board effective January 1, 2013. Makris is a third generation busi-nessman and has been a leader in many local orga-nizations. He is president of M. K. Distributors Inc, a Pine Bluff bev-erage distributor, and is a director of the National Beer Wholesalers Asso-ciation. He received a BA degree from Rhodes College and an MBA degree from the University of Arkansas. Bartlett will have direct oversight for eight banks with assets in excess of $3.2 billion, which will now include the lead bank, Simmons First Nation-al Bank. The 35-year banker has been a part of Simmons First since the bank he organized in Hot Springs merged with Simmons First in 2004. He is cur-rently on the Arkansas Bankers Asso-ciation board and serves as chairman-elect. (continued of Page 5)

Dr. Harry Ryburn, lead director of Simmons First National Corporation, Pine Bluff, AR, announced the anticipated retire-ment of J. Thomas May to be effec-tive December 2013. Ryburn also announced that George Makris, a 15-year director and audit commit-tee chairman, will succeed May as corporate chairman/CEO of Simmons First National Corporation at his re-tirement. Prior to assuming this posi-tion, Makris will serve in a transition capacity in the newly created posi-tion of CEO-elect, effective January 1, 2013, and continue on the board. David Bartlett, corporate president/COO, has been named to the new posi-tion of president and chief banking offi-cer of Simmons First National Corpora-tion, effective January 1, 2013, reporting to the chairman/CEO. He will join the

Peoples Bank in Albuquerque, NM, has hired Ed Larranaga as business relationship man-ager. He previous-ly served as senior vice president and market executive at Bank of Albu-querque, N. A., and earlier as a vice president and relationship man-ager at Bank of America in Albuquerque. He also has experience in the insurance industry, serving as a risk consultant for Manuel Lujan Agencies. Larranaga serves on several boards around the state, including the United Way of Central New Mexico, the Gold-en Apple Foundation of New Mexico, Circles New Mexico, and the Catholic Foundation board of trustees. He holds a bachelor’s degree in marketing from New Mexico State University. Peoples Bank operates two Albu-querque offices, one in Uptown and one in Journal Center Q

sity Round Rock Advisory Council. He is also a past recipient of the Round Rock Chamber’s “Citizen of the Year” award. R Bank, estab-lished in June 2009 with 12 em-ployees, now has a staff of 22 and assets of over $152 million, as of June 30, 2012. The bank serves customers in Round Rock and the greater Williamson County area Q

Volume 141, No. 8August 27, 2012

In This Issue...Even Banks Can Violate New EEOC Guidelines on Criminal Background ChecksLegal Phases....................................3

Charter Activity..............................8

Classified.........................................9

Please route this issue:

www.bankersdigest.com

Makris

Makris to Succeed May as Simmons First CEO In 2014, Bartlett Chief Banking Officer in 2013

Published weekly on Mondays except fifth Mondays

Larranaga

Warren

R Bank, Round Rock, TX, welcomes Landy Warren as executive vice presi-dent and commercial lender. Reese Ryan, chairman of the board, and Steve Stapp, president/CEO, made the announcement. The veteran Central TX banker has over three decades of banking expe-rience. He has been active in Round Rock community affairs, including former chairman of the board of the Round Rock Chamber of Commerce and is a past president of the Rotary Club of Round Rock. He has served as a member of the Texas State Univer-

Larranaga Joins Peoples Bank in Albuquerque, NM

Warren Named EVP, R Bank, Round Rock, TX

Bartlett

Page 2 BANKERS DIGEST August 27, 2012

p e o p l e TeXAS

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Veritex Community Bank, Dallas, Taps Skelly, Lynam, and Worley C. Malcolm Holland, founder and CEO, Veritex Community Bank, Dal-

las, has announced the hiring of three veteran North TX bankers. Noreen Skelly will serve as ex-ecutive vice presi-dent and CFO. In addition, she will expand the bank’s information tech-nology resources. She most recently served as EVP and CFO at former Dal-las-based Highlands Bancshares. Pri-or to Highlands, she served two years as senior vice president at Comerica Bank in Dallas. Skelly is a graduate of The Univer-sity of Texas at Austin. She earned an MBA degree at the University of Chica-go’s Booth School of Business in 1993. She has worked at the Chicago Fed as a finance and accounting manager, as an accounting analyst for the Fed’s Board of Governors in Washington, D.C., and as first vice president of information technology financial support at LaSalle Bank, now Bank of America. Mickey C. Lynam, a 28-year banker, will spearhead growth in Collin Coun-ty. He is based at the bank’s Plano branch at 5049 Park Blvd. Lynam most recently served as an

executive vice president at Plano’s LegacyTexas Bank, serving as a bank-ing center presi-dent for the past decade. During his 13 years at Legacy-Texas, Lynam also served as director of the asset-based lending program. He began his banking career as a credit analyst at North Dallas Bank & Trust Co. in 1984, the same year he earned an MBA de-gree from SMU. Jason Worley has joined as senior vice president re-sponsible for build-ing loan and depos-it business at the at 10703 Preston Rd. branch in Dal-las. He has more than 12 years of commercial lend-ing experience serving at Ameri-can National Bank of Texas for seven years and earlier at Security Bank in Garland, where he began his banking career in 1999. He has a degree in fi-nance from Texas Tech University Q

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l e g A l p h A S e S

ByMichael Kelsheimer

Looper Reed & McGraw, PCDallas, Texas

www.lrmlaw.cim

E M P L O Y M E N TEven Banks Can Violate

New EEOC Guidelines on Criminal Background Checks

B D

FEATURE(continued on Page 8)

This spring Pepsi® en-tered into a $3.1 million dollar settle-ment with the EEOC over

its refusal to hire anyone with an ar-rest or conviction record. Because Blacks and Hispanics are statistically arrested and convicted of crimes at a much greater rate than whites, the EEOC found Pepsi’s practice to have a discriminatory impact on all ap-plicants in those protected classes. Following the settlement, the EEOC released updated guidelines for the use of criminal background checks, which have application to the bank-ing industry (even in light of existing federal regulations regarding their use by banks). Most people associate the idea of discrimination with treating someone differently on purpose because of a protected characteristic, i.e. denying a promotion to a female employee because she is likely to start a fam-ily. However, discrimination can take another form. It is also illegal to take actions that have a “disparate impact” on persons in a protected class – even if the action does not appear to be il-legal on its face. It is this disparate impact discrimi-nation, through the use of criminal background checks, that is the focus of the EEOC’s updated guidelines. The EEOC wants to put employers on notice that they may be discrimi-nating without realizing it. A facially neutral policy against hiring anyone with a criminal background does not appear to result in discrimination, but it can be illegal. The guidelines begin by suggesting that no employer should use an arrest history to make a decision regarding hiring. As a basis for this advice, the EEOC relies primarily on the idea that

individuals are innocent until proven guilty and the fact that many crimi-nal databases from which background check companies draw their informa-tion are woefully inaccurate. Accord-ing to the EEOC, arrest records are often not updated with final disposi-tions other than conviction. Instead, the EEOC recommends that employ-ers interview applicants to determine the underlying facts for themselves and weigh their view of those facts in the hiring decision without letting the arrest itself be a conviction. With respect to convictions, the

EEOC warns employers against blan-ket restrictions. To withstand the EEOC’s scrutiny, the restrictions must be tailored to the circumstances. Em-ployers are asked to consider: (1) the nature and gravity of the offense, (2) the time that has passed since the of-fense occurred, and (3) the relation-ship between the offense and the position at issue. In completing this analysis, the EEOC recommends an individualized evaluation in each case considering an assortment of points, which include: evidence that the in-

Page 4 BANKERS DIGEST August 27, 2012

p e o p l eTeXAS

Jeffrey M. Harp, president/CEO of Trinity Bank, N. A., Fort Worth, has an-nounced the promotions of Barney C.

Wiley to executive vice president and Brandy D. Hunt to assistant vice president. Wiley, a Fort Worth native and graduate of The Uni-versity of Texas, has served with Trinity since its inception in 2003. Since 2007,

he has served as a senior vice president in lending. Prior to joining the bank, he worked as a CPA with Price Waterhouse Coopers and KBK Financial. Hunt, an operations officer, joined the bank in 2010 after four years of ser-vice with Woodforest National Bank. She has owned a business and is at-tending The University of Texas at Ar-lington, where she is studing business. Trinity Bank, located at 3500 W. Vickery Blvd., is an independent com-munity bank with local ownership and management. The bank is rated among the top 2% of the banks in the U.S. by Weiss Ratings, LLC Q

Chad M. Sundbeck has been ap-pointed senior vice president of lend-ing at Freeport-based Texas Gulf Bank,

N. A., in Houston. Sundbeck will continue to focus on expanding the bank’s commer-cial client base, said Richard W. Jochetz, president of Texas Gulf Bank – Houston. S u n d b e c k ’ s banking career

spans over 16 years. Most recently, he served as vice president of commer-cial lending for the bank in Houston at the 1616 S. Voss Rd. location. Prior to joining Texas Gulf Bank, he was vice president/business banker for Capital One, vice president/commercial lend-er for Sterling Bank, finance manager for Merrill Lynch Business Financial Services, and AVP/commercial lender for Union Planters Bank. He is current-ly a senior at the SWGSB at SMU Q

Scott Lewis, a veteran McKinney banker with over 20 years’ of experi-ence, has been named president of Valliance Bank McKinney. Most recently, he served as the Collin County president of Lubbock-based City Bank Texas, at the 7800 Preston Road branch in Plano. He pre-viously served in various leadership roles with Capital One and the former Hibernia National Bank at both the regional (Dallas and McKinney) and national levels. Lewis holds a BBA degree in fi-nance from Texas Tech University and an A.A.S. in management from South Plains College. An active member of the commu-nity, Lewis serves on the North Cen-tral Texas Work Force development board and has previously served as a McKinney at-large city council mem-ber, McKinney Planning and Zoning Commission vice chairman, McKinney Economic Development Corporation vice chairman, North Texas Commis-sion finance committee member, and on other committees and boards. Valliance Bank, based in Oklahoma City, OK, has offices in McKinney and Oklahoma City and Norman, OK Q

Wiley Sundbeck

Wiley Is EVP, Hunt AVP, Trinity Bank Fort Worth

Lewis Named President, Valliance Bank McKinney

Sundbeck Upped to SVP, Texas Gulf Bank Houston

Frost Promotes Brown, Seale, Covarrubias, Stouffer in AustinFrost Bank, San Antonio, has an-nounced four promotions in Austin. Travis Brown has been promoted from relationship banking officer to assistant vice president. Matthew Seale has been promoted to personal banking officer from per-sonal banker. Andres Covarrubias has been pro-moted from teller manager to teller services officer. Kristin Stouffer has been promot-ed from private banking officer to as-sistant vice president Q

Mauck Named VP/CLO, Southwest Securities in AustinJennifer Tolbert Mauck has been named vice president/commercial lending at Dallas-based Southwest Securities FSB in Austin. She previ-ously served as a vice president/rela-tionship manager at JPMorgan Chase Bank and earlier served at Citibank and Wachovia Q

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DK Ad 3-CMYK.pdf 1 5/9/2012 9:48:18 PM

August 27, 2012 BANKERS DIGEST Page 5

p e o p l e ARKANSAS

loUISIANA

oKlAhoMA ARIZoNA

Kory Kober has joined Mutual of Omaha Bank as a business banker in Phoenix at the AZ headquarters at 9200 E. Pima Center Pkwy. He will of-fer a comprehensive menu of business banking services to AZ businesses. Kober’s banking career has been in business and commercial lending for several prominent AZ banks. He previ-ously served as a credit analyst for Mu-tual of Omaha Bank from 2007-2010. He earned both bachelor’s and MBA degrees from Arizona State University and holds a credit risk certification from the Risk Management Asso-ciation (RMA). He currently serves as treasurer on the local RMA board of directors Q

Quail Creek Bank, n. a., Oklahoma City, welcomes Laura Nunnery as the newest addition to its private banking team. The appointment was made by President/COO Doug Fuller and CEO Bert Olah. Nunnery, who joins as vice presi-dent, has served in various roles throughout her banking career, in-cluding mortgage lending, wealth management banking, lending, sales, and operations. Prior to joining Quail Creek Bank, she was affiliated with several Oklahoma City area banks. She attended the University of Cen-tral Oklahoma and Oklahoma State University-OKC and holds NASD Se-ries 6 and 63 licenses Q

Bob Fehlman, EVP and CFO, will become senior EVP and CFO of Sim-mons First Na-tional Corporation and will assume new responsibili-ties as corporate treasurer, a newly created position reporting to the corporate chair-man and CEO. A CPA, he worked as an accountant with BKD, before join-ing Simmons First 24 years ago. Marty Casteel, EVP of both Sim-mons First National Corporation and Simmons First National Bank, will continue his ad-ministrative du-ties in the corpo-ration reporting to the corporate CEO. He will as-sume the ad-ditional title of chairman/CEO of Simmons First Na-tional Bank and will report to the president and chief bank-ing officer and join the Simmons First National Bank board of directors. He has over 35 years of banking experi-ence, 25 years at Simmons First. Craig Hunt, EVP with Sim-mons First Na-tional Bank, has been promoted to president of Sim-mons First Na-tional Bank, Pine Bluff, and will also assume new responsibilities as the corporate chief credit officer. He will report to the chairman/CEO of Simmons First National Bank and join the bank’s board of directors. He has over 41 years of banking service at Simmons First. Makris, Casteel, and Hunt will con-tinue to be located in Pine Bluff and Bartlett and Fehlman will continue to be located in Little Rock Q

Simmons First (continued from Page 1)

Fehlman

Casteel

Kober Joins Mutual of Omaha Bank as Business Banker

Nunnery Is VP/Private Banker,Quail Creek Bank in Ok City

Thibodeau Rejoins MidSouth Bank as Lafayette Center Manager

Leslie Albarado Thibodeaux has re-joined MidSouth Bank as banking cen-ter manager of the Moss St. location in Lafayette. She returns after a brief stint

at Regions Bank. She had served with MidSouth for nine years as a universal banker and earlier for seven years as a branch manager at Republic Finance Q

Hunt

Page 6 BANKERS DIGEST August 27, 2012

N e W S W A T C hTeXAS

AccessBank Texas, Denton, has an-nounced the successful completion of a $7 million private capital offering, as of July 31, which has positioned the Denton-based bank for future growth, said Chairman Gayle Earls. With the addition of the new capi-tal, the bank is reporting a total risk-based capital ratio of 20.35% as of June 30, 2012. Other performance highlights include a growth in total assets to $119,674,000 and in total de-posits to $105,620,000, representing a 10.2% and 9.2% growth, respectively. “For the past year and a half, we have focused on two main areas of the bank: asset quality and creating efficiencies in our day-to-day opera-tions...,” said CEO Cleve Breedlove. The bank has also added to its advi-sory board: Jacob Thompson, manag-ing director, SAMCO Capital Markets Inc., Dallas, and Kelly Earls, principal, Bank Compensation Consulting Inc. AccessBank Texas, established in

Spirit of Texas Bank SSB, College Station, has struck a deal to acquire Houston’s Oasis Bank SSB, accord-ing to an article by Collin Eaton in the Houston Business Journal. The deal comes on the recent an-nouncement that Oasis Bank plans to shift its single Houston location to The Woodlands in late August or Sep-tember. Oasis CEO Steve Bertram re-cently told the Houston Business Journal the $83 million bank’s move will take Oasis to “the next level.” The bank plans to move into a 4,000-square-foot facility from its current location in the Galleria area. The Oasis deal gives Spirit of Texas Bank an entry into the booming The Woodlands market, close to the ex-pansion of Grand Parkway and the Exxon Mobil campus. The bank has offices in Magnolia, Tomball, and Conroe Q

Spirit of Texas Bank SSB to Acquire Houston’s Oasis Bank

AccessBank Texas Denton Raises $7MM in New Capital

First Financial Bankshares Named Number 2 in NationFirst Financial Bankshares, Inc., Abilene, has been selected as the #2 top-performing publicly-traded bank in the nation in the $1 - $5 billion as-set category by Bank Director magazine (http://www.bankdirector.com/magazine/archives/3rd-quarter-2012/going-for-gold-2012-bank-performance-scorecard/). The magazine’s annual scorecard rates all pub-licly-traded banks in four asset size cat-egories on the basis of profitability, capital adequacy, and asset quality. F. Scott Dueser, CEO, said, “We are very pleased to be named again as one of the top banks in the nation. This accomplishment certainly is due to the direction of our board, the dedi-cation of our employees, and the loy-alty of our customers who have kept us strong for more than 122 years. We accept this honor with great humility, and are extremely gratified to have been honored in either the #1 or #2 positions for the past four consecutive years.” Q

TM

October 2007, serves Denton and the North TX area Q

August 27, 2012 BANKERS DIGEST Page 7

N e W S W A T C h TeXASARKANSAS

ARIZoNA

On August 14, Conway-based Centen-nial Bank, wholly-owned subsidiary of Home BancShares Inc., entered into an Asset Purchase Agreement with Premier Bank Holding Company (“PBHC”), a FL corporation and bank holding company, to purchase all of the issued and outstanding shares of common stock of PBHC’s wholly-owned subsidiary, Premier Bank, a FL state-chartered bank that operates in the Tallahassee area. The purchase price is $1.4 million in cash, according to filings. The pro-posed deal includes six FL branches but does not include Premier Bank’s operations center. “We are excited about the oppor-tunity to expand our footprint in the Tallahassee area,” said John W. Alli-son, chairman of Home BancShares. “...If approved, Premier customers will now have access to 28 Centennial lo-cations throughout the Florida Pan-handle.” The closing of the acquisition is expected to occur in fourth quarter of 2012 and is subject to a court ap-proved final sale order relating to the acquired assets, in addition to approval of appropriate regulatory authorities. Securities filings indicate PBHC will file for Chapter 11 reorganization, and a bankruptcy judge will have to approve the deal, according to an ar-ticle by George Waldon in arkansasbusi-ness.com Q

Ryan Moore, Pampa president, and J. Pat Hickman, chairman/CEO, of Hap-py State Bank announced the grand opening on August 13 of the bank's new 7,693-square-foot building in Pampa at 1125 N. Hobart St. The new location will merge the two existing Pampa locations into one. The full-service banking center of-fers a six-lane drive-up, a drive-up

Happy State Bank in Pampa Celebrates Grand OpeningATM, “The Texas Room" for commu-nity use, and architecture consistent with other Happy State locations. Other Pampa bank officers include J. Alan Eubank, Erica Guzman, Jolita Sells, and Kay West. Celebrating its 104th year of busi-ness, the $1.8 billion Happy State Bank has 29 offices in 20 TX Panhan-dle and South Plains communities Q

Centennial Bank to Expand Tallahassee, FL, Footprint

Western Alliance Bancorp. To Acquire Las Vegas, NV, BankThe Phoenix-based parent of Alli-ance Bank of Arizona, Western Alli-ance Bancorporation, announced on August 17 a proposed deal to acquire $199 million-asset Western Liberty Bancorp, Las Vegas, NV, and indirectly acquire Service1st Bank of Nevada. If the deal is approved by Western Lib-erty shareholders and regulators, Ser-vice1st Bank will be merged with and into Bank of Nevada, a wholly-owned subsidiary of Western Alliance Q

Page 8 BANKERS DIGEST August 27, 2012

R e g U l A T o R S

C h a r t e r

a c t i v i t yLouisianaBRANCHES The OFFICE OF THE COMPTROL-LER OF THE CURRENCY has received an application by First National Bank in De Ridder for a branch at 1838 N. Hwy. 171, Lake Charles.

The OFFICE OF FINANCIAL IN-STITUTIONS has approved applica-tions by IBERIABANK, Lafayette, for branches: 6235 S. Claiborne Ave., New Orleans; 822 S. Range Ave., Denham Springs; 12920 Airline Hwy., Baton Rouge; and filed/approved the consol-idation of a branch at 1838 Hwy. 171 N., Lake Charles, with a branch at 284 Sam Houston Jones Pkwy., Moss Bluff. The OFI has filed an application by Merchants & Farmers Bank & Trust Company, Leesville, for a branch at 975 Beglis Pkwy., Sulphur.

The OFI has filed applications by Fidelity Homestead Savings Bank, New Orleans, for a branch at 1450 Poydras St., Ste. 100, New Orleans; and filed to relocate a branch at 2300 N. U.S. Hwy. 190 to 2201 N. U.S. Hwy. 190, Covington. New MexicoBRANCHES The OCC has received an applica-tion by Bank of the Rio Grande, N. A., Las Cruces, for a branch at 2101 Mountain Rd., Ste. B, Albuquerque. The OCC has received applications by First National Bank Texas, Killeen, for First Convenience Bank branches: 400 Eubank Blvd. NE and 4201 Central Ave. NW, Albuquerque, and 3800 N. Lovington Hwy., Hobbs.OklahomaBRANCHES The OCC has approved an appli-cation by The Fort Sill National Bank, Fort Sill, for a branch at 7950 Craft Goodman Frontage Rd., Olive Branch. TexasBRANCHES The OCC has approved an applica-tion by Guaranty Bond Bank, N. A., Mount Pleasant, for a branch at 1950 NE Loop 286, Paris. The OCC has received applications by First National Bank Texas, Killeen, for First Convenience Bank branches: 200 Short Blvd., Dallas, and 2900 Re-naissance Square, Fort Worth.MERGERS AND ACQUISITIONS The FEDERAL RESERVE BANK OF DALLAS has filed an application by HaleCo Bancshares Inc., Plainview, to acquire 100% of LubCo Bancshares Inc., Slaton, and thereby indirectly ac-quire 100% of the outstanding shares of Citizens Bank, Slaton. The TEXAS DEPARTMENT OF BANKING has approved an applica-tion by Prosperity Bank, El Campo, to merge with Community National Bank, Bellaire Q

dividual performed the same type of work post-conviction without inci-dent, rehabilitation efforts, character references, the number of offenses, and the facts and circumstances sur-rounding the crime. Of course, the EEOC operates in a perfect world where employers have the time to wipe away all the grime from each individual applicant to find

Legal Phases (continued from Page 3)

(continued on Page 12)

August 27, 2012 BANKERS DIGEST Page 9

B a n k e r s D i g e s tHOW TO CONTACT US

Mail responses to Box Number c/o Bankers Digest, P. O. Box 743006, Dallas, TX 75374-3006. Fax: 214/221-4546. Phone: 214/221-4544.

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LOOKING TO PURCHASE BANK: A serious investor group desires to purchase bank. The group is well capitalized and comprised of expe-rienced bankers and former regula-tors. The group would prefer a bank

within a 150 mile radius of the Dal-las-Fort Worth metroplex, but would consider banks located outside this area. All communications between the bank and investor group will be held in strictest confidence. Re-spond to bankersdigest@bankers-digest.com, subject line Box Y-8.

POSITIONS WANTED

SEEKING OPPORTUNITY with grow-ing Community Bank; employed Se-nior Community Banker with broad experience, including CCO, Multi-branch management & success in 2nd market RE. Please reply to bankersdigest@bankersdigest.com, subject line Box B-7.

ORE/COLLECTIONS MANAGER: Ex-cellent record managing all aspects

817.877.4120 or 817.877.0014817.877.3846 Faxdfarmer@whitneysmithco.com

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Page 10 BANKERS DIGEST August 27, 2012

C l A S S I F I e D of foreclosures and negotiating sales of ORE in a timely manner at prices fa-vorable to bank. Excellent collections record on all types of credits. Ability to effectively coordinate internal and external personnel and resources. Currently employed with excellent re-views. Reply: pro71239@aol.com.

POSITIONS AVAILABLE

SAN ANTONIO Lender needed for community bank. Must be open to a small community and have good lend-ing and credit skills. Sharon Emiliano, Babich & Associates, Sharon@babich.com, 214/823-9999, #306. www.babich.com.

CHIEF FINANCIAL OFFICER needed for a bank in SOUTHEAST TEXAS. Will have accounting degree and 5+ years experience as bank CFO. CPA a plus. Excellent compensation package. Con-tact Donald Graff, Babich & Associates, dgraff@babich.com, 214/823-9999, #304.

BANK RECRUITER for Dallas Office needed. Solid experience in bank-ing needed with the desire to build a new long-term career. Excellent training provided. Call Sharon Emil-iano for additional details. Babich & Associates, Sharon@babich.com, 214/823-9999, #306. www.babich.com.

Lake Charles, LA: Great Opportunity for LOCAL COMMERCIAL LENDER to join stable bank, in lending mode, with strong incentive program. Mark Mitch-ell, Lone Star Search, 972.335.9009, www.lonestarsearch.net.

SAN ANTONIO - area community bank seeks SEASONED LENDING AND RELATIONSHIP MANAGING EXECUTIVE with generalist lending

skills and ability to manage one or more branches. Knowledge of agri-cultural credits helpful, but not es-sential. Business development and administrative skills and the desire to be part of the community and se-nior management team will be im-portant. Send resume in confidence to bankersdigest@bankersdigest.com, subject line Box J-7.

$400M independent community bank in East Texas has an opening for a COMPLIANCE OFFICER. Must have compliance experience. Send resume in confidence to bankers digest@bankersdigest.com, subject line Box D-5.

SMALL COMMUNITY BANK seeking an experienced CREDIT ANALYST. South Texas Bank seeks a seasoned COMMERCIAL LOAN OFFICER to work as a contractor for the bank to seek commercial loans in the San Antonio/Hill Country area. Send resume in confidence to bankers digest@bankersdigest.com, subject line Box T-7.

FIRST NATIONAL BANK OF SONO-RA seeks CREDIT MANAGER/BANK OFFICER to manage and train credit analysts and support work flow be-tween loan officers and the credit department. Position is located in San Angelo, Texas. Preferred re-quirements include an accounting or finance degree with 2-5 years of banking experience in credit analy-

August 27, 2012 BANKERS DIGEST Page 11

C l A S S I F I e D sis and/or lending. Send resume with references to elaine.donald-son@fnbsonora.com or San Angelo Banking Center, 2502 Southland Blvd, San Angelo, TX 76904 EEO/AA.

ARLINGTON COMMERCIAL LEND-ER: Worthington National Bank is seeking a commercial lender with at least 5 years lending experience and a proven track record. Strong credit analysis and business devel-opment skills are a must. Please contact Sammie Slocum, sammie slocum@worthingtonbank.com or 817-303-5911.

Well rounded COMMERCIAL/CON-SUMER LENDER, ASSISTANT IN-VESTMENT OFFICER, BOARD SECRETARY. Growing West Texas Community Bank is seeking an indi-vidual with the above qualifications. This individual would be a part of the Executive Management team of a well capitalized, stable community bank with local ownership. Reply to bankersdigest@bankersdigest.com, subject line Box T-5.

BRANCH MANAGER - for small town West Texas community bank. Individ-ual would need a minimum of 2 years lending experience with some opera-tions experience. Good opportunity to grow and run your own “shop” and be a part of the bank management. Reply to bankersdigest@bankersdi gest.com, subject line Box T-6.

Strong community bank looking for qualified applicant to fill position of COMMERCIAL LENDING OFFICER. Ideal candidate will have at least 6 years commercial lending experi-ence, college degree, and interest in community/business development. Competitive salary, good benefits in-cluding health insurance, life insur-ance, paid vacation and holidays, 401k. Qualified candidates should send resume to nancy.mccay@fn-bcrossett.com or to Nancy McCay, First National Bank of Crossett, 218 Main Street, Crossett, AR 71635. EQUAL OPPORTUNITY/AFFIRMA-TIVE ACTION EMPLOYER.

CONSUMER/COMMERCIAL LENDER needed for growing community bank in Post, Texas. Great opportunity and quality of life. College degree, community involvement, business de-velopment, 4-6 years lending expe-

rience required. Send resume and salary requirements to kwilliams@bankoncitizens.com.

CONSUMER/COMMERCIAL LENDER needed to manage and grow an ex-isting portfolio for an independent, community bank in Marble Falls, Tex-as. Find more information and apply online at www.abtexas.com.

Small Community Bank located in Wise County, TX is seeking to fill two key positions. CFO is needed to man-age the overall finance and account-ing operations of the Bank. Three to five years CFO experience required. CREDIT ANALYST is also needed to conduct an analysis of the larger com-mercial credits and summarize loan requests to submit to loan committee for approval. Three to five years of analyst experience required. Regula-tory experience a plus. Please send resume to karla@fsbwise.com.

First Financial Bank, Abilene, TX, has an opening for a TREASURY MANAGEMENT SALES REPRESEN-TATIVE. Successful candidate will have a business degree or 3 years sales experience as well as great communication skills and the drive to deliver excellent customer service through product sales. Interested applicants should apply online at www.ffbtexas.com or contact aricci@ffin.com with questions. EOE/AAP.

Large independent financial insti-

tution is seeking a full-time, AUDIT MANAGER. 7-10 years of internal controls and audit procedures expe-rience is required. Extensive knowl-edge of banking laws and regulations as well as previous audit experience strongly desired. Bachelor’s degree required with coursework in Account-ing or Finance. Certified Internal Au-ditor or Certified Public Accountant preferred. Competitive salary and benefits. Position may office in either Austin or Corpus Christi, Texas. For confidential consideration, please apply on-line at www.americanbank.com. Equal Opportunity Employer.

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Page 12 BANKERS DIGEST August 27, 2012

ADDRESS CHANGE - When writing to us about your subscription, enclose the address label from your copy of Bankers Digest. You can also change your address or other information at www.bankersdigest.com under subscriptions.

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Legal Phases (continued from Page 8)

that one shiny nugget. This type of in-dividualized assessment can be hard to do in every case. Fortunately for the banking industry, restrictions on hiring convicted individuals are writ-ten right into the FDIC statute. Banks are prohibited from employing anyone who has been “convicted of any crimi-nal offense involving dishonesty or a breach of trust, or money laundering, or has agreed to enter into a pretrial diversion or other similar program in connection with a prosecution for such offense.” 12 USC § 1829(a). This

prohibition lasts for 10 years from the conviction. This leaves banks with only the re-sponsibility to determine whether to hire individuals who have been con-victed of other offenses. Although banks are not prohibited against hir-ing someone who has been convicted of aggravated assault, this type of conduct (especially in the recent past) probably warrants rejection if the fac-tors outlined above weigh against it. As a parting shot, the EEOC has made clear in its guidelines – specifi-cally using a banking example – that it is not acceptable to apply an even

greater restriction than provided by the federal statutes. Banks should be very careful about extending prohibi-tions beyond the 10 year period pro-vided by statute. In the eyes of the EEOC, the statutory period is suffi-cient Q

About the author: Michael Kelsheimer is a shareholder in the Employment Law Section of Looper Reed & Mc-Graw, PC, Dallas, TX. To view his biog-raphy and sign up for his complimen-tary monthly Employer Handbook, visit: www.texasemployerhandbook.com.