If your community is typical in America, most of the public school districts in the local area struggle to make ends meet and ensure there are enough financial resources to pay for textbooks, salaries and maintenance. Every few years taxpayers groan at the mention of bond issues or a tax proposal to increase revenue necessary to help our kids acheive the best education possible. Many people differ that this is an efficient way to fund public education at the local level, but it is the model for most districts across the nation.
Yet knowing how difficult it is for many school districts to simply pay for expenses every year, I was amazed to read how several large financial institutions have snookered many Pennsylvania school districts into signing derivative interest rate contracts with exhorbitant hidden fees.
“The Pennsylvania deals show that school districts routinely lose when making derivative deals. They pay fees to banks that are as much as five times higher than typical rates and overpay advisers by as much as 10-fold.”
“In 15 Pennsylvania school districts, officials entered into interest-rate-swap deals worth $28 million since 2003, according to data compiled by Bloomberg. Of that dollar amount, the schools took in $15 million, and banks and advisers got the rest as fees, Bloomberg data show”
I think this has the propensity to turn into a scandal of national proportions, and something the public may be shocked to learn has happened frequently throughout the years.
How can community school district officials explain losing millions of taxpayers dollars with these investments? And how can the government inadvertently sanction these practices by letting them continue? I’m not a big government kind of guy, but in this area I think we need much stronger oversight. From the Bloomberg article above, it sounds like the SEC agrees, but this is not in their regulatory focus.
Christopher Cox, chairman of the U.S. Securities and Exchange Commission, says he’s concerned that municipalities are taking on more risk than in the past when they raised money primarily from bond sales.
“It’s a serious issue, not only in Pennsylvania but across the country,” says Cox, 55, who has headed the SEC since 2005. “That is what we have seen repeatedly. More often than not, the municipalities aren’t configured to have financial sophisticates in charge of these offerings — and the result is that the firms are the only ones who know what’s going on.”
While the SEC doesn’t regulate derivatives, it has authority to oversee how banks conduct transactions. SEC Chairman Cox says all financial firms should tell clients what their fees are before signing any deals. “Brokers and advisers should disclose their compensation and conflicts of interest to their customers, and to the extent that they are regulated by the SEC, they must,” he says.
“Cox also says school district officials have a responsibility to the public and to bond investors to ensure their advisers are actually independent and acting in the best interests of taxpayers. “To the extent that municipalities are participating in transactions they are not qualified for, there is an obligation to get good independent advice,” he says.
Let’s hope more school districts, and other public financial entities, think twice before entering into these types of deals in the future. And if any district is thinking of some type of investment that brings in money for the district, then taxpayers should be aware of the risks and costs as well.
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