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Kenneth Bacon

Director at ARBOR REALTY TRUST
Board

About Kenneth J. Bacon

Kenneth J. Bacon, age 70, has served as an independent director of Arbor Realty Trust (ABR) since April 2020 and is currently a Class III director with a term expiring at the 2027 annual meeting . He is co-founder and Managing Partner of RailField Partners (multifamily-focused advisory and asset management), and previously spent 19 years at Fannie Mae as EVP of the Multifamily Mortgage Business, building its portfolio from $56B to over $195B and directing affordable housing investments; he is deemed financially literate and serves on ABR’s Audit Committee and Corporate Governance Committee .

Past Roles

OrganizationRoleTenureCommittees/Impact
RailField PartnersCo-founder & Managing PartnerStarted 2013 Multifamily advisory and asset management focus
Fannie MaeEVP, Multifamily Mortgage Business19 years Grew portfolio $56B→$195B; oversaw >$6B equity/mezz; led American Communities Fund
Resolution Trust CorporationDirector, Office of SecuritizationNot disclosed Led securitization function
Morgan StanleyOfficer positionsNot disclosed Capital markets experience
Kidder PeabodyOfficer positionsNot disclosed Investment banking experience

External Roles

OrganizationTypeRoleCommittee/Function
Welltower, Inc.Public companyChairman of the BoardBoard leadership
Comcast CorporationPublic companyDirectorNominating & Governance Chair
Ally Financial, Inc.Public companyDirectorRisk Committee Chair
DominiumPrivate companyDirectorAffordable housing developer/operator
Martha’s TableNon-profitBoard ChairCommunity nonprofit leadership
Urban InstituteNon-profitBoard MemberPolicy research governance
Georgetown Univ. McDonough (Steers Center)AcademicAdjunct ProfessorGlobal real estate teaching
The Real Estate RoundtableIndustry groupMemberPolicy engagement
Real Estate Executive CouncilIndustry groupBoardIndustry leadership
National Multifamily Housing CouncilIndustry groupMemberMultifamily advocacy

Board Governance

CommitteeRoleChair2024 ActivityScope
Audit CommitteeMember Melvin F. Lazar 4 meetings; 1 unanimous consent Financial statements, auditor independence/performance, internal audit, cybersecurity, legal/regulatory compliance
Corporate Governance CommitteeMember Elliot Schwartz 3 meetings; 1 unanimous consent Director nominations, board operations, committee slates, ESG oversight
  • Independence: Board determined Bacon is independent under NYSE standards (one of eight independent directors) .
  • Engagement: Board met 11 times and acted by unanimous written consent 7 times in 2024; no incumbent director attended fewer than 75% of Board/committee meetings .
  • Executive sessions: Independent directors meet regularly without management, chaired by the Lead Director .
  • Lead Independent Director: Role held by William C. Green, liaising between chair/board, presiding over executive sessions, and managing agendas/information flow .

Fixed Compensation

YearCash Fees ($)Stock Awards ($)Shares Granted (#)Total ($)
2024120,000 116,301 9,172 (fully vested common shares) 236,301
2025 (grant detail)9,545 (fully vested RSUs, elected deferral)
  • Director program (2024): Non-management directors receive $217,500 total value (cash $100,000 + stock ≈$117,500); committee chairs receive additional cash (Audit $25,000; Governance $20,000; Compensation $15,000); committee members receive $10,000; Lead Director +$50,000; continuing education reimbursement up to $2,500 .
  • Equity grant mechanics: Common stock awards for directors are fully vested at grant; directors may elect cash in lieu of equity if ownership threshold met; Directors can defer equity into RSUs under the Director Deferred Comp Plan .

Performance Compensation

  • ABR discloses no performance-based compensation for directors; director pay is structured via fixed cash retainers, equity grants, and committee fees without performance metrics tied to director awards .
  • Performance-based metrics apply to named executive officers (NEOs), not directors (e.g., distributable EPS, TSR goals for CEO awards) .

Other Directorships & Interlocks

CompanySectorBoard/Committee RolePotential Relevance
Welltower, Inc.Healthcare REITChairmanReal estate governance expertise
Comcast CorporationMedia/TelecomNominating & Governance ChairGovernance oversight practices
Ally Financial, Inc.Banking/FinancialsRisk Committee ChairRisk management oversight
  • No ABR disclosure of related-party transactions involving Bacon; independence affirmed after Board review of relationships for all directors, with specific independence reviews noted for other directors (Effron, Wilkens, Tsunis, Green) .

Expertise & Qualifications

  • Multifamily finance and securitization: Led Fannie Mae’s multifamily business; portfolio growth and capital deployment track record .
  • Governance and risk: Committee chair roles at large public companies (Nominating & Governance; Risk) .
  • Financial literacy: Audit Committee member; Board determined all Audit Committee members are financially literate .
  • Academic/public policy engagement: Adjunct professor (Georgetown), Urban Institute board, non-profit leadership .

Equity Ownership

ClassAmount% of ClassNotes
Common Stock48,929 * (<1%) Beneficially owned common shares
Deferred RSUs9,545 RSUs fully vested (2025 grant); elected deferral beyond 60 days
  • Stock ownership guidelines: Directors must hold equity equal to five times prior-year total cash compensation; new directors have five years to comply; one-year cure if below threshold .
  • Hedging/pledging: Insider trading policy prohibits directors/officers from pledging, hedging, or trading derivatives on ABR stock .
  • Section 16 compliance: ABR reports all required Forms 3/4/5 were filed timely for 2024 .

Governance Assessment

  • Strengths

    • Independent director with deep multifamily and securitization experience; serves on ABR Audit and Corporate Governance Committees, supporting oversight of financial reporting, cybersecurity, and ESG .
    • Demonstrated governance leadership at large-cap boards (Welltower chair; Comcast governance chair; Ally risk chair), signaling strong risk and governance orientation .
    • Alignment mechanisms: Meaningful director equity grants; strict stock ownership guidelines (5x cash) and prohibition on pledging/hedging; ability to defer equity reinforces long-term focus .
    • Attendance: Board/committee attendance standards met across the Board in 2024 (≥75% for all incumbent directors) .
    • Compliance: No delinquent Section 16 filings reported .
  • Potential Risks/Red Flags

    • Multiple public-company commitments (Welltower, Comcast, Ally) imply significant time demands; ABR discloses independence but not director-specific attendance beyond aggregate thresholds .
    • ABR’s related-party transactions primarily involve CEO/ACM and affiliates; Bacon is not named, but ongoing monitoring is warranted given ABR’s complex affiliate dealings .
    • Annual meeting attendance is encouraged but not required; only four directors attended in 2024 (virtually), with no director-by-director disclosure—limiting visibility on individual engagement at shareholder meetings .
  • Net Assessment

    • Overall governance signals are positive: independence affirmed, committee roles align with expertise, and ownership/insider policies support investor alignment; no Bacon-specific conflicts or related-party exposures disclosed .

RED FLAGS: None disclosed specific to Kenneth J. Bacon (no related-party transactions, no pledging/hedging, timely filings). Continued monitoring of workload across external boards and ABR’s affiliate transactions is advisable .