The $32 million Commodore Perry Federal Credit Union haswithdrawn its exam appeal to the NCUA Board.

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Commodore Perry President Tom Renz stressed the decision doesnot reflect a change in the credit union's position regarding its2011 examination results.

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The Oak Harbor, Ohio, credit union still alleges examiner RogerA. Clark retaliated in the form of a riskier CAMEL score afterCommodore Perry officials reported he had harassed and bulliedemployees.

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“We believe those results were tainted and we can show thatfactual errors were made by the NCUA throughout the appellateprocess,” Renz t0ld Credit Union Times in an interviewTuesday night.

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The credit union appealed its 2011 exam results all the way tothe NCUA's Supervisory Review Committee, which heard the case Nov.7, 2012, but officially denied the appeal Dec. 19.

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However, NCUA Chairman Debbie Matz granted Commodore Perry a60-day extension towork out some details with Regional Director Herb Yolles, and set anew deadline of March 18.

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Renz said the 5,000-member credit union will abandon the NCUA's“flawed, expensive and contentious” appellate process, and willinstead devote resources toward working constructively to improvethe process for the benefit of the industry.

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“It is our belief that these problems are more important to theindustry than the CAMEL scores in question, which have sinceimproved, are to our organization,” he said.

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NCUA spokesman John Fairbanks said late Tuesday the NCUA hadjust received the credit union's letter notifying the agency it hadofficially scrapped the appeal fight, and would provide a responseafter a careful review.

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Going forward, Renz said Commodore Perry officials will work inclose collaboration with the Ohio Credit Union League and CUNA in pursuit of regulatory andlegislative changes to the exam appeals process.

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OCUL President/CEO Paul Mercer said Wednesday that CommodorePerry's decision to drop its appeal is a positive one, because thecredit union needs to move forward and focus on serving itsmembers.

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The credit union's willingness to make its experience public andshare it with the league have helped the advocacy effort byrevealing how the examination and appeals process works “onreal-world level”, Mercer said.

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Renz, who nabbed the Credit Union Times' 2013 Trailblazer Award for PoliticalAction, said three areas in which the NCUA needs toimprove its exam appeals process include a lack of procedural dueprocess, overly vague guidelines for CAMEL scores and the inabilityof credit unions to appeal issues not addressed in earlierappellate rulings.

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While he called NCUA Chairman Debbie Matz, Board Member MichaelFryzel and other high-ranking officials “attentive, respectful, andresponsive professionals that legitimately want the best for ourindustry,” Renz also said his dedication to improving the processshould be a “call” to the NCUA to “open the doors to discussion ofthese topics.”

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