Director of Disaster Recovery, Centurion Jack Henry & Associates, Inc.
ome banks attempt to provide their own business continuity and disaster recovery by purchasing redundant hardware and installing it in a branch or remote location other than where the bank’s main system is housed. This do-it-yourself (DIY) disaster recovery methodology has some perceived advantages and realities that bankers should consider before taking disaster recovery into their own hands or contracting with a professional disaster recovery service provider.
Perceived advantage No. 1: Cost containment
The single biggest advantage of an in-house or internal recovery solution is the perceived lower cost, which appears to be a fixed cost spread over multiple years versus annual fees and ongoing testing expenses.
Reality No. 1
Despite the perceived up-front savings, significant investments must be made in hardware, software, item processing equipment, networking, and communications. And banks must ensure they can access internal recovery centers, branches, thirdparty systems, ATM switches, etc. Main and backup systems require duplicate operating systems, application software, and testing utilities, which means duplicate license fees. Hardware and software must always be upgraded to compatible levels, so every main system upgrade must be duplicated on the backup system. And monthly and/or annual maintenance fees must be paid on both the main and backup equipment. To accurately analyze in-house disaster recovery, compile an itemized list of equipment, software, communications gear, and peripheral devices and consider the purchase price, maintenance costs, and required personnel. Also list the main system upgrades purchased in the last three to five years and double those costs to determine what you can expect to pay in the next three to five years. This exercise will help you compare the total cost of an in-house recovery center to the cost of a professional recovery provider.
backup facilities. Professional disaster recovery services do not rely on a single-thread recovery solution. They ensure compliance with this guidance through multiple regional recovery sites that are prepared with the necessary equipment, resources, technical support, and qualified personnel that know your business, hardware, and software.
Perceived advantage No. 3: Overall control
A common perception is that having your own recovery equipment means your bank is self-sufficient and can test your recovery plan based on your staff’s schedule.
Reality No. 3
Disasters can significantly impact your bank’s employees, their families, their homes and their communities. These personal burdens typically and understandably take precedence over work responsibilities, and effectively responding to disasters without appropriate staffing is virtually impossible. Professional disaster recovery services ensure access to a qualified support staff that is not personally affected by disasters and can exclusively focus on restoring your bank’s operations. DIY disaster recovery also means your staff is responsible for the highly technical tasks of reconfiguring your bank’s networks to communicate with the internal recovery system, switching over your ATM operations, and maintaining the primary banking applications your customers depend on like ATM authorization and Internet, mobile and telephone banking. Professional disaster recovery services also ensure that enterprise-wide business continuity and recovery plans are fully and systematically tested based on industry best practices. All too often, banks only test the core system and neglect mission-critical ancillary applications like item processing, teller solutions and ATMs.
Continued on page 14
Perceived advantage No. 2: A more convenient location
A common perception is that DIY disaster recovery is more convenient because the back-up system is typically nearby and requires minimal travel time and expense.
Reality No. 2
If a major disaster like Hurricane Katrina were to strike your geographic area, there is a strong possibility that your internal back-up solution would also be affected. In fact, as a result of this historic hurricane, the FFIEC revised its guidance regarding the distance between primary data centers and
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Weigh the risk
When considering operational alternatives, there are often perceived and actual realities that should be carefully and objectively evaluated. DIY disaster recovery versus a professional disaster recovery service has strong proponents on both sides of the argument, but there are several undeniable realities today. Regulatory oversight is expected to continually increase, and in the post-Katrina environment, bank officers and directors can be held legally liable if their bank does not properly respond to a disaster. Re-establishing customer, market and stockholder confidence, if your bank fails to appropriately respond to a business interruption or catastrophic disaster, is a long and expensive process at best—if it’s even possible. As you consider your bank’s disaster recovery solution, ask yourself three simple questions. What are the biggest benefits and the biggest deficiencies of our current disaster recovery solution? How high is the probability that our current disaster recovery solution or specific components could actually fail if an unexpected disaster strikes? Can I prove to my bank’s officers and directors and the regulators that we’re ready to respond? Based on your honest answers to these elementary questions, you might discover it’s in your bank’s best interest to take at your12/9/09 disaster9:40:01 KS another Banker ADlook 12.9.pdf preparedness and recovery plans.
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THE KANSAS BANKER July 2010
3706 S. Topeka Blvd. Suite 300 Topeka, KS 66609
security officer ’ s byword industry news and opinions
Correspondent accounts need controls
T Donald Towle Senior Vice President of Kansas Bankers Surety
here is a gigantic hole in some banks’ internal control program that you can drive an 18-wheeler truck through. That is the cor-
respondent account. During the last several months, seven banks have suffered very large embezzlements because one person was in charge of balancing that account. One was a $20,000 a year clerk; some were bank cashiers; and some were bank presidents. The key to all of those embezzlements was that only one person was in charge of balancing the correspondent accounts. The latest was a $20,000 per year clerk who had been simply transferring funds directly from the correspondent account to her personal account for three years and force balancing the account. The total loss was just more than $140,000. That is seven years of her salary. In another case, the bank cashier transferred more than $400,000 in a two-year period from the correspondent account. At times, others in the bank balanced the account. However, when they could not balance, he was questioned. He just made up an excuse and told the person who had balanced the account to just plug in the amount that
he gave them to make the account balance. In truth, the amount that he instructed them to “just plug into their figures” to balance was the amount that he had stolen from the correspondent account. A bank president stole more than $1.4 million from the correspondent account. He always personally balanced all three correspondent accounts and just gave the cashier the amounts to use in completing the Call Reports. No one in the bank, except the president, ever saw the correspondent account statements. He was using the money to speculate in high-risk investments that apparently did not do well, causing him to lose $1.4 million. It is absolutely necessary that the balancing of the correspondent accounts be rotated among a number of people in the bank and balanced by a second person at least monthly. In the case of the clerk who had been transferring funds from the correspondent account over a three-year period, the bank completely disregarded the most basic internal control by never checking the accounts of the bank employees. That one very basic internal control of checking all officers and employees accounts monthly would have prevented four of the seven embezzlements and prevented more than $2 million from being stolen from the banks by their employees.
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W ashington update industry news and opinions
A lesson ignored?
or more than 20 years, ABA has warned policymakers about the major flaws with mark-to-market accounting. The financial crisis of 2008 subsequently provided very dramatic examples of what happens when certain assets and liabilities are recorded in financial statements at their market values. Ed Yingling The lesson was this: When the market President of The swings, so do financial statements in a vicious American Bankers race to the valuation bottom because of an Association illiquid market. This very pro-cyclical nature of mark-to-market accounting erodes banks’ capital and their ability to lend at the worst possible time. This should have been a valuable lesson for policymakers. However, the Financial Accounting Standards Board doesn’t quite get it, as exemplified by its recently issued exposure draft on mark-to-market accounting. Despite deep concerns voiced by ABA and others about the lack of relevance and the pro-cyclical nature of mark-to-market, FASB has proposed requiring banks to mark all loans on the balance sheet at fair value. FASB’s proposal presents significant problems for both banks and our economy. First, it would greatly undermine the availability of credit by making it difficult to make many long-term loans, the value of which, even if performing perfectly, would likely be reduced on the day a loan is made because they are not liquid.
Second, the proposal ignores traditional banks’ basic function, which is to originate and hold long-term loans. Changing the accounting would thus change the way many banks operate. Bankers have long supported using a business model for accounting. Under this approach, mark-to-market accounting is used for assets that are actively traded, and credit impairment is used for loans that are not traded. If a company’s business model is not based on markto-market, then using it as the basis of accounting can be misleading to users of financial statements. As ABA noted in a white paper last year, “Portions of the business that are managed to maximize current fair values should use MTM; those that manage cash flows should use amortized cost, accompanied by a robust impairment process, which includes recording impairment based on expected losses over a horizon that can be reasonably estimated. This is the path that the accounting rule makers should take, as it will provide an improved basis for understanding a company’s performance.” The mark-to-market principles in the proposal conflict with the recommendations of the G-20 and the Basel Committee, and the proposal is also dramatically different from the new International Accounting Standards Board rules, which are based on an entity’s business model. The proposal also diverges from the notion of “convergence” of international accounting principles. Mark-to-market is a huge threat to banks. It would cause earnings volatility that would cloud actual financial performance and impede bank investment.
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farm credit watch industry news and opinions
Big problems in the Texas Farm Credit District
irst quarter, 2010, call reports indicate major problems among the 19 FCS direct-lending asBert Ely sociations operating Senior Economist at within the Texas the American Bankers Farm Credit District. Association The Texas district encompasses all of Texas and northwestern Louisiana. Additionally, along with other FCS banks, it provides funding for FCS associations serving the rest of Louisiana, most of New Mexico, and all of Mississippi and Alabama. Four of the 19 Texas district associations lost money during the first quarter of 2010; no other FCS association in the United States lost money during that quarter. Worst, three of those money losers, plus another Texas District association, are operating under Farm Credit Administration (FCA) enforcement orders. Although the FCA has a policy of not disclosing which FCS institutions are subject to enforcement orders, at least some FCS institutions are disclosing the existence of such orders in their quarterly and annual reports to their shareholders. Just as the bank regulators release to the public the enforcement orders they issue, so too should the FCA so that policymakers, shareholders, and others can gain a complete, national understanding of problems within the FCS. The most troubled association served by the Texas bank is Ag New Mexico FCS, which lost $6.15 million during the first quarter of 2010, an amount equal to 20 percent of its year-end 2009 capital. This loss was caused by $8.48 million in expenses due to a loanloss provision, losses on other property sold, and losses on $43.25 million of loans (including $29.61 million of nonaccrual loans) sold during the quarter. The association’s assets shrank by $61.21 million during the quarter, to $207.27 million, as its loans, beyond those it sold, declined $14.58 million. According to its first-quarter 2010 financial report, “the Association remains under a special supervisory agreement with the [FCA].” Unfortunately, neither the FCA nor the association has revealed the details of that agreement. Lone Star, ACA, which reported a $4.99 million loss for the first quarter of 2010, was the second-biggest loser. However, it is much larger than Ag New Mexico, with $1.13 billion of assets as of March 31, 2010, and therefore better able to absorb that loss. On March 31, Lone Star had $87.24 million of nonaccrual and other non-performing assets, equal to 8.32
percent of its loans and other property owned. It had just a $16.46 million loss reserve, which suggests that it faces future quarterly losses as it increases its loan-loss provision. Lone Star does not appear to be under an FCA enforcement order, but according to its first-quarter 2010 financial report, on three different occasions during the first four months of 2010, it received a “Notice of Default and Limited Waiver of Certain Requirements” in the agreement under which it borrows from the Texas FCB. Further, that bank “has granted limited waivers of these defaults provided that [Lone Star] complies with all actions outlined in its response to the [FCA] examination letter dated Dec. 22, 2009.” Translation: Lone Star is in trouble. Three Texas District associations, all subject to FCA enforcement orders, are slated to merge into other Texas District associations this year. Louisiana Ag Credit, which will merge into Southern Ag Credit, did not seem particularly troubled at March 31, 2010, as it made money in the first quarter of 2010, its non-accrual loans equaled 3.1 percent of its total loans, and its allowance for loan losses was 143 percent of its non-accrual loans. However, since August 1 of last year, Louisiana Ag Credit has been managed by Southern Ag Credit, after the FCA, on May 14, 2009, placed Louisiana Ag Credit under “Special Supervision,” citing “material weaknesses in the Association’s risk profile as well as an overall continuing concern with the Association’s safety and soundness.” It appears that Louisiana Ag Credit is much weaker than its most recent financials indicate and that those problems will soon get buried in Southern Ag Credit. However, Southern Ag Credit has problems of its own, with non-performing assets at March 31, 2010, equal to 3.86 percent of its gross loans and other property owned and an allowance for loan losses equal to just 10.6 percent of those troubled assets. AgCredit of South Texas, operating under an FCA enforcement order since September 2009, will merge into Texas AgFinance FCS, which has managed AgCredit of South Texas since January 2009. On March 31, 2010, South Texas’s nonaccrual loans equaled 15.62 percent of its total loans and its allowance for loan losses equaled just 8 percent of its nonaccrual loans. Finally, in the fourth quarter of 2009, Legacy Ag Credit entered into a supervisory agreement with the FCA “due to unsafe and unsound practices and conditions and violations of FCA regulations within the institution.” Since then, Legacy has begun discussions with Texas Land Bank (TLB) about being acquired by TLB. In the first quarter of 2010, Legacy lost $1.12 million.
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July 2010 THE KANSAS BANKER
wyckoff industry news and opinions
Making hay By Bill Wyckoff President Labette County Bank
his is the time of year farmers are in the field making hay. The methods have changed, but the end result is the same: feed for the animals next winter. My grandparents used hay forks to pitch the hay onto wagons and then into the barn loft. Later, my parents were able to bale the hay in stationary balers, which were also hand fed. My high school summers were filled bucking square bales on a wagon behind a tractor that was pulling a hay baler, followed by hand stacking these bales in a barn. After working on a hay crew during the summer, two-a-day fall football practices weren’t so bad in high school, and no one carried extra pounds around their waist. Today’s farmer uses a large tractor and baler capable of making a bale weighing a ton or more. It is fast, efficient, and mostly done in air-conditioned comfort. That is probably a good thing, since it would be all but impossible to find people to work on a hay crew today. The entire financial world is preparing for the latest set of regulations coming out of Washington. The one thing certain is that credit will be less available and more expensive because of these rules. Just a few years ago, Freddie Mac and Fannie Mae controlled about half of the mortgage lending in the country. Politicians got involved, demanded more loans be made, since owning a big expensive home was a God-given right, even if the borrower couldn’t afford it, and as such, these giant government agencies relaxed their lending standards. At the same time, politicians opened up lending avenues, which could get this government secured money to non-regulated mortgage brokers, in an effort to further expand the political whim of allowing people to “own” an unaffordable house. You know the rest of the story; we end up with the mortgage melt down. So in order to save face, these same politicians now want to punish the lenders who were not even part of the mess—community banks. Go figure; after all, they can’t go after those other broker guys, because they are long gone and they dare not point the finger at themselves for causing the problem in the first place. These self-righteous folks even received special favors from the guilty parties, and to make matters worse, now the government-owned Freddie and Fannie outfits control almost all of mortgage lending in the U.S.—99 percent! I'm proud to say they won’t control Labette Bank mortgage loans, as long as it can be prevented. You are probably asking “what does this have to do with me?” The answer, in a nut shell, is it's money, your money. Two years ago we could process a mortgage loan in a week, if needed, and the closing costs would be low. Today, it takes four times that. The so-called consumer protection regulations passed last year were supposed to save borrowers money by being able to shop for better deals. What actually happened was these laws have cost borrowers more money than they were estimated to have saved in the first place. Borrowers have been double-dipped by their government. Title companies, appraisers, attorneys, surveyors, closing agents, and inspectors all raised their prices to cover the additional cost of complying with these new regulations. Who pays the extra money? The people borrowing it, once again the little guy. The latest new law, currently in conference committee, will probably make it impossible for a community bank to make the small local home loans they have always made in the past.
THE KANSAS BANKER July 2010
The cost of compliance is now too great on smaller loans. For example, in the communities we serve, a person can buy a home costing, say, $25,000 in a clean, safe neighborhood that is close to great schools and has no crime. The only graffiti in these communities is seen on the rail cars coming out of Chicago. The government regulations are the same for making a $25,000 loan as they are for making a $500,000 loan. Politicians are even wanting to limit total closing costs to say, 3 percent of the loan. On the large loan that is $15,000 but on the small one it is $750. The out-of-pocket costs for the lender are greater than the $750, and the paper work is overwhelming. Take a look at the inset photo. The loan file on the right is for a $27,500 loan, the file on the left is for a $545,000 loan. Do you think the Washington people forgot that most Americans live in the fly-over zone, in homes costing less than a half million? Do you think these geniuses could exempt the small loans from the draconian rules? Don’t think what I’m saying is sour grapes from a lender. Not at all, it is rotten grapes for the American dream of owning a home. All of us began adult life with a “starter” home. It probably needed work, it was small, but it was cheap and affordable. My first home was in that category and I was able to put in a little sweat equity and later make some money to buy a better home. I doubt I could find a lender today willing to make such a small loan and still follow the maze of regulations and trip wires. Banks will continue to finance these lower priced homes, but not to individuals, rather to commercial interest, landlords, who will then rent them to the occupants. The rent will be greater than the house payment would have been to buy the home, but remember that is the change we all got from allowing politics to destroy owning a starter home. As I prepare to stack the hay I will need this winter for my cows, I am reminded of the fact that most of the folks making these laws don’t have a clue as to what it takes to prepare for anything beyond today. They have done everything possible to prevent people from catching and living that American dream. Politicians could have asked for help formulating the new laws, but it was easier to just react to poll numbers since they do have a very important job to protect—theirs. The one thing certain, however the phrase, ‘make hay while the sun shines,’ means something totally different to people in Kansas than to the people in Washington. Kansas Liberty columnist Bill Wyckoff is president of Labette Bank, a community bank with locations throughout southeast Kansas, and an occasional contributor to the Wall Street Journal and Fox Business News. He lives on a farm outside Altamont, Kan. A graduate of Kansas State University with an MBA from Southern Illinois University, he enjoys collecting antique John Deere tractors and driving his hemiorange Dodge Challenger. The opinions in this article are those of its author and not necessarily those of the Kansas Bankers Association.
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July 2010 THE KANSAS BANKER
Meet a bank: Stockgrowers State Bank Stockgrowers State Bank, originally chartered as Clark County Bank, celebrated its 125th anniversary in June. The bank was chartered in 1885 with total paid-in-capital of $4,000. It was the first bank in Clark County. However, in the spring of 1887, James A. Blair and Oliver E. Ewart of Medicine Lodge had chartered a new bank in Ashland and named it The First National Bank of Ashland. By the time they were ready to open the new bank for business, Blair and Ewart had negotiated a merger with George Theis Jr. and his Clark County Bank. The two banks merged in 1887 under the banner of First National Bank. The name was changed to the Farmers and Stockgrowers Bank of Ashland in 1891, before eventually being named Stockgrowers State Bank in 1933. Today, the bank is home to President Kendal Kay, who took over in 2003. Kay is a member of the KBA board of directors and a 2009 Bank Leaders of Kansas graduate. Branches: The bank purchased its first branch in 1995 in Meade. Community service: “The bank provides financial support for a number of events and organizations from 4-H premiums at local county fairs, to the Ashland Community Foundation, Ashland and Meade school and hospital districts, and Ashland and Meade Chamber of Commerce projects. In 2009, our bank team raised over $10,000 for the Meade County American Cancer Society Relay for Life. In July, our branch, Meade State Bank, will host its 19th annual Meade County Fair BBQ and then in September, Stockgrowers State Bank will be hosting its 17th annual Tailgate BBQ, which is held before the first home football game in Ashland.” --Kendal Kay
Above: President Kendal Kay, third from left, helps serve community members at Stockgrowers State Bank’s 125th anniversary celebration.
Above: Shaded in a tent, Ashland citizens eat and laugh at the 125th anniversary celebration. The bank was chartered in 1885.
Revised Regulation Z Rules for OpenEnd Credit
Register and see full, regularly updated listings of KBA education programs and events at www.ksbankers.com.
July 20 :
Commercial Loan Documentation Part 1
Motivating & Managing the Teller Line Part 1
Webinars—Sunflower Series July 15: Social Media
BSA/AML Compliance: Recent Developments & Common Errors
Webinars—National Series July 9: Consumer Lending for Commercial Lenders
Commercial Loan Documentation Part 1
Accounting for OREO & ALLL Part 2
Loan Officer Clinic Session 1
Accounting for OREO & ALLL Part 1
KBA/NBA Schools of Banking
Loan Officer Clinic Session 2
THE KANSAS BANKER July 2010
Agricultural Lending School July 19-23: Kearney, Neb.
Gradudate Schools of Banking Graduate School of Banking at Colorado July 11-23: Boulder, Co. Human Resource Management School Aug. 8-3: Madison, Wis. Gradudate School of Banking at the University of Wisconsin-Madison Aug. 8-20: Madison, Wis. Senior Management Seminar Aug. 15-20: Madison, Wis.
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