Boehner joins LaTourette: WH should suspend dealer closures

Monday, October 25, 2010

U.S. Reps. Steven C. LaTourette (R-OH) and John A. Boehner (R-OH), Republican Leader of the U.S. House of Representatives, have called on the Obama Administration to immediately suspend GM closures until a current investigation of dealer terminations is completed.

LaTourette will host a press conference early this afternoon, and will be joined by local auto dealers and dealership advocates, including Alan Spitzer, founder of the Committee to Restore Dealer Rights.  The event will be at 1 p.m. at Sims Chevrolet, 5180 Mayfield Rd., Lyndhurst.

Three Ohio dealers are seeking to vacate their arbitration rulings, and return to arbitration armed with new evidence from a federal SIGTARP report on dealer terminations.  Mark Sims is one of two NE Ohio Chevrolet dealers who could soon be stripped of his dealership, and the other dealer is in Boehner's district. GM, which received nearly $60 billion from taxpayers, opposes the efforts, and has sued Sims and the other Ohio dealers in U.S. Bankruptcy Court in New York.

LaTourette and Boehner on Friday sent letters to President Barack Obama, Treasury Secretary Timothy Geithner and Neil Barofsky, Special Inspector General of the Troubled Asset Relief Program (SIGTARP).  The lawmakers asked that GM dealers slated to close at the end of the month remain open while investigators look at the dealer termination process.

"There is too much at stake to proceed in an atmosphere where dealers were denied so much crucial information in a process rife with secrecy," the lawmakers said. "As the findings of this investigation may shed much needed light on the proceedings affecting hundreds of dealerships nationwide, we believe it is necessary to thoroughly analyze its results before continuing with the closures of hundreds of dealerships, and the potential loss of thousands of jobs."

LaTourette and Boehner are greatly concerned that a SIGTARP report on dealer terminations was released just days after arbitration ended in July, effectively denying dealers of vital information that could have assisted in arbitration cases, or efforts to reach fair and fully informed settlements with automakers.  The law that created an arbitration process, spearheaded by a LaTourette amendment, says dealers "may present any relevant information during the arbitration."

The Ohio lawmakers said the SIGTARP report found that GM didn't document meetings where dealer termination decisions were made, and GM was inconsistent in following its stated criteria for closures.  The head of the Administration's Auto Task Force told SIGTARP officials that dealerships could have been spared from closure, but doing so would have been "inconsistent with the President's mandate for shared sacrifice." One GM official also told SIGTARP officials that the automaker usually wouldn't save "one damn cent" by closing any particular dealer.

At the press conference, LaTourette will provide detailed information from the SIGTARP report and a more recent Congressional Oversight Panel report that found many of TARP's most crucial functions were effectively outsourced to private contractors, whose work is shielded from public view. One consulting group was awarded a $7 million contract to help Treasury come up with a restructuring plan for GM that included more than 1,000 dealer closings. The contract was for six months, but Treasury wanted the work done in three months.

Dealers in attendance, including Mark Sims, will share personal stories about their struggle to save their family businesses and keep their workforces intact.  For example, one NE Ohio Chevrolet dealer was terminated by GM just shy of its 100th year in business, and is believed to have been the longest continually running Chevy dealer in GM history.  LaTourette will also discuss documents from SIGTARP obtained through a Freedom of Information Act (FOIA) request.  The documents, among other things, disclose "an open investigation for law enforcement purposes" and reveal that the head of the Auto Task Force wanted to shield industry experts and analysts they consulted about dealer terminations, urging the Inspector General to have off-the-record interviews and not name them in a SIGTARP report.

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