Commodore Perry FCU Scraps Appeal Over Examiner Harassment
The $32 million Commodore Perry Federal Credit Union has withdrawn its exam appeal to the NCUA Board.
Commodore Perry President Tom Renz stressed the decision does not reflect a change in the credit union’s position regarding its 2011 examination results.
The Oak Harbor, Ohio, credit union still alleges examiner Roger A. Clark retaliated in the form of a riskier CAMEL score after Commodore Perry officials reported he had harassed and bullied employees.
“We believe those results were tainted and we can show that factual errors were made by the NCUA throughout the appellate process,” Renz t0ld Credit Union Times in an interview Tuesday night.
- Jan. 22, 2013 NCUA Grants Commodore Perry Extension
- Dec. 19, 2012 NCUA Rejects Commodore Perry Appeal
- Nov. 2, 2012 NCUA OIG Denies Request for Report
- Oct. 25, 2012 Appeals Panel Can Toss Commodore Perry Exam Findings
- Oct. 3, 2012 Ohio CU Says Examiner Harassed, Bullied, Retaliated
The credit union appealed its 2011 exam results all the way to the NCUA’s Supervisory Review Committee, which heard the case Nov. 7, 2012, but officially denied the appeal Dec. 19.
However, NCUA Chairman Debbie Matz granted Commodore Perry a 60-day extension to work out some details with Regional Director Herb Yolles, and set a new deadline of March 18.
Renz said the 5,000-member credit union will abandon the NCUA’s “flawed, expensive and contentious” appellate process, and will instead devote resources toward working constructively to improve the process for the benefit of the industry.
“It is our belief that these problems are more important to the industry than the CAMEL scores in question, which have since improved, are to our organization,” he said.
NCUA spokesman John Fairbanks said late Tuesday the NCUA had just received the credit union’s letter notifying the agency it had officially scrapped the appeal fight, and would provide a response after a careful review.
Going forward, Renz said Commodore Perry officials will work in close collaboration with the Ohio Credit Union League and CUNA in pursuit of regulatory and legislative changes to the exam appeals process.
OCUL President/CEO Paul Mercer said Wednesday that Commodore Perry’s decision to drop its appeal is a positive one, because the credit union needs to move forward and focus on serving its members.
The credit union’s willingness to make its experience public and share it with the league have helped the advocacy effort by revealing how the examination and appeals process works “on real-world level”, Mercer said.
Renz, who nabbed the Credit Union Times’ 2013 Trailblazer Award for Political Action, said three areas in which the NCUA needs to improve its exam appeals process include a lack of procedural due process, overly vague guidelines for CAMEL scores and the inability of credit unions to appeal issues not addressed in earlier appellate rulings.
While he called NCUA Chairman Debbie Matz, Board Member Michael Fryzel and other high-ranking officials “attentive, respectful, and responsive professionals that legitimately want the best for our industry,” Renz also said his dedication to improving the process should be a “call” to the NCUA to “open the doors to discussion of these topics.”