Ms. Kristina Ray, Administrator of Credit Unions
November 19, 2023
Dear Ms. Ray,
We are writing to request a response to our letter to you dated October 25, 2023. In that letter we requested clarification from you on the following two questions:
Q: 1) Is the N.C. Credit Union Division required by North Carolina law to monitor and enforce compliance by state-chartered credit unions with their bylaws?
Q: 2) May a N.C. state-chartered credit union adopt rules, policies and procedures which effectively amend its bylaws without approval by the NCCUD?
Your earlier response on October 19, 2023 was as follows:
"Among other responsibilities, the North Carolina Credit Union Division (NCCUD) reviews North Carolina state-chartered credit unions’ bylaws for compliance with required information outlined in North Carolina laws, rules, and regulations. Each credit union’s bylaws contain procedures for requesting amendment approvals from the NCCUD Administrator. Additionally, some provisions within the standard form bylaws, which may be used by credit unions as guidance, allow for the credit union Board of Directors to adopt policies and procedures, as long as the membership is notified within a specified time frame before becoming effective. The Administrator approves or disapproves proposed bylaws amendments after a thorough review of the request. If you have additional questions relating to this matter, consult legal counsel."
Your October 19, 2023 response failed to address directly the two questions asked. This will be our third request of you as Administrator for a clear answer on two simple questions. We would like to also point out that our first inquiry with you on this matter was on July 25, 2023.
We believe the answers are clear given:
"G.S. § 54-109.4. Amendments.(a) The articles of incorporation or the bylaws may be amended as provided in the bylaws. Amendments to the articles of incorporation or bylaws shall be submitted to the Administrator of Credit Unions who shall approve or disapprove the amendments within 60 days.""G.S. § 54-109.12. [Credit unions] ...shall be subject to the management, control and supervision of the Administrator of Credit Unions as to their conduct, organization, management, business practices and their financial and fiscal matters."
But despite our belief Ms. Ray; as the Administrator of N.C. Credit Unions, you are the one State official designated with the statutory authority to interpret credit union laws and regulations. We simply ask that you do your duty in your role as the Administrator on behalf of the people of North Carolina
We would appreciate a timely response. If you intend to refuse to respond further would you please let us know. Thank you.
Jean and Jim Blaine
| ... third times the charm?|