January/February 2017 • Volume 105 • Number 1 THE TENNESSEE BANKER
MEMBER FEATURE Banc3's Frank Cianciola PAGE 14 PLUS Explore trends from the 2016 TBA Compensation and Benefits Survey PAGE 40 THINKING ABOUT RETIREMENT?
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211 Athens Way, Ste 100 A wholly owned subsidiary of the Tennessee Bankers Association Nashville, TN 37228-1383 FinancialPSI.com THE TENNESSEE BANKER Published bi-monthly by the Tennessee Bankers Association COLIN BARRETT / Editor TYLER NELSON / Managing Editor IN THIS ISSUE January/February 2017 | Volume CV | Number 1 20 THE MOMENT 20 Credit Conference speaker Dave Sanderson explains how to “lock in” when life gets chaotic
Q&A WITH CONGRESSMAN 31 DAVID KUSTOFF Congressman Kustoff talks 31 with The Tennessee Banker about the banking industry, West Tennessee, and more.
BUILDING LEGENDS THROUGH EMPLOYEE ENGAGEMENT 32 Britney Campbell of Legends Bank examines ways to get the most out of your employees 32
THE BATTLE FOR TALENT 40 Trends from the 2016 TBA 40 Compensation and Benefits Survey
TNBankers.org | January/February 2017 | 3 MORE IN THIS ISSUE
6 From the Executive Office—Colin Barrett: OFFICERS What to expect in Washington in 2017 GORDON MAJORS, Chairman 7 TBA Online The Hardin County Bank, Savannah 8 On the Hill— Tim Amos: LEE M. MOSS, Chairman-elect Preview of what's ahead Franklin Synergy Bank, Murfreesboro for the Tennessee General Assembly 8 JOHN MUSE, Vice Chairman 10 BankPac reaches new milestone in 2016 Farmers State Bank, Mountain City 12 ABA Washington Update—Rob Nichols: How banks can tackle the student debt crisis STAFF ADMINISTRATION 14 Member Feature—Frank Cianciola Champion of the underdog, Banc3's COLIN BARRETT, President Cianciola starting small again, STACEY LANGFORD, Sr. Vice President thinking big of Membership 23 TBA's 127th Annual Meeting: STEVE CURTIS, Vice President • Reserve your room at The Ritz-Carlton, Naples of Information Technology • Learn about the guest activities 14 SHARON JUSTICE-MCCRAY, Vice President • Explore all Naples has to offer of Human Resources/Facilities 30 Banker to Banker—TBA staff members PENNY L. POWLAS, Executive Assistant, highlight must-dos for 2017 Administration/Legal 31 Q&A with Congressman David Kustoff T’LANIE LUU, Member Services Specialist 34 TBA Endorsed Partner SANDRA JOHNSON —David Still, Promontory Interfinancial Network: Why the impact of MMF reform Training Center Coordinator could be a boon for community banks LACY YORK, Receptionist 36 TBA Endorsed Partner —Jonathan W. Biggs, ACCOUNTING/INSURANCE Investors Title Insurance Company: Helpful tips for wire transfer 23 ANGELA D. GRIFFIN, CPA fraud prevention Executive Vice President/CFO 38 Q&A with Executive Development MIKE AILINGER, Staff Accountant Academy instructor Daniel LeBreton, Ph.D. SHEMEKA GREER, Accounts Receivable Clerk/ 44 ICBA Column—Jim Reber Accounts Payable Clerk and Arne Monson: Two-sided SBA market doubles your chance for success LEGAL/GOVERNMENT RELATIONS 46 Guest Column —John C. Speer, Bass, Berry & Sims: TIMOTHY L. AMOS, Executive Vice President/ FinCEN SAR filing advisory General Counsel expands reporting of cyber threats AMY HEASLET, Sr. Vice President/ 48 Guest Column—Liz Little, SHAZAM: 50 Deputy Counsel Brute force attack fraud attempts starting to reappear EDUCATION 50 Event Recap: Trust & Wealth Management Conference DEBBIE M. BRICKLES, IOM Sr. Vice President of Training and Development 54 Guest Column—Eric Stevens, Littler Mendelson: Preparing for 2018 SUSAN R. TAYLOR, CMP ON THE COVER Sr. Vice President of Professional Development 55 People on the Move/Bank Notes/ The Ritz-Carlton in Naples, Community Corner MONIQUE JENKINS Fla. is the site for TBA's 127th Education Services Specialist 58 Employment Opportunities Annual Meeting, June 4–6. 60 Featured Events PHOTO PROVIDED BY: COMMUNICATIONS 62 From the Vault NAPLES, MARCO ISLAND, EVERGLADES CONVENTION TYLER NELSON, Director of Communications 63 TBA Professional Development Calendar & VISITORS BUREAU MATT RADFORD, Creative Director The Tennessee Banker (ISSN 0040-3199) is published bi-monthly by the Tennessee Bankers Association, 211 Athens Way, LILA GRIFFIN, Proofreader Ste 100, Nashville, TN 37228-1381; telephone 615-244-4871. Advertising rates available upon request. Subscriptions: $40.00 per year for TBA members; $55.00 for nonmembers; single copies, $6. Tennessee residents add 9.25% sales tax. Periodicals postage paid at Nashville, TN. POSTMASTER: send address changes to The Tennessee Banker, 211 Athens Way, CONTRIBUTORS Ste 100, Nashville, TN 37228-1381. KEITH MILES, Partner, McNeely Pigott & Fox Public Relations Copyright © 2017, Tennessee Bankers Association; all rights reserved. The Tennessee Bankers Association disclaims all responsibility for opinion expressed in addresses, papers, or communications published in The Tennessee Banker unless ROGER SHIRLEY, Editorial Director, such opinion has been endorsed by the Tennessee Bankers Association. McNeely Pigott & Fox Public Relations
4 | January/February 2017 | TNBankers.org GO TO
RISK, VENDOR AND CONTRACT MANAGEMENT
Ncontracts is the leading provider of risk and vendor management software and services to financial institutions. Tennessee bankers trust our comprehensive and secure online product suite backed by an exceptional team of legal, financial and technology professionals. We are here to make your job easier and get you a little closer to your happy place. www.ncontracts.com FROM THE EXECUTIVE OFFICE What to expect in Washington in 2017
Election night has always been my fam- SENATE ily’s Super Bowl. We have our laptops open With the Senate retaining a slight Republican to Politico, our phones following the Secretary majority, Mike Crapo (R-ID) will replace outgo- of State’s Twitter feed for statewide results, and ing Chairman Richard Shelby (R-AL) as Senate the television flipping from channel to channel, Banking Committee chairman. Sen. Crapo is always ending up on John King’s electoral map. known for working well with both Republicans However, this year was different. My wife and Democrats, something that held his prede- COLIN BARRETT Rachel, a political consultant, was participating cessor back in moving regulatory relief in the President, Tennessee Bankers Association in election coverage on our local Fox affiliate. last Congress. Crapo has said the committee William, my son, was asleep by 7 p.m. as he was will look at housing market reforms, reducing THREE still adjusting to the rigors of kindergarten. So regulations for community banks, and making our dog, Charlie, kept me company on the couch changes to the Dodd-Frank Act. THINGS to watch the returns. There was no doubt in my And with Senators Sherrod Brown (D-OH) TO DO mind that it was going to be an early night. In and Jon Tester (D-MT) stating that they are open fact, earlier in the day I confidently told TBA to regulatory relief, Crapo is in a good position 1. Chairman Gordon Majors that Hillary Clinton to build a bipartisan consensus that could move Make plans to join us would be declared the winner by 9:15 p.m. legislation in a closely divided Senate. for the TBA Washington Not even close. Conference May 8-10. By midnight, I had received texts and phone CFPB We will meet with our congressional calls from bankers across the state—some Currently, the CFPB finds itself in a state of un- delegation and excited, some disappointed—and all were certainty. In October, the United States Court of regulatory agencies. shocked. And everyone was wondering what a Appeals for the D.C. Circuit ruled that the CFPB This is the year to Donald Trump Presidency would mean. structure of a single director that is unable to be be in D.C. For more We are now just over a week away from the removed except for cause is unconstitutional. information, contact Penny Powlas at beginning of the Trump Administration. And Unless the Bureau is successful with its appeal, [email protected]. while Supreme Court justices and the Afford- the director will serve at the will of the Presi- able Care Act will likely get the majority of dent. Meanwhile, Trump has appointed Paul At- 2. the attention during President Trump’s first kins, a former SEC Commissioner and opponent Support our friends 100 days, 2017 has the potential to be a game of regulation, to the CFPB “landing team.” in Gatlinburg changing year for the banking industry. by visiting FDIC, OCC, AND FEDERAL RESERVE APPOINTMENTS TNBankers.org/gatlinburg HOUSE The appointments by President Trump to the and making a contri- Chairman Jeb Hensarling (R-TX) will con- federal regulatory agencies will be significant bution to support our fellow Tennesseans tinue to lead the House Financial Services for banking. At the OCC, Comptroller Tom Cur- who have been Committee, and the recent election has done ry’s term ends this April. FDIC Chairman Mar- impacted by the recent nothing to slow down his ambitious agenda. tin Gruenberg’s term ends in November. And wildfires. His Financial Choice Act (which passed in Federal Reserve Chairman Janet Yellen’s term committee last year along party lines) would comes to an end in February 2018, and President 3. exempt banks from certain regulations in Trump will fill two open seats on the board. Ignore the cold weather exchange for higher capital requirements, re- outside and start place the CFPB’s sole director with a bipartisan TIME TO ENGAGE thinking about the commission, and subject the Bureau’s budget If we are going to have success in advancing beach. Reservations are now available to Congressional oversight. Hensarling has the agenda of Tennessee banking, now is the for the 2017 Annual recently said he is willing to listen to “advice time. TBA will be in Washington five times Meeting for June 4-6 and counsel” on “a 2.0 version” for the new this year, and I encourage your bank to be at The Ritz-Carlton, Congress, and although he will not have trou- represented. The future of our industry will be Naples, FL. Register at ble passing banking reforms in the Republican impacted greatly in the next 12 months. TNBankers.org/annual. controlled House, he will need to garner buy- in from Democrats if his legislation is to move in the Senate.
6 | January/February 2017 | TNBankers.org We’re on social media. Follow us for the latest in all TBA news, TBA Online events, and much more. /TNBankers @TNBankers tnbankers tennessee-bankers-association TNBankers.org
TNBankers December 25 at 11:44 a.m.
Merry Christmas from the Tennessee Bankers Association and Financial Products & Services, Inc. teams! Warmest wishes to you and yours this season.
VISIT TNBANKERS.ORG TBA WEBCASTS A web-based education format that combines TNBankers.org is now responsive, audio, visuals, and printed materials. meaning it looks great on a desktop, tablet, or smartphone. TBA’s website will resize the content automatically to fit Register for this webcast and more at TNBankers.org/calendar your device, ultimately providing you with better experience. Past, Present, and Future CRA Compliance for Community Banks February 16 8 a.m. – Noon CST
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IMPORTANT WEBCAST INFORMATION Only individuals registered may participate in the program session. Those registered will receive only one unreproducible copy of the program materials. It will be sent a week prior to the webcast. Connection instructions will be mailed or emailed.
TNBankers.org | January/February 2017 | 7 ON THE HILL Preview of what's ahead for the Tennessee General Assembly
The 110th General Assembly convened Among the top priorities are continuing on January 10, 2017. While there is much support for Governor Haslam’s education speculation over the significant changes and initiatives, and Medicaid expansion, which is prospects in Washington, Tennessee’s General dependent on Washington. Another key area Assembly looks much the same as 2016. is taxes and whether to reduce certain ones or The fall election saw few surprises and a rel- increase others, though raising taxes will be atively small turnover of members compared a tough sell during a surplus. Of top concern TIM AMOS Executive Vice President/ with recent elections. In the Senate the only is whether to increase the gas tax to fund in- General Counsel, new member is Jon Lundberg (R-Kingsport), frastructure projects like roads, which have Tennessee Bankers a former state representative, due to the re- historically been funded by a separate source Association tirement of Lt. Governor Ron Ramsey. Randy and not by general revenues. McNally (R-Oak Ridge) was unanimously The Department of Revenue would like to elected by the Republican Caucus to serve as tax internet sales by out-of-state retailers. This Lt. Governor. The other leadership positions is an ongoing issue of tax fairness for local re- remain unchanged with Senator Mark Norris tailers that, if asserted, would likely end up in (R-Collierville) as majority leader and Bill Ket- a case before the U.S. Supreme Court. ron (R-Murfreesboro) as caucus chairman. On Taxes that might be reduced or phased out the Democratic side, Lee Harris (D-Memphis) include sales tax on food and the occupational continues as minority leader and Jeff Yarbro privilege tax imposed on professional licenses. (D-Nashville) caucus chairman. On the House side, the general election BANKING ISSUES produced only two upsets—Representatives On the banking front, the issues are similar to Steve McManus (R-Memphis), chair of the In- those from last year. Legislation to implement surance and Banking Committee, and Kevin the recommendations of the Tennessee Com- Dunlap (D-Sparta). In all there will be 10 new mission on Aging and Disability on preventing House members due to retirements and pri- elder financial exploitation is expected to be mary upsets. TBA’s primary issue, which was highlighted Though several House leadership posi- in the November/December 2016 issue of The tions were contested, Speaker Beth Harwell Tennessee Banker magazine. (R-Nashville) was re-elected. Glen Casada Also expected to reappear is legislation to (R-Franklin) was elected majority leader; Ryan authorize local governments to engage in the Williams (R-Cookeville) the caucus chairman; lending business through the Property As- and Curtis Johnson (R-Clarksville) retained sessed Clean Energy (PACE) program. TBA his position as Speaker Pro Tempore. The has successfully defeated this legislation for Democratic caucus retained Craig Fitzhugh the last two years; however, the proponent, a (D-Ripley) as minority leader and Mike Stew- third-party contractor, continues to push TBA art (D-Nashville) as caucus chairman. to take a neutral position. Recently the U.S. Department of Energy adopted a best practices BUDGET FIGHT EXPECTED guideline for governments to implement PACE Budget fights are most often over spending loans, which attempts to apply ability to repay limited resources. This year, with an expected and other consumer protections to PACE loans surplus of more than $800 million, the fight otherwise exempt from the oversight of bank- will be about how to either spend the money ing regulators and the Consumer Financial or reduce taxes. Many legislators say it is easier Protection Bureau. It is ironic that the U.S. De- to legislate when there are no excess funds be- partment of Energy endeavors to weigh-in on cause it is easier to say no than to make tough the regulatory oversight of a lending product. decisions to spend or save. Another holdover issue is homeowners’ as-
8 | January/February 2017 | TNBankers.org sociation regulation. A summer study committee held a hearing on the subject, but is not likely to support a bill this year. Instead, the main propo- nent, the Tennessee Bar Association, continues to look at possible legislation. The issue for bankers remains assuring that mortgage liens take priority over HOA dues assessments. Finally, a key issue for bankers will be consid- eration of a Revised Uniform Unclaimed Property Act. This was approved at the summer meeting of the Uniform Law Commission. State Treasurer David Lillard, whose department administers the unclaimed property program, is considering adopting this revised uniform act in Tennessee.
CONCLUSION While these are the top issues that are expected, the General Assembly will introduce close to 2,000 bills on a multitude of topics. The TBA will actively review and report on these as the session progress- es. It is important that bankers offer input and feed- back on these issues as they develop and are pre- pared to make legislative contacts where necessary Budget fights and financial legislation will be big topics at the Tennessee State to support, amend, or defeat legislation. Capitol in 2017. PHOTO: SHUTTERSTOCK.COM
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