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reconvene regular meeting: 7:00 pm - Irvine Unified School District

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with a maximum weighted average maturity of 18 months. The investments in the Pools are marked to<br />

market daily to determine the value of the Pools. To further maintain safety, the Chief Financial Officer of<br />

the County (the “Chief Financial Officer”) is required to adhere to an investment strategy of diversification<br />

in regard to instruments and maturities, as well as maintain internal controls for proper accounting and<br />

reporting, compliance, document safekeeping, collateralization and qualified financial broker-dealers. For<br />

details on the composition of the Educational Pool, see “- Composition of the Educational Pool” below.<br />

The Participants use the Educational Pool to, among other things, invest and manage school<br />

moneys for such accounts. In prior years, the County Treasurer has deposited proceeds from the SCLEA<br />

Pooled Tax and Revenue Anticipation Note Program in the Educational Pool, which pursuant to the<br />

Investment Policy (defined herein) is apportioned between the Extended Fund and the Educational Money<br />

Market Fund. The ratio of apportionment is presently approximately one-half to the Extended Fund and<br />

one-half to the Educational Money Market Fund and may be modified from time to time. While the intent<br />

of the Participants is to invest all or a portion of any amounts on deposit in their Payment Accounts in the<br />

Educational Pool, the Trust Agreement permits the Participants to invest said monies in any of the<br />

Permitted Investments directly through the Trustee. See also Appendix B – “Summary of the Trust<br />

Agreement - Investments” attached hereto.<br />

General Statutory Requirements. Senate Bill 866, enacted by the California Legislature and<br />

generally effective January 1, 1996, added Sections 27130 through 27137 to the California Government<br />

Code requiring the board of supervisors in a county investing surplus funds to establish a treasury<br />

oversight committee. Senate Bill 866 was modified by Senate Bill 864, which became effective on<br />

July 11, 1996. In general, these provisions (i) require the treasury oversight committee to consist of<br />

between three and eleven members nominated by the treasurer, and confirmed by the board of supervisors;<br />

(ii) prohibit committee members from raising money for the treasurer or the board of supervisors (or<br />

candidates for such offices) and restrict employment by members of the committee; (iii) require the annual<br />

preparation of an investment policy to be reviewed and monitored by the treasury oversight committee,<br />

which shall include, among other things, a list of the type of securities in which the county treasury may<br />

invest and the maximum term of such securities, criteria for the selection of securities in which the county<br />

treasury may invest and the maximum term of such securities, criteria for the selection of security brokers<br />

and dealers, the requirement that the county treasurer provide the oversight committee with an investment<br />

report as required by the board of supervisors, the manner of calculating and apportioning administrative<br />

costs relating to the investment, handling and managing of funds, and criteria for considering requests to<br />

withdraw funds from the county treasury; (iv) require performance of an annual audit by the treasury<br />

oversight committee to ensure compliance with established investment policies; and (v) permit the<br />

treasurer to grant withdrawal requests for the purposes of investing or depositing such funds outside of the<br />

treasury pool only upon a finding by the treasurer that the withdrawal will not adversely affect the other<br />

depositors in the pool.<br />

In addition, Senate Bill 866 added Government Code provisions regarding the trust and fiduciary<br />

relationship between the treasurer, those involved in the treasury investment process and the depositors,<br />

investors and participants in the treasury. The legislation adopts the prudent investor standard for<br />

investing, establishes priorities for such public investing (first safety, second liquidity and third return on<br />

the funds invested), placed additional limitations on permitted treasury investments, including restricting<br />

the use of reverse repurchase agreement and certain derivative instruments. Senate Bill 564, effective<br />

January 1, 1996, establishes reporting requirements for the treasury in addition to those currently required.<br />

Specific Compliance by Orange County. On December 19, 1995, the Board of Supervisors of<br />

Orange County (the “Board of Supervisors”) established a Treasury Oversight Committee effective on<br />

January 1, 1996, pursuant to the Government Code requirements. The Chief Financial Officer nominates<br />

12<br />

Page 167<br />

22314.4 033985 POS

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