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Investment Policy RevisionTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Investment Policy Revisions DATE: October 28, 2008 Finance Director Ken TeKippe recommends City Council approval of the updates to the City of Dubuque Investment Policy. The revisions further refine the policy and include clarifications, expanded definitions, and wording changes relative to Governmental Accounting Standards Board Statement No. 40 on prescribed level of credit risk. The updated Investment Policy was approved by the Investment Oversight Advisory Commission at their October 22, 2008 meeting and will be forwarded to the Municipal Treasurers' Association of United States and Canada for recertification after City Council approval. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Kenneth J. TeKippe, Finance Director THE CITY OF DuB E ~~ Memorandum TO: Michael C. Van Milligen, City Manager ~; ~p v ~Z~~7 ~/ FROM: Kenneth J. TeKippe, Finance Director SUBJECT: Investment Policy Revisions DATE: October 27, 2008 INTRODUCTION The purpose of the memorandum is to provide recommended updates to the City of Dubuque Investment Policy. The Municipal Treasurers' Association of United States and Canada recommended the City update our policy and submit for recertification. DISCUSSION Attached is an updated City of Dubuque Investment Policy. Revisions have been made to further refine the policy. The revisions included clarifications, expanded definitions, wording changes relative to Governmental Accounting Standards Board (GASB) Statement Number 40 on prescribed level of credit risk. The updated Investment Policy was approved by the Investment Oversight Advisory Commission (IOAC) at their October 22, 2008 meeting and will be forwarded to the Municipal Treasurers' Association of United States and Canada for recertification after City Council approval. The Investment Policy has been reviewed over a period of time. Input has been received from the investment managers, an independent investment advisor, IOAC, Jean Nachtman, Assistant Finance Director and myself. The latest revisions to the policy were approved in November 1999. The original policy was approved in July 1992. REQUESTED ACTION The requested action step for City Council is to adopt the attached Investment Policy. KJT/jmg Enclosures RESOLUTION NO, 388 -08 RESOLUTION ~4DOPTINC THE CITY OF DUEUQUE INVESTMENT POLICY Whereas, changes to the code of Iowa have consolidated public funds investment code; and references to code in the City Investment Policy require revision; and Whereas the City Treasurer/Finance Director and Assistant Finance Director have reviewed the proposed changes with the City Investment Oversight Advisory Commission and the Commission has recommended adoption of the revised policy. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque Investment Policy,. attached hereto, is hereby adopted and all previous resolutions inconsistent therewith are hereby rescinded. Section 2. City staff and the Investment Oversight Advisory Commission are directed to act in accordance with the policies set forth in the City of Dubuque Investment Policy and to bring forward proposed changes to the Investment Policy as deemed necessary. Passed, approved and adopted this 3rd day of November, 2008. Attest: s ~~i~ ~ ~ ._ eanne Schneider, City Clerk CITY OF DUBUQUE, IOWA INVESTMENT POLICY REVISED OCTOBER 22, 2008 KEN TEKIPPE JEAN NACHTMAN CITY OF DUBUQUE, IOWA INVESTMENT POLICY TABLE OF CONTENTS Page 1.0 PURPOSE 1 2.0 INVESTMENT POLICY 1 3.0 SCOPE 1 3.1 Pooling of Funds 1 4.0 GENERAL OBJECTIVES 1 4.1 Prescribed Level of Credit Risk 1 4.2 Safety 2 4.3 Liquidity 2 4.4 Yield 2 5.0 STANDARDS OF CARE 3 5.1 Prudence 3 5.2 Ethics and Conflicts of Interest 3 5.3 Delegation of Authority 3 6.0 LEGAL AUTHORITY 3 7.0 INVESTMENT AUTHORITY AND RESPONSIBILITY 6 7.1 Legal Background 6 7.2 Authority and Responsibility Assigned 6 8.0 AUTHORIZED INVESTMENT INSTRUMENTS 7 8.1 Permitted Investments 7 8.2 Prohibited Investments 8 9.0 INVESTMENT OPTIONS 8 10.0 PROFESSIONAL INVESTMENT ASSISTANCE 8 10.1 Investment Advisor Defined 9 10.2 City -Investment Advisor Relationship 9 10.3 Selection of Investment Advisor 9 10.4 Investment Consultant Defined 9 10.5 Selection of Investment Consultant 10 11.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS 10 11.1 Selection Process 10 11.2 Financial Institutions and Brokers/Dealers 10 CITY OF DUBUQUE, IOWA INVESTMENT POLICY TABLE OF CONTENTS (continued) Page 11.3 Financial Advisors and Custodians 11 11.4 Independent Auditor's Verification 11 12.0 COLLATERALIZATION 11 13.0 MAXIMUM MATURITIES 11 13.1 Operating Funds -Available for Short-Term Investment 11 13.2 Reserve and Construction Funds -Available for Long-Term Investment 11 14.0 SAFEKEEPING AND CUSTODY 12 14.1 Delivery versus Payment 12 14.2 Investment Securities 12 14.3 Bonding 12 15.0 DIVERSIFICATION 12 16.0 INTERNAL CONTROLS 12 17.0 REPORTING 12 18.0 ETHICS AND CONFLICT OF INTEREST 13 CITY OF DUBUQUE, IOWA INVESTMENT POLICY 1.0 PURPOSE rThe purpose of this investment statement is to establish the policy that the City shall follow to promote the responsible use of public funds as income-earning resources. The statement will outline the methods, procedures and practices that the City shall follow in carrying out its investment activities. 2.0 INVESTMENT POLICY It is the policy of the City of Dubuque to invest public funds in a manner which will provide the maximum security, maintain necessary liquidity and obtain a reasonable investment return, all in accordance with Iowa statutes governing the investment of public funds. 3.0 SCOPE This Investment Policy applies to all funds under the management of the City of Dubuque. The funds are accounted for in the City's Comprehensive Annual Financial Report. 3.1 Pooling of Funds Except for cash in certain restricted and special funds, the City of Dubuque will consolidate cash balances from all funds to maximize investment earnings. Investment income will be allocated to various funds based on their respective participation and in accordance with generally accepted accounting principles. 4.0 GENERAL OBJECTIVES The primary objectives, in priority order, of the City's investment activities shall be safety, liquidity and yield. 4.1 Prescribed Level of Credit Risk According to General Accounting Standards Board Statement Number 40, paragraphs 68 and 69, the categories of credit risk for investments, dependent on the nature of the investment and the custodial provisions are: • Deposits that are not covered by depository insurance and are (a) uncollateralized, (b) collateralized with securities held by the pledging financial institution, or (c) collateralized with securities held by the pledging fmancial institution's trust department or agent but not in the depositor-government's name • Investment securities that are uninsured, are not registered in the name of the government, and are held by either (a) the counterparty or (b) the counterparty's trust department or agent but not in the government's name. The City Treasurer/Finance Director shall arrange safekeeping procedures so that investments are insured or registered, or are held by the City or its agent in the City's name. Revised 10/22/08 1 of 13 City of Dubuque, Iowa Investment Policy 4.2 Safe Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in such a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. a. Credit Risk The City will minimize the risk of loss due to the failure of the security issuer or backer, by: • Limiting investments to the safest types of securities • Pre-qualifying the financial institutions, broker/dealers, intermediaries, and advisors with which the City will do business • Diversifying the investment portfolio so that potential losses on individual securities will be minimized. • An investment shall be rated within the two highest classifications as established by at least one of the rating review services approved by the Superintendent of Banking by Rule adopted pursuant to Chapter 17A. b. Interest Rate Risk The City will minimize the risk that the market value of securities in the portfolio will fall due to changes in general interest rates, 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. • Investing operating funds primarily in shorter-term securities, money market mutual funds, or similar investment pools. • Investing in securities with adjustable coupons. c. Duration Risk • Less than or equal to six years • Manager should disclose duration of portfolio on monthly reports • Prepayment risk for mortgaged back securities needs to be disclosed 4.3 Li uidi The investment portfolio shall remain sufficiently liquid to meet all operating and capital requirements that may be reasonably anticipated by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. Furthermore, since all possible cash demands cannot be anticipated, the portfolio will consist largely of securities with active secondary or resale markets. A portion of the portfolio also may be placed in money market mutual funds or investment pools that provide same-day liquidity for short-term funds. 4.4 Yield The investment portfolio shall be constituted with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. The return on investments is to be accorded secondary importance cpmpared to the safety and liquidity objectives described above. The core of investments will focus on relatively low risk securities with an expectation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity, with the following exceptions: a. A security with declining value may be sold early to minimize loss of principal. b. A security may be exchanged to improve the quality, yield or target duration in the portfolio c. A security may be sold in order to satisfy liquidity requirements. Revised 10/22/08 2 of 13 City of Dubuque, Iowa Investment Policy 5.0 STANDARDS OF CARE 5.1 Prudence The criterion for the management decisions to be exercised by the investment officials shall be the "prudent person" standard, and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely manner and the liquidity and the sale of securities are administered in accordance with the terms of this policy. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. 5.2 Ethics and Conflicts of Interest Officers and employees involved in the investment processes shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in fmancial institutions with which business is conducted. They shall further disclose any personal fmancial or investment positions that could be related to the performance of the investment portfolio. Also, these same individuals shall refrain from undertaking personal investment transactions with the same individual with whom investment business is conducted on behalf of the City. 5.3 Delegation of Authority The authority for management of the investment program is vested in the City Treasurer/Finance Director and is derived from Section 12B.10, Subsection 1, of the Code of Iowa. In the absence of the City Treasurer/Finance Director, the authorization is delegated first to the Assistant Finance Director and then to the Budget Director. Responsibility for the operation of the investment program is hereby delegated to the appropriate investment officer, who shall act in accordance with established written procedures and internal controls for the operation of the investment program consistent with this investment policy. 6.0 LEGAL AUTHORITY Code of Iowa The following is a summary of sections of the Code of Iowa applicable to City investments administration. • Section 372.8. Council -Manager Form of Government -Supervision (1) The City Manager is the chief administrative officer of the City and shall:.. . (2)(n) Appoint a treasurer subject to the approval of the Council .. . • Section 12B.10. Public Funds Investment Standards The City Treasurer/Finance Director shall at all times keep funds coming into the City's possession as public money in a vault or safe to be provided for that purpose or in one or more depositories approved pursuant to Chapter 12C. However, the City Treasurer/Finance Director Revised 10/22/08 3 of 13 City of Dubuque, Iowa Investment Policy shall invest, unless otherwise provided, any public funds not currently needed in investments authorized by this section. 2. The City Treasurer/Finance Director and other investment officials of the City, when investing, depositing, or acting as custodian of public funds are acting in a fiduciary capacity for the citizens of Dubuque and shall exercise the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use to attain the goal of this subsection. This standard requires that when making investment decisions, a public entity shall consider the role the investment or deposit plays within the portfolio of assets of the public entity and the goals of this subsection. The primary goals of investment prudence shall be based in the following order of priority: a. Safety of principal is the first priority. Maintaining the necessary liquidity to match expected liabilities is the second priority. c. Obtaining a reasonable return is the third priority. Investments of public funds shall be made in accordance with written policies. A written investment policy shall address the goals set out in Iowa Code Section 12B.10(2) and shall also address, but is not limited to, compliance with Iowa law, diversification, maturity, quality and capability of investment management. The trading of securities in which any public funds are invested for the purpose of speculation and the realization of short-term trading profits is prohibited. City investments must have maturities that are consistent with the needs and use of the City. Subsection 5 of Section 12B.10 identifies permitted investments and is included in Section 8.0 of this Investment Policy. • 12B.10A. Public Investment Maturity and Procedural Limitations "Operating funds"means those funds which are reasonably expected to be expended during a current budget year or within fifteen months of receipt. Operating funds are subject to the following limitations: a. Operating funds must be identified and distinguished from all other funds available for investment. b. Operating funds may only be invested in investments which mature within 397 days or less and which are authorized by law and as limited by this written investment policy of the City. 2. All investments of public funds by the City shall be subject to the following: a. Each investment must be authorized by applicable law and as limited by the written investment policy of the City. b. All custodial agreements shall comply with rules adopted by the Treasurer of State pursuant to Iowa Code Section 12B. l OC. Revised 10/22/08 4 of 13 City of Dubuque, Iowa Investment Policy c. All contracts providing for the investment of public funds shall be in writing and shall contain a provision requiring that all investments shall be in accordance with the laws of the State and as limited by the written investment policy of the City. d. A contract for the investment or deposit of public funds shall not provide for compensation of an agent or fiduciary based upon investment performance. A City Treasurer/Finance Director may invest funds that are not operating funds in investments having maturities longer than 397 days to provide funding for pay-as-you-go fmancing of utility construction and required bond and insurance reserves. • Section 12B.1 OB. Written Investment Policv Political subdivisions shall approve written investment policies which incorporate the guidelines specified in Section 12B.10, Sections 12B.10A through 12B.1 OC, and any other provisions deemed necessary to adequately safeguard public funds. 2. The written investment policy must be delivered to all of the following: a. City Council. b. All depository institutions or fiduciaries for public funds of the City. The auditor of the City. • Section 12B. l OC. Regulation of Public Funds Custodial Agreements "Public Funds Custodial Agreement" means any contractual arrangement pursuant to which one or more persons (including but not limited to, investment advisors, investment companies, trustees, agents, the federal reserve and custodians) are authorized to act as a custodian of or to designate another person to act as a custodian of public funds or any security or document of ownership or title evidencing public funds investments. This does not include custodial agreements between anopen-end management investment company registered with the Federal Securities and Exchange Commission and a custodian bank. The City of Dubuque shall comply with any rules adopted by the Treasurer of the State of Iowa requiring the inclusion in public fund custodial agreements any provision necessary to prevent loss of public funds. However, this section does not apply to public funds that are invested under the provisions of a resolution or indenture for the issuance of bonds, notes, certificates, warrants, or other evidences of indebtedness. • Section 12C.1. Deposits in General - Defmitions The City Treasurer/Finance Director shall invest all funds not needed for current operating expenses in time certificates of deposit in approved depositories pursuant to this chapter, or in investments permitted in Section 12B.10. Current operating funds are retained in interest bearing checking and savings accounts with local fmancial institutions. Revised 10/22/08 5 of 13 City of Dubuque, Iowa Investment Policy • Section 12C.9. Investment of Sinking Funds -Bond Proceeds The City Treasurer/Finance Director may invest the proceeds of public bonds or obligations and funds being accumulated for the payment of principal and interest or reserves in investments set out in Section 12B.10, Subsection 4, paragraphs "a" through "g", an investment contract or tax exempt bonds. The investment shall be as defined and permitted by Section 148 of the Internal Revenue Code and applicable regulations under this section. An investment contract or tax exempt bonds shall be rated within the two highest classifications as established by at least one of the standarfl rating services approved by the Superintendent of Banking by rule adopted pursuant to Chapter 17A. • Sections 1X.15 through 1X.23 pertain to collateralization requirements. They are not repeated here because of the length of these sections. Those sections are hereby incorporated by reference. • Section 384.21. Joint Investment of Funds A city or a city utility board shall keep all funds invested to the extent practicable, and may invest the funds jointly with one or more cities, utility boards, judicial district departments of correctional services, or counties pursuant to a joint investment agreement. All investment of funds shall be subject to Sections 12B.10 and 12B.10A and other applicable laws. 7.0 INVESTMENT AUTHORITY AND RESPONSIBILITY 7.1 Legal Back_rg ound The City Council is charged, under Iowa Code Section 12B.10B, with approving a written investment policy which incorporates the guidelines specified in Section 12B.10 entitled "Public Funds Inrvestment Standards"; Section 12B.10A entitled "Public Investment Maturity and Procedural Limitations"; Section 12B.lOB entitled "Written Investment Policies"; and Section 12B.lOC entitled "Regulation of Public Funds Custodial Agreements" and which are described in Section 6.0 of this Investment Policy entitled "Legal Authority". Authority to invest City funds is designated in the City Treasurer/Finance Director by Iowa statute as designated above. (Iowa Code Section 12B.10, Subsection 1) The City Manager, as chief administrative officer for the City, is responsible by statute for budget preparation, overall business affairs of the City and appointment, with City Council approval, of the City Treasurer/Finance Director. 7.2 Authority and Responsibili Assigned The City Treasurer/Finance Director shall establish written procedures for the operation of the investment programs consistent with this Investment Policy. Procedures should include references to safekeeping, repurchase agreements, money managers, wire transfer agreements, collateraUdepository agreements and banking service contracts. The City Treasurer/Finance Director shall invest all funds in accordance with this policy. In the absence of the City Treasurer/Finance Director, the Assistant Finance Director shall be responsible and in the absence of the Assistant Finance Director, the responsibility shall be assumed by the Budget Director. No person shall engage in an investment transaction except as provided under the terms of this investment policy and the procedures established by the City Treasurer/Finance Director. The City Treasurer/Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls and reports to inform the City Manager of the details of investment transactions. At least quarterly the City Manager shall meet with the City Treasurer/Finance Director Revised 10/22/08 6 of 13 City of Dubuque, Iowa Investment Policy to discuss the status of current investments, strategies for future investments and other investment matters deemed necessary. Quarterly and fiscal year-to-date reports shall be provided by the City Manager to the City Council so they can review performance of the investments. In carrying out prescribed responsibilities the City Manager may establish an internal City Investment Committee. The City has established an Investment Oversight Advisory Commission. Bylaws of the Commission are attached. 8.0 AUTHORIZED INVESTMENT INSTRUMENTS (Section 12B.10(5)) 8.1 Permitted Investments Investment instruments authorized for purchase by the City Treasurer/Finance Director shall be limited to: 1. United States Government, Agency and Instrumentality Obligations. 2. Certificates of Deposit (time, demand and/or negotiable) and other evidences of deposit such as time deposits, savings accounts at federally insured depository institutions approved pursuant to Chapter 12C, Code of Iowa. 3. Prime bankers' acceptances that mature within 270 days and that are eligible for purchase by a federal reserve member bank provided that at the time of purchase no more than ten percent of the investment portfolio shall be in investments authorized by this paragraph and that at the time of purchase no more than five percent of the investment portfolio shall be invested in the securities of a single issuer. 4. Repurchase agreements. A master repurchase agreement between the City and bank or dealer must be in place prior to entering into any repurchase transaction. The master repurchase agreement must include the following provisions: a. The underlying collateral shall be limited to United States Government, Agency and Instrumentality Obligations; b. Collateral shall be marked-to-market daily by the custodian and shall be maintained at value equal to or greater than the cash investment; c. At the time of purchase, the market value of the collateral shall represent 102 percent of the cash investment; d. An authorized third party custodian or safekeeping agent shall hold all securities purchased under a repurchase agreement; e. A seller of repurchase securities shall not be entitled or authorized to substitute collateral, except as authorized by the City Treasurer/Finance Director; and f. Retail repurchase agreements and reverse repurchase agreements shall not be authorized for purchase. Management investment company including open ended, exchanged or closed end registered with the Federal Securities and Exchange Commission under the Federal Investment Company Act of 1940, 15 U.S.C. §80(a), and operating in accordance with 17 C.F.R. §270.2a-7, provided such entity limits its investments to those allowed by this policy. Revised 10/22/08 7 of 13 City of Dubuque, Iowa Investment Policy 6. A joint investment trust organized pursuant to Chapter 28E of the Iowa Code prior to and existing in good standing on the effective date of this Act or a joint investment trust organized pursuant to Chapter 28E after Apri128, 1992, provided that the joint investment trust shall either be rated within the two highest classifications by at least one of the standard rating services approved by the Superintendent of Banking by rule adopted pursuant to Chapter 17A and operated in accordance with 17 C.F.R. §270.2a-7, or be registered with the Federal Securities and Exchange Commission under the Federal Investment Company Act of 1940, 15 U.S.C. §80(a) and operated in accordance with 17 C.F.R. §270.2a-7. The manager or investment advisor of the joint investment trust shall be registered with the Federal Securities and Exchange Commission under the Investment Advisor Act of 1940 15 U.S.C., § 80(b), as amended, provided such entity limits its investments to those allowed by this policy. Participation in investment pools is authorized by Section 384.21. The City may participate in investment pools after approved by the City Council as an action item on the City Council agenda. Recommendations from the City Manager for participation in a pool or trust shall include in the background portion of the cover memo a discussion of research fmdings on the reliability and experience of the firm and its top executive officer(s). Participation is limited to pools that invest only in authorized instruments identified above and whose investment strategy is consistent with the City's Investment Policy. 8. Municipal securities approved by Municipal Security Rulemaking Board (MSRB) (up to 10% of market value of portfolio) with at least one agency rating at least AA. Agency issued Collateralized Mortgage Obligations (CMO's), which are securities underwritten and guaranteed by Ginnie Mae, Fannie Mae or Freddie Mac. 8.2 Prohibited Investments Futures and options contracts are not permissible investments. Iowa Code Section 12B.10(5)(h). Whole loan CMO's or privately labeled CMOs, which are typically issued by private entities including subsidiaries of investment banks, fmancial institutions and home builder's or mutual funds that hold whole loan CMO. The trading of securities in which any public funds are invested for the purpose of speculation and the realization of short-term trading profits is prohibited. (Iowa Code Section 12B.10(3)). International bonds are not permissible investments. Corporate bonds are not permissible investments. 9.0 INVESTMENT OPTIONS The City Treasurer/Finance Director is not required to use all the investment options authorized by this Investment Policy. 'The selection of investment options shall be determined by the legal requirements or other limitations on investment opportunities, cash flow characteristics, the acceptability of exposure to market risks, the rate of return, the technical ability of the staff responsible for administering the investment program, and the availability of time and tools for City staff to engage in conservative but active management. 10.0 PROFESSIONAL INVESTMENT ASSISTANCE This investment policy authorizes the use of investment advisors (money managers) and investment consultants to assist the City in the management of its invested funds. Revised 10/22/08 8 of 13 City of Dubuque, Iowa Investment Policy 10.1 Investment Advisor Defined An "Investment Advisor" (money manager) is a person or firm with investment expertise paid a fee to manage funds to enhance the rate of return. The investment advisor shall be selected because of the advisor's investment expertise, experience, strategy and fund management aids. The investment advisor shall determine the actual investments to be made of funds under management according to this Investment Policy. This Investment Policy shall apply in all aspects to the investment activities of the City's investment advisor. 10.2 City -Investment Advisor Relationship The investment advisor's plan shall be explicit, in writing, personally presented to the City at least annually and mutually agreed upon. Any meaningful change to the plan should be communicated in writing to the City in the interim. It shall also be within the competence of the investment advisor; be realistic and reasonable relative to the market; and satisfy the legitimate and informed expectations of the City. Investment advisor compensation shall not be based upon performance. (Section 12B.1 OA(2)(c)) 10.3 Selection of Investment Advisor Prospective investment advisors shall be examined in three major areas: professional investment competence, commitment to City service, and soundness of business strategy. A prospective investment advisor must have a clear concept of how to add value to the City's portfolio. Such a concept can be based upon the advisor's perception of an opportunity in the market that presents opportunities for it to increase the portfolio's rate of return. In addition to a sound concept of how to add value, the advisor must have developed a sensible process for making decisions to execute the concept, and must have a convincing record of achievement of the results intended. The advisor will be reasonably accessible for the convenience of personal meetings and will be a fixed-fee-based provider of services and not aperformance-based-fee provider. Monthly, calendar year-to-date, one year, three year, five year and from inception returns need to be reported by each investment advisor monthly in order to capture a full market cycle. Returns should be reported gross and net of fees. The investment advisors should include the following benchmarks* for comparison in the reporting: • 90 Day T-Bills • Lehman Brothers Aggregate U.S. Bonds • Lehman Brothers Short Term 1-3 year U.S. Bonds • Lehman Brothers Government Intermediate U.S. Bonds *Specific benchmark requirements are subject to change. 10.4 Investment Consultant Defined An "Investment Consultant" is a person or firm with investment expertise used by the City to assist in the development of investment plans and strategies that are consistent with the. Investment Policy, to identify investment advisors whose investment management style and strategy are consistent with the objectives, intent and limitations of the Investment Policy and to monitor the performance of the investment advisors selected by the City. The investment consultant shall not Revised 10/22/08 9 of 13 City of Dubuque, Iowa Investment Policy be an investment advisor (money manager) or custodian and may not benefit in any manner from making investments in behalf of the City. 10.5 Selection of Investment Consultant The Investment Consultant may be an individual or firm. Said consultant will be thoroughly familiar with all investment instruments authorized for use in the City of Dubuque Investment Policy. The consultant will be or will become knowledgeable as to the intent of the City of Dubuque Investment Policy. The consultant will convey this intent to prospective investment advisors to guarantee the suitability of investment instruments to be selected by said advisor(s). The individual consultant or the individual representing the consultant firm will have had at least five years of hands on experience in the selection process and in monitoring of investment advisors or closely related experience, such as, having worked in an advisory capacity for at least five years. The consultant will be reasonably accessible for the convenience of personal meetings and will be a fee based provider of services and may not benefit in any manner from making investments in behalf of the City. The consultant will have an orientation toward the needs and requirements pertaining to the investment of public funds. 11.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS 11.1 Selection Process A set, formal process shall be used to select fmancial advisors, third party custodians, and brokers/dealers in money market instruments. Authorized dealers and Institutions must be approved by the City Investment Committee and City Treasurer/Finance Director. This policy is intended to screen out institutions that lack economic viability or whose past practices suggests that the safety of public capital would be impaired if transactions were directed to or through such firms. As required by Chapter 23A.3, Code of Iowa, it shall be City policy to consider purchasing services from locally owned businesses if the cost and other considerations are relatively equal. The City Treasurer/Finance Director shall maintain a list of investment advisors and fmancial institutions authorized to provide investment advisor and custodian services. In addition, a list shall also be maintained of approved security broker/dealers selected by credit worthiness. These may include "primary" dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (uniform net capital rule). Investment Advisory Firms registered with the SEC under the Investment Advisors Act of 1940. No public deposit shall be made except in a qualified public depository as established by the Treasurer of the state of Iowa. The City may also maintain an account with the federal reserve for custodial services and investment transactions. 11.2 Financial Institutions and Brokers/Dealers All fmancial institutions and broker/dealers who desire to become qualified bidders for investment transactions of the City of Dubuque or its investment advisors shall supply the City Treasurer/Finance Director with the following: annual audited fmancial statements or Uniform Application for Investment Advisor Registration (ADV) report, proof of state registration if applicable, or Federal Depository Bank registration and certification of having read the City of Dubuque's Investment Policy. An annual review of the financial condition and registrations of qualified bidders shall be conducted by the City Treasurer/Finance Director or his/her designee. Each fmancial institution and broker/dealer that bids on City of Dubuque (or City of Dubuque investment advisors) investment transactions shall file a current audited fmancial statement. Revised 10/22/08 10 of 13 City of Dubuque, Iowa Investment Policy 11.3 Financial Advisors and Custodians All fmancial institutions who desire to become qualified to bid on investment custodial services shall execute the City of Dubuque's Investment Custodial Agreement and supply the City Treasurer/Finance Director with the following: audited fmancial statements and certification of having read the City of Dubuque's Investment Policy and Custodial Agreement. Before funds are placed with a fmancial institution acting as custodian of City funds for the City of Dubuque, an executed Custodial Agreement shall be on file with the City Treasurer/Finance Director. All qualified investment advisors shall execute the City of Dubuque's Investment Advisor Agreement and shall supply the City Treasurer/Finance Director with one of the following: audited fmancial statements, Uniform Application for Investment Advisor Registration (ADV), proof of SEC registration or federal depository bank registration. Monthly detailed transaction accounting will be required. 11.4 Independent Auditor's Verification The City's independent auditor verifies account balances for securities/instruments being held by the custodian annually. 12.0 COLLATERALIZATION Collateralization shall be required on two types of investments: Certificates of Deposit, and other evidence of deposit at City Council approved insured depository institutions; and repurchase agreements. In order to anticipate market changes and provide a level of security for all funds, the collateralization level shall be that as is required by Iowa law for Certificates of Deposit and other evidence of deposit and 102 percent of market value of principal and accrued interest for repurchase agreements. The City chooses to limit collateral to those investment instruments authorized by this Investment Policy. Collateral shall always be held by an independent third party bailee who holds the collateral for the benefit of the City and where the City is a party to the bailee agreement. A clearly marked evidence of ownership (safekeeping receipt) shall be supplied to the City and retained by the City Treasurer/Finance Director. Collateral substitution is not authorized, except as approved in writing by the City Treasurer/Finance Director. 13.0 MAXIMUM MATURITIES The City of Dubuque will attempt to match its investments with anticipated cash flow requirements. 13.1 Operating Funds -Available for Short-Term Investment Operating funds represent fund balances, current revenues and other moneys anticipated to be expended during a current fiscal year or within 15 months of receipt. Operating funds may only be invested in instruments that mature within 397 days or less. Operating funds must be identified and distinguished from all other funds available for investment. (Section 12B.10A(1) 13.2 Reserve and Construction Funds -Available for Long-Term Investment Reserve and construction funds available for long-term investment represent debt service and self- insurance and operating reserve funds; funds being accumulated for capital improvements on a pay-as-you-go basis; and construction funds for future projects. These funds may be invested in investments having maturities longer than 397 days. (Section 12B.10A(3) The maturities for long-term investments shall coincide as nearly as practicable with expected use of the funds. For Revised 10/22/08 I 1 of 13 City of Dubuque, Iowa Investment Policy securities with maturity longer than one year, duration will be used as the primary measure of maturity rather than final maturity of the financial instrument. The City Treasurer/Finance Director will provide written notice of anticipated withdrawals. 14.0 SAFEKEEPING AND CUSTODY 14.1 Delivery Versus Payment All security transactions, including collateral for repurchase agreements, entered into by the City of Dubuque shall be conducted on adelivery-versus-payment (DVP) basis. Securities will be held by a third party custodian designated by the Treasurer and evidenced by safekeeping receipts. 14.2 Investment Securities Investment securities shall be held by the City Treasurer/Finance Director or by a custodian who: (a) is not also the Investment Manager for the funds; (b) is designated in writing by the City Treasurer/Finance Director; and (c) will issue safekeeping receipts to the City Treasurer/Finance Director for securities held for the City. 14.3 Bonding City investment officials shall be bonded to protect the public against possible embezzlement and/or malfeasance. 15.0 DIVERSIFICATION The City shall diversify its investments by security type, maturity, specific issue and financial institution. With the exception of U.S. Government Treasury Securities, federal agencies and instrumentality's, and deposits in approved depositories, no more than twenty-five (25) percent of the City's remaining investment portfolio shall be invested in a single authorized pool. 16.0 INTERNAL CONTROLS The City Treasurer/Finance Director shall be responsible for establishing a system of internal controls that will provide reasonable assurance that the City investments comply with the objectives of the Investment Policy. The system shall include but not be limited to the following: 1. All investment transactions shall be reported to the Assistant Finance Director and the results recorded in the general ledger. 2. Verification of the securities held by the Assistant Finance Director shall be conducted internally, at least semiannually. Review of compliance with the internal policy and related procedures shall be part of the annual audit process conducted by the City's independent auditors. This shall include a confirmation letter from each financial institution, money manager and third party custodian verifying the principal amount and the market value of all obligations secured by the City of Dubuque's deposits and investments. Managers should disclose pricing service used for MBS. 17.0 REPORTING The City Treasurer/Finance Director is charged with the responsibility of including a market report on investment activities and returns in the City's comprehensive annual fiscal report. In addition, the City Manager shall be responsible for providing quarterly and fiscal year-to-date reports to the City Council, Revised 10/22/08 12 of 13 City of Dubuque, Iowa Investment Policy covering the City's investment activities. The reports shall include the earnings for the period and overall portfolio statistics, such as types of investment holdings and location of all invested funds. 18.0 ETHICS AND CONFLICT OF INTEREST City officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution of the investment program, or which could impair the ability to make impartial investment decisions. Such officers and employees shall disclose to the City Council any material financial interests in fmancial institutions that conduct business with the City and they shall further disclose any large personal financial/investment positions that could be related to the City's portfolio. City officers and employees shall subordinate their personal investment transactions to those of the City particularly with regard to the time of purchases and sales. The appearance of a conflict of interest shall also be avoided by those investing City funds Revised 10/22/08 13 of 13 GENERAL RULES OF PROCEDURE INVESTMENT OVERSIGHT ADVISORY COMMISSION CITY OF DUBUQUE, IOWA ARTICLE I MEETINGS 1. Regular meetings of the Investment Oversight Advisory Commission shall be held at 3:00 p.m., on the fourth Wednesday of January, April, July, and October, or as rescheduled by the Commission to be in compliance with open meeting rules. 2. Special meetings may be called by the Chairperson or upon request of two members of the Commission. 3. A quorum of the Commission shall consist of three members. ARTICLE II OFFICERS AND DUTIES 1. The Chairperson will be popularly elected each year during the first commission meeting after July 1. 2. The Chairperson shall preside at all meetings and hearings of the Commission. In the event of the absence or disability of the Chairperson, the Chairperson shall appoint a Chairperson Pro Tem to preside. 3. The Chairperson, subject to these rules, shall decide all points of procedure unless otherwise directed by a majority of the Commission in session at the time. 4. The Chairperson shall, subject to these rules, and further instructions from the Commission and transact the official business of the Commission. 5. City staff shall provide the necessary clerical support upon request from the commission. ARTICLE III AMENDMENTS 1. These rules may be amended or modified by an affirmative vote of not less than three (3) members of the Commission, provided that such amendment be presented in writing at a regular meeting. ARTICLE IV ORDER OF BUSINESS AT THE REGULAR MEETING 1. The order of business at regular meetings of the Commission shall be as follows: a. Call to order. b. Certification of compliance with Iowa Open Meetings Law. c. Review minutes of prior meeting. d. Review of quarterly performance reports and investment summaries. e. Communications from the public, commission and staff. f. Discuss additional information needs with staff. g. Adjourn. 2. The Commission may, with cause, modify the order of business items. Passed, approved and adopted the 27th day of April, 2005. ~auCLassance Paul Lassance, Chairperson Investment Oversight Advisory Commission