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DISPUTE RESOLUTION PROJECT BALLOT 12-2006

DISPUTE RESOLUTION PROJECT BALLOT 12-2006. 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.

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DISPUTE RESOLUTION PROJECT BALLOT 12-2006

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

  2. 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

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

  4. 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

  5. Refining the Governing Documents -- Process • Compliance review requirements committee • Compliance review ballot development committee • Ballots 1 - 11

  6. 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

  7. 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)

  8. 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

  9. 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

  10. 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)

  11. 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

  12. 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 !

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

  14. 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

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

  16. 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 2-2005 -- Established DRC as standing committee

  17. 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)

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

  19. Dispute Resolution Project Homestretch Tasks Final touches to: • PCR Guide • Dispute resolution process • Accept results of ballots 1 - 11 • Pass ballot 12-2006 to allow PCRC to refer matters to the DRC

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

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