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MAY 15, 2012

TITLE SPONSOR OF THE
2012 CHARITY PREVIEW PARTY
IN THIS ISSUE
SPECIAL ANNOUNCEMENTS
– Dealers Urged to Participate in NADA Workforce / Compensation Study
DEALER NEWS & INFORMATION
– Auto Industry News at a Glance
REGULATORY & LEGAL UPDATES
– EEOC Issues Final Rule on RFOA Defense to Disparate Impact Age Claims
– Title Processing Alert: Denver Motor Vehicle - Peoria Office Closed the Week of May 14th; Plus Denver Survey Request
LEGISLATIVE UPDATE
– CADA Bill Tracker
UPCOMING SEMINARS
– Colorado Dealer Counsel - Luncheon & Issues Briefing
– Unclaimed Property Workshops
– KPA Weekly Webinar
– Upcoming Seminars
CALENDAR OF EVENTS
– CADA Annual Member Golf Event
– Upcoming Events
DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS
– Share Your Accomplishmens
THE AFTERFACT
–All the News That's Fit to Email!
ARCHIVES
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CLICK HERE for an Index of Regulatory
& Legal Articles from the Open
Road e-newsletter.
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CLICK HERE for Colorado Auto
Outlook archives.
CLICK HERE for Denver Auto
Outlook archives.
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MEMBERSHIP RESOURCES
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Endorsed Vendors/Programs.
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www.nada.org

www.aiada.org
CLICK HERE for NADA
Regulatory Affairs information.
STATE GOVERNMENT RESOURCES
CLICK HERE for the Auto Industry
Division of the Colorado Dept.
of Revenue.
CLICK HERE for the Title and
Registration section of the
Colorado Dept. of Revenue,
Motor Vehicles Division.
CLICK HERE for the Colorado
Department of Labor &
Employment website.

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ENDORSED VENDOR/PROGRAMS
CLICK HERE for information about the
Endorsed Programs.
Contact Polly Penna at CADA to request more information on any of the programs below: polly.penna@coloradodealers.org
Choosing a CADA endorsed provider supports our work for the Colorado retail vehicle industry.
________

www.afadvantage.com
Supplemental Employee Benefits
________

www.federatedinsurance.com
General Liability
________

www.incom-direct.com
Merchant Transaction Processing
________

http://www.kpaonline.com/
HR Management & Online Compliance
Environmental / Health & Safety Compliance
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www.lbtelecom.net
Telecommunications
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www.business.officedepot.com
Office Supplies
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www.reyrey.com/solutions/document
_solutions
Document Solutions / Forms
________

www.siegeloil.com
Oil, Lubricants, Service Chemicals & Reconditioning Products
________

www.unifirst.com
Uniforms / Standard Workwear
________


www.pinnacol.com
Workers Compensation
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DEALERS URGED TO PARTICIPATE IN NADA WORKFORCE / COMPENSATION STUDY
Deadline Is TODAY, May 15th!
NADA Dealership Workforce Study – Colorado Participants as of May 15, 2012
Total = 53 respondents:
Berthod Motors Inc |
CO |
Cook Chevrolet Sabaru |
CO |
Daniels Long Chevrolet |
CO |
Dellenbach Motors |
CO |
Faricy Ford Lincoln Inc |
CO |
Fisher Auto Inc |
CO |
Gateway Mazda |
CO |
Glenwood Springs Ford Lincoln |
CO |
Glenwood Springs Subaru |
CO |
Grand Junction Chrysler Jeep Dodge, Inc |
CO |
Groove Toyota Scion |
CO |
Hellman Motor Co |
CO |
Hudson Auto Source, Inc. |
CO |
John Elway Chevrolet |
CO |
John Roberts Motor Works |
CO |
Kuni Honda |
CO |
Kuni Lexus LLC |
CO |
Lakewood Fordland Inc |
CO |
Land Rover Flatirons |
CO |
Len Lyall Chevrolet Inc |
CO |
Markley Motors Inc |
CO |
McCaddon Cadillac Buick GMC |
CO |
McCandless Truck Center LLC |
CO |
Medved Chevrolet Cadillac |
CO |
Mercedes Benz of Colorado Springs |
CO |
Mike Ward Infiniti |
CO |
Montrose Ford Nissan |
CO |
Morehart Murphy Regional Auto Center |
CO |
Murray BMW of Denver |
CO |
New Country Auto Center Inc |
CO |
Pedersen Toyota Scion Volvo |
CO |
Phil Long Audi |
CO |
Phil Long Ford Chapel Hills |
CO |
Phil Long Ford Lincoln of Motor City |
CO |
Phil Long Ford Of Denver |
CO |
Phil Long Hyundai Motor City |
CO |
Pikes Peak Acura |
CO |
Planet Honda |
CO |
Planet Hyundai |
CO |
Prestige Chrysler Dodge |
CO |
Pro Chrysler Jeep Dodge Ram |
CO |
Quality Mitsubishi Inc |
CO |
Ralph Schomp Honda Mini |
CO |
Red Noland Infiniti Jaguar Land Rover |
CO |
Rickenbaugh Volvo Inc |
CO |
Spradley Barr Ford Inc |
CO |
Summit Ford |
CO |
Suss Buick GMC Truck |
CO |
The Faricy Boys Chrysler Jeep |
CO |
Tri-County GM Inc |
CO |
Vidmar Motor Company |
CO |
Vince's GM Center |
CO |
Weld County Garage |
CO |
NADA and ATD member dealers have until May 15, 2012, to take part in NADA’s new Dealership Workforce Study (DWS) that will analyze employee compensation, benefits, turnover and other data. There is no cost to participate in the study. This enhanced annual study replaces the prior biennial NADA Compensation Study.
“The study will provide dealers with valuable comparative data to assess and adjust, if necessary, their employee compensation programs, health and retirement benefit packages, and find out what it takes to be competitive in recruiting new employees,”
said Marilynn Youngs, senior director of NADA University.
The online survey should take you about 20 minutes to complete! You do not have to go through your payroll records at all. Simply download your payroll data from your DMS, save in the Excel template provided on the DWS website, and upload using the secure web server. Follow the step-by-step instructions on the DWS website. 
***Visit the survey web site to participate***
www.nadaworkforcestudy.com
Participating dealers receive an individualized comparison report (Basic Report) and a Driven Management Guide summary report at no charge.
Why should I participate in the DWS?
- Learn how your dealership compares to other dealerships in terms of compensation, benefits, retention, turnover, and other factors—and fine-tune your pay plans and benefits packages to enhance your recruitment, motivation, and retention efforts
- Make the results as complete, detailed, and statistically valid as possible—the more participants, the more authoritative the study can be
- Provide the data to enable NADA and your state and metro associations to better serve your interests in legal and legislative matters
- Provide information that NADA University can use to determine the HR issues facing dealers and to develop the educational solutions needed to address those issues
Additional Information:
CADA Open Road is now beginning its sixth year of service, providing uninterrupted weekly news and information for Colorado automotive professionals to better compete in our industry, since January 3, 2007.

AUTO INDUSTRY NEWS AT A GLANCE
Listed here are several articles pertaining to the
auto industry in general that appeared recently in newspapers and other media outlets across the nation.
- Denver Zoo gives sneak peek of new Elephant Passage exhibit
The Denver Post, May 12


Several hundred people were lined up for a sneak preview of the Denver Zoo's new 10-acre Toyota Elephant Passage exhibit Saturday morning.
- Carroll Shelby: Auto legend put American muscle on the road
Detroit Free Press, May 13

Shelby, who died in his native Texas on Thursday at age 89, is best known for the legendary Shelby Cobra, which married a big American V8 to a lightweight body and became one of the auto industry's timeless icons of performance.
- Carroll Shelby, driver and designer of high-speed sports cars, dies at 89
The Washington Post, May 12
Carroll Shelby, a failed chicken farmer who roared out of the hills of East Texas to become a champion race car driver and the father of the muscle car, building some of the fastest and sleekest sports cars ever to hit the highway, died May 10 at age 89.
- American racing legend Carroll Shelby dead at 89
Fox News, May 11
Carroll Shelby, the legendary auto racer and car designer who built the fabled Shelby Cobra sports car and injected testosterone into Ford's Mustang and Chrysler's Viper, has died. He was 89.
- Idea man Carroll Shelby was auto legend
The Detroit News, May 12

The great snake charmer, Carroll Shelby, the force behind Ford's Cobra Mustangs and Chrysler's Viper racing and high-performance street machines, died Thursday at a Dallas hospital. He was 89.
- Carroll Shelby, Car Builder Who Added Muscle to American Racing, Dies at 89
The New York Times, May 11
Carroll Shelby, a Texas chicken farmer turned hot-rodder who went on to build innovative sports cars like the Cobra that challenged Europe’s longtime dominance of road racing as well as high-performance versions of production cars like the Ford Mustang, died on Thursday in Dallas. He was 89.
- Carroll Shelby dies at 89; cult classic car designer
The Los Angeles Times, May 12
Carroll Shelby, the charismatic Texan who parlayed a short-lived racing career into a specialized business building high-performance, street-legal cars, died Thursday. He was 89.
- Auto legend Carroll Shelby, father of Cobra, dies
USA Today, May 11

Carroll Hall Shelby, the Texan who created the famous Shelby Cobra and uncounted other high-performance machines that have enlivened -- and in some cases revolutionized -- the auto world for 50 years, died Thursday night in Dallas at age 89.
- Legendary car designer, racer Shelby dies at 89
Daily Herald, May 14
Decades after a heart condition forced him to retire from racing, Carroll Shelby still loved to drive muscle cars. Well into his 80s, the legendary car designer spent hours testing his last Mustang Shelby GT500, which sets a new record for horsepower and hits a top speed of more than 200 miles per hour.
- Carroll Shelby dies at 89; champion driver, famed designer gave sports cars their muscle
South Coast Today, May 14
Carroll Shelby, a failed chicken farmer who roared out of the hills of East Texas to become a champion race car driver and the father of the muscle car, building some of the fastest and sleekest sports cars ever to hit the highway, died May 10 at age 89.
- Carroll Shelby: 1923-2012
Auto Week, May 11

People in the small village of Lubczyna, Poland did a little bit more than just talk about how annoyed they were with a young man's irresponsible driving habits.
- Havana Street in Denver and Aurora has been wheeling, dealing on cars for decades
The Denver Post, May 13

When Robert Gleave opened a used-car dealership on Havana Street 17 years ago, he was well aware of the thoroughfare's distinct automotive history.
- New Country Auto sold
The Durango Herald, May 11
New Country Auto Center has been sold to Rydell Chevrolet of Grand Forks, N.D.
- NY auto show; a fashion show for cars
Tim W Jackson, Wordpress Blog
See more at http://timwjackson.wordpress.com
- GM's Akerson: U.S. political system is 'broken'
Detroit News, Autos Insider
See more at www.autosinsider.com
- Reviewing the Lexus GS 350
The New York Times, Wheels
See more at http://wheels.blogs.nytimes.com
- Obama takes aim at Romney over auto bailout
USA Today, DriveOn
See more at http://content.usatoday.com/communities/driveon/index
- Now That's a Used Car
Los Angeles Times, Autos
See more at http://www.latimes.com/classified/automotive/highway1/
- New Book Names Chrysler Minivan One Of 15 Most-Influential Cars Of All-Time
AOL Autos
See more at http://autos.aol.com/
- New Chrysler Battling Old Defects
The Wall Street Journal CARS
See more at http://online.wsj.com/public/page/news-autos-automotive.html
- Auto designer, racer Carroll Shelby dies
CNN Money
See more at http://money.cnn.com/autos/
…more news articles are included at the end of this issue.

EEOC ISSUES FINAL RULE ON RFOA DEFENSE TO DISPARATE IMPACT AGE CLAIMS
The Equal Employment Opportunity Commission issued final regulations on March 30 interpreting the current state of the “reasonable factor other than age” or RFOA defense to disparate impact age discrimination claims. The EEOC had to revise existing Age Discrimination in Employment Act regulations after two U.S. Supreme Court decisions criticized them. In these cases, the Court recognized disparate impact ADEA claims and placed the burden on employers to prove an RFOA defense. Smith v. Jackson (2005) and Meacham v. Knolls (2008).
Employer representatives feel that the EEOC has gone too far with its revisions and that the new regulations “impose unwarranted burdens” on employers attempting to prove an RFOA defense. The regulations now say that employers must show more than a rational basis to support the non-age factor offered. They also require non-age factors to be reasonable in both design and application. And, the regulations contain a non- exhaustive list of considerations for determining whether the employer’s challenged action was reasonable and based on factors other than age.
The regulations go into effect April 29. The full text of the final regulations is available here. For additional Q&A from the EEOC, click here.
* * * * * * * *
TITLE PROCESSING ALERT: DENVER MOTOR VEHICLE - PEORIA OFFICE CLOSED THE WEEK OF MAY 14TH; PLUS DENVER SURVEY REQUEST
The Denver Motor Vehicle department has requested that CADA alert all dealership title processing departments regarding the following closure. The purpose of this one-week trial with no dealership drop-offs at just this one location is to try procedural changes that should improve the overall effectiveness for everyone. 
ATTENTION: All Dealers and Runners:
Denver Motor Vehicle will be conducting an Evaluation Program at our Peoria MV Office, 4685 Peoria Street from Monday, May 14, 2012 thru Friday, May 18, 2012.
In order to evaluate our processes to better serve all segments of customers, DMV will not be able to serve our local Dealers/Runners at this location during that week. We ask that all Dealers/Runners visit one of the following branches for services during this evaluation period:
- NW Branch Office, 3698 W. 44th Ave.
- SW Branch Office, 3100 S. Sheridan Blvd
- Welton Branch Office, 2736 Welton St.
For your convenience during this evaluation period, all branch locations will be accepting “drop off” paperwork. The Peoria Branch Office will not be processing any counter transactions during this time.
We apologize in advance for any inconvenience that this may cause and appreciate your cooperation in our effort to improve your and the rest of our customers Denver experience!
Thank you for your cooperation in this matter.
DMV Management
CLICK HERE for a PDF version of the above notice to distribute to staff.
SURVEY REQUEST: Additionally, the Denver MV Management would like to hear from as many dealerships as possible: CLICK HERE for a survey. Please return the survey as soon as possible!
* * * * * * * *
If you have questions on any legal or regulatory topic, please contact:
DISCLAIMER: CADA is not authorized to dispense legal advice.The information contained in this weekly email is intended to provide important updates and reminders regarding statutes, litigation, and regulations. CADA always advises that dealers should consult legal counsel on the specifics of any laws or regulations to ensure proper compliance

CADA BILL TRACKER
Follow the Colorado Auto Dealers Bill Tracker HERE!

COLORADO DEALER COUNSEL - LUNCHEON & ISSUES BRIEFING
Legal, regulatory and legislative briefing on issues of importance to attorneys representing Colorado automobile dealers
Wednesday, May 23, 2012
11:30am-1:30pm
William D. Barrow Building, CADA Headquarters
290 East Speer Blvd
Denver, Colorado 80203
Topics to be covered:
- 2012 legislative session wrap up
- Federal legislative/regulatory issues
- State regulatory and compliance updates
- UCCC compliance audits
- Legal hotline for dealers
- Retail Installment Sales Contract
- Internet marketing compliance update
- 2013 legislative agenda (ideas/suggestions)
- Open discussion; any areas of concern
REGISTER ONLINE!
* * * * * * * *
KPA WEEKLY WEBINAR:
Covers an Environment & Safety or an HR topic each week
Every Thursday
10:00-11:00am (MST)
CLICK HERE for upcoming topics and to register!
Previously recorded webinars are also available at the above link.
 
* * * * * * * *
| Event Description |
Date/Time |
Location |
Colorado Dealer Counsel - Luncheon & Issues Briefing
|
Wednesday, May 23, 2012
11:30am-1:30pm
|
William D. Barrow Building
CADA Headquarters
290 East Speer Blvd
Denver, Colorado 80203
REGISTER ONLINE! |
Unclaimed Property Workshops
By CO Department of Treasury
|
Various dates and times in June
|
CLICK for listing.
RSVP: Call (303) 866-6039 or email shannon.smith@state.co.us |
KPA Weekly Webinar
Covers an Environment & Safety or an HR topic each week
|
Every Thursday
10:00-11:00am (MST)
|
CLICK HERE for upcoming topics and to register!
Previously recorded webinars are also available at the above link. |
If you have a particular area of interest or would like to suggest a training seminar topic, please contact Lauren Stadler at 303.457.5123 or lauren.stadler@coloradodealers.org

| Event Description |
Date/Time |
Location |
CADA Annual Member Golf Event
|
Monday, September 17, 2012
|
Colorado Golf Club
8000 Preservation Trail
Parker, CO 80134
*More Details Coming Soon* |

LET US KNOW ABOUT YOUR ACCOMPLISHMENTS!
Have you or anyone else at your dealership won an award recently? Have you or your dealership provided any outstanding community service? We want to recognize such accomplishments. Please send us a brief write-up of the award or event along with any other information to milestones@coloradodealers.org. Also include your contact information for further follow-up.
THE AFTERFACT
- Ford plans three-year bond offering two weeks after rating bump
The Detroit News, May 10
Ford Motor Co., the second-biggest U.S. carmaker, plans to issue three-year notes two weeks after Fitch Ratings raised the company's credit ranking to investment grade.
- The trancontinental automobile
Colfax Record, May 10
Since the 1860s, Colfax has been best known for being a key player along the first transcontinental railroad. It also had a brush with being a stop for the first air flight across America when pilot Robert A. Fowler made a stop in Colfax in 1911 (Colfax Record, March 24, 2011).
- GM slips behind Toyota in first quarter sales, Bloomberg reports
Detroit Free Press, May 10
General Motors, which regained the largely symbolic title of world's largest automaker in 2011, slipped back into the second slot for the first quarter of 2012.
- Tesla sedan to hit showrooms in June, earlier than planned
MSNBC, May 9
Tesla Motors (TSLA) will start delivering its Model S sedan to customers next month, slightly earlier than the electric carmaker had previously projected and a sign of progress for Tesla's most crucial launch yet.
- Toyota Is Back, Serving Notice Of Renewed Global Ambitions
Forbes, May 9
Toyota has sent a message to Volkswagen, General Motors, Hyundai and any other company that plans to challenge for the title of “world’s biggest automaker” over the next several years: The sales-volume champion of last decade is back and gunning to regain the crown that it lost to GM last year.
- The cars Americans will not buy
MSNBC, May 9
April car sales data were not a cause for celebration. Though sales were up 2 percent overall from last April, they cooled somewhat since the February and March run.
- Mitt Romney Takes Credit For The Auto Bailout. Say, What?
Forbes, May 8
It’s a common thing for a presidential candidate to pontificate about an issue of the day. It’s quite another for one to take credit for something he had no discernible role in.
- Speed Demon's Car Hoisted Into Tree
AOL Autos, May 10
People in the small village of Lubczyna, Poland did a little bit more than just talk about how annoyed they were with a young man's irresponsible driving habits.
- 2012 Scion iQ: A tiny dose of daring
The Detroit News, May 10
Parallel parking skills are no longer necessary if you drive Toyota's 2012 Scion iQ, a tiny city car that is only about half as long as a standard curbside space.
- Marchionne relishes No. 1 Chrysler minivan ranking
The Detroit News, May 10
Almost 30 years after the minivan was introduced, Chrysler Group LLC remains on top. Now, CEO Sergio Marchionne will have to decide how best to sustain the success.
- Audi On Ice: A Driving Experience [VIDEO]
AOL Autos, May 8
When Audi invited us to an ice driving event in Seefeld, Austria--a small, charming ski town nestled within the Alps--we imagined it would be easy.
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