Archive | March, 2021

Yes, Charlie Harper was an idiot – are we idiots too?

6 Mar

Sorry to be a broken record these days, but I can’t emphasize enough that this Pension Obligation Bond that Staff is trying to force through will tank our town. While there is a complicated mess going on in our town right now, all related to poor management, the POB is the worst thing coming at us right now. I’ll repeat – this bond would cement the taxpayers into paying the pension deficit created by Staff. Meaning, all our resources would be drained into paying the deficit by way of the bonds – not to mention, a proposed sales tax increase. The POB comes before any other “obligations” – like roads, park, sewer and other infrastructure. And, as the economy tanks, the revenues will turn into debt, the biggest debt the city has ever taken on. Don’t be a dupe – the sales tax measure and the “roads” bond are just part of the exhaustive scheme to finance the POB.

Our biggest financial problem is Staff and their unsustainable salaries and benefits. Instead of trying to control employee costs, City Manager Mark Orme and Financial Services Director Scott Dowell have convinced council that we can just put it all under the rug with a POB. 

I’ll guess I’ve done more research on this topic than any member of council. I’ve tried to share what I’ve found – here’s an article I sent to Kasey Reynolds and Sean Morgan. I chose them because I’ve had a pretty good rapport with them in past, and the other night when they voted YES on the sales tax increase and the “roads” bond, they at least tried to fake wanting to vote NO. So, I think they are malleable – you know, like metal – if you put enough heat on it and beat it with a hammer, you might get what you want. 

A recent article from municipalbonds.com, 2/17/21

https://www.municipalbonds.com/education/pension-obligation-bonds-can-it-be-a-prudent-investment/

“In the recent years, the Government Finance Officers Association (GFOA) came out with a stern advisory for local and state governments to NOT issue pension obligation bonds (POBs) to meet their unfunded liabilities and made a case for them being ‘complex instruments that carry considerable risk.’ It’s also important to note that some of the large municipalities that filed for bankruptcies in the United States had some exposure to pension obligation debt – including the City of Stockton and City of San Bernardino – in the years leading up to their insolvencies.”

Here’s an important point I want to come back to later – 

“Primarily, these pension liabilities are based on a few factors: retirement age, mortality, projected salary increases attributed to inflation, across-the-board raises and merit raises, increases in retirement benefits, cost-of-living adjustments, valuation of current assets, investment return and other matters.”

For now I’d like to look at how exactly these bonds work and why the risk isn’t worth it for Chico.

Right now Staffers, especially Mark Orme and Scott Dowell, are trying to mislead council as to the risk of this scheme. 

“One of the biggest challenges and largest variables in the aforementioned list of factors is the investment return on the pension portfolio; this single variable is also responsible for creating the large unfunded liabilities for many of the local governments.”

This is the risk that was ignored in the late 1990’s, when CalPERS said they could fund the outrageous pensions by playing the stock market, and here’s what happened:

“For example: a pension fund assumes an investment return of 7% for the year and bases its actuarial pension obligations for local cities and counties; however, the financial markets had a terrible year and the pension fund only generated 2% returns – this means that the 5% gets added to the unfunded liabilities portion for cities and counties – because that money, originally expected to be generated through investment returns, is still needed to fully meet the pension obligation for city and counties.”

On the one end, CalPERS was making bad investments – we see now, many of those were based on bribery and personal gain. On the other end, CalPERS kept promising better returns, and cities, counties and other local entities all over California started making unsustainable agreements with employees, giving across the board salary increases and overgenerous benefits packages. Even as CalPERS has failed again and again, government agencies like City of Chico have ignored the crisis, continuing to agree to over-generous salaries and perks, even lately creating three new management positions, with salaries over $100,000/year.

Here’s an older article (2013) that details “CalPERS’s three-decade-long transformation from a prudently managed steward of workers’ pensions into a highly politicized advocate for special interests.”

https://www.city-journal.org/html/pension-fund-ate-california-13528.html

It was at long before that – early 2000’s – when former city manager Tom Lando made an MOU (memo of understanding) for Chico employees (including himself) that “attached salaries to increases in revenues, but not decreases…”  That MOU resulted in Lando’s salary going from about $65,000/year to over $130,000/year. In retirement, he is now making about $155,000 (that’s where the COLA comes in). 

The gentleman mentioned in that article, Alfred Villalobos, committed suicide about a year later over allegations that he had been bribing/accepting bribes to unload bad stocks. Just a year ago, another scandal led to the forced resignation of Chief Investments Advisor Ben Meng.  Meng resigned Aug. 2019 after questions arose about why he did not recuse himself from decisions by CalPERS to invest in private equity funds in which he was holding stock!  CalPERS made a more than $1 billion investment in April 2019 in a Blackstone fundMeng owned stock in, and Meng never recused himself.

Meng’s successor, Henry Jones, was also asked to resign, critics accusing him of concealing ethics violations made by Meng. Jones denied everything, saying, “CalPERS has known about questions regarding Ben’s Fair Political Practices [Commission] disclosure filings...”

So there it is – Meng disclosed his investments in those private equity funds, but the board still not only appointed him Chief Investments Advisor, but approved a $1 billion investment in those same equity funds.

So, CalPERS is a total disaster of fraud and corruption, and everybody’s known it for at least six years,,  but the city of Chico didn’t change a thing, just kept doling out higher salaries and refusing to raise the employees’ share of the cost to a sustainable level. 

Let’s go back to that first article – “Primarily, these pension liabilities are based on a few factors: retirement age, mortality, projected salary increases attributed to inflation, across-the-board raises and merit raises, increases in retirement benefits, cost-of-living adjustments, valuation of current assets, investment return and other matters.”

Chico makes all of the above mistakes, failing to manage employee costs. I like to refer to this bit from “Two and a Half Men” – 

 

Yes, Charlie is an idiot. Get what I’m  saying? 

This is how the city of Chico spends money. New Public Information Officer? Homeless Coordinator? Another management position for Public Works? Complete with inappropriate shoes? All three positions created – not filled, created – in the last year, by Mark Orme, at salaries over $100.000/year. 

Does this sound like prudent management to you? Frankly, I think the first thing we need to do, is get rid of Orme, and send his buddy Dowell right out the door behind him. 

And then, in 2022, we should probably dump Reynolds and Huber. Because they just signed on to the sales tax increase and the “roads” bond. Coolidge already alluded to those revenues being used to service the POB. Another note from municipalbonds.com:

“Furthermore, the taxable form of pension debt is often secured by some sort of revenue sources, like sales tax or property tax, which means that the issuance of this debt cuts into a municipality’s debt capacity that could be used for other purposes. Issuing taxable debt to fund the pension’s liability increases the jurisdiction’s bonded debt burden, and potentially uses up debt capacity that could be used for other purposes. Also, the taxable form of debt is often issued without a call option, which makes it hard for a municipality to refund the debt at a lower interest rate in the future.”

Remember what Coolidge said at Tuesday’s meeting – “it’s open for discussion… what size bond and what percentage of that sales tax would go for a road bond…”

Orme, Dowell, and Coolidge, are knowingly trying to dupe us into thinking that sales tax increase would be for public safety, and the “roads” bond would be for roads. “Special” taxes, oh yeah! 

Don’t be a dupe, tell them you’re not buying it. 

 

Chico City Council forwards two new taxes to Fin Comm for consideration, but fails to discuss Pension Obligation Bond

5 Mar

Tuesday night (3/2/21), Chico city council took on an agenda packed full of troublesome items, but didn’t end up discussing all of them. One item casually left out was the Pension Obligation Bond that staff has been pushing forward since 9/23/20. But, council did take up Mayor (really?) Andrew Coolidge’s proposed “sales tax for police and fire” and “bonds for roads”. 

I thought it was strange that those two items were combined, but it got even stranger during the discussion. Coolidge made a brief introduction – since he’s the horse’s ass who is suggesting two new taxes, he figured it should come straight from him. “our roads are in horrific shape…” despite the fact that “each year we’re spending $3 – 4 million… they are still failing…” 

Yes, that sounds about right, the city spends about $3 – 4 million on our streets each year. But I’ve been to the meetings – a lot of that money comes from very specific state and federal grants. And, it’s not usually maintenance – a lot of times it’s a new bike trail, or an experiment like they are currently conducting with the street lights on Esplanade, or enhancements for new subdivisions that developers paid (?) for. 

Meanwhile, Staff spends at least three times as much toward their burgeoning Unfunded Actuarial (Pension) Liability”. This year Scott Dowell reported paying $11.4 million in “catch up” payments to CalPERS – that’s IN ADDITION to the payroll amount. 

UAL 101: Staff makes two different payments to CalPERS toward the pensions, the payroll amount, and the “catch up” amount. The payroll amount includes the petty 9 – 15% “employee share”, and goes toward the “base” of the debt. The catch up payments are “allocated” out of each department, and include NO EMPLOYEE CONTRIBUTION. “Catch up” payments go toward the unfunded liability, which is created by the abysmally and completely unrealistic and unreasonable “employee share.” 

I just wanted to make that clear.

Mr. Coolidge immediately went about making a motion that these items be sent to the Finance Committee for vetting. The conversation that followed was so confusing I had to re-listen several times.

Coolidge does not seem to remember that the city hired and paid a consultant (EMC) to explore the various nuances of a sales  tax measure. He wants to start that conversation all over again, and I’ll tell you why. The first conversation did not include the prospect of the Pension Obligation Bond. Cause see, that’s what this is all about – they need some new revenue sources to secure the incredible debt they will be taking on with that POB. 

The size of the sales tax increase, Mr. Coolidge opined, “it’s open for discussion… what size bond and what percentage of that sales tax would go for a road bond…”

So, are you hearing that? At the beginning of the conversation, Coolidge very clearly asks for a “sales tax for police and fire…”, but as he winds along, he admits, the sales tax increase will be used to secure the road bond. 

Or does he mean the Pension Obligation Bond? The whole conversation that followed was very confusing, and I felt several members of council were also very confused.

For one thing, Brown is confused between a “special” tax and a “general” tax, and had to have this explained to her. For another, the entire council seems to be laboring under the popular misconception that just because a tax requires 2/3’s voter approval, that it is “special” – designated or “dedicated” to a specific purpose. For example, CARD Measure A, defeated just last March, was a 2/3’s measure that would have been spent at the discretion of the CARD board.

It is all about the wording of the measure. As explained to me by Attorney(!) Rob Berry, “Measure A and sales tax are two different things.  I’m talking sales tax, which has not been written yet.  Measure A is general revenue, but because it is a parcel tax, it requires 2/3.  It is written to leave them broad discretion.  That is different than a special sales tax written to tie their hands as tightly as possible. ” 

Berry added, “You can write a requirement that no general fund line item can be reduced to be funded by this tax, that way preventing them from cutting the general fund expenditure for roads and police for example, and paying the whole thing from the new tax.  It must be IN ADDITION to existing budget line items.”

Brown made it clear that she wants a General Tax, that can be spent at the discretion of council. This led Coolidge and new-found friend Scott Huber to make amends to their first motion. Huber suggested, “the finance committee will discuss the possibility of taxes or bonds for fire and police and roads…” Coolidge added,  “any configuration of those…” 

This seems to leave the door open to just about anything. I felt they were pandering to Brown, and I think they all want a measure that can be interpreted loosely. But they forwarded the motion anyway. Denlay, saying she wanted more budget information, ABSTAINED. Why didn’t she just vote NO? HUBER: YES MORGAN: YES  TANDON: YES REYNOLDS: YES COOLIDGE: YES BROWN: NO 

Morgan and Reynolds both made very limp-wristed statements about wanting to vote no, then quickly voted yes. 

I’ve followed the conversation since Staff brought forward the POB last September. The consultant Mark Orme hired made it clear they would need an additional revenue source to guarantee the POB. And here we are!

Expect this conversation to go as underground as the POB conversation has gone. While they can’t put any tax measure on the ballot until November 2022,  I fully expect council, under the direction of Svengali Mark Orme, to implement the POB within the next few months. And then they will pursue both a bond measure and a sales tax measure that will be used to secure the POB, not to fix streets or hire more cops or firefighters. A POB would put the taxpayers PERMANTLY on the hook for the pension deficit, employees will never pay a rational share, and our economy will tank. 

Unless we put the heat on them right now. And hard. Reynolds, Huber and Brown are all up for re-election in 2022.