July 29, 1998
Maxine M. Walter, Manager
Erie Metro Federal Credit Union
3291 Lake Shore Road
Blasdell, New York 14219
Dear Ms. Walters:
You asked whether either of two situations would pose a conflict
of interest for Erie Metro Federal Credit Union. In the first
situation, you have hired the spouse of a teller to perform computer
consulting. In the second situation, you would like to continue
to use a printing service, which folds and mails the credit union
newsletter, that is owned by the spouse of a newly appointed supervisory
committee member. While we have identified no conflict of interest
regulation that prohibits these services by family members, you
should keep in mind limitations that appear in the Federal Credit
Union Bylaws, the need for good internal controls, and the need
to comply with other state and federal requirements.
The FCU Bylaws provide that it is impermissible for a director,
committee member, officer, agent, or employee of an FCU to participate
in any manner, directly or indirectly, in the deliberation or
determination of a question affecting his or her pecuniary interest.
Article XIX, Section 4. Also, there is a standard bylaw amendment,
which your FCU may have adopted, that prohibits the family members
of directors or committee members from being paid employees of
the FCU. Article VIII, Section 7. Also, we note that hiring
the spouse of a teller for computer consulting services may pose
an internal control risk. You may consider it helpful to consult
with your examiner regarding such an arrangement. Furthermore,
we would caution you that the fees paid to any third party must
not be excessive. Safety and soundness concerns may be raised
where a credit union pays fees beyond the fair market value to
an outside service provider. Finally, please note that the payment
of such compensation is subject to all state and federal revenue
reporting and record keeping requirements.
Sincerely,
Sheila A. Albin
Associate General Counsel
OGC/DMS:bhs
SSIC 3500
98-0549