THE PUBLICATION OF THE PENNSYLVANIA ASSOCIATION OF COMMUNITY BANKERS
Pennsylvania’s Community Banks. For people and their neighborhoods.
October 2012
State Senator
Mike Stack Fighting For Pennsylvania Legislation
STATE BANKING MODERNIZATION Page 12
That’s My Bank BATTLING BREAST CANCER Page 34
Going Local FARM AID 2012 Page 40
UPCOMING Education events
Plan your training for this year with our variety of educational seminars and conferences. Registration is easy and just a click away at pacb.org.
October • 2012
Marketing Conference October 17-18, 2012 Hilton Garden Inn - Hershey, PA
November • 2012
Directors College November 1, 2012 Doubletree Monroeville - Monroeville, PA
January • 2013 (CONT)
CCBSP Q1 Session January 16, 2013 PACB Headquarters - Harrisburg, PA
February • 2013
Commercial Lending School February 19-20, 2013 Crowne Plaza Harrisburg - Harrisburg, PA
Directors Training November 7, 2012 Radisson Hotel Valley Forge - King of Prussia, PA
Credit Administration Seminar February 26, 2013 PACB Headquarters - Harrisburg, PA
Directors Training November 13, 2012 Hershey Lodge - Hershey, PA
April • 2013
Directors Training November 14, 2012 Scotch Valley CC - Hollidaysburg, PA
January • 2013
CCBSP Q1 Session January 15, 2013 DoubleTree Monroeville - Monroeville, PA 2 | Transactions | www.pacb.org
Security Seminar April 9, 2013 PACB Headquarters - Harrisburg, PA
July • 2013
CCBSP Q3 Webinar July 15, 2013
September • 2013
ALM Seminar September 10, 2013 PACB Headquarters - Harrisburg, PA 136th Annual Convention September 20-24, 2013 Boston Marriott Copley Place - Boston, MA
October • 2013
CCBSP Q4 Session October 22, 2013 DoubleTree Monroeville - Monroeville, PA
CCBSP Q2 Webinar April 15, 2013
CCBSP Q4 Session October 23, 2013 PACB Headquarters - Harrisburg, PA
June • 2013
November • 2013
Directors Conference June 4-5, 2013 Hershey Lodge - Hershey, PA
ALM Seminar November 5, 2013 Pittsburgh, PA
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IN 2013, YOUR STAFF CAN BECOME CERTIFIED COMMUNITY BANK SECURITY PROFESSIONALS.
www.pacb.org | Transactions | 3
Contents October 2012
FEATURE STories 24 Defender of the State Senator Mike Stack discusses the changes to his district, his continued service in the Pennsylvania National Guard, the upcoming Presidential Election, and more in this exclusive interview. 34 Team Up. Think Pink. It’s National Breast Cancer Awareness Month. A look at how the PA Breast Cancer Coalition worked with First National Bank of Fredericksburg for the cause.
Articles 10 The Pregnancy Discrimination Act: The Forgotten Right of Female Employees 12 A Guide to the State Banking Modernization Bills 16 The Employee Assistance Program: Now More Than Ever 20 Tagged Out? (or Why We Need TAG To Be Safe.) 32 Using Merchant Services As A Strategic Weapon Universal Commerce Creating New Keystone Advantage 38 Make Sure Your Income-Generating Strategies Are Compliant and Consumer Friendly 40 Farm Aid Comes to Hershey 42 Five Minutes With Congressman Tim Murphy
Advertisers 11 14 18 19 19 23 31 43 46
Shumaker Williams P.C. Signature Information Solutions Mazzitti & Sullivan EAP Stradley Ronon ICBA Reinsurance Pulse Rhoads & Sinon LLP ParenteBeard Bybel Rutledge LLP 4 | Transactions | www.pacb.org
ON THE COVER
Senator Mike Stack meets with PACB President/CEO Nick DiFrancesco and Polonia Bank Chairman/President/CEO Anthony J. Szuszczewicz on the streets of Philadelphia to discuss his service to our Commonwealth - both in the National Guard and the State Senate www.pacb.org | Transactions | 5
THAT’S MY BANK!
6 | Transactions | www.pacb.org
THE PUBLICATION OF THE PENNSYLVANIA ASSOCIATION OF COMMUNITY BANKERS
Pennsylvania’s Community Banks. For people and their neighborhoods.
Transactions Magazine is published monthly by Pennsylvania Association of Community Bankers 2405 North Front Street, P.O. Box 5319 Harrisburg, PA 17110-5319 BUSINESS HOURS: 8:30 a.m. - 5:00 p.m. M-F Telephone: 717.231.7447 Fax: 717.231.7445 www.pacb.org
PACB STAFF: Dominic D. DiFrancesco, nick@pacb.org - President/CEO Tim G. Arthun, tim@pacb.org - Director of Government Relations Natalie S. Bombatch, natalie@pacb.org - Publications Manager Saundra J. Cunningham, saundra@pacb.org - VP–Education Services Eric A. Kovac, eric@pacb.org - Publications Manager Patricia Kuharic, patty@pacb.org - Administrative Assistant Shirley A. Regan, sar@pacb.org - Comptroller/Office Manager
2012-2013 PACB LEADERSHIP EXECUTIVE COMMITTEE Chairperson - Ronald B. Geib President/CEO, Harleysville Savings Bank Chairperson Elect - Dennis D. Cirucci President/CEO, Alliance Bank Vice Chairperson - Andrew W. Hasley President/CEO, Allegheny Valley Bank Secretary/Treasurer - Terry L. Foster EVP/CEO, MCS Bank President/CEO - Dominic D. DiFrancesco Pennsylvania Association of Community Bankers Immediate Past Chairperson - Chuck Leyh President/CEO, Enterprise Bank General Counsel - Keith A. Clark, Esq. President, Shumaker Williams, P.C.
STANDING COMMITTEES: CHAIRS & VICE CHAIRS EDUCATION Gary Bradley, Cresson Community Bank Wendy Nagle, C&G Savings Bank FINANCE & BUDGET Troy M. Campbell, Altoona First Savings Bank Roger A. Zacharia, Ambler Savings Bank FIRSTPAC George M. Evans, Indiana First Bank LEGISLATIVE Rory Ritrievi, Mid Penn Bank Todd R. Hurley, First Savings Bank of Perkasie MARKETING Pat Evans, Northwest Savings Bank Linda DeAngelis, C&G Savings Bank MEMBERSHIP Kevin J. Gallagher, Huntingdon Valley Bank Barron P. McCune, Community Bank STRATEGIC PLANNING Tim Zimmerman, Standard Bank, PaSB Terry Sager, William Penn Bank
PACB CHAIRMAN RON GEIB
A WORD FROM PACB’S CHAIRMAN Last month, I read an article in American Banker about the concerns of mid-size banks with assets of $7 billion to $30 billion. To quote the article, “Banks in that range are in an awkward spot in lobbying matters: too big to be viewed as community banks but too small to have much in common with the biggest.” My point is, if the separation is significant enough for banks in this middle range, then certainly a large onesize-fits-all organizational approach is not the answer for community banks. Community banks are a unique niche in the business world and we have special needs. We, as community bankers, should consider ourselves fortunate to have national and state associations who support us. The ICBA and PACB are dedicated to promoting the ideals of community banking by addressing educational, legislative, and networking needs. The resources that are provided to us through these associations can’t be matched. Listed below are the top five reasons that our members contact PACB: 1. To obtain information about and to register for education programs 2. To find out more about and register for PACB’s Annual Convention 3. To attain information about vendors that provide a certain banking service or product 4. To ask questions about pending legislation or who to call for legal advice 5. To gather contact information for other community bankers Were you aware that PACB can help you with all of these needs, and more? If you’re not taking advantage
of these valuable opportunities, then you certainly need to be. Each year, PACB works hard to provide members with education programs to fit your schedule. Fourteen seminars and conferences, and one certification program were scheduled throughout 2012 at various locations across the state. Additionally, for a convenient and cost-effective way to train your staff, PACB gives members the opportunity to view webinars right in their very own offices. PACB offered more than 115 webinars in 2012. Your bank can purchase a single telephone hook-up and invite as many staff members as you’d like to participate in the program. I also encourage you to join us next year at the 136th Annual Convention in Boston from September 20-23. With nearly 40 exhibitors and nearly 30 hours of education PACB’s Annual Conventions offer probably the best value of all. In addition to the quantifiable value of training hours, you and your staff will have the opportunity to network with hundreds of other community bankers from across the Commonwealth. Finally, please do not overlook PACB’s role with legislation concerning the community banking industry in both Harrisburg and Washington, D.C. They are here to advocate for legislation supporting community banks ONLY, not all banks, because as I said earlier, the one-size-fits-all approach just doesn’t work. I wish to remind you of the value that PACB brings to its members each year. Please consider all of the benefits of membership when planning your budget for the coming year. You can’t afford not to be a part of this valuable association.
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FROM THE PRESIDENT/CEO’S DESK We Are…If you bleed Blue and White, as I do, you know the response to this simple cheer. Penn State! As alums we define ourselves with the pride we have for our school. Penn State is not some institution I attended, dare I say it, 26 years ago. It is a part of who I am today. The events of the last year touch me in a very emotional way. I treat Penn State in good times and bad the way I would treat a family situation. I am committed to the institution.
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This level of commitment is not unique to PSU. Most college graduates that I know feel the same emotional tie to their alma mater. I’m guessing that the same would be true of members of the Masons, American Legion or Knights of Columbus. How we perceive the organizations to which we belong goes a long way toward defining the level of commitment we have for the organization. At this year’s convention in Vail I referred to the many meetings from the past year where Chuck Leyh and I sat with community bank members of PACB and tried to identify the unique ways this association could help each member achieve higher levels of success. Far too often it seemed like our members viewed us as trying to sell a product rather than attempting to support an industry. As Penn State is a part of me, we are a part of each and every member community bank. In the coming year PACB will continue to visit with our membership. These meetings are important, because in order for us to support our membership, we need to understand the unique challenges of each member. Pennsylvania is an amazingly diverse state. These visits allow me and the entire PACB staff to understand that the struggles in Erie are very different than the challenges in Philadelphia. Likewise, the Marcellus industry in Towanda is very different from the Marcellus industry in Washington, PA. Our commitment is to stay in touch with every member institution, because the lessons we learn guide our advocacy, education, and services strategies. We are here to serve! I used an illustration in Vail that I will share once again. To get the most value from your membership, think of PACB as a subsidiary of your bank. When you need to know about a legislative matter, call the head of your government relations department, Tim Arthun. When you need to fill a training need, call the head of your education and training department, Saundra Cunningham. If you have a marketing question or need guidance on handling a press related
8 | Transactions | www.pacb.org
PRESIDENT/CEO NICK DIFRANCESCO matter, call the head of your marketing department, Natalie Bombatch. If you have a question and don’t know who to call, call me. You get the point. PACB is not a third party vendor attempting to sell you the latest and greatest shiny object. We exist as the means to unite Pennsylvania’s community banking industry. We work for you, and our mission is guided by you. As we begin our annual visits, I urge you to take a new look at how you view your membership in PACB. At a time when other financial institutions are struggling to find a voice to represent them, community banks are already in high gear with a team that includes the ICBA and PACB. Our combined successes can be documented and the impact to every community bank proven. When all the facts are reviewed and the successes acknowledged, I suspect you may have a much more detailed answer when we ask the question, “How can we help you?” You have a proven partner in PACB. The current political and business environment is far too challenging to leave unused capital on the table. We are here to assist you; all you have to do is tell how we can help.
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DIRECTORS COLLEGE NOVEMBER 1, 2012 Stay up-to-date on the continuously changing regulatory and economic environment so you can avoid the consequences of noncompliance.
WHAT IS THE DIRECTORS COLLEGE? The Directors College is an interactive one-day seminar to provide ongoing education to bank directors on current topics and various elements of bank supervision. It is designed to help directors, both new and experienced, stay abreast of the ever-changing regulatory and economic environment. Now more than ever, directors are under constant pressure to remain current in their knowledge of the banking industry and the segment their institution serves. There must also be a basic understanding of what issues are currently impacting their institution’s financial performance and competitive environment. This program is offered in partnership with the Federal Deposit Insurance Corporation (FDIC) and includes a general session on current topics affecting community banks, a luncheon presentation on economic and banking conditions, and a choice of three interactive breakout sessions. There are six breakout session topics offered and each attendee can tailor this seminar to their own individual needs by registering in advance for those topics of most interest.
BREAKOUT SESSION OPTIONS 1. MANAGING INTEREST RATE RISK IN TODAY’S ENVIRONMENT This session will discuss the importance of interest rate risk (IRR) management strategies and practices in today’s challenging interest rate environment. The session will touch on an overview of IRR management techniques and Board responsibilities. Directors will have an opportunity to participate in a group case study on evaluating IRR strategies and approaches. This session will conclude with a need-to-know overview of recent regulatory guidance on IRR.
4. NEW DIRECTOR GUIDANCE This session will focus on fundamental board governance issues and is designed for Directors with less than five years experience. In addition to discussing participant questions, the session will cover Directors’ roles and responsibilities, insider rules, and effective ways to monitor bank performance.
5. COMPLIANCE MANAGEMENT SYSTEM: ENSURE YOUR BANK MEETS REGULATORY STANDARDS This session will provide an excellent understanding of what the consumer 2. INFORMATION TECHNOLOGY This session will provide an overview of the information technology examination protection examiners look at to arrive at your Compliance Management System (CMS) rating. Directors will be provided with an overview, expectations, and process as well as common examination findings. Directors’ best practices regarding the CMS elements: Board and Management roles and responsibilities in information technology Oversight; Compliance Program (including policies and oversight will be discussed. The session will procedures; monitoring; training; and complaint resolution); also provide insight to emerging technology and Compliance Audit. Real world examples will be used trends such as mobile banking, vendor to apply the CMS standards. hosted board packets, and personal tablets (e.g., iPads). 6. HOW DO EXAMINERS ASSIGN LOAN 3. COMMUNITY BANKING This session will provide an opportunity for participants to hear about the FDIC’s perspective on community banking and to dialogue on broad-based themes. Learn what initiatives are planned for 2012 and how the financial crisis has impacted community banks. Recent exam trends and current issues facing community banks will be discussed.
CREDITS: Attendees are eligible to earn up to 5 CPE credits and 4 CLE credits. QUESTIONS: Contact Saundra J. Cunningham, VP-Education Services, at 717.231.7447 or saundra@pacb.org.
CLASSIFICATIONS AND RATE ASSET QUALITY? Do you know how examiners assign classifications and rate your loan portfolio? This session will focus on the regulatory perspective on loan classifications and the elements of lending that contribute to rating the Asset Quality component of the CAMELS rating system. Participants will have an opportunity to interact through case studies, reviewing pertinent aspects of loan examples and assigning appropriate classifications based upon the Six “P’s” of Credit.
REGISTER ONLINE BY OCTOBER 12, 2012 AT PACB.ORG/EDUCATION www.pacb.org | Transactions | 9
THE PREGNANCY DISCRIMINATION ACT: THE FORGOTTEN RIGHT OF FEMALE EMPLOYEES
By: Marc G. Tarlow Shumaker Williams, P.C. 10 | Transactions | www.pacb.org
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ecently, a prominent tech company hired a CEO who at the time of hire was pregnant. With a view to how the workplace has continued to change, it seemed a good time to review a right of pregnant employees that we often find is a surprise to employers and their human resource professions.
Most employers understand well that pregnant employees have certain rights under the Family Medical Leave Act (“FMLA”). They also understand that this will not protect all employees. This includes the common circumstance such as where the employer has fewer than fifty employees. Employees working for employers who are governed by the FMLA may still not qualify for benefits when pregnant: they may have insufficient hours worked during the relevant period such as in the case of new employees, or they may have already expended FMLA. However, pregnant employees are not without additional rights, which with the passage of the FMLA is an often forgotten fact. During the 1970’s the United States Supreme Court held that women who had delivered children need not be treated as dis-
FMLA IS NOT THE FULL EXTENT OF THE RIGHTS PROVIDED BY LAW SUPPORTING JOB RETENTION AND PAID LEAVE.
caused by the pregnancy (for example high blood pressure, diabetes, etc.) then the ADA may apply. If the ADA applies, leave is generally considered a reasonable accommodation. There is also the question as to whether male employees have been afforded the right to unpaid leave. In short, when dealing with pregnant employees, keep in mind that the FMLA is not the full extent of the rights provided by law supporting job retention and paid leave. Mr. Tarlow counsels clients in both union and nonunion environments on employment related matters as well as negotiating collective bargaining agreements. Mr. Tarlow’s counseling includes discrimination issues, FMLA and FLSA, as well as the interplay between these issues. He has appeared before state and local commissions, as well as federal court and has served as lead counsel in many complex labor arbitrations concerning contract interpretation and employee discipline. Mr. Tarlow has litigated common law employment issues such as non-competition/trade secret issues, wrongful discharge, interference with contractual relations, drug testing, privacy, employee handbooks and employment contracts.
abled under either equal protections principles or under the Equal Employment Opportunity Act. In other words declining to treat women as disabled after delivery of a child or from other effects of pregnancy was deemed to not be discriminatory. In response Congress passed the Pregnancy Discrimination Act (“PDA”). Essentially it provides that to the degree a female employ is disabled as a result of pregnancy, they must be afforded the same rights as men. In practice this means that for pregnant employees who are not covered by FMLA, they are covered by Title VII and the PDA. While they are unable to work because of disability caused by pregnancy they must be afforded the same rights that men who are disabled receive. Typically, physicians will determine that a female employee is disabled for a period of six to eight weeks after delivery. If the employer provides for paid or unpaid sick leave for men who are absent (say for example six weeks), then a pregnant employee must be afforded the same rights. Keep in mind there are two separate issues: whether the employee is afforded leave and whether the leave is paid. Even if the employer’s sick leave policies do not provide for that length of paid sick leave, or even if the employee has expended available paid leave, that does not mean that the employee may be summarily terminated. Instead, the question arises whether the employer is required to offer a leave without pay. For example, pregnancy does not in and of itself constitute a disability under the American With Disabilities Act (“ADA”), but if the employee has a condition
Shumaker Williams
is a premier, client-focused law firm assisting individuals and businesses throughout Pennsylvania, Maryland and New Jersey with a wide range of services, including: • Financial Services, Banking and Mortgage Regulation • Securities and Capital Enhancement • Corporate and Business Services • Employee Benefits and Labor Law • Residential and Commercial Real Estate Settlements • Real Estate, Land Development and Financing • General Business Law and Business Formation • Trademark Registration and Protection • Litigation, Arbitration and Mediation • Estate Planning, Taxation and Asset Preservation • International Law and Contracts • Immigration • Liquor Licenses and Hospitality Services Law
HARRISBURG, PA 3425 Simpson Ferry Rd. Camp Hill, PA 17011 (717) 763-1121
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TOWSON, MD 901 Dulaney Valley Road, Suite 610 Towson, MD 21204 (410) 825-5223
For more information about our confidential advice and services, visit:
www.shumakerwilliams.com www.pacb.org | Transactions | 11
A GUIDE TO THE STATE BANKING MODERNIZATION BILLS By: Tim Arthun 12 | Transactions | www.pacb.org
T
he Banking Code for the Commonwealth of Pennsylvania has, by and large, remained the same since its inception in the 1960s. As with any major body of legislation, it has been amended through the years to address issues that have come up such as the “Thrift Crisis.” That is all changing with the Banking Modernization Package that has been making its way through the Capitol in Harrisburg. The four bill package has been championed by the Department of Banking as a way to streamline and update the code and provide the Department some teeth with regard to enforcement. The legislation does not adversely impact banks by adding red tape and regulatory burdens but intends to make it easier for banks to operate within the Commonwealth. PACB met with the Department of Banking and State Legislators during this process to ensure that the language of the bills did not adversely impact community banks. The conversations and concerns expressed by PACB were well received and are reflected in the final content of the bills.
• Removes the requirement for an institution to have a corporate seal. • Simplifies the process for a credit union to convert to a mutual savings institution. Recently, a Senate amendment was offered that reinserts language that would prohibit the Auditor General from holding a position as director or trustee of a financial institution, unless he/she held the position prior to being elected. HB 2369 – DEPARTMENT OF BANKING CODE UPDATE The bill implements the federal Consumer Financial Protection Act of 2010 (Dodd-Frank). The Department is to be given notice and consulted prior to an agency of the Commonwealth or a political subdivision engaging in a civil investigation, administrative enforcement action, examination, or any other administrative proceeding to enforce a statute of this Commonwealth, a regulation or order of a Commonwealth agency, an ordinance or resolution of a political subdivision, or a federal law or regulation.
The legislation...intends to make it easier for banks to
OPERATE WITHIN THE COMMONWEALTH HB 2368 – BANKING CODE OF 1965 UPDATE The bill simplifies and modernizes all of the commercial, mortgage and consumer lending provisions of the Code, removing duplicative and archaic lending provisions, and reflecting and clarifying the current, deregulated commercial, mortgage, and consumer lending interest rates and fees. • Inserts mandatory Dodd-Frank “lending limit” language that requires state financial regulators to consider credit exposure to derivative transactions, providing greater parity to language covering federally chartered banks. • Amends the process for closure of branch locations; rather than requiring Department approval, banks can submit a notice to the Department. • Increases the fixed asset bank premises investment authority “prior approval threshold” from 25% to 100% of capital, surplus and undivided profits. • Penalties for unlawful lending and trust activities are increased from a misdemeanor, with fines set at $1,000 to $5,000, to a felony, with fines ranging from $10,000 to $500,000. • The cap of two individuals, who can be beneficiaries of deposit accounts, is removed, allowing consumers to have all their children as beneficiaries on deposit accounts. • The bill eliminates all references to “National Banks” to be consistent with federal preemption requirements.
Federal regulatory agencies already practice using enforcement action notifications. The legislation would allow the Department of Banking to operate in a similar fashion for state chartered institutions, again providing for parity with federal legislation and regulation. The Department will determine if such actions will affect the safety and soundness of the financial institutions or their subsidiaries, or interfere with the regulation of such entities by the Department or federal regulatory agencies. The Department shall have sole and exclusive jurisdiction to initiate or participate in administrative proceedings, or to request that the Attorney General initiate or participate in judicial proceedings, to enforce such laws, or to determine that such proceedings are not in the public interest. The bill will not limit or constrain the power of the Attorney General or municipal law enforcement agencies to pursue criminal proceedings. HB 2370 – LOAN INTEREST AND PROTECTION ACT The bill removes redundant disclosures in the Loan Interest and Protection Law relating to variable rate mortgage loans. Section 401 of the Act makes the federal Truth in Lending Act disclosures apply to all mortgages, thus preempting Section 301 and making the language duplicative and unnecessary. www.pacb.org | Transactions | 13
The bill also further clarifies the maximum interest rates by adding savings banks to the list of institutions subject to these provisions and establishing that the maximum interest rate is authorized by Federal or State Law. HB 2536 – ELIMINATE SAVINGS ASSOCIATION CODE HB 2536 repeals the entire savings association statute and requires the four existing savings associations to convert to savings banks. The four entities will be able to retain mutual status, if desired, and can continue to be subject to the Mutual Thrift Institutions Tax. The Department of Banking and Securities will make the conversion simple, and waive the customary fee. An existing savings association shall be required to do one of the following within six months of the enactment of the legislation: 1. File an application with the Department to convert to a state-chartered savings bank; 2. File a notice with the Department that the association has filed an application to convert to a federal savings association; or 3. File a merger application with the Department or the Office of the Comptroller of the Currency whereby the association will be merged with an existing institution regulated by the Department or the Office of the Comptroller of the Currency.
The legislation will simplify and make more efficient bank examinations for the Department. LEGISLATIVE HISTORY (MOST RECENT ACTION AS OF OCTOBER 2ND) Three of the bills (HB 2368, 2369, 2370) were unanimously passed by the House in June with the fourth (HB 2536) being held back until the abbreviated fall session. The three bills were reported from the Senate Banking and Insurance Committee on October 2nd and will now be considered by the entire upper chamber. The fourth bill is still waiting passage by the House. If you have specific questions about what provisions may or may not be contained in the banking modernization package, or if you would like to receive copies of the bills, please feel free to contact PACB and we will be happy to provide that information. If you want to know more about the comings and goings in the PA Legislature or Congress, please feel free to call or e-mail me at 717-231-7447 or tim@pacb.org.
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DIRECTORS TRAINING Sponsored by:
DIRECTORS TRAINING AGENDA 3:00 - 4:00 PM | THE GAME IS ABOUT TO CHANGE - WHAT A COMMUNITY BANK DIRECTOR NEEDS TO KNOW ABOUT THE NEW CAPITAL RULES This session will provide an overview of the capital rules recently proposed by the federal banking regulators as they are likely to apply to community banking organizations. The session will focus on those aspects of the rules that a community bank director needs to know in order to ensure their institution is prepared for the transition to the new framework. Additionally, because the new rules will almost certainly require community banking organizations to hold more capital, this session will also discuss the primary sources of capital available to such organizations and the means by which a community bank can raise such capital in light of the recently enacted JOBS Act.
November 7, 2012 Radisson Hotel Valley Forge 1160 First Avenue | King of Prussia, PA 19406 November 13, 2012 Hershey Lodge 325 University Drive | Hershey, PA 17033 November 14, 2012 Scotch Valley Country Club 18 Clubhouse Drive | Hollidaysburg, PA 16648
REGISTER ONLINE AT PACB.ORG/EDUCATION
4:00 - 4:30 PM | RECEPTION 4:30 - 5:30 | DINNER 5:30 - 6:30 PM | IT’S 2012...DO YOU KNOW WHERE YOUR RISKS ARE? UNDERSTANDING AND PREVENTING COMMUNITY BANK DIRECTOR LIABILITY IN A NEW REGULATORY WORLD As the banking crisis continues to unfold, banking directors and officers find themselves under heightened scrutiny and at increased risk for their personal decisions. An era of heightened regulatory enforcement has led to a vast amount of rules, regulations, and guidance aimed at increasing banking directors’ responsibilities. The goal of this session is to focus on the risks that directors face as individuals given the current regulatory environment and how directors can be proactive in reducing the likelihood of facing individual liability. Specifically, this session will discuss the traditional role and duties of banking directors, the common mistakes and risks that can lead to individual director liability, and the preventative measures that directors and officers of community banks can take to mitigate the risk of individual liability.
CREDITS: Attendees are eligible to earn up to 3 CPE credits and 2 CLE credits. QUESTIONS: Contact Saundra J. Cunningham, VP-Education Services, at 717.231.7447 or saundra@pacb.org. www.pacb.org | Transactions | 15
THE
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mployers across the country are constantly plex, and those complexities constantly change over time. faced with the challenges of changing federOur employees grow and mature. They fall in love (someal and state laws and mandates, union contimes at work!). They marry. They have children. (Not necestracts, memorandums of understanding and sarily in that order.) They divorce. They get sick or lose loved management directives. When you incorpoones to an early death. They eat too much, drink too much rate these changes, the amount of change alcohol, and take drugs to help them cope with life’s slings and uncertainty can seem overwhelming. and arrows. Their finances change over time and many find While these challenges can be considerable, they pale in themselves unable to keep up with their bills. They have comparison to the challenges strained relationships with presented by our greatest astheir parents, their spouses, set and our greatest headand their children. Their work EMPLOYERS MUST BE VIGILANT IN ache—our employees. suffers and the other employWATCHING FOR THE TELL TALE ees eventually resent them. We hire employees to perThe supervisors are often reSIGNS OF EXCESSIVE STRESS. form the services of the corluctant or clueless as to how poration and to put a face on to deal with the situation. those services. We hire them based upon their credentials and experience. Hopefully, we also hire them based upon When you inject the pressures of the “Great Recession” into their personality fit with existing employees and ability to their lives, the employee’s problems, real or perceived, mulrelate successfully with our clients. tiply by 50 to 100%. But wait, isn’t the Great Recession” officially over? The stock market has been climbing for two I have often joked to supervisors during training seminars years. Businesses are posting record profits. The United that they would have a great job if it weren’t for the people! States economy is projected to grow about 3% this year. But the “people” IS their job. Especially getting the most efficient, effective and error-free production from them. So what could be wrong? Unfortunately, employees are not as concrete as even the most maddening federal mandate. They are endlessly com16 | Transactions | www.pacb.org
When our employees are asked to perform their jobs under considerable stress, several things can happen:
E ASSISTANCE PROGRAM: NOW MORE THAN EVER By: Chuck Mazzitti 1. They bring their personal concerns to work with What is the appropriate response to all of this? Employthem. This leads to a lack of focus, clarity of thought ers must be vigilant in watching for the tell tale signs of and increased mistakes. The amount of work accomexcessive stress in their workforce. Front line supervisors plished can diminish by up to 25%. must be educated on recognizing and dealing with the 2. This stress brings out the worst in our personalities effects of stress on their employees. They must also be and behavior. Customers, coworkers, vendors, and well versed in an Employee Assistance Program (EAP). suppliers usually bear the brunt of these changes. Any They need to know how it works, what it can and cannot efforts made at encouraging teamwork and excellent do, and how to steer employees to its services. Employcustomer service are ees must be constantly resabotaged. minded of the EAP benefit, 3. Ongoing high stress so that they can voluntarily STRONG SUPPORT FOR THE levels lead to psychoaccess its services should EAP BY THE EMPLOYER IS A logical and physical the need arise. illness. Absenteeism, KEY TO SUCCESS. presenteeism, and use The EAP needs to adjust its sails as well. It needs to exof health insurance amine the services it is offering to be sure that they meet increase as employees try to cope with these issues. the current needs of their clients. EAP services should do These issues can be real or perceived. this on an ongoing basis. For example, a specific package 4. Some employees turn to drugs or alcohol as a coping of services can be developed for school district clients as mechanism. Self-medication is seen as a way to rethey struggle to deal with unprecedented budget cuts, or duce the stress and ease both physical and emotional services can be updated for those with college age chilpain. Increasing self-medication can lead to perfordren, as well as for families and veterans of our current mance problems at work. 5. A few employees may resort to violence. If an em- wars. Updates can also include new training programs designed to help employees and their families deal with ployee loses most or all of their support system, and feels completely powerless over the negative changes budgeting and financial issues. in his/her life, he/she may see this as the only way But to weather this current economic storm, a partnership out. This violence can be directed at self or others. www.pacb.org | Transactions | 17
between the employer and the EAP is vital. While employers manage job performance and service delivery, the EAP must be ready to help employees and their family members with the stressors and problems impacting their lives. The EAP is only as effective as the services it delivers. Strong support for the EAP by the employer is a key to success. Historically, those employers that regularly promote the EAP to their employees have the highest utilization and the best results.
Chuck Mazzitti is CFO and President of Mazzitti & Sullivan EAP Services. Please consider how Mazzitti & Sullivan EAP Services can benefit your organization and provide these leading edge services. They are available to work with you to address problems before they can become overwhelming. Mazzitti & Sullivan EAP Services welcome any recommendations for improvement of their service delivery to their clients, or ideas for how they can be more effective in helping your employees.
Additional services we offer: • Executive Coaching •
Pre-employment Assessments
• Job Benchmarking • Trainings available for employees Providing comprehensive Employee Assistance Program services since 1984 — contact us today to see what we can do for you!
and management • On site crisis response (CISM)
3207 North Front Street H Harrisburg, PA 17110 H 1-800-241-5740 H www.mseap.com
Providing comprehensive Em-
18 | Transactions | www.pacb.org
Partnering with Pennsylvania banks since 1926 For more than 80 years, Stradley Ronon has helped Pennsylvania banks build their businesses. With combined experience of more than 60 years in banking law, our practice group leaders head a group of 35 attorneys representing over 50 banks – helping them manage their legal challenges, so they can focus on running their institutions. www.stradley.com/banking
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(From left) Stradley Ronon Banking & Financial Services partners Linda Ann Galante, Valentino F. DiGiorgio III and Christopher S. Connell.
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www.pacb.org | Transactions | 19
By: Hon. Melissa A. Hart Attorney at Law Keevican Weiss Bauerle & Hirsch, LLC
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A
s baseball season winds down, I have been enjoying our team—for the first time in a while in Western Pennsylvania—and working some baseball terms into my conversations. Both the Pittsburgh Pirates and the Philadelphia Phillies have had wild seasons—the ups and downs of the game have encouraged fans of both teams to dream of pennants and especially to increase their expectations for the future. Unfortunately, unlike our Pennsylvania baseball team dreams, many of us in Community Banking have relegated our big league future dreams to the bench. We have been greeting economic news over the past several years from a defensive posture. The banking crisis of 2008 nearly grounded out our economy, but many of today’s government policies have caused us to wait longer than we should for that next at-bat. Aborted mergers, TARP paybacks and uncertainty about Dodd-Frank requirements have thrown some curves that sent many financial institutions back to the minors; and the banking industry has been working hard to move up to the big leagues again. There is one action that was taken by the FDIC in 2008 and then extended by the US Congress in 2010, that has helped
increase if it doesn’t act on certain proposed cuts, as we sit at a fiscal cliff. When given the opportunity last spring to prevent this looming tax increase, they punted (oops, a football reference). Now the American economy sits out this delay-ofgame until after the elections when Congress returns to session in late November or December to see what will happen. Is this any way to provide an opportunity for business and families to make a plan for growth? We know that with interest rates low, the cost of money should also be low now. Does it not follow that borrowers should have an easier time accessing capital? Then we realize that the regulatory climate has tightened to the point that it’s tough for borrowers to meet the burden of new qualification hurdles and for banks to access the capital needed to meet stringent reserve requirements and therefore to even offer the new loans. What should be a time when we could examine our business and personal lives and look for opportunities for growth, has become a time where we simply work to preserve what we have and work diligently to prevent any more losses. It is in this climate that the United States Congress has a clear opportunity: it can vote to extend the TAG program and help to preserve this relatively new program that has worked, while also assisting (darn, a hockey term) in turning around
We ask Bankers and their customers to
PRIORITIZE THE TAG EXTENSION Community Bankers to get back into the majors. Ask a Community Banker, or a municipal official, or a local manufacturer about the Transaction Account Guarantee (TAG). I expect that they will have plenty of good things to say. Traditional FDIC insurance until 2008, did not provide full coveragefor the non-interest bearing accounts that financial institutions offer for these organizations to move payments in and out to cover a business, municipal, or non-profits’ costs. Once that insurance was made available, many local organizations moved their transaction accounts to their hometown community banks. The results for all parties have been quite satisfying: Banks increased their core deposits, business, municipal, and non-profits are doing more business right in their hometowns, and the banks have more money to lend to the small businesses in their communities. The government also saw these accounts moving to more diverse financial institutions, creating stability in the sector. The only problem is that this full insurance coverage (above $250,000) will expire on December 31, 2012 unless Congress acts to extend it. The United States Congress has a great deal of power over the banking industry. This power does not reside simply in its statutory authority over one industry. It also resides in its general powers that have resulted in health insurance mandates and an unsettled tax climate along with the resulting regulatory morass. We know that by year-end, Congress may remain in a position that will require an automatic tax
the field for access to capital and thus business opportunity. It can not only preserve community banks’ opportunities to grow themselves, it will continue to foster a climate where these community institutions are the key to help grow the private business sector—especially small and mid-sized businesses. Congress can put some certainty into the mix by passing a two-year extension to the TAG program before it expires in December. All of this sounds great—but we already have such huge government debt, and American taxpayers are rightly on a rampage against growth in the cost of government and new government programs. How much will this cost our already overburdened taxpayers? As a former member of Congress, and of the United States House Ways and Means and Financial Services Committees, I am pretty sensitive to taxpayer cost concerns. I ran for congress in tough districts in Pennsylvania, not to mention running and winning several elections in similar districts to serve in our State Senate. So when I was asked to advocate for a government program, I was certain to do my research before accepting the assignment. The first thing I found: the banks pay for this insurance just as they pay for other FDIC coverage, via premiums paid into the Deposit Insurance Fund. America’s taxpayers do not pay one penny for the Transaction Account Guarantee. www.pacb.org | Transactions | 21
My client, TriState Capital Bank, (TriState), is a longtime client of my law firm, Keevican, Weiss, Bauerle & Hirsch, LLC in Pittsburgh. The firm has been working with TriState since the bank’s inception. I have the good fortune to have returned to the law firm following my congressional service. Alongside the firm’s Managing Director, Leo Keevican and partner, James Bauerle, I have been working with the founders/officers of TriState Capital Bank, Chairman and CEO, James Getz, and President and Former PA Banking Secretary, William Schenck on government relations matters. Last fall, TriState asked me for advice and a strategy to move forward with this issue: Get Congress to approve a minimum 2-year extension to the Transaction Account Guarantee (TAG) Program. So I did my warm-up and reviewed the substance and history of the TAG program. Now wait a minute, wasn’t TAG in the purview of the FDIC? It sure was. In fact, the FDIC itself instituted TAG in 2008 during the financial crisis. The Guarantee extends unlimited FDIC coverage to transaction accounts that never had such insurance coverage before. These accounts are held by municipalities, businesses, hospitals, and other non-profits that need to have significant funds available to make payments that keep their organizations going. So insuring these deposits was a way to make sure that if some banks failed, they did not also bring these hefty depositors down with them. The United States Congress liked the program enough to extend it in 2010, providing 2 additional years of relief. Unfortunately it is set to expire at the end of this year. About $1.4 trillion in deposits are covered by the program. Amounts in TAG accounts are often $500,000 to $1 million and more. These are deposits that count as core deposits for the banks which hold them, increasing their stability and liquidity. The organizations that use TAG accounts have the security of knowing these accounts are protected. The even better news about TAG accounts is that as businesses seek loans from these smaller banks, the door is open. TAG has boosted these smaller banks’ abilities to lend. So in an economy where there has been stagnant growth and high unemployment, and where many areas of the nation continue to suffer from the economic downturn, TAG provides some stability and opportunity. Members of Congress I have spoken with favor the extension. Senate Banking Committee Chairman, Tim Johnson, D-SD, and House Financial Services Committee Chairman, Spencer Bachus, R-AL, support the extension. I have also gained support of influential ranking members of committees and subcommittees. I have visited with members of Congress of both parties from California to Massachusetts and Florida to Wisconsin, and they understand what the impact of this extension will be for their constituencies. They also need to understand the impact of an end to TAG. The Office of Management and Budget has asked Congress to extend TAG due to ongoing global financial concerns, and especially the instability of the economies in Europe that have increased concerns about our own economy. If transaction ac22 | Transactions | www.pacb.org
counts are no longer insured, the migration of these accounts in large numbers away from Community Banks is expected, causing serious disruption to our banking system. Most of the benefit would inure to the too-big-to-fail banks, due to the implicit taxpayer-funded government guarantee of their accounts should they fail. Even knowing this, our coalition supporting the extension of TAG has grown from TriState Capital Bank and the Independent Community Bankers of America to include the American Bankers Association. So as we move into the final innings of this effort, we ask Bankers and their customers to prioritize the TAG extension as we work together to get it across the plate. We still need the TAG, just to be safe. Hon. Melissa A. Hart is an Attorney and Government Relations Consultant with Keevican Weiss Bauerle & Hirsch, LLC in Pittsburgh. She served in the PA State Senate from 1991-2001, chairing the Finance Committee and serving on the Banking and Insurance Committee among others. She served in the US House from 2001-2007 where she served on the Financial Services Committee and the Ways & Means Committee. She is a frequent commentator on civic issues, and an occasional TV host in Pittsburgh.
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CENTER
DEFENDER OF THE STATE STATE SENATOR MIKE STACK DISCUSSES HIS LEADERSHIP IN THE STATE SENATE AND PENNSYLVANIA NATIONAL GUARD
24 | Transactions | www.pacb.org
ERFOLD
Courage, humility, and discipline are qualities I see in our service men and women. They are qualities we should all try to have.
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Polonia Bank Chairman/President/CEO Anthony J. Szuszczewicz talks with Senator Mike Stack and PACB President/CEO Nick DiFrancesco 26 | Transactions | www.pacb.org
Senator Mike Stack talks with Polonia Bank Chairman/President/CEO Anthony J. Szuszczewicz
NICK DIFRANCESCO (ND): You’re now in your third term as a Senator representing Northeast Philadelphia, Bridesburg, and Port Richmond. How have you seen your district change since first coming to office?
(ND): What has been the most rewarding aspect of being a public official?
(MS): Undoubtedly, the most rewarding aspect of this job is helping people. Sometimes the work is tough and gruelSENATOR MIKE STACK (MS): Northeast Philadelphia has ing and it requires a lot of dedication. Recently, we had a always been a collection of neighborhoods where hard work- big win for our community. Since 2006, I have been working families make a living, buy a home, and help their chil- ing with State Rep. Mike McGeehan, Councilman Bobby dren get a good education. And community banks are a big Henon, and the Holmesburg and Upper Holmesburg Civpart of that. They provide financial services that help families ic Associations to transform a dilapidated former public finance their portion of the housing site into dorms and American Dream. That dream athletic fields for Holy Famincludes home ownership, ily University. The site will THE FOCUS OF MY TENURE HAS BEEN college, or owning a business. also include senior housing, AND WILL CONTINUE TO BE BRINGING retail shops, and restaurants. My constituents have always JOBS BACK TO OUR REGION. been predominantly working This project will be a huge families. We are very proud job creator, an economic force of our working class roots. The district is becoming more providing long-term commerce, and also a regional draw. ethnically diverse, and the new groups have the same work- At every level, we worked together to turn a community ing class values and attributes. eyesore into a positive community anchor that will spur additional positive development. We really made a difference The economy, globally, is not the same as it was when I first and those are the moments I enjoy most. took office in 2001. That is why the focus of my tenure has been and will continue to be bringing jobs back to our region. (ND): For the Philadelphia-Harrisburg commute; AMTRAK or turnpike? The challenges for the middle class are so much more signifi(MS): I take the Turnpike. I live very close to it and while I cant and we are meeting them. We continue to fight for them. We have to get our priorities in order to support sensible job creation. love the idea of taking Amtrak and letting someone else do www.pacb.org | Transactions | 27
the driving, at this point it’s just not feasible from where I live. It would add about 30 to 60 minutes to my trips. Most of the time, I can’t afford that.
ence your decision to run for office and complete Officers Candidate School?
(MS): We really live in a great nation. It’s a place where an immigrant from Ireland with a few coins in his pocket can earn a seat in Congress. America is a place where an immigrant from Russia, the Ukraine, India, or Turkey can start a business and become a pillar of his or her adopted community. Most importantly, they can provide a better way of life (MS): It’s an honor to serve in the military. The courage and for their family. These stories are never ending in my district. I hear a new one every sacrifice of so many men and day. With all that our country women has inspired me to gives us, I felt that the least I work even harder and appreI SEE MY SERVICE IN THE SENATE AND could do was to give as much ciate all our gifts. Courage, huTHE ARMY AS A WAY TO GIVE BACK as I get. I see my service in mility, and discipline are qualithe Senate and the Army as ties I see in our service men TO MY NATION AND FAMILY. a way to give back to my naand women. They are qualities tion and family. we should all try to have. (ND): Many people may not know this, but you are a Captain in the Pennsylvania National Guard. How has your training and experience as an officer helped you in your capacity as an elected official?
These qualities also carry over to my work as a Senator. I am willing to stand up against bad legislation even when the majority of the General Assembly is against me. Plus, a little extra discipline and focus is a good thing.
(ND): Earlier this session, a comprehensive bank modernization package passed the House and is set to be taken up by your committee in the fall session. Where do you see this legislation going?
(ND): You come from a distinguished heritage of public service. Your grandfather was a US Congressman back in the 1930’s and actually was a co-sponsor of the first minimum wage and Social Security legislation, and also enlisted during World War I. How did this influ-
(MS): It’s my top priority to pass this legislation in the Senate and send it to the Governor’s desk for his signature. There is a lot of good stuff in this package for community banks. First, it will provide more clarity on consumer lending. It lowers administrative hurdles for community banks
Senator Mike Stack hard at work in his Harrisburg office
28 | Transactions | www.pacb.org
Northeast Philadelphia has always been a collection of neighborhoods where hard working families make a living, buy a home, and help their children get a good education. And community banks are a big part of that.
Senator Mike Stack walks the streets of Philadelphia with Polonia Bank Chairman/ President/CEO Anthony J. Szuszczewicz and PACB President/CEO Nick DiFrancesco www.pacb.org | Transactions | 29
by allowing them to respond to market demand and close bank branches more easily. It will also eliminate legal impediments to mergers and make it less expensive.
factors, like Voter ID. That being said, I think the Romney Campaign should be worried.
(ND): Pundits across the nation have gone back and forth questioning whether Pennsylvania is a “swing state” in this year’s Presidential election. Do you have any thoughts or predictions about the importance of the Commonwealth when it comes to the road to the White House?
It’s a good thing though. We’ve got a lot of ticket splitters and because of that, in Pennsylvania, you don’t just get a vote…you earn it. Pennsylvania is absolutely relevant.
(MS): Pennsylvania’s importance in the process is still very much relevant. Its size dictates that. The polling isn’t a slam dunk for the Obama Campaign. And there are unforeseen
(MS): I love to read history and biography books. I am also a bit of a movie buff. When I drive I listen to books on tape. And the army has made me take running more seriously.
Pennsylvania is a purple state. We are not alone; Ohio for exSecretary Moyer has made banking modernization and the ample, is similar. Anywhere where you have an aging population and vanishing heavy industry, voting trends tend to be transfer of banks from federal charters to state charters a personal goal of his. I share his goal and vision to make erratic. As the way people live their life changes, so do their voting habits change. Like a pendulum on a clock, PennsylPennsylvania a friendly place for banks to do business. If we vania’s voting trends swing have a fair regulatory climate back and forth with each that allows banks to grow and innovate, our consumers IN PENNSYLVANIA, YOU DON’T JUST GET election. The western part of Pennsylvania is trending Rewill have more choice, and A VOTE...YOU EARN IT. PENNSYLVANIA publican while the southeastbetter choices to finance their ern part is trending Demohomes, businesses, college IS ABSOLUTELY RELEVANT. cratic. I think our status in the educations, and other things “Purple” column is going to that so many of us hold close be sticking around for the foreseeable future. to our heart as the American Dream.
(ND): What do you enjoy doing when you manage to get a few hours to relax and unwind?
Senator Mike Stack walks the streets of Philadelphia with Polonia Bank Chairman/ President/CEO Anthony J. Szuszczewicz and PACB President/CEO Nick DiFrancesco
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Senator Stack was elected to his third term in the state Senate in November 2008. His district includes Northeast Philadelphia, Port Richmond, Bridesburg and Kensington. He has been a relentless advocate for senior citizens, education, health care and jobs. Senator Stack serves as a Captain in the Armed Forces in the Pennsylvania National Guard. He graduated from the Officers Basic Course competing with soldiers twenty years his junior. He serves as the Democratic Chair of the Banking and Insurance Committee and is a member of the Aging and Youth, Judiciary, Labor and Industry, Local Government, and Policy committees. A leading advocate for seniors, education, and health care, he has also been a strong voice for economic sanctions against Iran and Sudan. He earned his law degree from Villanova University Law School in 1992. He is a graduate of LaSalle College High School and of LaSalle University. During the Administration of Gov. Robert P. Casey, Senator Stack was Executive Deputy Director of the Pennsylvania Medical Professional Liability Catastrophic Loss Fund.
Senator Stack comes from a family committed to public service. His grandfather, an immigrant, became a U.S. Congressman and co-sponsored the first minimum wage and Social Security bills. Senator Stack is a member of the Philadelphia Board of City Trusts, co-chair of the Philadelphia Veterans’ Court Advisory Committee, and a Fellow of The University of Pennsylvania Leadership Academy of the Fels Institute of Government. He serves on the Board of Trustees of Temple University. He is also a member of the Chilean & American Chamber of Commerce of Greater Philadelphia, Brian Boru Division 6 Chapter of the Ancient Order of Hibernians, Saint Katharine Drexel Knights of Columbus, and Shaare Shamayim Men’s Club. Senator Stack is a member of the Somerton Civic Association and Friends of Pennypack Park. He serves on the Executive Board of the Brehon Law Society and is a member of the Democratic State Committee. He is admitted to the Maryland and Pennsylvania Bar Associations. Senator Stack is married to the former Tonya Whitmore.
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Charles J. Ferry, Esquire cferry@rhoads-sinon.com 717-231-6631 Dean H. Dusinberre, Esquire ddusinberre@rhoads-sinon.com 717-231-6618 Kenneth J. Rollins, Esquire krollins@rhoads-sinon.com 717-237-6782 One South Market Square • Harrisburg, PA 17101 • www.rhoads-sinon.com
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USING MERCHANT SERVICES AS A STRATEGIC WEAPON UNIVERSAL COMMERCE CREATING NEW KEYSTONE ADVANTAGE
By: Neal Korzekwinski Senior Vice President of Strategic Partner Acquisitions & Management First Data
T
THE POWER OF MERCHANT SERVICES here’s no question, in the banking and payment arenas—on both the legislative and technology fronts—the rate of change is rapid. These pressures can be greater for financial institutions (FIs) looking for additional sources of non-interest bearing income.
Merchant services help to attract and retain clients. In fact, estimates from First Annapolis have shown that merchant services can bring a 32 percent revenue increase from a commercial relationship. Some of the benefits from ensuring that clients have Merchant Services include stronger fee income directly from products, improved client retention, 32 | Transactions | www.pacb.org
increased average daily balance and household revenue per account, and more. A merchant services offering clearly helps to drive revenue, but how do financial institutions continue to evolve their programs and offerings in order to keep up with changing payments technology? Where is the industry headed and what should financial institutions look for in a partner to ensure that their program is keeping pace with industry changes? UNIVERSAL COMMERCE IS HERE According to industry experts, worldwide growth of mobile transactions will surpass $171.5 billion in 2012 while twothirds of all purchases will occur on a mobile device by 2015.
5%
Percentage of Base Revenue
140% 120%
28%
100%
77%
80% 60%
72%
40% 20%
56% 28%
0% Without Merchant Services
Incremental Increase in Value
With Merchant Services
*Yellow bar – cash management relationship *Blue bar – DDA relationship Source: First Annapolis
Evidence is clear that the lines between in-store commerce, e-commerce, and mobile commerce are blurring as the ways people make purchases are changing. People want to be connected all the time and want the best deal in the most convenient, personalized way. Consumers expect a more integrated buying experience that is quick and consistent wherever they are, at any time. As a payments industry pioneer that invests significant resources in product innovation in order to identify the latest in payment solutions, First Data does not react to change but defines it. First Data calls this new consumer-driven era Universal Commerce, and has created seamless experiences for consumers, merchants and Financial Institutions. The message to Financial Institutions—especially Community Financial Institutions, is that in order to stay competitive, they need to keep pace with these changing consumer behaviors and expectations by offering solutions that enable a buying experience that is quick and consistent anywhere and at any time. While embracing Universal Commerce is a critical next step for Community Financial Institutions to take, decision makers also must choose a trusted solutions partner, such as First Data, with the most robust portfolio of electronic payment products and services and tactical expertise in distributing and managing all components of a merchant services program. WHAT TO LOOK FOR IN A PARTNER: • One-Stop Shop: The optimal partner gives smaller FIs a complete suite of payment processing services on par with larger FIs’ offerings. The key is finding a partner who can provide a one-stop resource for a full range of products, including e-commerce and mcommerce solutions. Mobile technology in particular can give any FI an edge over competitors. • Reliable Support: FIs small and large can capitalize on this growing opportunity by working with a
payment processing partner that is not only reliable for merchants, but also delivers added value to FIs. The partner must be FI-focused, understanding what is important to the bank and its clients; committed to customer experience, maintaining an FI’s brand promise across all touch points; and innovative, helping shape the change at the point of sale, not merely try to keep up with it. • Strong Distribution Channels: Merchants, like consumers, buy when they want and how they want. A partner needs to invest in the tools necessary to deeply penetrate this product within your commercial client base. Selecting a partner with expertise in human capital, innovative boarding tools and marketing are critical. • Product Innovation: Data security, for example, should always be top of mind for merchants, FIs and customers, especially with the recent data breaches in the headlines. It’s crucial for partners to have access to end-to-end, complementary tools, including proprietary terminals, advanced security products offering encryption, tokenization and EMV, and advanced mobility solutions. The trend of Universal Commerce spans all states, including Pennsylvania. Given the significant value of merchant services, choosing a partner with the right offerings is critical. Take the time today to identify the best merchant services partner for you—taking this step will set you up for continued success tomorrow. Neal Korzekwinski is senior vice president of Strategic Partner Acquisition & Management for First Data. Korzekwinski has been with First Data since 1995 holding a number of senior finance and general management positions. He is currently responsible for the partner acquisition and management strategy for First Data North America.
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Breast cancer is not just a disease that strikes at women. It strikes at the very heart of who we are as women: how others perceive us, how we perceive ourselves, how we live, work and raise our families-or whether we do these things at all. -Congresswoman Debbie Wasserman Schultz
TEAM UP. THINK PINK. By: Natalie Bombatch 34 | Transactions | www.pacb.org
FIRST NATIONAL BANK OF FREDERICKSBURG TEAM BACK ROW: Darryl Bush, & Ben Kramer FRONT ROW: Marla Miller, Ashley Fisher, Deavan Rodgers, & Dora Rodgers
W
hether your wife, mother, daughter, sister, aunt, niece, or friend – it’s very likely that you know someone who has been affected by breast cancer. “Every day, 32 women in Pennsylvania are diagnosed with breast cancer. We have to remember that breast cancer can happen to us and to those we love. It’s imperative that we have a plan to detect the disease in its early stages and urge others to do the same,” stated Pat Halpin-Murphy, PA Breast Cancer Coalition President & Founder. Since 1985, the month of October has been recognized as National Breast Cancer Awareness Month, an annual campaign to increase awareness of the disease. Throughout October breast cancer organizations nationwide take this opportunity, in addition to their year-round activities, to promote increased awareness and host events to raise es-
sential funds to fuel research, prevention, diagnosis, treatment, and finding a cure. Often associated with breast cancer awareness are the color pink and the pink ribbon. In 1991, the pink ribbon made its first known appearance when the Susan G. Komen Breast Cancer Foundation distributed them to participants in its New York City race for breast cancer survivors. The following year, Evelyn Lauder – former Estée Lauder senior corporate vice president and then breast cancer survivor – used her position in the cosmetics industry to popularize the pink ribbon. That year, about 1.5 million ribbons were distributed at cosmetics counters across the country with an attached card describing the correct way to perform a breast selfexam. It was then that people started to really take notice of the breast cancer awareness cause. Evelyn Lauder passed away from complications of non-genetic ovarian cancer in November 2011, after many years of commitment to breast cancer awareness and prevention. Though many other symbols and messages have been developed over the years, pink remains the central colwww.pacb.org | Transactions | 35
or behind the breast cancer cause. In Pennsylvania, the PA Breast Cancer Coalition (PBCC) is pink all year long. Their mission is to represent, support, and serve breast cancer survivors and their families in Pennsylvania through educational programs, legislative advocacy, and breast cancer research grants. Halpin-Murphy said, “The PBCC is a statewide nonprofit organization that creates the hope of a brighter tomorrow by providing action and information to women with breast cancer today.” The PBCC, based in Ephrata, Lancaster County, has a board of directors and a network of volunteers across the state. The organization exists to help the 9,500 women in this state who will be diagnosed with breast cancer this year, to support the families of the 2,200 women who will die from it, and to serve as a resource for the hundreds of thousands more women currently living with the disease.
early, it’s so treatable. Mine was so small that I only had to have radiation, not a mastectomy, because they found it right away. I think the biggest part of breast cancer awareness is not to be afraid to know you have it.”
Take a Swing Against Breast Cancer® raised a total of more than $30,000. Eighty-three cents of every dollar is used to support PBCC programs and services that directly impact women, such as Friends Like Me care packages. The PBCC reaches out to individuals in Pennsylvania who have received a breast cancer diagnosis in within the last six months with a complementary care package. Halpin-Murphy explained, “It’s a box that is full of information and resources and includes some soft touches like a knit hat or scarf. We send the package to let them know that there’s someone out there thinking of them.”
In addition to the home run derby series, the PBCC coordinated about 20 other events this year. As a small organization, they rely on grassroots partners, volunteers in the community, who hold more than 200 fundraising events across the state each year. Halpin-Murphy acknowledged, “We are a small staff of seven, so we really rely on our volunteer grassroots partners who are our representatives in their communities. They are out there spreading our mesWITHOUT THE SUPPORT OF sage to a greater audience COMMUNITY-ORIENTED ORGANIZATIONS who we wouldn’t be able to reach otherwise.”
To raise funds to support its mission, the PBCC held its 5th Annual Take a Swing Against Breast Cancer® home run derby in July. Ninety-eight teams comprised of local individuals, organizations, and businesses raised money to compete in eight home run derby events held at minor league baseball stadiums across the state.
Several PACB members contributed to this worthy cause, including Chelten Hills Savings Bank; ComLIKE THESE BANKS, THE PBCC COULDN’T munity State Bank of OrSince breast cancer affects bisonia; Enterprise Bank; DO WHAT IT DOES EACH DAY. so many people in the comFirst National Bank of Fredmunity, it’s imperative that ericksburg; Marquette Savings Bank; PeoplesBank, A Codorus Valley Company; individuals, businesses, and organizations be a part of Susquehanna Bank; and Washington Financial Bank. spreading the message so that one day a cure is found. “Without the support of community-oriented organizaHalpin-Murphy concluded, “Breast Cancer Awareness tions like these banks, the PBCC couldn’t do what it does Month brings everything into focus. It brings so much each day,” noted Halpin-Murphy. awareness to breast cancer as an issue, not only to each individual family and the woman who is being diagFirst National Bank of Fredericksburg in Lebanon County nosed, but it shows there’s so much more we can do to sent two teams to bat in the home run derby event in Harfind a cure and to raise funds for research. Breast Cancer risburg this year. To raise funds, bank employees donated Awareness Month shows that the disease is still an issue, money during dress down days and the bank matched and it will continue to be an issue until we find that cure.” the donations. “It’s a whole group effort, which makes it really special,” said Dora Rodgers, a bank customer serIf you would like to host or participate in an upcoming event, vice representative who was diagnosed with breast canplease contact Kristen Snoke at cer nearly five years ago. She added, “The team has a lot Kristen@pabreastcancer.org or of fun and it’s nice to be a part of the community coming 717-721-2580 x107. For more intogether to support the cause. The mayor, news channels, formation about the PBCC, visit radio stations, baseball players, politicians, and many pabreastcancer.org. more come out during the derby to cheer us on.” Although this is the second year that the bank has participated in the Take a Swing Against Breast Cancer® event, the bank has supported breast cancer awareness for many years. As a breast cancer survivor, Rodgers knows the importance of supporting breast cancer awareness. She stated, “A lot of women don’t get mammograms because they are afraid to know if they have cancer, but if they get their mammograms and the breast cancer is found 36 | Transactions | www.pacb.org
If you would like Transactions to feature your bank as our Community Bank Profile in an upcoming issue, please feel free to contact me at natalie@pacb.org or 717-231-7447.
PA BREAST CANCER COALITION BREAST CANCER AWARENESS MONTH EVENTS Empowered by Pink Health Fair 10/12 • Lancaster, PA Brushstrokes & Blessings 10/12-10/13 • Lemoyne, PA
Glamour Shots for Breast Cancer Survivors 10/14 • New Cumberland, PA Slippery Rock University Walk 10/16 • Slippery Rock, PA
Horizon of Hope Fundraiser 10/21 • Telford, PA Bloomsburg University Walk 10/21 • Bloomsburg, PA
Lois Orange Ducoer Breast Cancer Walk 10/13 • Charleroi, PA
JoJo’s Pizza and Pasta Fundraiser 10/17 • Mechanicsburg, PA
Emerald Springs Spa Lancaster 10/23 • Lancaster, PA
Pink Fright Night 10/13-10/14 • Danville, PA
Flying Colors Art Show 10/19 • Chester Springs, PA
Accent On You Salon & Spa Promotion 10/14 • Kenhorst, PA
parx octoberfest 5k 10/20 • Bensalem, PA
East Stroudsburg University Think Pink 10/25 • East Stroudsburg, PA
Pretty in Pink Day at Spa’lon 10/20 • Allentown, PA
Zumba for Cancer 10/26 • Ephrata, PA
Emerald Springs Spa Hershey 10/24 • Hershey, PA
www.pacb.org | Transactions | 37
MAKE SURE YOUR
INCOME-GENERATING STRATEGIES ARE COMPLIANT AND CONSUMER FRIENDLY
By: John M. Floyd Chairman/CEO John M. Floyd & Associates (JMFA) 38 | Transactions | www.pacb.org
A
s banks continue to cope with the regulatory challenges placed on generating non-interest income, it is imperative to balance the need for revenue with the ability to avoid programs and practices that could be harmful to customers.
vice. They help consumers to better manage their finances and enable banks to strengthen their relationships with customers, while improving their performance without the dread of what a compliance exam might uncover.
In late July, the Consumer Financial Protection Bureau (CFPB) released details regarding the number and type of complaints it has received from consumers during the first half of 2012. And while comments about mortgages and credit cards ranked as the highest concerns, 15 percent of the complaints were focused on bank accounts and other services—including confusion about overdraft protection, program terms and fees. Add to this the on-going reports of class action lawsuits involving undisclosed programs that implement unfair practices.
A fully disclosed overdraft program that clearly defines the rules by which an account holder may access an overdraft service establishes a straightforward approach of responsible use. Plus, overdraft limits are set with the account holder’s full knowledge. When necessary, the limit can be adjusted, eliminated or re-instated, depending on the situation. As long as an account holder is in good standing, an overdraft will be paid to that limit. As a result, an informed customer can avoid the extra expense of merchant fees and penalties for a returned check, and rest assured that important purchases will be paid in the event of a financial shortfall.
REGULATORS EXPECT CLEARLY DEFINED PROGRAMS
MEETING REGULATORY EXPECTATIONS IS NOT A GUESSING GAME
As regulations on consumer financial products become more stringent, non-disclosed overdraft programs with dynamic lim-
In this new regulatory reality, regulators are pushing for more transparency, not less. If you’re not sure that your current
Clearly defined program parameters and processes will result in the
GREATEST BENEFIT FOR YOUR INSTITUTION its and/or practices that cause financial hardship for consumers will pose greater compliance risks for banks. In fact, during the last few years, nearly all of the criticisms by regulators, legislators and consumer advocates—along with fines and legal action—have focused on undisclosed matrix-based programs and those that implement non-neutral transaction postings.
overdraft program meets these regulatory expectations, or you are considering a matrix-based program with dynamic limits for your institution, ask yourself these questions: • Are the program processes easily understood? • Is information about account holder limits clear? • Are fees explained in easy-to-understand terms?
To avoid such increased scrutiny and threat of legal/monetary consequences, banks must maintain a clearly defined overdraft program that guarantees full regulatory compliance and meets consumer protection expectations.
If you have concerns about how the new regulations and proposed guidelines on overdraft services could affect your bank, avoid relying on products that implement undisclosed procedures that can be confusing and cause account holders to incur multiple overdraft fees. As always, clearly defined program parameters and processes will result in the greatest benefit for your institution and your customers.
DISCLOSED PROGRAMS OFFER CLEAR BENEFITS FOR INSTITUTIONS AND CONSUMERS Compliant overdraft programs still provide a valuable serJohn M. Floyd & Associates (JMFA), an Associate Member of the Pennsylvania Association of Community Bankers, is a leading provider of profitability and performance-improvement consulting. For more than 30 years, JMFA has been recognized as one of the most trusted names in the industry, helping financial institutions enhance their bottom line with programs like JMFA Overdraft Privilege®. JMFA is also recognized for earnings enhancement and expense control programs, training, executive placement, account acquisition programs as well
as product, service, pricing, and technology-improvement consulting. Simply stated, JMFA’s programs and services are designed to increase income or reduce expenses. JMFA is proud to be a preferred provider among many industry groups. To learn more about JMFA, please contact Ken Kuzma, JMFA Regional Director at (877) 389-7327 or Ken.Kuzma@JMFA.com, or visit www.JMFA.com.
www.pacb.org | Transactions | 39
O
n September 22, 2012, Farm Aid held its 27th annual concert in “The Sweetest Place on Earth,” Hershey, Pennsylvania. With a long history of family farming, Pennsylvania seemed like a no-brainer to host this year’s benefit concert. On the sunny and warm fall day, 30,000 people made the journey from all across the country to join together and show their support of an endangered industry. For nearly 12 hours, farmers, musicians, and concert-goers teamed up to celebrate “Good Food” and great music. The strong family atmosphere at Farm Aid made the day feel not like a mass of people attending a concert, but instead like a community participating in a celebration of all things local – a family striving to create changes in the agricultural industry that would revamp our struggling economy. Farm Aid 2012 was truly a family affair. Willie Nelson, Neil Young, John Mellencamp, and Dave Matthews were joined by close to a dozen other musical acts at this year’s benefit concert. All of the performers paid 40 | Transactions | www.pacb.org
for their own travel expenses and played their set lists free of charge. The entire collection of concert memorabilia—from t-shirts to posters to cowboy hat—was donated by local family-owned businesses. All of the “normal” concession food was replaced by organic food provided by family farmers as part of the “Homegrown Village.” These details helped to ensure that the income generated throughout the day would be put to good use helping family farmers survive. KEEP AMERICA GROWING! “Keep America Growing!” Farm Aid lives by this message every day. Over the course of the past 27 years, Farm Aid has raised more than $40 million to help family farmers keep their businesses alive. With the money they raise, the organization funds farm support organizations through their Farmer Resource Network. With the Farmer Resource Network, Farm Aid helps family farmers find assistance in many different areas in order to support their farms and keep the “Good Food Movement” alive.
By: Eric Kovac
THE GOOD FOOD MOVEMENT The “Good Food Movement” is truly a celebration of keeping agriculture local. The idea is simple—when you eat food produced by family farmers, there is no question as to what you are eating. You are enjoying a meal that comes directly from the farm to your table. There is no middle man. When you purchase food from a local farmer, you are putting your money directly into helping their family farm survive, grow, and produce food for others to enjoy. Farm Aid Co-Founder John Mellencamp is quoted on the organization’s website as saying, “We all see what’s happening with agriculture, what’s happening to our small towns. They are going out of business. That’s a direct result of the farm problem. We’re still doing Farm Aid because it is contributing. It’s doing a job.” Sound familiar? Farm Aid and PACB are both engaged in a similar battle. Burdensome regulations are rapidly driving the small family establishments, be it family farms or community banks, to the
brink of extinction while the “mega” establishments in the industries are not even batting an eye. Much like the family farming industry, community banks need to band together to make their collective voices heard. The regulators need to realize what is happening on Main Street. Together, we can effect change in America. “Keep America Growing!” If you are interrested in submitting an article to Transactions Magazine for publication consideration, please contact me at eric@pacb.org or 717-231-7447.
www.pacb.org | Transactions | 41
FIVE MINUTES
WITH CONGRESSMAN
TIM MURPHY TIM ARTHUN (TA): Prior to being elected to Congress you served as a State Senator for the 37th Senate District. How is your work in the Congress different from your time in the State Senate?
ing Southwestern Pennsylvania’s unique energy resources in coal, natural gas, and nuclear power; protect steel and manufacturing jobs; expand access to affordable quality healthcare; and cut spending and the size of government.
CONGRESSMAN TIM MURPHY (TM): While I now During the past year and a half, I’ve also dedicated signifirepresent more communities as a federal lawmaker, I re- cant efforts to working in support of local veterans and milmain just as focused on itary families. Legislation I listening to the needs of authored (HR 3911) served MY CONSTITUENTS KNOW I WILL BE my constituents. The work as the basis for a September I do in Congress is driven 2012 law keeping the 911th THEIR VOICE IN CONGRESS AND I by the issues important to Airlift Wing near the PittsSTRIVE EVERY DAY TO DO THAT BY Southwestern Pennsylvaburgh International Airnia families. For example, SUPPORTING AND WRITING LEGISLATION. port open and operational I’ve recently spent a great in spite of a proposal from deal of time meeting with the Pentagon to close it. The business owners, local elected officials, and municipal en- 911th is one of the most highly-decorated and cost-effective gineers to find a solution to persistent flooding of nearby Air Force bases in the country. Through a series of meetcreeks. Torrential rainfalls and subsequent flooding dam- ings with Air Force officials, formal requests for informaaged some businesses—from destroying equipment to tion, data analysis, and community engagement, we proved loss of productive work time. The flooding also threatens the Air Force had relied upon inaccurate data and faulty homes, so finding a solution is critical to the well being of assumptions about the base’s capabilities, space, and cost the entire community. structure. The base remains open while we work to permanently save it. My constituents know I will be their voice in Congress and I strive every day to do that by supporting and writing (TA): You were first elected to Congress in 2002 and began legislation to keep taxes low; rebuild our country’s aging serving in 2003. What do you consider to be your greatest infrastructure; secure our energy independence by utiliz- accomplishment during your time in Congress? 42 | Transactions | www.pacb.org
(TM): From saving the 911th to expanding access to affordable life-saving generic medications for seniors to working as Chairman of the Steel Caucus to keep manufacturing jobs here, our accomplishments come from focusing on the needs of families in Southwestern Pennsylvania. For instance, in spring 2005, Moon Township teenagers Marc and Chelsea Rateau arrived home from school unaware that the utility workers they just walked past ruptured a gas line, and gas was leaking into their house. Several hours passed, and they were never warned of the leak nor told to evacuate. That afternoon, their home exploded. Miraculously,
(TA): Currently you serve on the House Committee on Energy and Commerce. What are some of the challenges you face in this assignment? (TM): As a member of the Energy and Commerce Committee, one of my top priorities is advancing legislation that will lower gas and electricity prices for American families. I introduced the bipartisan Infrastructure Jobs and Energy Independence Act (HR 1861) to dedicate new federal revenues from expanded exploration of oil and gas resources off of coasts toward repair of our crumbling roads, bridges
My focus has always been on
IMPROVING THE LIVES OF OUR PATIENTS Marc and Chelsea survived, but their injuries could have been prevented had emergency personnel been notified. That accident resulted in the Pipeline Safety Emergency Notification Act, which I wrote soon after that incident and was signed into law in 2006. Now, if a gas line is ruptured, a contractor must call 911 and notify emergency personnel to determine if the area needs to be evacuated. This law is a positive step forward to protect families and the community from harm if there is any potential danger when a gas leak is detected.
and infrastructure. My bill not only rebuilds America while helping us become energy independent without raising taxes or debt, it will also create 1.2 million jobs annually while generating $8 trillion in economic output. In fact, a lot of the new jobs will be created right here in Southwestern Pennsylvania with design work of new nuclear reactors, steel made for oil and gas drill pipe, and development of clean coal technologies at local research labs. (TA): As a Lieutenant Commander in the US Naval Reserve Medical Service Corps you have been a vocal ad-
www.pacb.org | Transactions | 43
vocate for veterans’ health care treatment with regard to traumatic brain injuries (TBI) and post-traumatic stress disorder (PTSD). How does your background as a psychologist influence your work in Congress and on behalf of your constituency? (TM): A few years ago, I was seeing too many of our young uniformed men and women return home with TBI and PTSD. They were not getting the treatment they needed because of a shortage of trained personnel within the military. With my background as a psychologist, I knew there was more I could be doing to help. Three years ago, I was commissioned as officer in the Navy Reserve and have since been working with wounded warriors at Walter Reed National Military Medical Center in Bethesda. I am both inspired by their sacrifice, and honored to work with such determined soldiers. To help fill the shortage of military mental health professionals, I authored the ‘Invisible Wounds of War’ amendment in the 2012 Defense Authorization Act. This directive requires the Surgeons General of the Army, Navy, and Air Force to report to Congress on military mental health staffing needs and make recommendations on how to recruit additional In January 2011 Congressman Tim Murphy began serving his fifth term in Congress representing the 18th District of Pennsylvania, encompassing the South Hills of Pittsburgh and portions of Washington and Westmoreland counties. Congressman Murphy relies on his three decades as a psychologist to advocate for meaningful reforms in the U.S. healthcare system. As one of only a handful of members of Congress with a background in healthcare, Tim quickly established himself as a leader on the issue. He is Co-chair of the Mental Health Caucus and GOP Doctors Caucus, giving him a platform to educate other members of Congress and the public on ways to make healthcare more affordable and accessible for all families. Representing Southwestern Pennsylvania, a world leader in the research, development, and transmission of energy, Congressman Murphy is a member of the House Energy and Commerce Committee and serves as the Vice-Chair of the Subcommittee on Environment and Economy. He sits on two additional subcommittees: Health and Oversight and Investigations. Congressman Murphy also founded the Congressional Natural Gas Caucus to educate and formulate policies focused on the environmentallyfriendly, responsible production of natural gas to help meet the country’s energy needs. In June 2011, Congressman Murphy was appointed to the Speaker’s Select Task Force on Cyber security, which was tasked with making recommendations on cyber security authorities, information-sharing and public-
44 | Transactions | www.pacb.org
medical specialty and behavioral health professionals with existing clinical experience. Beyond serving those who serve us, I’ve worked with members on both sides of the aisle to strengthen Medicare for our seniors, expand access to affordable generic medications, and end the discriminatory practice of charging higher copays to seniors on Medicare seeking mental health treatment. And before coming to Washington, I authored the historic Pennsylvania Patient Bill of Rights and increased funding for medical research in the State Senate, so my focus has always been on improving the lives of our patients and helping Southwestern Pennsylvanian’s receive the quality care they need at an affordable price. (TA): I know you keep an extraordinary schedule, but can you share a little bit with us about your personal life? What do you like to do in your spare time? (TM): Spare time is hard to come by these days! I try to jog and exercise when I can—exercising is a great way to reduce stress. I also try to take time to read and I’ve recently enjoyed Marcus Luttrell’s Lone Survivor, Michael Oren’s Power, Faith, and Fantasy and Pete McCarthy’s McCarthy’s Bar. private partnerships, critical infrastructure, and domestic legal frameworks. Legislation accomplishments include authoring the Seniors Access to Mental Health Act, which ended the discriminatory practice of charging higher co-pays to seniors on Medicare seeking mental healthcare. He also introduced the Mental Health Security for American Families in Education Act and passed legislation into law to get college students suffering from depression or other mental illnesses the help they need before tragedy strikes. Congressman Murphy also introduced the Pipeline Safety Emergency Notification Act, better known as “Marc and Chelsea’s Law,” which has improved community emergency notification procedures when a gas pipeline is ruptured. Before coming to Congress, Congressman Murphy served in the Pennsylvania State Senate from 19972002. There he penned the state’s historic Patient Bill of Rights and increased funding for medical research, while consistently supporting responsible fiscal management of government to promote job creation and reduce the tax burden on families. Congressman Murphy also serves as a Lieutenant Commander in the U.S. Navy Reserve Medical Service Corps, working with wounded warriors with Traumatic Brain Injury and Post Traumatic Stress Disorder. He and his wife Nan now reside in Upper St. Clair with their daughter, Bevin.
N
THE PUBLICATION OF THE PENNSYLVANIA ASSOCIATION OF COMMUNITY BANKERS
Pennsylvania’s Community Banks. For people and their neighborhoods.
Beginning in December, in every issue of Transactions magazine, we would like to include updates from you, our member banks, regarding newsworthy happenings in your banking facilities. LET US KNOW ABOUT: • Branch Openings • Awards or Recognition • Special Staff Training or Education • Individual Promotions or Hirings
• New Facilities • New Customer Services • Community Involvement • Anniversaries or Celebrations
For publication consideration, please email press releases to Eric Kovac, Publications Manager, at eric@pacb.org. To ensure timely delivery in each issue of Transactions magazine, all entries must be received by the 10th of the preceeding month.
News From You www.pacb.org | Transactions | 45
PACB welcomes our
NEW ASSOCIATE MEMBER
For more than 48 years, BBVA Compass has been a leading provider of correspondent banking and investment banking services. As a full service provider, they offer specialized online banking , automated Fed Settlement, domestic & international wire, ACH organization, Fed Funds Lines and purchase, Loan Participations, Sweep, Investment Sales, Bond Accounting, Safekeeping, A/L management and more. CONTACT INFORMATION: Ryan Wach Vice President 15 South 20th Street Suite 104 Birmingham, AL 35233 P: 732-927-0411 F: 205-524-3195 ryan.wach@bbvacompass.com www.bbvacompass.com
THE PUBLICATION OF THE PENNSYLVANIA ASSOCIATION OF COMMUNITY BANKERS
Pennsylvania’s Community Banks. For people and their neighborhoods.
LIKE WHAT YOU SEE? WANT MORE?
SUBSCRIBE TODAY!
Each issue of Transactions is overflowing with timely news and information concerning all aspects of community banking, including: PACB Member Spotlights, Legislative Updates From the State and Federal Levels, Vendor News, Regulatory Issues Impacting Community Banks, Hot Topics, and New Products and Services Announcements! PACB Members & Associate Members:
$60 PER SUBSCRIPTION (Non-Members: $84 per subscription)
www.pacb.org/transactions 46 | Transactions | www.pacb.org
Register Today! Webinar & Telephone Seminars November
December
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The March 2012 Deadline Has Passed: Do Your ATMs Meet ADA Accessibility Requirements? Elizabeth Fast, JD & CPA, Bankers Choice Top 10 IRA Issues: Compliance, Reporting, Death & Distributions Deborah L. Crawford, gettechnical inc Being Prepared For Regulatory Exams Kenneth Proctor, Abound Resources The Board’s Role With The Loan Committee Ann Brode, Brode Consulting Services, Inc. Advanced Collection Tools David L. Osburn, MBA, Osburn & Associates, LLC Wire Transfer Compliance Rhonda Hudson, Compliance +, Inc. Bank Protection Act Robbery Preparedness For All Staff Barry Thompson, CRCM, Thompson Consulting Group, LLC Legal Update - Loans: 2012 In Review Elizabeth Fast, JD & CPA, Bankers Choice Best Practices In IT Risk Assessment Programs Dr. Kevin Streff, Secure Banking Solutions Regulation E Alert: New Requirements For Consumer Foreign Remittance Transfers: Deadline February 7, 2013 Deborah L. Crawford, gettechnical inc
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Opening Trust Accounts: Documenting Authority & Liability Deborah L. Crawford, gettechnical inc Escrow Account Compliance Ann Brode, Brode Consulting Services, Inc. ALLL: Dissecting Loan Loss Reserves S. Wayne Linder, Young & Associates, Inc. Legal Update - Deposit Operations: 2012 In Review Elizabeth Fast, JD & CPA, Bankers Choice The Four Components of a Social Technology Strategy: Making Them Work at Your Bank Eric Cook, WSI Internet Consulting Completing the New CTR Report Line-By-Line Deborah L. Crawford, gettechnical inc Really Understanding the “Midnight Deadline” for Processing Returns Mary Gilmeister, Wacha & Ellen J. Heffner, ECCHO Commercial Property Appraisal Compliance Elizabeth Fast, JD & CPA, Bankers Choice
www.pacb.org | Transactions | 47
PRSRT STD U.S. POSTAGE PAID HARRISBURG PA PERMIT NO. 547 2405 N. FRONT STREET P.O. BOX 5319 HARRISBURG, PA 17110 RETURN SERVICE REQUESTED
PACB PREFERRED VENDORS JUST ANOTHER VALUE INCLUDED IN THE PRICE OF PACB MEMBERSHIP! PACB PREFERRED VENDORS OFTEN OFFER DISCOUNTS OR PROMOTIONS ON PRODUCTS AND SERVICES TO PACB MEMBERS.
CALL PACB AT 717-231-7447 TO FIND OUT HOW YOUR ORGANIZATION CAN BECOME PART OF THIS SELECT GROUP OF PROFESSIONAL FIRMS. WITH THE EXCEPTION OF OFFICIAL ANNOUNCEMENTS, THE PENNSYLVANIA ASSOCIATION OF COMMUNITY BANKERS AND STAFF DISCLAIM RESPONSIBILITY FOR OPINIONS EXPRESSED AND STATEMENTS MADE IN TRANSACTIONS. THIS PUBLICATION IS INTENDED AND DESIGNED TO PROVIDE ACCURATE AND AUTHORITATIVE INFORMATION, NOT TO PROVIDE LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL SERVICES.