FEB 2012 - Colorado Automobile Dealers Association

Vol. 12, Issue 2
February 2012
The Changing Face of the Next Generation New Car Dealer
Whitney Medved, Medved Autoplex,
Enrolled in NADA Dealer Academy
Be Among Colorado’s
Most Successful Dealerships
50
Participating in the Innovative Dealer Summit
ROUTE TO:
____ Owner/GM
____ Controller
____ GSM
____ Fixed Ops
____ New Car Manager
____ Used Car Manager
PLAN TO PARTICIPATE IN UPCOMING DEALER EVENTS
It was great to see so many of you at the Colorado-Utah Dealer Breakfast during the recently
concluded NADA Convention in Las Vegas. It was our biggest dealer breakfast at NADA yet.
This year’s NADA was also the best-attended in recent history for both dealers and manufacturers.
products and services. There were also many interesting speakers and workshops to choose from.
The only real cloud in an otherwise sunny outlook at NADA was the ongoing issue of manufacturer demands for expensive infrastructure improvements, and as you know, CADA has been a
BE INFORMED &
STAY INFORMED
WITH THE
OPEN ROAD
ENEWSLETTER
To stay current
with dealer news,
management alerts,
upcoming seminar
and event details,
legislative status
reports, regulatory
updates, industry news
and trends, local dealer
milestones, and other
important items, make
sure you are receiving
the weekly Open Road
e-newsletter.
We launched this
service because we
understand the importance you place on
timely information and
communication.
To sign up for
this FREE weekly
service, go to
www.cada
openroad.org/
enewsletter
2
The countdown is on for the Denver Auto Show and the weeklong series of events around the
show, coming to the Colorado Convention Center on March 21-25. Our CADA staff and organizers at the Paragon Group are hard at work putting together a 2012 show that should even top last
year’s. This year’s chair is Herm Brocksmith of Kuni Honda.
The 2011 show broke records. Attendance was up 23 percent over 2010, a clear indicator that
consumers were eager to see and buy new cars. It also set a Colorado Convention Center record
for the largest ever consumer show, occupying a half-million square feet with more than 500 vehicles from 30-plus manufacturers on display.
a sneak peek luncheon at CADA headquarters
for the Rocky Mountain Auto Press (RMAP) at
a luncheon Feb. 23. Other Denver Auto Show
events for you to put on your calendar include:
8am – 4pm (Registration
beginsSunday,
at 7am) March
Sponsorship
Opportuni
5th Annual Green Car Parade – Colorado
Capitol Circle,
18.
Wednesday, March 21, 2012 and
Green Car Convoy
8am - 1:30pm Thursday, March 22, 2012
As an event sponsor, you will benefit from
list includes going from Montrose to Grand
Junction,
Glenwood
Springs,
and
Frisco;opportunities w
Colorado
Convention
Center
highlyVail
visible
sponsorship
14th and
Street
and we will hit Boulder, Longmont, Loveland, Fort 700
Collins,
Greeley.
We will
also visitDealer Summit
supporting
the Innovative
Denver, CO 80202
Sponsorship opportunities are as follows:
Colorado Springs and Pueblo.
Innovative Dealer Summit – Two days, March 21 and 22, jam-packed
informaA 20 xwith
10 Exhibitor
space
A Ten complimentary registrations to the Innovative De
tion for you and your staff about the latest PREMIER
innovative
technologies
and
digital
strategies.
SPONSORSHIPS A Logo placement on IDS Website and related materia
Promotion in weekly industry e-newsletters
$10,000on Athe
Conveniently held at the Colorado Convention Center, beginning
opening day of the
A On-site signage
Title Breakfast Sponsor (exclusive opportunity)
A Networking time
Denver Auto Show. Bring your key people
this
sales
leadership
or Title to
Lunch
Sponsor
(exclusive
opportunity)event.
A Podium presentation**
Charity Preview Party
- Party at the Denve
A Ten tickets to the Charity Preview
munity Foundation. Begins at 4 p.m. March 21 with delicious food, drinks, lots of entertainA 10 x 10 Exhibitor space
ment and our main event: a private preview of the show that opens toA Six
thecomplimentary
public atregistrations
6 p.m.to the Innovative De
A Logo placement on IDS Website and related materia
UMB Bank is out new title sponsor PERFORMANCE SPONSORSHIPS A Promotion in weekly industry e-newsletters
$5,000 A On-site signage
Senior Night – Free admission to show-goers
65+
on Thursday,
March
22.
Breakfast Honor Roll
(co-sponsorship
opportunity)
A Networking time
or Lunch Honor Roll (co-sponsorship opportunity)
A
Podium
presentation**
Industry Night – Free admission to members of the automotive community,
beginning at 5
A Six tickets to the Charity Preview Party at the Denver
p.m. on Friday, March 23.
10 x 10 Exhibitor space
Don’t miss the opportunity to show potential customers what your partsAAdepartments
and cusFour complimentary registrations to the Innovative D
A
Logo
placement
on
IDS
Website
SPORTSTER
SPONSORSHIPS
tomization shops have to offer that will complement
their new
car purchase – or improve the
carand related material
A Promotion in weekly industry e-newsletters
$3,000
they already own. You can get more information about exhibiting in the Denver
A On-siteAuto
signageShow accesA Networking time
sories and customs area from Rich Casey at 781.237.5533 x107 or rcasey@paragonexpo.com.
A Podium recognition
A Four tickets to the Charity Preview Party at the Denve
A Logo placement on IDS Website & related materials
A Two complimentary registrations to the Innovative D
with automotive and automotive-related businesses
and schools. Connect with
organizer DebSTYLE-RIDE SPONSORSHIPS A Podium recognition
A
On-site
bie Taylor at 720.341.9504 or dtaylor80@netzero.net if you’re dealership/group
issignage
interested in
$1,500
A Networking time
participating.
A Two tickets to the Charity Preview Party at the Denve
The excitement’s building for the 2012 Denver Auto Show! I hope to see you all at CADA’s
*non-tra
To become a sponsor of the Innovative Dealer Summit (IDS)
Innovative Dealer Summit and CharityorPreview
Party on
and
all theopportunities,
other events.
for more information
sponsorship
please call Marsha Ferm at 303.888.9100
or email marsha.ferm@coloradodealers.org
or Tim Jackson at 303.831.1722 or email
tim.jackson@coloradodealers.org or tweet #IDS12
Colorado Automobile Dealers Association
Deadline is Monday, March 12, 2012
PRESENTED BY:
February 2012
For more info, visit www.InnovativeDeale
Honorary Event Chair
Bert Williams-President UMB Colorado
Event Chairs
Holly Kylberg-Clock Tower Events
Jim Sullivan-The Sullivan Group
Steve Farber-Brownstein Hyatt Farber & Schreck
Mayor Michael B. Hancock
John Elway - John Elway Chevrolet, EVP Denver Broncos
Clear the Air Foundation Chair
Lee Payne-Planet Honda & Planet Hyundai
Denver Post Community Foundation
Tracy Ulmer
Leadership Committee
Auna Jornayvaz
Monica Owens - Owens Public Affairs
Jayne Buck - Visit Denver
Nicole Beinert - Proxy Partners
Radhika Black - Larimer Associates
Phil & Andrea Gray
Ellen Robinson - ERH Associates
Dan Brown - Spire Financial
Adam Daurio - SaddleUp! Foundation
Joe Vostrejs - Larimer Associates
Sylvia Atencio
Devany McNeil - Lodo District Inc.
Terry Vitale - Colorado Expressions
Patricia Barela Rivera - PBR Solutions
James Mejia - Mejia & Associates
Thiery Kennel - Four Seasons Denver
John Butler - Atlas Apps
Nancy Sagar - Neiman Marcus
Dutch Rebhun - Coldwell Banker
Geoff McFarlane - Jet Companies Inc.
Aaron Lepedis - Fascination Street Galleries
Leigh Sullivan - Leigh Sullivan Enterprises
Quinn Washington - Lifestyles Catering
Andi Leahey - Kentwood City Properties
John Tobey - John Tobey Events
Scott Yenzer
Jim Ryhe - Kentwood City Properties
Tom Lorz
Nate Gill
Chris Hudnall
Diane Nagler - Diane Nagler Public Relations
Streeter McClure - DigitalSafes
Steve Rosdal
Martha Kelce - Coldwell Banker
Everett Martinez - Peck, Shaffer & Williams LLP
Kasia Iwaniczko MacLeod – 5280 Consulting Group Inc.
Event Partners
Bruce Alexander - Vectra Bank
Ivette Dominguez - Alpine Buick GMC
Michael Dommermuth - McGloin Davenport
Severson & Snow, PC
Dean Dowson - Empire Lakewood Nissan
Ben Faricy - The Faricy Boys
Craig Fisher - Fisher Honda Kia
Don Hicks - Shortline Auto
Todd Maul - John Elway Chrysler Jeep Dodge Ram
Mary Pacifico-Valley, Rickenbaugh Cadillac Volvo Fisker
Lisa Schomp - Ralph Schomp Automotive
Mike Shaw - Mike Show Automotive Group
Donald Siegel - Siegel Oil
Gregg Stone - Kuni Lexus
Jack TerHar - Sill TerHar Motors
Bill Wilcoxson - Wilcoxson Buick Cadillac GMC
4pm - 8pm
March 21, 2012
Colorado Convention Center
Who
Fans of new innovative cars, Colorado auto dealers,
policy-makers and the media
What
The Charity Preview Party is the exclusive, Premier Event of the
Denver Auto Show, benefiting the Clear the Air Foundation and
The Denver Post Community Foundation
When
4pm – 8pm: Wednesday, March 21, 2012 – Charity Preview Party
4pm - 6pm: Exclusive Preview of the Denver Auto Show
6pm: Ribbon Cutting, Official Opening of the
2012 Denver Auto Show
6pm - 8pm: Charity Preview Party at the Denver Auto Show
Where
Denver Auto Show – Colorado Convention Center
700 14th Street, Denver, Colorado 80202
Why
RSVP
Experience this exciting event with friends and peers
while supporting the Clear the Air Foundation and
The Denver Post Community Foundation
Tickets can be purchased for $95 per person.
Please purchase tickets at www.CharityPreviewParty.com
Dress is business or cocktail attire
www.DenverPostCommunity.com
www.ClearTheAirFoundation.org
AUTOMOTIVE CAREER FAIR
Current headlines read:
Automakers Race to Keep Up With Sales
In 2011, Colorado Dealers Track 15.5 Percent Ahead of 2010
January New Car Registrations Up 20.2 Percent: National Tracks at 7.2 Pace
on staff to meet consumer demands. CADA is responding by providing an automotive career fair
that will be open every hour during the upcoming Denver Auto Show.
The Automotive Career Fair will afford your dealership/group access to solicit talented, qualinity this is your best chance to actively position your dealership/group for the top available talent.
To participate in the Automotive Career Fair:
Do not miss this unique opportunity to meet with jobseekers
looking for employment in the automotive industry.
Inside the 500,000 square feet Denver Auto Show
25 new car dealers
25 vendors
35 suppliersand
tens of thousands of auto show attendees,
many of whom are jobseekers on-site!
Reserve your booth today!
Wednesday, March 21 through Sunday, March 25, 2012
Special weekday rates plus the third day FREE.
For more information, contact Debbie Taylor at
720.341.9504 or email: info@coloradodealers.org
4
Colorado Automobile Dealers Association
February 2012
8am – 4pm (Registration begins at 7am)
Wednesday, March 21, 2012 and
Sponsorship Opportunities
-
tions8am
- will take
place on Thursday,
Wednesday, March
21, followed
by the Denver
Show
Charityyou
Preview
Party from
4pm
to 8pm and
- 1:30pm
March
22, 2012
As anAuto
event
sponsor,
will benefi
t from
our
Thursday, March 22. Colorado Convention Center
highly visible sponsorship opportunities while
The Innovative Dealer Summit is popular among dealer and industry meetings in that all participant and break-out sessions are
700 14th Street supporting the Innovative Dealer Summit.
conducted during 1-1/2 days and overlays the annual Denver Auto Show.
Denver, CO 80202 Sponsorship opportunities are as follows:
Dealer principals, senior managers, general sales managers, sales leaders, controllers, Internet managers, business development
A 20 x 10 Exhibitor space
A Ten complimentary registrations to the Innovative Dealer Summit*
PREMIER
A Logo
placement
on IDS Website and related materials
percent (45%) of IDS attendees
are in theSPONSORSHIPS
top three decision-making
dealership
positions.
A Promotion in weekly industry e-newsletters
$10,000
A On-site signage
Title Breakfast Sponsor (exclusive opportunity)
A Networking time
Title Lunch Sponsor (exclusive opportunity)
their dealerships theyor
cannot
afford to miss the timely, affordable,Aproblem-solving
and idea-generating Innovative Dealer Summit ’12.
Podium presentation**
A Ten tickets to the Charity Preview Party at the Denver Auto Show
The Holistic Approach to Modern Automotive Sales
Dennis Galbraith - DrivingSales
Registration
Cost is $395 per attendee
A 10 x 10 Exhibitor space
registration is your $95 ticket to the Charity
registrations Included
to thein your
Innovative
Dealer Summit*
Preview Party, the Premier Event of the Denver Auto Show,
The Changing Regulatory and Enforcement Environment for Dealers
A
Logo
placement
on
IDS
Website
and
related
materials
benefi
ting
the
Clear
the
Air
Foundation
and the Denver Post
PERFORMANCE SPONSORSHIPS
in 2012
Randy Henrick - DealerTrack, Inc. A Promotion in weekly industry e-newsletters
Community Foundation.
TOPICS AND PRESENTERS
Introducing $5,000
Digital Natives – Why & How Do They Buy
www.ClearTheAirFoundation.org
A On-site signage
Volker (VJ) Jaeckel - ADP / Cobalt
www.DenverPostCommunity.com
Breakfast
Honor
Roll
(co-sponsorship
opportunity)
Wednesday Luncheon Keynote
A
Networking
time
Consumer Perception is YOUR Reality: Actionable Tips for Using Your
John Paton - Digital First Media/MediaNews Group
Registration options:
or Lunch Honor Roll (co-sponsorship
Online opportunity)
Presence to Overcome Negative Perceptions About Dealership
A Podium presentation**
Service Departments
Auto Shopper Data – Know More About Your Shoppers Than Ever Before
1. Register online at www.InnovativeDealerSummit.com
Kristen Judd - 3 Birds Marketing A Six tickets to the Charity Preview Party at the Denver Auto Show
Jason Ezell - Dataium
2. Fill out the form below and fax it to 303.831.9100
Content IS King: Ten Ways to Get People Talking
Rob Hagen - Next Generation Dealer
Services
A Six
complimentary
A Dealer/GM’s Guide to Creating and Managing a Remarkably Successful
Internet Operation
David Kain - Kain Automotive
Put Your Marketing Budget on a Polygraph Test
Brian Pasch - PCG Digital Marketing
SPORTSTER
Provisioning: The New Science of Used Vehicle Management and
Merchandising
Dale Pollak - vAuto
How Search Has Radically Changed the Way Consumers Shop
for Cars v.2.0
Duncan Scarry - Moore and Scarry
11 Powerful Ways to Increase Traffic and Conversion on Your Website
Todd Smith - ActivEngage, LLC
Use the Power of your Data and Current Tools to Sell More Cars
Sean Stapleton - VinSolutions
Mobile Apps: Creating Long-Term Relationship Channels with Your
Customer
Ben Anderson - Cinemotionstudios.com
Mind-Blowing Internet Marketing Stats and the Marketing Plan You
Can’t Afford Not to Use
Bill Berry - Auto Revo
STYLE-RIDE
Your Website Tells You Buyer Behaviors. Are You Listening?
Kendall Billman - VinSolutions
ZMOT “Why a ZMOT is BS” How Shoppers Really Behave Online
Larry Bruce - MicrositesByU
Social Hiring, Using Social Media to Hire Top Talent
Kathryn Carlson - KPA, LLC
Loyalty Programs in a Digital World: Why You Need One and How
to Build One
Paul Long - Remember Group
February 2012
lauren.stadler@coloradodealers.org
A 10 x 10 Exhibitor space
Your Name_________________________________________________
registrationsDealership
to the
Innovative Dealer Summit*
Name____________________________________________
People, Passion, Principle, Process & Paying Attention – One Dealer’s Road
A Logo placement on IDS WebsiteTitle
and
related materials
SPONSORSHIPS
Map in Becoming One of the Top GM Internet Dealers in the Country
_______________________________________________________
Mark McGurren - PCG Digital Marketing
Phone _____________________________________________________
$3,000 A Promotion in weekly industry e-newsletters
Taking the Zero Moment of Truth (ZMOT) to the Showroom Moment
A On-site signage
eMail ______________________________________________________
of Truth
David Metter - HookLogic
A Networking time
Credit Card # _______________________________________________
Free Ways to Find Your Current Customers on Social Media
A Podium recognition
Exp. __________________ (mm/yy)
Dan Moore - Smart Web Concepts
A Four tickets to the Charity Preview
at the Denver Auto Show
NameParty
on Card ______________________________________________
Connect with Transparency
Wake Up! Social IS Business (The Real Picture and Real Practices)
Gary May - Interactive Marketing A
andFour
Consulting
Services
complimentary
Tori Morandi - AutoTrader.com
How to Implement Change in Your Dealership
Glenn Pasch - PCG Digital Marketing
Billing Address ______________________________________________
City, State & ZIP _____________________________________________
A Logo placement on IDS Website & related materials
Signature __________________________________________________
registrations to the Innovative Dealer Summit*
Why a Blogger is Your Smart HireA
forPodium
2012
recognition
SPONSORSHIPS
Plan to stay
Christine Rochelle - PCG Digital Marketing
Guest rooms are available at
A On-site signage
Seven Ways$1,500
Dealers Can Help Their Search Rankings in Ten Minutes or Less
The Embassy Suites Denver – Downtown Convention Center 1420 Stout
J.D. Rucker - TK Carsites
A Networking time
Street, Denver, CO 80202
Secrets of 4 Million Live Chat Conversations
A Two tickets to the Charity Preview
at theorDenver
PleaseParty
call 800.HILTONS
303.592.1000Auto
to makeShow
your reservation. The
Leveraging Your Existing Data: Effective Marketing
Matthew Redden - DealerSocket A Two complimentary
Eric Schlesinger - ActivEngage, LLC
Innovative Profit Strategies for Fixed Operations
Don Siegel - Siegel Oil Company
To become a sponsor of the Innovative Dealer
DealerSummit
Compliance &(IDS)
Internet Marketing
Bill Walters - Hizer Paul Grueskin LLP
or for more information on sponsorship opportunities,
Update on State Compliance Issues
The Engine of Advertising
Michael Dommermuth, Tammi McCoy - McGloin, Davenport, Severson
please call Marsha Ferm atKirk303.888.9100
Woolridge - Miller Ad Agency
and Snow, PC
or email
marsha.ferm@coloradodealers.org
Top Labor and Employment Issues Confronting
Dealerships
Todd Fredrickson - Fisher & Phillips
or Tim Jackson at 303.831.1722 or email
tim.jackson@coloradodealers.org or tweet #IDS12
Seven Strategies that will Double Your Fixed Ops Profits in 2012
Jeff Clark - DealerOn, Inc.
3. Call or email Lauren Stadler at 303.457.5123 or
room rate is $165 + tax and incidentals per night. Please make sure to mention the Innovative Dealer
Summit to get the discounted
rate.
*non-transferrable
**timed
The deadline for room reservations is March 9, 2012.
Questions? Please call Marsha Ferm 303.457-5115
For more info:
PRESENTED
BY:www.InnovativeDealerSummit.com
ForDealers
more info,
visit www.InnovativeDealerSummit.com
Association
Deadline is Monday,Colorado
March 12,Automobile
2012
5
TITLE PROCESSING:
SIGNATURE/DATING ISSUE ON SECURE POA FORM, DR 2174—
SPECIAL PROCESS ALLOWED FOR EXISTING PAPERWORK
A Nov. 22, 2011 Open Road article, Signature/Dating Issue On Secure
POA Form, provided an alert regarding new scrutiny being applied by county
and state title processing departments on the timing/dating of this form. At
that time, notice was provided that “The state has not yet issued guidance
or exceptions for paperwork already in progress. We will provide an update
when further information is provided.” Requests were made for some grace
period or exception process given that many dealerships had been doing this
incorrectly, and neither counties nor the state had ever rejected based on this
In January, CADA began receiving complaints of rejections in a few counties for paperwork utilizing POAs that been signed right around the time of
the original state notice, with no allowance for DMS system programming changes or that many of those trade-ins simply may not be
sold until much later. The state Titles and Registration indicated a willingness to review various options, but wanted some indication
of the scope of the volume of affected paperwork. CADA sent an urgent alert to the CADA Title Processing Distribution email list.*
paperwork affected, and that tracking down these customers to obtain new POAs would be extremely burdensome to dealerships—and
to counties that would need to reject and re-process this paperwork. The state Titles and Registration department did decide to make
allowance for these incorrectly dated forms—a strike-out of the date and a statement-of-fact will be allowed for these.
All dealerships need to ensure that the bottom signature of the person exercising the power of attorney is not completed or
dated until the title is in-hand. For example, if there is a lien pay-off the date of execution cannot be the trade-in date—alerting
county and state personnel that the form has been improperly dated.
The communications below are avaibable at www.cadaopenroad.org, Feb. 14, 2012 issue:
CADA Dealer Alert, Secure Power of Attorney (POA) Form DR 2174, Signature/Dating Issue—Update on Existing
Paperwork: Exception will be allowed (Feb. 3, 2012, Faxed to all dealerships and emailed to the Title Processing
Distribution list)
State Bulletin, Follow-Up BL11-14 DR2174 Power of Attorney for a Motor Vehicle (Secure POA) - Lien Release
and Duplicate Titles (Feb. 1, 2012)
*NOTE: To ensure your key title processing staff receives urgent title processing communications, send a message to lauren.stadler@
coloradodealers.org with “Add to CADA Title Processing distribution list” in the subject line.
FET GUIDE NOW AVAILABLE IN RESOURCE TOOLBOX
The long-awaited Driven Management Guide, “A Dealer Guide to Federal Excise
Tax Compliance,” completely new, expanded, and up-to-the minute, has been posted
to NADA University’s Resource Toolbox. This guide addresses common FET issues,
and enables truck dealers to apply the tax correctly or to make reasonable assessments in instances where the rules are unclear. It has been written for NADA by FET
experts Mark H. Sidman, J.D. and Rose-Michele Nardi, J.D. of Weiner Brodsky Sidman Kider PC. NADA U is providing the guide as a fully downloadable publication, including an interactive Form 720—and offering
it in individual chapters with tests so that it is a completely trackable educational resource for those ATD members who want to be
able to train employees on the intricacies of the FET rules. The guide, located in Resource Toolbox, Driven, Legal/Regulatory, is free
of charge to members.
6
Colorado Automobile Dealers Association
February 2012
NADA REMINDS DEALERS
TO PROTECT THEIR DATA
LABOR DEPARTMENT:
UNEMPLOYMENT INSURANCE UPDATES
The Colorado Department of Labor and Employment, Unemployment Insurance (UI) Program provided some key reminders and updates to employers in
their latest newsletter. Typically, these changes are provided directly to employers in account statements and other communications. However, some highlights
to bring to your attention are noted below:
Due Dates: Change from Postmarked to Date Received. A change in
regulation means that in order for reports and payments to be timely,
Regulatory Affairs has prepared and disseminated to NADA members a Dealer Alert
entitled “Are You In Control of Your Data?”
This alert, which follows a similar 2005
alert that NADA issued, reminds dealers of
the critical importance of knowing who can
access data in their DMS, how that data is
used, and what federal and state restrictions
may apply to such usage. The alert also explains the availability of extensive educational resources on this and other regulatory
compliance topics at: www.nadauniversity.
com and www.nada.org/regulatoryaffairs.
DUE TO NADA EFFORTS,
CONGRESS HALTS
INCONSISTENT RULE ON
SERVICE ADVISOR EXEMPT
OVERTIME STATUS
2012 Rates: The base rate for most employers remains the same. 2012
rates were provided on Unemployment Insurance Rate Notice forms
quarter 2012 reports due on April 30, 2012. Rates were mailed to each
303.318.9100 (Denver-metro area) or 1.800.480.8299 (outside Denvermetro area).
Independent Contractors
classifying employees as contractors can result in UI back-premiums plus
interest. Employers can also seek advisory opinions if unsure—existing
law requires the UI program to provide an opinion when one is requested.
Visit the Open Road archives at www.cadaopenroad.org for the following
articles on this topic:
13-Dec-11: Press Release: US Labor Dept., Colorado Dept. of
of Employees as Independent Contractors
25-Oct-11: Employee vs. Independent Contractor?
NADA 60-Second Email, 10/21/2011
12-Oct-10: Employee or Independent Contractor?
Guest Article By Michael Charapp
13-Apr-10: Independent Contractors: Be Careful of Employee
Whether a Worker is an Employee or an Independent
Contractor, By Michelle R. Magruder, Esq. of
Nemechek & Magruder, LLC
February 2012
In April 2011, the U.S. Department of Labor
– without any advance warning – issued a
notice indicating that it intended to reverse
its position on the overtime-exempt status of
service advisors. Doing so would have overturned three decades of regulatory interpretation and a consistent line of federal and appellate court rulings that service advisors are
exempt from overtime. It would have forced
dealers to make disruptive compensation and
complicate regulatory compliance. NADA
argued that these changes would expose
dealerships to unnecessary litigation and were
tory remedies, NADA sought assistance from
2012 Omnibus Appropriations Act preserves
the exempt status of service advisors for one
year, until Sept. 30, 2012. With the appropriations bill now on the books, Congress
has sent a clear message that the exemption
should not be altered in the future. For more
information contact Doug Greenhaus of
NADA Regulatory Affairs at 703.821.7040.
Colorado Automobile Dealers Association
7
CLEAR THE AIR FOUNDATION
PARTICIPATION INCREASES
Founded by Colorado Automobile Dealers Association
and its members in 2007, Clear the Air Foundation strives
to effectively lessen the amount of pollution emitted by old
or not properly maintained vehicles on Colorado’s roads.
Incorporated under the laws of the State of Colorado,
the Clear the Air Foundation is a corporation for charitable
GOAL=1000
Air Foundation supports charities that are dedicated to helping Colorado’s citizens who suffer from environment-related
health issues such as asthma and breathing disorders.
We seek to remove old, or otherwise poorly maintained,
vehicles—high hydrocarbon emitters—from the road to
reduce the amount of emissions released into the atmosphere. After a car has been donated to the Foundation, we
the vehicle up (at no charge) from the donor. It is then taken
to an auto recycling company, where it is processed for all
reusable or recyclable parts, the engine, shell and frame are
then crushed, so they can never pollute again. The crushed
metal is then shredded and recycled for new uses.
To date, 131 dealers have participated in the program,
donating 363 vehicles. If you would like to participate in
the Clear the Air Foundation, pelase contact Jill Unfried at
303.880.5139 or jill.unfried@coloradodealers.org.
GOAL = 244
750
200
500
135
250
68
100
35
2012 Vehicle
Pledges =
376
Participating
Dealers =
131
www.ClearTheAirFoundation.org
The following dealers donated to the Clear the Air Foundation in 2011
Planet Honda/Hyundai - 29
Medved Autoplex - 8
Ralph Schomp Honda - 5
Dellenbach Motors - 4
Emich VW - 4
The Faricy Boys - 4
Hajek Chevrolet - 4
John Elway Chevrolet - 4
Longmont Ford - 4
Pro Chrysler Jeep Dodge Ram - 4
Weld County Garage - 4
Dale Spradley Motors - 3
Kuni Honda - 3
Lakewood Fordland - 3
Markley Motors - 3
8
Phil Long Ford Denver - 3
Sill-Terhar - 3
Tynan’s Fort Collins - 3
Berthod Motors - 2
John Elway CJDR - 2
LHM Toyota Colorado Springs - 2
Mazda of Lakewood - 2
McCaddon Calillac Buick GMC - 2
Shortline Auto - 2
Spradley Barr Ft Collins - 2
Suss Buick GMC - 2
Tynan’s Havana - 2
Valley Chrysler Dodge Ram - 2
Boulder Toyota - 1
Brandon Dodge - 1
Dave Solon Nissan - 1
Davidson-Gebhardt Chevrolet - 1
Ed Carroll Motors - 1
Ehrlich Nissan VW - 1
Emich Chevrolet - 1
Fisher Auto - 1
Freeway Ford - 1
Gebhardt VW - 1
Glenwood Springs Ford - 1
Honda of Greeley - 1
Len Lyall Chevrolet - 1
McDonald Hyundai - 1
Mile High Honda - 1
Mountain States Toyota - 1
Pueblo Toyota - 1
South Colorado Springs Nissan - 1
Colorado Automobile Dealers Association
February 2012
xxxxxxx
February 2012
Colorado Automobile Dealers Association
9
MIKE SHAW WINS NATIONAL RECOGNITION FOR COMMUNITY SERVICE
AND INDUSTRY ACCOMPLISHMENTS DURING NADA CONVENTION
Congratulations to our own Mike Shaw, who was named the
2012 national TIME Dealer of the Year earlier this month at the
NADA convention in Las Vegas.Shaw received this highest
honor out of a select group of
dealers from across the country.
The announcement of this
year’s national Dealer of the
by Kim Kelleher, worldwide
publisher of TIME, and Tim
Russi, executive vice president
of North American Operations
– Auto at Ally Financial, at the
formal opening of the convention which was expected to draw more than 20,000 individuals
involved in the automobile industry.
“Auto dealers have a tremendous impact on the vitality and
strength of communities across the U.S.,” said Russi. “Ally is
proud to support these extraordinary dealers who are truly making their communities better places to live and work.”
As part of its support for the program, Ally will make
charitable contributions to local community causes on behalf of
all 50 nominated dealers across the United States. In addition,
the 2012 national TIME Dealer of the Year winner will receive
of his or her choice. To celebrate the valuable contributions of
dealers across the U.S., Ally has also launched a digital hub
(allybizhero.com) featuring engaging content celebrating auto
dealers and their philanthropic achievements.
The TIME Dealer of the Year award is one of the automobile industry’s most prestigious and highly coveted honors.
Recipients are among the nation’s most successful auto dealers
who must also demonstrate a long-standing commitment to
community service. Shaw, 65, was chosen to represent the
Colorado Automobile Dealers Association in the national competition – one of only 50 auto dealers, from 17,000 nationwide,
nominated for the 43rd annual award.
The award is sponsored by TIME Magazine in association
with Ally, and in cooperation with NADA. A panel of faculty
members from the Ross School of Business at the University
regions and one national Dealer of the Year.
ers are always the focus and integrity is never compromised,”
nominee Shaw says.
10
After managing and owning a string of dealerships, he
launched the “Mike Shaw” branded stores in 1994 with Mike
Shaw Chevrolet Saab in Denver. Today, he has six other dealerships in Colorado, Louisiana and Texas. His two sons also work
for the business.
“My actions and ethics as a dealer have helped me become
one of the largest minority-owned car dealers in the nation,”
Shaw explains.
In the area of community service, Shaw incorporates his
business expertise to advance his philanthropic causes.
“Family, ethical behavior and education are values that have
guided me to success,” he says. “I am in the business of selling,
and I bring those same skills to the community organizations
I serve.” In fact, he helped the Boy Scouts turn their popcorn
fundraiser from a $200,000 program into a $3 million bonanza.
“I set it up as if it was one of my dealerships and the Scouts
were salesmen,” Shaw says.
For the past 17 years, he’s been involved with numerous
projects and organizations, including Boys & Girls Clubs of
America, Urban League of Denver, Make-A-Wish Foundation,
Colorado Aids Walk, Food Bank of the Rockies, American Cancer Society (golf classic), Crime Stoppers, Executive Women
International and Seniors Inc., to name a few. His efforts have
garnered numerous awards, but the one that means the most
is the Scouting…Vale La Pena! award, a national Boy Scout
award given for service to Hispanic-American/Latino youth.
says. “Since from an early age the Boy Scouts were instrumental in molding me and instilling my ethical and core values, it is
such an honor to be recognized for giving back and impacting
the lives of our future leaders in this way.”
He has also been an advisor and on the boards of the National Western Stock Show, St. Joseph Hospital Foundation,
Denver Zoological Foundation, Texas State Aquarium, Kempe
Foundation and many others, as well as spearheading numerous
fundraising events.
Shaw says, “I am a person who deeply cares about kids and
their education, especially kids who come from low-income
backgrounds. I am convinced the key to success is education,
and thus, my commitment to kids and
education is a driving
force. I also believe
that what you give,
you get back tenfold.”
IMMEDIATE
Colorado AutomobileFOR
Dealers
AssociationRELEASE
February 2012 Contact:
On the next page is a survey that will be used to compile the Colorado Auto Dealers Economic Impact Report. This report is designed to give government and the media insight into the importance of the retail automobile industry in Colorado’s economy.
In an industry not dominated by one or two major corporations, it is easy for some to lose sight of our collective provision of jobs,
tax revenue, and civic support. As such, we prepare this report periodically so dealer members may share this valuable information
with customers, neighbors, legislators and local media.
We have designed this survey to be as brief and succinct as possible yet collect all the necessary information for a fully informative
report. If you operate more than one dealership, please complete and submit one survey for each location.
completed survey to:
Auto Outlook, Inc.
5 Great Valley Parkway, Suite 234
Malvern, PA 19355
610.640.2907 (FAX)
Please return the survey by March 2, 2012. Your prompt completion and
return of the survey is extremely important and greatly appreciated.
We cannot emphasize enough how valuable this information is in enhancing our
ability to ensure legislators listen to your positions on various legislative matters.
If you have any questions regarding the Economic Impact Study, please contact: Tim Jackson at 303.282.1448 or tim.jackson@
coloradodealers.org, or Lauren Stadler at 303.457.5123 or lauren.stadler@coloradodealers.org.
12
Colorado Automobile Dealers Association
February 2012
COLORADO AUTOMOBILE DEALERS ASSOCIATION
ECONOMIC IMPACT STUDY SURVEY
This study is a critical legislative and public relations tool for Colorado automobile dealers. Please take the time to fill out this survey.
Please mail it to Auto Outlook (5 Great Valley Parkway, Suite 234, Malvern, PA 19355), or fax it to Auto Outlook (610-640-2907).
If you operate more than one dealership, please complete one survey form for each location.
TAXES COLLECTED AND REMITTED - 2011
VEHICLE SALES - 2011 RESULTS
Federal Payroll Taxes (include employer
and employee S.S. and Medicare, and
employee income taxes withheld)
State/Local Payroll Taxes (include state
income taxes withheld)
Real Estate Taxes
$
$
SERVICE AND BODY SHOP DEPTS. - 2011 RESULTS
State Sales and Use Taxes Collected
$
Total Service Dept. Sales
$
Other State/Local Business Taxes
$
Total Body Shop Dept. Sales
$
$
New Vehicle Sales
$
Used Vehicle Sales
$
Total Number of Repair Orders
PARTS AND ACCESSORIES DEPT. - 2011 RESULTS
NUMBER OF EMPLOYEES
as of December 31, 2011
TOTAL EMPLOYEES
Total P&A Sales
$
TOTAL DEALERSHIP - 2011 RESULTS
New Vehicle Sales Dept.
Total Sales All Departments
$
Total Expense
$
Total Advertising
$
$
Title and Registration (Billing)
Contribution to manufacturer
regional advertising funds
Total Payroll
Administration and Office
Total Fringe Benefits
$
Vehicle Prep
(not including Social Security)
Used Vehicle Sales Dept.
Service Dept.
Body Shop Dept.
Parts and Accessories Dept.
$
Other
RETAIL VEHICLES (# of units) - 2011
(Retail sales only)
New
Used
THIS SURVEY MAY BE FAXED TO
AUTO OUTLOOK AT:
610-640-2907
Vehicles purchased by customer
Thank you!
Vehicles leased by customer
TOTAL UNITS (sum of above)
Question #1
What was the total value of capital improvements that have
been made to facilities in 2010 and 2011? $
Question #2
What were your total personal and dealership contributions
to charitable and civic organizations in 2011? $
Question #3
Please indicate the percentage breakdown of your total
advertising expenditures for 2011.
Newspaper
%
Direct Mail
%
Radio
%
Internet
%
Television
%
Other
%
ALL SURVEYS ARE STRICTLY CONFIDENTIAL
February 2012
Colorado Automobile Dealers Association
13
The Denver Auto
Show is the perfect
place for you to
invite your entire
datatbase...yes,
YOU professionally
may invite your
entire customer
database to this
Auto Show!
Last year for the 2011
show, CADA asked our
member dealers to email
a customized auto show
coupon to their customer
database..and guess what?
It worked! A huge number
of people walked in the
show with their “Internet
version of the coupon, sent
by participating dealers.”
Our goal for the 2012
Denver Auto Show is to
increase the number of
dealer participants and
generate another year of
record-setting attendance.
To achieve that goal we
need YOU!
Please honor CADA with
your participation by
utilizing this coupon. If
you want your dealership
name to appear at the top
of a personalized coupon,
send an email to Lauren.
Stadler@coloradodelears.
org. Include the name and
contact information of
your IT/database manager.
We will then send a personalized coupon for your
dealership to forward to
your customer database.
14
Colorado Automobile Dealers Association
February 2012
FOR THE TENS OF THOUSANDS WHO ATTEND,
the Denver Auto Show is the most efficient means of
conveniently comparing several makes and models of
vehicles at one time...in one place...before making an
informed buying decision. The Denver Auto Show
attracts not only car buffs looking for new concepts
and prototypes, but the public who plan to buy a new car,
van or light truck in the up-coming year, as well as
families looking for entertainment.
THE ALLIED SEGMENT includes specialty and
limited production vehicles, handicapped access vehicle
and assist options, van conversions, motorcycles and 4x4
truck accessories, conversion options and equipment.
THE ACCESSORY SEGMENT of the Show includes
everything attendees would use to complement their new
car purchase experience...from waxes and polishes, oils
and lubricants, tire and wheel companies, alarm and
sound systems to car and truck restyling, performance
upgrades, mobile electronics and garage installations.
RECOGNIZED AS THE MOST OUTSTANDING
and comprehensive new vehicle showcase, the Denver
Auto Show is the perfect place to expand your market
reach.
YOU’LL BUILD PROFITS and add to your customer
base, generating revenue both on-site and long after the
Show is over by meeting face-to-face with one of the
largest car and truck enthusiast audiences assembled in
one place!
CAR BUYERS NEED MORE INFORMATION
TO UNDERSTAND, APPRECIATE
FUEL ECONOMY BENEFITS
Late last month NADA directors Don Chalmers of New Mexico, Bill Willis of Delaware and
Forrest McConnell of Alabama represented the association and dealers nationwide at three public
hearings on proposed fuel economy rules for model year 2017-2025 passenger cars and light-duty
trucks. Their testimony centered around one theme: affordability. In other words, how will the new
rules affect Americans’ ability to buy the types of cars and trucks manufacturers will be required to
Chalmers, who also serves as chairman of NADA’s Government Relations Committee,
summed it up to a Wall Street Journal reporter this way: “Doesn’t matter if beans are a nickel a
bushel, if you can’t get the nickel you can’t get the bushel.”
The affordability argument has been at the center of NADA’s stance on fuel economy since the
as the Obama administration, federal regulators and environmental groups continue to argue that
Up-to-Date
News from
NADA
NADA Heawdlines,
a compilation of the
retail stories, is a
FREE e-newsletter
published Monday
through Friday. Along
with top stories,
NADA Headlines
features original
news content, NADATV reports, links to
interviews featuring
NADA leaders,
photos, and timely
sponsor/ad messages. Go to www.
nada.org to sign up
for NADA Headlines
or ATD Insider, the
e-newsletter for the
American Truck
Dealers division
of NADA.
16
come to my new vehicle showrooms, they rarely, if ever, engage in upfront fuel economy ‘payback’ analyses.”
they can afford. And any “payback” they receive will depend on several variables, including the
number of miles they drive and fuel prices. In the coming months, NADA will continue to raise
standards for 2017-2025. And, as Chalmers indicated in his testimony, initial analysis shows that
the administration’s fuel economy proposal grossly underestimates costs – meaning actual retail
prices may increase by as much as 60 percent.
That is a bushel none of us can afford.
Performance Measurement
Update Coming to Resource Toolbox
The 2012 ATD Performance Measurement Update
is expanded to provide heavy-duty truck dealers with
more relevant and comparative performance guides
as well as new parts, service, and body shop information. The new publication offers analysis of 60 Critical Operating Variables (COVs) from ATD 20 Group
members for calendar year 2010 and October YTD
tors—of economic performance for a heavy truck dealership. The COVs are grouped according to
two categories—All-Dealers Average and Best-of-Class Average. Look for the 2012 edition soon
in Resource Toolbox, Industry Information.
New NADA 20 Groups Forming
New NADA 20 Groups are forming for Honda
dealers and for Internet Managers (all makes). For
information, call 703.749.4744.
Colorado Automobile Dealers Association
February 2012
CAFE: Dealers Know What Sells
The following letter to the editor by NADA Chairman Stephen Wade was published
in the Jan. 23 issue of Automotive News.
To the Editor:
The Jan. 16 editorial about fuel economy (“NADA must be reasonable about CAFE proposals”)
overlooks a couple of key points:
The National Automobile Dealers Association supports both continuous improvement in fuel
economy and a single national standard to help get us there.
When it comes to determining what sells in the showroom, auto dealers are in the best position to offer relevant comment.
not a major factor when deciding what car to buy. Price matters most. So when we learn that the proposed standards could add at least $3,200 to the price of the average car, we are naturally concerned.
The proposed rule requires a leap of faith, a sort of build-it-and-they-will-come approach, which
Administration public hearing in Detroit on Jan. 17, for example, manufacturer after manufacturer
cautioned that there is no certainty as to how consumers will respond. It’s no wonder that even they
called for a strong midterm review in 2018.
The manufacturers may be able to produce the right product mix, but it is the dealer who will
have to pay for the product and then hope there are interested consumers. Dealers have already lived
-
February 2012
Colorado Automobile Dealers Association
MARK YOUR
CALENDAR:
NADA-Google
Learning Hub Series
at No Charge
to Members!
NADA University and
Google are presenting a
series of four webinars,
offered at no charge to
NADA and ATD members
“The Smartphone Revolution,” is activated ondemand for members in
Learning Hub, in the Internet category. Next up is
“The Google+ Project for
Dealers,” to be presented
live on Feb. 29. Other
dates and topics to be announced soon.
17
OFFICERS
Stephen T. Zeder
Bighorn Toyota
Glenwood Springs – District #12
Chair – Member Services Committee
Chair of the Board
Don Hicks
Shortline Auto, Denver
Vice Chair
John Carroll
Ed Carroll Motor Co., Fort Collins
Treasurer
Bill Hellman
Hellman Motor Co., Delta
Secretary
Thom Buckley
Red Noland, Colorado Springs
Immediate Past Chair
Don Gerbaz
Berthod Motors, Glenwood Springs
DIRECTORS
Lee Payne
Clear the Air Foundation
Planet Honda
Herm Brocksmith
Chair – Denver Auto Show Committee
Kuni Honda
CADA STAFF
Vice President
Tammi L. McCoy
tammi.mccoy@coloradodealers.org
303.282.1449
Jim D. Lyall
Len Lyall Chevrolet
Aurora – District #2
Doug Moreland
Moreland Automotive
Thornton – District #3
Bond Coordinator
Linda Toteve
linda.toteve@coloradodealers.org
303.457.5122
Ed Dobbs
Land Rover Flatirons
Superior – District #4
Executive and Communications Assistant
Lauren Stadler
lauren.stadler@coloradodealers.org
303.457.5123
Christina Dawkins
Co’s BMW Center
Ft. Collins – District #5
Services Coordinator
George Billings
george.billings@coloradodealers.org
303.457.5117
Todd Maul
John Elway
Greeley –District #6
John Motschall
Ehrlich Toyota East
Ft. Morgan – District #7
Mike Cimino
Phil Long Ford Lincoln of Colorado Springs
Colorado Springs – District #8
Larry Spradley
Spradley Chevrolet Hyundai
Pueblo – District #9
Pat Murphy
Morehart Murphy Regional Auto Center
Durango – District #10
18
Todd Maul
John Elway Chevrolet, Englewood
LPC Chair
President
Tim Jackson, CAE, CMP
tim.jackson@coloradodealers.org
303.282.1448
Todd Bondy
Murray Motor Imports
Glendale – District #1
Mike Marquez
John Roberts Motor Works
Gunnison – District #11
Jeff Carlson
Glenwood Springs Ford
Colorado NADA Director
Insurance Services - Account Manager
Deb Lay
deb.lay@coloradodealers.org
303.282.1453
Insurance Services - Account Manager
Bob Kogel
bob.kogel@coloradodealers.org
303.282.1457
Field Services Manager
Polly Penna
polly.penna@coloradodealers.org
303.457.5119
Clear the Air Foundation Program Coordinator
Jill Unfried
jill.unfried@coloradodealers.org
303.880.5139
Colorado Automobile Dealers Association
February 2012
October 2011
Colorado Automobile Dealers Association
15
For the most current list of other on-going CADA seminars and events,
please visit the online calendar at www.coloradodealers.org/calendar
EVENT DESCRIPTION
DATE/TIME
LOCATION
WEBINAR: How to Use Active Online
Car Shopper Data to Grab More Sales
Online
Thursday, March 1
at 11am
Go to coloradodealers.dealersedge.
com/all-dealersedge-webinars/
upcoming-live-webinars.html
WEBINAR: Tips for Improving Lead-
Thursday, March 8
at 11am
Go to coloradodealers.dealersedge.
com/all-dealersedge-webinars/
upcoming-live-webinars.html
WEBINAR: How to Evaluate Parts
Department Performance
Online
Thursday, March 15
at 11am
Go to coloradodealers.dealersedge.
com/all-dealersedge-webinars/
upcoming-live-webinars.html
Innovative Dealer Summit
March 21-22, 2012
Denver, Colorado
Online
Denver
More details coming soon!
Denver Auto Show
March 21-25, 2012
Colorado Convention Center
Denver, Colorado
More details coming soon!
Every Thursday
at 10-11am
For more information
and to sign-up go to
www.kpaonline.com/webinars
Denver
Online/Ongoing
Phone Fundamentals Online Course Posted to NADA U Learning Hub
“Phone Fundamentals: Use Them or Lose Customers” is now available in the new Fundamentals category on
NADA University’s Learning Hub. Other courses coming soon to Learning Hub are “Automotive Accounting,”
in the Business Management category, and “Cash Flow Management Basics” in the Fundamentals category.
Reserve Your Seats in NADA Academy 2012
Here are the class starts for 2012. Department managers can enroll in any individual
class week. Call 800.557.6232 for more information and visit www.NADA.org/
nadauniversity/academy to download schedule and applications.
- Dealer Candidate Academy (DCA): May 7; June 25; Sept. 10; Oct. 22
- General Dealership Management Academy (GDM): May 21; Sept. 17; Oct. 8
- ATD Truck Dealer Academy: June 11
AUTO INDUSTRY RESOURCES
Auto Industry Division: 303.205.5746, www.colorado.gov/revenue/AID
Titles/Registration: 303.205.5608, www.colorado.gov/revenue/dmv (Select “Title - Register a Vehicle” link)
Department of Revenue Taxation: www.colorado.gov/revenue/tax
Bulletin questions or comments? If you have questions about items in this newsletter or suggestions for future
articles, please contact Lauren Stadler at 303.457.5123 or e-mail to lauren.stadler@coloradodealers.org.
DISCLAIMER: CADA IS NOT AUTHORIZED TO DISPENSE LEGAL ADVICE. THE INFORMATION CONTAINED IN THIS NEWSLETTER IS FOR
INFORMATIONAL PURPOSES ONLY. CADA ADVISES THAT DEALERS CONSULT LEGAL COUNSEL ON THE SPECIFICS OF ANY LAW OR
REGULATION TO ENSURE FULL COMPLIANCE.