[HISTORY: Adopted by the Town Board of the Town of Avon 9-8-2005
by L.L. No. 3-2005. Amendments noted where applicable.]
The objectives of this chapter are:
This investment policy shall apply to all moneys and other financial
resources available for investment on its own behalf or on behalf of any other
entity or individual.
The Town Board responsibility for administration of the investment program
is delegated to the Supervisor, who shall establish written procedures for
the operation of the investment program consistent with these investment guidelines.
Such procedures shall include an adequate internal control structure to provide
a satisfactory level of accountability based on a database or records incorporating
description and amounts of investments, transaction dates and other relevant
information and regulate the activities of subordinate employees.
A.
All participants in the investment process shall seek
to act responsibly as custodians of the public trust and shall avoid any transaction
that might impair public confidence in the Town to govern effectively.
B.
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 safety of the principal as well as the probable
income to be derived.
C.
All participants involved in the investment process shall
refrain from personal business activity that could conflict with proper execution
of the investment program, or which could impair their ability to make impartial
investment decisions.
It is the policy of the Town to diversify its deposits and investments
by financial institution, by investment instrument and by maturity scheduling.
A.
It is the policy of the Town for all moneys collected
by any officer or employee of the government to transfer those funds to the
Supervisor within seven days of deposit, or within the time period specified
in law, whichever is shorter.
B.
The Supervisor is responsible for establishing and maintaining
an internal control structure to provide reasonable, but not absolute, assurance
that deposits and investments are safeguarded against loss from unauthorized
use or disposition, that transactions are executed in accordance with management's
authorization and recorded properly, and are managed in compliance with applicable
laws and regulations.
The following banks and trust companies are authorized for deposit of
moneys as follows:
In accordance with General Municipal Law § 10, all deposits
of the Town, including certificates of deposit and special time deposits,
in excess of the amount insured under the provisions of the Federal Deposit
Insurance Act shall be secured:
B.
By an eligible irrevocable letter of credit issued by
a qualified bank other than the bank with the deposits in favor of the government
for a term not to exceed 90 days with an aggregate value equal to 140% of
the aggregate amount of deposits and the agreed-upon interest, if any. A qualified
bank is one whose commercial paper and other unsecured short-term debt obligations
are rated in one of the three highest rating categories by at least one nationally
recognized statistical rating organization or by a bank that is in one of
the three highest rating categories by at least one nationally recognized
statistical rating organization or by a bank that is in compliance with applicable
federal minimum risk-based capital requirements.
C.
By an eligible surety bond payable to the government
for an amount at least equal to 100% of the aggregate amount of deposits and
the agreed-upon interest, if any, executed by an insurance company authorized
to do business in New York State, whose claims-paying ability is rated the
highest rating category by at least two nationally recognized statistical
rating organizations.
A.
Eligible securities used for collateralizing deposits
shall be held by the depository or third-party bank or trust company subject
to security and custodial agreements.
B.
The security agreement shall provide that eligible securities
are being pledged to secure local government deposits together with agreed-upon
interest, if any, and any costs or expenses arising out of the collection
of such deposits upon default. It shall also provide the conditions under
which the securities may be sold, presented for payment, substituted or released
and the events which will enable the local government to exercise its rights
against the pledged securities. In the event that the securities are not registered
or inscribed in the name of the local government, such securities shall be
delivered in a form suitable for transfer or with an assignment in blank to
the Town or its custodial bank.
C.
The custodial agreement shall provide that securities
held by the bank or trust company, or agent of and custodian for the local
government, will be kept separate and apart from the general assets of the
custodial bank or trust company and will not, in any circumstances, be commingled
with or become part of the backing for any other deposit or other liabilities.
The agreement shall provide for the frequency of revaluation of eligible securities
and for the substitution of the securities when a change in the rating of
a security may cause ineligibility. Such agreement shall include all provisions
necessary to provide the local government a perfected interest in the securities.
A.
As authorized by General Municipal Law § 11,
the Town authorizes the Supervisor to invest moneys not required for immediate
expenditure for terms not to exceed its projected cash flow needs in the following
types of investments:
(1)
Time deposit accounts.
(2)
Certificates of deposit.
(3)
Obligations of the United States of America.
(4)
Obligations guaranteed by agencies of the United States
of America where the payment of principal and interest are guaranteed by the
United States of America.
(5)
Obligations of the State of New York.
B.
All investment obligations shall be payable or redeemable
at the option of the Town within such times as the proceeds will be needed
to meet expenditures for purposes for which the moneys were provided and,
in the case of obligations purchased with the proceeds of bonds or notes,
shall be payable or redeemable at the option of the Town within two years
of the date of purchase.
The Town shall maintain a list of financial institutions and dealers
approved for investment purposes and establish appropriate limits to the amount
of investments which can be made with each financial institution or dealer.
All financial institutions with which the local government conducts business
must be creditworthy. Banks shall provide their most recent consolidated report
of condition at the request of the Town. Security dealers not affiliated with
a bank shall be required to be classified as reporting dealers affiliated
with the New York Federal Reserve Bank, as primary dealers. The Supervisor
is responsible for evaluating the financial position and maintaining a listing
of proposed depositories, trading partners and custodians. Such listing shall
be evaluated at least annually.
A.
The Supervisor is authorized to contract for the purchase
of investments:
(1)
Directly, including through a repurchase agreement, from
an authorized trading partner.
(2)
By participation in a cooperative investment program
with another authorized governmental entity pursuant to Article 5-G of the
General Municipal Law where such program meets all the requirements set forth
in the Office of the State Comptroller Opinion No. 88-46, and the specific
program has been authorized by the governing board.
(3)
By utilizing an ongoing investment program with an authorized
tracking partner pursuant to a contract authorized by the governing board.
B.
All purchased obligations, unless registered or inscribed
in the name of the local government, shall be purchased through, delivered
to and held in the custody of a bank or trust company. Such obligations shall
be purchased, sold or presented for redemption or payment by such bank or
trust company only in accordance with prior written authorization from the
officer authorized to make the investment. All such transactions shall be
confirmed, in writing, to the Town by the bank or trust company. Any obligation
held in the custody of a bank or trust company shall be held pursuant to written
custodial agreement as described in General Municipal Law § 10.
C.
The custodial agreement shall provide that securities
held by the bank or trust company, as agent of and custodian for the local
government, will be kept separate and apart from the general assets of the
custodial bank or trust company and will not, in any circumstances, be commingled
with or become part of the backing for any other deposit or other liabilities.
The agreement shall describe how the custodian shall confirm receipt and release
of the securities. Such agreement shall include all provisions necessary to
provide the local government a perfected interest in the securities.
