March 1998 Denver Public Schools invested in private prison corp. DPS made money off prisons By Carlos Illescas, Denver Post Education Writer March 4 - Successful investing can sometimes mean investing in failure. that's what some Denver Public Schools officials discovered recently when told that the district's pension fund made money off a company that buys prisons, then leases them back to the governments and private agencies that run them. The investment raised eyebrows among some school board members, who have begun questioning whether certain types of industries are appropriate for a school district's portfolio. Locally and nationally, schools and other public entities are becoming more watchful than ever about how taxpayer money is invested, experts say. Increasingly, they are choosing "socially responsible'' investment funds, which are more profitable than ever. "People are starting to understand that you can't divorce values from money,'' said Elizabeth Elliott McGeveran, spokeswoman for the Washington-based Social Investment Forum, a nonprofit group that promotes responsible investing. "Teachers go to school every day to educate people and make the country better. It doesn't set a good example if, for example, you're investing in prisons. You want to support the work you do everyday, not undermine it,'' McGeveran said. But should being politically correct take precedence, or is it the money that matters most? Should a public entity like a school district or municipality invest in stock that may not be perceived as socially acceptable, such as a prison real estate company or a tobacco company? The law says the type of stock shouldn't matter. According to the Colorado Uniform Prudent Investment Act, a school district, acting as a trustee for its beneficiaries, has the "duty of loyalty to act solely in their interests.'' Translation: The type of stock doesn't matter as long as it makes money. That's exactly what DPS did. Last July, the district's $2 billion pension fund purchased 15,000 shares of Nashville-based CCA Prison Realty Trust at $21 each. Two months later, the fund sold all the shares for about $34 apiece - a profit of roughly $200,000. Tessa Burr, manager of investment relations for CCA Prison Realty Trust, said DPS was the only school district in the country that invested in the company, but "we have a couple of cities in the works.'' "Real positive' "All we do is purchase real estate. We don't manage the prisons or run them,'' she said. "Everything has been real positive.'' The company owns 13 facilities in seven states. The prisons house inmates from eight states, two counties, the District of Columbia, the U.S. Immigration and Naturalization Service, the Federal Bureau of Prisons and the U.S. Marshals Service. Denver school board member Bennie Milliner raised the issue last month after noticing CCA Prison Realty Trust listed on a report to the school board on pension fund investments. Despite the state law, Milliner said school districts have an obligation to invest in companies that are socially responsible. At the very least, pension beneficiaries should be informed of the investments without having to ask. That doesn't happen now. "To me, it's not a social issue, but an irony,'' Milliner said. "We're a school district investing in prisons. It doesn't make sense to me. "Despite what others say, I think it is our business to raise that awareness level for the beneficiaries,'' he added. School board members Rita Montero and Elaine Berman also questioned whether the prison investment was appropriate. But board President Sue Edwards said the board should stay out of the district's investment practices and stick to what it was elected to do - set policy. "I believe strongly that concerning the pension fund, we have the absolute responsibility to only consider maximizing returns on investments,'' Edwards said. "I don't believe we really can consider the social impact on investment.'' Before 1991, most of DPS' pension fund assets were managed in house, under the supervision of an investment officer, and most were fixed-income investments. Then the school board adopted a policy that diversified assets and allocated a large portion of the fund investments to outside investment managers. Unlike most other major school districts in the state, DPS isn't enrolled in the Public Employees Retirement Association, which manages pension funds for Colorado school districts and cities. Montero, who serves on the district's investment committee, said the district may consider a new policy that addresses socially responsible investing. But socially responsible investing could be an expensive proposition for DPS. It would cost the district up to $200,000 for managers to "screen'' investments, according to a DPS analysis. "Social investments are restricted in what they can invest in,'' said Melissa Daly of Lipper Analytical Services Inc. in New York City. "When they are limited in that way, it can prevent you from the opportunities you might otherwise be able to invest in. Funds that invest in companies that are socially conscious go out of their way to be politically correct.'' Still, they are among the fastest growing funds in the investment world. A study by the Social Investment Forum showed that money in social and environmentally friendly mutual funds has more than tripled - from $162 billion in 1995 to $529 billion in 1997. Municipalities and other public organizations are joining the movement, experts say, although school districts have been slower to follow. 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