DISPUTE RESOLUTION PROJECT BALLOT 12-2006 July 2006 IFTA Annual Business Meeting.

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Presentation transcript:

DISPUTE RESOLUTION PROJECT BALLOT July 2006 IFTA Annual Business Meeting

Dispute Resolution Project Strengthen the Agreement and the PCR program by creating a mechanism for non-compliance issues identified through PCR to be addressed through the dispute resolution process

Dispute Resolution Project Tasks Completed Discussion and assessment of interest Action plan Refine governing documents Refine PCR process Refine dispute resolution process

Refining the Governing Documents -- Goals Address concerns about the potential for non-material or insignificant issues to go to dispute Allow the IFTA community to decide what is material

Refining the Governing Documents -- Process Compliance review requirements committee Compliance review ballot development committee Ballots

Compliance Review Requirements Committee Review governing documents to identify unnecessary or unclear language and recommend changes thereby providing: Compliance review teams clearer standards for reviewing jurisdictional programs PCRC clearer standards for bringing a jurisdiction into the dispute resolution process

Compliance Review Requirements Committee Rollie Marr (IL) -- Board Liaison Michael Dougherty (MD) -- Chair Rick LaRose (CT) Pat Semrau (MI) -- AC Vicki Haydon (AR) -- PCRC Bill Kron (MS) -- APC Tom Klingman (UPS) -- IAC Debbie Meise (IFTA, Inc)

Compliance Review Requirements Committee Non-critical “should” and “may” provisions identified for referral to standing committees Critical mandatory provisions were identified for further consideration to remove or reword

Compliance Review Ballot Development Committee Review the findings and recommendations of the Compliance Review Requirements Committee and develop ballots to address any unnecessary or unclear language

Compliance Review Ballot Development Committee Rollie Marr (IL) -- Chair Vali Reams (KS) Bob Schwab (MO) John Panza (NC) Audrey Martel (NH) Laura Haney (UT) Syd Andrews (VA) Rena Hussey (VA) Tom Klingman (UPS) Debbie Meise (IFTA, Inc) Dick Beckner (IFTA, Inc)

Compliance Review Ballot Development Committee Prepared a consolidated listing of provisions recommended by the two committees for referral to standing committees Drafted a series of ballots for Board consideration and finalization

Ballots 1 through 11 Results from the work of the two committees and Board discussion Range from low/no impact to substantive changes Importance of discussion Membership decides what is material !

Dispute Resolution Project Tasks Completed Discussion and assessment of interest Action plan Refine governing documents Refine PCR process Refine dispute resolution process

Refining the Program Compliance Review Process Key Elements of Refinement PCR Administrator and Director Jurisdiction involvement in development of compliance plan Follow-up provisions Reassessment provisions Open communication throughout process Considerable time and flexibility for a jurisdiction to come into compliance

Dispute Resolution Project Tasks Completed Discussion and assessment of interest Action plan Refine governing documents Refine PCR process Refine dispute resolution process

Refining the Dispute Resolution Process 1996 Initial ratification -- Board hears disputes 2004 Revisions -- Allow for Board reconsideration 2005 Revisions -- DRC hears disputes, Board is appeals body Ballot Established DRC as standing committee

Out-Standing Dispute Resolution Committee Ed King (CA) -- Chair Tim Galbraith (WI) -- Vice Chair Donna Earle (VT) George Higdon (MS) John Jabas (Frozen Food Express Industries) Tom Klingman (UPS) Richard LaRose (CT) Edgar Roberts (NV) Sheila Rowen (TN) Jan Skouby (MO) Bill Staples (NB) Leanne Tsai (MB) Dar Walters (ID)

Dispute Resolution Project Tasks Completed  Discussion and assessment of interest  Action plan  Refine governing documents  Refine PCR process  Refine dispute resolution process

Dispute Resolution Project Homestretch Tasks Final touches to: PCR Guide Dispute resolution process Accept results of ballots Pass ballot to allow PCRC to refer matters to the DRC

DISPUTE RESOLUTION PROJECT BALLOT July 2006 IFTA Annual Business Meeting