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Kamenetz: Council Aware of $21M Pension Loss

County Executive answers question about issue during Sunday appearance on WBAL TV.

County Executive Kevin Kamenetz said Sunday that he and the Baltimore County Council were briefed in 2008 on a with Merrill Lynch.

Kamenetz answered questions about the pension investment Sunday during an interview on WBAL TV.

Kamenetz said Baltimore County, "like many other jurisdictions, were misled" in a 2007 pension investment known as Mainsail II LLC.

The county lost as much as $21 million in the investment. Last week, with members of the Baltimore County Council to discuss a possible lawsuit against Merrill Lynch over the fund that was built on subprime mortgages.

Kamenetz was chairman of the County Council in January 2008 when the council was asked to that would prohibit future investments in such funds.

There are no minutes for the 2008 meeting and notes prepared by the county auditor's office, which works for the County Council, does not reference any losses.

Don Mohler, a county spokesman and chief of staff to Kamenetz, refused to answer questions last week from Patch regarding the 2008 meeting.

Kamenetz, however, did answer the question during his television interview.

"The council was informed," said Kamenetz. "We were aware of the nature of the loss and enacted changes to our bonding portfolio concept so this would not occur again. Now were investigating the opportunity to pursue a cause of action and if we can recover something it would be great."

Kamenetz did not answer questions about existing checks and balances that would have prevented the investment to be made without oversight.

JDStuts April 23, 2012 at 03:08 pm
Highly doubtful they were misled by Merrill Lynch, that's just the easy target since all the Mainsail products were born from Solent Captial - good luck trying to recover there. BaCo's gripe is more likely Merrill's inability to get them out of it quick enough. But that's the risk when you get into products with mezzanine notes and commercial paper.
They are being tight lipped since they are probably looking to play the "victim of Wall Street." The real story here is someone in the county signed off on it. This headline could easily read: "County Officials Fail in Fiduciary Responsibilities. Elected Board's Mismanagement Leads to Huge Loss"
Buzz Beeler April 23, 2012 at 05:12 pm
My question is who was the broker and were they any ties to the county. It's not like the Avon lady calling.
This quote is troubling. "Kamenetz said Baltimore County, "like many other jurisdictions, were misled" in a 2007 pension investment known as Mainsail II LLC." Who was misled? The council, the board, Homan, the Avon lady? Who cooked the deal, that is the $21 million dollar question. Then we have this: "There are no minutes for the 2008 meeting and notes prepared by the county auditor's office, which works for the County Council, does not reference any losses." Twenty one mill walks out the door and no one takes - note - of it. And finally this comment: "Don Mohler, a county spokesman and chief of staff to Kamenetz, refused to answer questions last week from Patch regarding the 2008 meeting." When mum is the word, that generally is not a good sign.
brenda ruminer April 23, 2012 at 06:37 pm
I have an idea. Have the Patch reporter file a record request with the council, auditor and executive office asking for drafts and final versions of any documents, memos or correspondence of any sort relating to this alleged "briefing." Also, if the Council WAS briefed, they and the Auditor will have breached their fiduciary duties as the fiscal authorities of County Government. So if Mr. Kamenetz is correct about the briefing, the body was told about a $21M loss 4 years ago, AND DID NOTHING? Didn't anyone recommend filing a suit? Or was the thought to wait 5 years and then file suit after the statute of limitations had run? This comment has opened up a whole new can of worms, and I hope the reporter continues to follow this story.
jake garmel April 23, 2012 at 07:02 pm
Since this bombshell hit last week, there has been a lot of discussion about what the council and/or executive branches did or didn't do in response to this huge loss. But there has been no mention made of the Retirement System Board of Trustees. Was that board briefed on the loss? If so, by whom and when? I think that board keeps minutes of all their meetings, so if it isn't in their minutes, we can safely assume no such briefing occurred. Also, if that Board was briefed, and took no action, they would have committed a serious breach of their duties to act as fiduciaries for this $1M trust fund. These questions need to be answered.
Also, what employee or employees made this investment? Was it authorized? Does he or she still work for the County? So many questions.......so few answers.
JDStuts April 23, 2012 at 07:02 pm
The lawsuit is a red herring. The issue isn't fraud or lack of due diligence on behalf of the trader or corporate management. Solent Capital has been pursued on this angle of attack and nothing indicates they presented anything deceitful about the product. It stands to reason Merrill is fine as well, as I said above, the county probable expected to get unwound from the position quicker to cut its losses.
What's likely is someone in the county made the recommendation to invest in Main Sail II. Main Sail is contrary investing action. They doubled down when the crash happened. Bill Miller at Legg Mason Value Trust made a similar bet with Freddie and Fannie during the crash - somewhere around 30 million shares as it nose dived. I think this is why Brian's story is so dangerous - is it isn't always the action, it is the cover up that gets you. Mainsail was a dog, it happens, that's the risk in investing. Now who and why someone in BaCo brought this dog home is the real question. Said it before, if I was a new council member I'd call the Feds and get out ahead of it before you get tainted. After a couple of closed door sessions you're then a player.
Emma Norton April 23, 2012 at 10:23 pm
...the only reason Kamenetz answered the question was because HE DID NOT SEE IT COMING! Otherwise, he (like Mohler) would continue with the same rhetoric of "NO COMMENT". Kamenetz is a coward, and he is trying to make the entire pension issue just disappear! ...Just another example of why a formal INVESTIGATION needs to take place!
To add to my disgust, why isn't the council taking the front seat on this one. They are as bad as Kamenetz by enabling allowing private meetings. Didn't Kamenetz himself promise complete transparency in his own ethics bill?
John L. April 24, 2012 at 12:05 pm
This smacks as who did the 'broker' know to get the investment? Now that Merrill Lynch has been bought up by The Bank of America, I don't think any lawsuit of this type will get anywhere. The County Council must be more mindful of these 'deals' that sound too good to be true. Politics is an awful business and the County sure did make a big mistake here, bu then that could have been Fred's fault as well. Wonder what he has to say?
lemmy winks April 24, 2012 at 12:11 pm
we will never know what Fred has to say, because he and Mohler keep saying no comment. In this scenario, silence is most certainly not golden! If the council was briefed, why wasn't the meeting public? Was a quorum of the members in attendance? if not, were the absent members ever briefed? In what fashion and by whom? But more importantly, what is the executive trying to cover up? By saying he was briefed, it now begs the question of what you did with the information. Did they forget this is public money! he was told at a time when some action could have been taken to mitigate the loss.....something really stinks....
Michael Smith April 24, 2012 at 01:28 pm
Maybe this is what Fred Holman has been holding back in his deck of cards ......
Bart April 24, 2012 at 02:01 pm
Wow. Missing minutes, KK is all p o'd at the Councilmen who dared to vote against his ill-advised and downright slimy attempt to reduce future pension benefits to County employees. Something's just not right here.
Buzz Beeler April 24, 2012 at 02:47 pm
Someone had to hatch this deal. Someone had to bring it forward, like a PUD. Connect the dots. I find it hard to believe that the pension board all got on the same bus and drove it off a cliff.
The charter is very specific about how this money is to be handled. Were the rules followed in this venture. Who approached who and what was said. It's a little like, I've got this great deal on the Brooklyn Bridge. Again I say $600,000 to $1 million is a lot of money for a broker on a deal like this and knowing the right person is a deal maker.
charles richardson April 24, 2012 at 10:58 pm
Please tone down the rhetoric. I just recently joined patch, find it to be a great vehicle for local information but the posts I've read border on fringe of society. The fringe of the right or left are out of the mainstream thought. Reading about the investment is disturbing to say the least. But history tells us that the entire system was on the verge of collapse so Baltimore County was not alone. This does not make the investment a criminal matter. It may be a huge error of judgement and perhaps policy and procedure were not followed. An investigation into the matter will bear that out. Criminal, let's hold on that thought, give this administration an opportunity to review the checks and balances. If policy was not followed, if there were acts that rise to the level of a dismissal then and only then take that step. Just to have this issue give the fringe elements, both supportive and negative, a platform for spewing their venom doesn't make sense nor does it help any citizen of Baltimore County.
momoftheyear April 25, 2012 at 01:15 am
Charles. the reason for the 'venom' is that many of us both on and off this blog are simply sick of the way Kevin Kamenetz does business. He is feuding with the council, delegates, senators, county employees, and anyone else who disagrees with him. He is rude to constituents and I believe does not have the county's best interests at heart. That is why you see the anger on here. Issue after issue after issue. I am a parent and was really excited about the school board reform proposed by Lafferty, Brochin and others. And in swoops Kevin to kill it even though I think it is clear that this is what citizens of the county want. He really has been awful. I am not political and I didn't vote for Kevin Kamenetz but I wanted him to be good. He has been a disappointment in my opinion. Just my thoughts.
Bart April 25, 2012 at 02:42 am
As with "Watergate", the big problem is not so much the action, but the attempt to try and cover it up. Kamenetz it trying to cover i tup, saying that the council already knew about it, yet none of the minutes of any meeting include this discussion. He's trying to cover up a big mistake, or misjudgment on the part of the county council.
Mohler and Homan are propping him up, and the citizens are sick to death of it. I heard that Kamenetz appeared at a recent meeting of the Baltimore County Licensed Beverage Associaion and was "booed". A whole lot of people, of all parties and persuasions are not happy with Kamenetz.
Buzz Beeler April 25, 2012 at 03:37 am
Charles, I would say that what you are reading is what is called public discourse. That is an intricate part of the process.
To you it may be rhetoric, but to others it may be a valid concern. It doesn't help when those responsible choose to remain silent. You are engaging in the same rhetoric by making an assumption as to the cause of the loss. You may be right, or you may be wrong, as in the same manor each of us individuals also have an opinion.

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