2011 TADA Chairman's - Media Communication Group

Dealers’ Choice 

SPRING 2011 

Volume 51, Issue 1 

OFFICIAL PUBLICATION OF THE TEXAS AUTOMOBILE 

O 

DEALERS ER 

ASSOCIATION 

2011 

TADA 

Legend 

Ernesto Ancira, Jr.

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Dealers’ Choice 

OFFICIAL PUBLICATION OF THE TEXAS AUTOMOBILE DEALERS ASSOCIATION 

The Dealers’ Choice is a publication of Newsletters 

Ink and is the official publication of Texas 

Automobile Dealers Association. The Dealers’ 

Choice is published 4 times per year by Media 

Communications Group, Inc. The statements and 

opinions expressed herein are those of the individual 

authors and do not necessarily represent the views 

of Dealers’ Choice, or its publisher Media Communications 

Group, Inc. Any legal advice should be 

regarded as general information. It is strongly recommended 

that one contact an attorney for counsel 

regarding specific circumstances. Likewise, the 

appearance of advertisers does not constitute an 

endorsement of the products or services featured 

by Media Communications Group, Inc. 

22 

Donna Norton, Managing Editor 

19 

29 

About the cover: TADA Legend Ernesto 

Ancira. 

7 2011 TADA Leadership 

8 2011 TADA Board of Directors 

11 TADA Regions and Districts 

15 TADA’s Legend — Ernesto Ancira, Jr. 

19 By The Numbers: Tax Win for Dealers: IRS’s Position on UNICAP Doesn’t Stick 

22 Counselor’s Corner: Avoiding Common Employee Handbook Mistakes 

25 Advertising Opportunity 

26 Texas Celebration — 2011 NADA Convention 

29 Avoiding Unlawful Employment Practices in Your Dealership 

33 TIME and Goodyear Honor Grapevine Dealer 

35 2011 TADA Chairman’s Workshops 

36 “Bedrock” of McKinney 

37 Brandon Tomes “Goes Over the Edge” to Raise Money for Special Olympics of Texas! 

26 

4

2011 TADA LEADERSHIP 

Stacey Gillman Wimbish 

Chairman-Elect 

Stephen Cavender 

Chairman 

2011 TADA EXECUTIVE COMMITTEE 

David Alderson 

Immediate Past Chairman 

Rick Cavender 

Southwest 

Mark Daniels 

Northeast 

Milton S. Greeson, Jr. 

South 

Larry Hall 

West 

Bryan Hardeman 

Central 

David S. Houston 

East 

Steve Prather 

Southeast 

David Schoemaker 

North 

John Zwiacher 

Northwest 

Brian Bruckner 

Texas Truck Dealers Chairman 

Bill Wolters 

President 

Karen Phillips 

Executive Vice President 

General Counsel 

2011 SPRING 7

2011 TADA BOARD OF DIRECTORS 

April Ancira 

Southwest 

District 26 

David L. Brinson 

Central 

District 7 

Brent Brown 

Northwest 

District 28 

Donnie Buckalew 

Southeast 

District 33 

Mike Calvert 

Southeast 

District 6 

Joe Chastang 

At-Large 

Kirk A. Clark 

South 

District 27 

Kim Danley 

East 

District 12 

Mike Dunnahoo 

West 

District 25 

Tom Durant 

At-Large 

Charlie Gilchrist 

North 

District 22 

Sean F. Gunn 

Southwest 

District 24 

Nancy Harper 

Central 

District 14 

Randy Hiley 

North 

District 35 

Jon Hill 

Southwest 

District 19 

Paul S. Kane 

Southwest 

District 21 

Craig W. Kinsel 

East 

District 4 

Bill Kliewer 

Central 

District 13 

Tim Light 

Central 

District 11 

Marvin Marcell 

Southeast 

District 15 

Charles Martin 

Northeast 

District 8 

Erik Maund 

At-Large 

Robin T. Mercer 

East 

District 3 

Dennis R. Neessen 

West 

District 32 

Phillip Neessen 

South 

District 20 

Tony Pack 

North 

District 10 

Harry Patterson 

North 

District 23 

Doss Rogers 

West 

District 29 

John S. Roley 

Northwest 

District 30 

Joe W. Sandlin Jr. 

Northeast 

District 1 

Craig Sisk 

East 

District 2 

Mike Smith 

Southeast 

District 5 

Jim Snell 

Northeast 

District 34 

Joe Street 

Northwest 

District 31 

Bob Tomes 

Northeast 

District 9 

Cliff Weber 

South 

District 18 

Cary T. Wilson 

South 

District 17 

Scott Wilson 

West 

District 16 

8

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2011 TADA LEADERSHIP 

TADA REGIONS AND DISTRICTS 

Chairman, David Alderson 

Chairman Elect, Stephen Cavender 

Immediate Past Chairman, Jim Janke 

Texas Truck Dealers Chairman, Duane Kyrish 

SOUTHWEST 

Vice Chairman, Rick Cavender 

District Directors 

19 Jon Hill 21 Paul S. Kane 

24 Sean F. Gunn 26 April Ancira 

NORTHWEST 

Vice Chairman, John Zwiacher 


28 Brent Brown 30 John S. Roley 

31 Joe Street 

EAST 

Vice Chairman, David S. Houston 


2 Craig Sisk 3 Robin T. Mercer 

4 Craig W. Kinsel 7 David L. Brinson 

NORTH 

Vice Chairman, David Schoemaker 


10 Tony Pack 22 Charlie Gilchrist 

23 Harry Patterson 34 Jim Snell 

SOUTH 

Vice Chairman, Milton S. Greeson, Jr. 


17 Cary T. Wilson 18 Cliff Weber III 

20 Phillip Neessen 27 Kirk A. Clark 

CENTRAL 

Vice Chairman, Bryan Hardeman 


11 Tim Light 12 Kimberly Danley 

13 Bill Kliewer 14 Nancy Harper 

Directors At-Large 

Joe Chastang 

Tom Durant 

Erik Maund 

Rusty Rush 

WEST 

Vice Chairman, Larry Hau 


16 Scott T. Wilson 25 Mike Dunnahoo 

29 Doss Rogers 32 Dennis R. Neessen 

NORTHEAST 

Vice Chairman, Mark Daniels 


1 Joe W. Sandlin, Jr. 8 Charles Martin 

9 Bob Tomes 35 Randy Hiley 

SOUTHEAST 

Vice Chairman, Steve Prather 


5 Mike Smith 6 Mike Calvert 

15 Marvin Marcell 33 Donnie Buckalew 

10

TADA Regions and Districts 

CENTRAL REGION • Vice Chairman Bryan Hardeman, Austin 

Director, District #11 

Tim Light, Bryan 1-01-09 12-31-11 

Area Directors 

John Allen, College Station 

Don Hewlett, Georgetown 

Don Ross Hewlett, Georgetown 

Allan G. Miller, Rockdale 


Kimberly Danley, Cleburne 1-01-11 12-31-13 


Darrel Danley, Cleburne 

Wayne Gloff, Clifton 

Van Griffith, Granbury 

Ken Nichols, Cleburne 


Bill Kliewer, Killeen 1-01-11 12-31-13 


Harry Adams, Temple 

Jerry E. Miller, Temple 


Nancy Harper, Austin 1-01-11 12-31-13 


James Bagan, Austin 

Bill Henline, Austin 

Brad Elliott, Austin 

Director At-Large 

Erik Maund, Austin 1-01-11 12-31-13 

EAST REGION • Vice Chairman David S. Houston, Longview 


Craig Sisk, Longview 1-01-09 12-31-11 

Area Director 

John W. Cooke, Carthage 


Robin T. Mercer, Lufkin 1-01-10 12-31-12 


Brian Bounds, Livingston 

Roger C. Mercer, Lufkin 

Dan H. Fussell, San Augustine 


Craig W. Kinsel, Beaumont 1-01-11 12-31-13 


Robert E. Allison, Jr., Jasper 

Bill Bracken, Liberty 

J. Drew Donalson, Silsbee 


David L. Brinson, Corsicana 1-01-11 12-31-13 


Wylie Musser, Terrell 

Alex Harrill, Mabank 

NORTH REGION • Vice Chairman David Schoemaker, Irving 


Tony Pack, N. Richland Hills 1-01-09 12-31-11 


Charlie Gilchrist, Weatherford 1-01-09 12-31-11 


Jack L. Powell, Mineral Wells 

Jerry Durant, Weatherford 


Jim Snell, Dallas 1-01-11 12-31-13 


Jerry Griffin, Dallas 

Clark Richardson, Irving 


Tom Durant, Grapevine 1-01-11 12-31-13 


Harry Patterson, Wichita Falls 1-01-10 12-31-12 


Charles D. Brown, Gainesville 

Larry Slack, Bowie 



NORTHEAST REGION • Vice Chairman Mark Daniels, McKinney 


Joe W. Sandlin, Jr., Mt. Pleasant 1-01-10 12-31-12 


Gerald G. Bawcum, Paris 


Charles Martin, Carrollton 1-01-08 12-31-10 


James Wood, Denton 

Charles L. Fairbanks, Jr., DeSoto 


Bob Tomes, McKinney 1-01-10 12-31-12 


Bob Utter, Sherman 

Matt Johnson, Whitesboro 


Randy Hiley, Mesquite 1-01-08 12-31-10 

NORTHWEST REGION • Vice Chairman John Zwiacher, Lubbock 


Brent Brown, Lubbock 1-01-10 12-31-12 


Frank P. Brown, Lubbock 


John S. Roley, Littlefield 1-01-11 12-31-13 


Robert E. Hall, Jayton 


Joe Street, Amarillo 1-01-10 12-31-12 


Daniel Bradley, Amarillo 


Rusty Rush, San Antonio 1-01-09 12-31-11 

SOUTHEAST REGION • Vice Chairman Steve Prather, Houston 


Mike Smith, Houston 1-01-10 12-31-12 


Brian Kelledy, Baytown 

W.C. Smith, III, Pasadena 


Mike Calvert, Houston 1-01-09 12-31-11 


Jack Kendall, Houston 

Arlene G. Catania, Manvel 


Donnie Buckalew, Conroe 1-01-09 12-31-11 


Roger Elswick, Baytown 

George A. DeMontrond, III, Conroe 

James Masten, Houston 


Joe Chastang, Houston 1-01-09 12-31-11 


Marvin Marcell, Houston 1-01-10 12-31-12 


Chris Gillman, Rosenberg 

Jeffrey L. Haas, Houston 

Kevin McGinnis, Houston 

Steven Wolf, Houston 

12


SOUTH REGION • Vice Chairman Milton S. Greeson, Jr., Victoria 


Cary T. Wilson, Alvin 1-01-10 12-31-12 


Mitchell M. Dale, Dickinson 

Rick Davis, El Campo 


Cliff Weber, III, Cuero 1-01-11 12-31-11 


Milton A. Killebrew, Victoria 

Robert C. Von Deran, Jr., El Campo 

Mike Weber, Cuero 


Phillip Neessen, Kingsville 5-01-11 12-31-14 


Bob Crow, Corpus Christi 

Pete Ganis, Alice 

T.H. Gardner, Aransas Port 


Kirk A. Clark, McAllen 1-01-09 12-31-11 


Luke Fruia, Jr., Brownsville 

Roland F. Smith, McAllen 

SOUTHWEST REGION • Vice Chairman Rick Cavender, San Antonio 


Jon Hill, Brenham 1-01-10 12-31-12 


W. P. Clark, Jr., Lockhart 

Jeffry Michelson, Lockhart 


Paul S. Kane, San Antonio 1-01-11 12-31-13 


Dan Ramirez, Rio Grande City 


Sean F. Gunn, San Antonio 1-01-09 12-31-11 


Dwight A. Koepp, LaVernia 

William B. Cavender, Jr., San Antonio 

Hunter Hale, San Antonio 

Rob Sabom, San Antonio 

Gus Henderson, San Antoio 


April Ancira, San Antonio 1-01-10 12-31-12 


Christie L. Kahlig, New Braunfels 

Robert M. Cavender, San Antonio 

David Kemp, Schertz 

WEST REGION • Vice Chairman Larry Hall, Abilene 


Scott T. Wilson, Boerne 1-01-11 12-31-13 


Lee Hoffpauir, Lampasas 

Trey Ratliff, Llano 

Gregory Bruner, Stephenville 


Mike Dunnahoo, Abilene 1-01-11 12-31-13 


Mark Hanner, Baird 

Ray Lubke, Brady 


Doss Rogers, Midland 1-01-09 12-31-11 


Sandra Wheeler Evans, Stanton 

James E. Wheeler, Stanton 


Dennis R. Neessen, El Paso 1-01-11 12-31-13 


Steve Fox, El Paso 

Clay Lowenfield, El Paso 


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5/10 (✔)

Given the opportunity to be a franchised 

dealer at an early age, he learned 

the business from the ground up, depending 

upon mentors in the industry, his own 

hard work, intellect and initiative to create 

one of the most outstanding dealer groups 

in the country. One of the hallmarks of 

the organization is the impressive team 

of dealership operators and key managers 

developed by Ernesto Ancira, Jr. over the 

39 years in which he has owned Texas new 

car dealerships. 

TADA Legend 

Ernesto Ancira, Jr. 

Texas and TADA stand on the shoulders of the men and women whose 

hard work, talent and sacrifice rise above all others in our industry. 

The TADA Legend Award for 2011 goes to one of those individuals. 

The success of Ernesto Ancira, Jr., is 

exceeded only by those to whom he 

has given the opportunity to realize 

their own dreams. 

He never seeks the limelight or acclaim, 

but is there for every worthwhile project 

or cause that requires his influence and 

leadership. He is the person who so many 

look to for advice and counsel, on issues 

as diverse as public service, politics, business, 

civic leadership and philanthropy. 

Few Texans are as accomplished as Ernesto 

Ancira, Jr., but he always deflects 

the credit to someone other than himself. 

Ernesto Ancira, Jr. philosophy regarding 

his employees is best stated by him “I 

have some really great people working 

with me. My most valued business asset is 

the personnel. We feel a strong loyalty to 

each other. We come to work to improve 

the quality of our lives. We work as a family 

and a team. When we discuss goals and 

make plans, that is the vision: to improve 

the quality of life for everyone here. And 

that helps us pass that feeling on to our 

customers.” 

Ernesto Ancira, Jr.’s contribution to 

professional organizations, philanthropic 

causes and community service encompass 

countless hours and diligent effort. He says 

the number is irrelevant to what his involvement 

is all about. “You can let greed 

overcome you, but I have always felt that 

it’s about making everyone’s life better; at 

least, that is what gives me satisfaction” 

says Ancira, Jr. 

Much of Ancira, Jr.’s success is due to 

his personal integrity and trustworthiness. 

Much of it embodied in an experience that 

occurred when he became a dealer in 1972. 

When asked for an example of something 

that inspired him and helped shape his 

life, Ernesto responded, “The thing that 

has had the biggest impact happened 

after I got that first franchise. The existing 

dealership had opened in 1924 and a 

new location really had to be built. After 

searching, I found the perfect location, but 

the property was much more that I could 

afford at 40 acres. I asked the owner to 

sell me a piece of it. He wanted to keep 

the property intact. I was amazed and, 

at first, unbelieving when the owner told 

me the property was mine and I could pay 

him when I could. He made the deal with 


A humble man who has accomplished so much, yet has 

provided even more for those in his realm, with whom he 

has shared his intellect, his time and his talent. A true TADA 

Legend Ernesto Ancira, Jr 

a handshake. Later, a gentleman came to me offering to buy the 

property. I told him that I didn’t really own it. He told me he had 

gone to the previous owner and offered him $800,000 more than 

the original asking price and was told that the property belonged 

to me and I was the man to see. Again, I was amazed. He had 

shaken my hand and it was a deal. There were really people like 

this, who stay to their word and were willing to help people out. 

He will always be one of my heroes. I wouldn’t be here today if 

it hadn’t been for his help. The experience changed me. I wanted 

and still want, to be like that guy.” 

An Olympian, having competed for Mexico in the half mile 

in the 1968 Olympics in Mexico City, a jet pilot who trains as 

intently as any commercial pilot, one of the leading automobile 

dealers in America and the consummate community servant, 

Ernesto Ancira, Jr. is more proud of his family than any of his 

other extraordinary accomplishments. He and his wife Robin 

have two talented daughters, Ashley and April. Ernesto beams 

proudly when discussing his family. A true industry leader, Ernesto 

Ancira, Jr. is a Past Chairman of the Board of TADA and 

daughter April has followed him on the TADA Board of Directors 

and is already a leader in San Antonio community service and 

charitable organizations. 

A humble man who has accomplished so much, yet has 

provided even more for those in his realm, with whom he has 

shared his intellect, his time and his talent. A true TADA Legend 

Ernesto Ancira, Jr. 

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SB-22892-TADA

BY THE NUMBERS 

Tax Win for 

Dealers: 

IRS’s Position on UNICAP Doesn’t Stick 

BY TONY SISCO, CPA 

This article is the opinion of the author and is not endorsed by TADA. 

A dealer may wish to seek their own accounting company. 

common expenses and add them to inventory 

at year-end, and that would have 

significantly increased taxable income 

for every dealership in the United States. 

Many taxpayers never followed the 

proposed methodology in computing 

UNICAP because it was complex and they 

strongly disagreed with the IRS, according 

to Wiggins. 

Background on UNICAP 

Over the course of many years, the IRS 

has been investigating the various issues 

surrounding auto dealer UNICAP, which 

it believed represented the highest noncompliance 

risk in the industry. 

During a 2006 dealership audit by the 

IRS, an auditor determined that the method 

used to calculate capitalized costs was 

invalid. The auditor requested national 

IRS involvement and subsequently issued 

a TAM (Technical Advice Memorandum) 

to the taxpayer summarizing the position 

the service would take on the audit. The 

TAM effectively agreed with the auditor. 

The position taken by the TAM invalidated 

use of the simplified retail method 

for the dealership. It also required a 

substantially higher capitalization of expenses 

for the dealership. 

After a number of delays, the IRS made a favorable decision on 

how the uniform capitalization rules under IRC Section 263A 

(UNICAP) should be applied to auto dealers. 

On November 9, 2010, the agency 

issued two safe harbor accounting 

elections dealers can use so they don’t 

have to capitalize certain costs related to 

carrying and storing inventory. 

“This new revenue procedure is a huge 

relief because it significantly limits the 

application of earlier guidance from the 

IRS, which could have cost car dealers 

thousands of dollars in additional taxes,” 

says Dave Wiggins, a dealership principal 

with LarsonAllen. 

“This is an excellent first step towards 

bringing logic back to the taxation of 

dealerships. The UNICAP position the 

IRS was asserting just didn’t make sense,” 

he says. 

The IRS’s former position would have 

required dealers to take large amounts of 

UNICAP is the term that was generally 

adopted within the industry to describe 

inventory costs required to be capitalized 

by IRC Sec. 263A. This section generally 

requires taxpayers, including automobile 

dealerships, to add certain costs to inventory. 

These costs are not the normal costs 

that you would think of for inventory, as 

determined for GAAP purposes, or as 

generally were defined as IRC Section 471 

costs. The 2007 TAM issued by the IRS 

was an unexpected position that threatened 

to add thousands or even hundreds of 

thousands of costs to inventory; effectively 

resulting in significantly higher taxable 

income for most dealerships. 

How the safe harbor 

elections work 

Revenue Procedure 2010-44 makes 

two safe harbor elections available. The 

first option allows a dealership to treat 

its entire sales facility as a “retail sales 


The two new safe harbors will not end uniform capitalization, but 

they should reduce the risk of major audit adjustments resulting 

from differences between dealer and IRS calculations. 

facility.” The 2007 TAM guidance required many dealerships 

to be treated as dual-function facilities and required a portion of 

the operating costs of the facility to be added to inventory, which 

delayed deductions and increased taxes. As a qualifying retail 

sales facility, these costs are fully deductible. Storage facilities 

that are separate from the main dealership do not qualify for this 

safe harbor, and operating costs related to those facilities must 

still be capitalized. 

The second safe harbor allows a dealership to be treated as 

a reseller without production activities. The TAM guidance 

forced dealers to treat many inventory reconditioning activities 

as production activities, which not only required more direct 

cost capitalization but also limited the availability of simplified 

calculation methods. 

These UNICAP rulings will apply to the following types of 

retail dealerships: new and used automobile, light, medium, and 

heavy duty truck, boat, RV, motorcycle, farm implement, and 

construction equipment dealers. 

Next steps 

In order to adopt the safe harbors all dealership taxpayers with 

average sales exceeding $10 million for the past three years will 

need to file a form 3115 – Change in Accounting Method. This 

is an automatic change in accounting method, therefore there is 

no cost for filing, and it can be included with the taxpayer’s tax 

return. It is our recommendation that all dealerships meeting 

the above sales threshold, that are subject to UNICAP, file this 

change in accounting method for calendar year 2010 tax returns. 

If any 2010 returns fail to include this filing, it can still be included 

on an “automatic basis” for 2011 

The two new safe harbors will not end uniform capitalization, 

but they should reduce the risk of major audit adjustments resulting 

from differences between dealer and IRS calculations. 

Tony Sisco is a manager of Accounting and Tax Services with LarsonAllen 

CPA’s, Consultants, and Advisors in Dallas. For help tailoring a plan that 

results in tax advantages for you, your family, or business, please contact 

Tony at 972-644-3167 or asisco@larsonallen.com. 

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20

COUNSELOR’S CORNER 

Avoiding Common 

Employee Handbook 

Mistakes 

BY STEPHEN J. ROPPOLO AND JOSEPH W. GAGNON, FISHER & PHILLIPS LLP, HOUSTON, TX 

This article is the opinion of the author and is not endorsed by TADA. 

A dealer may wish to seek their own legal counsel. 

Many retail automobile dealers have resisted employee 

handbooks over the years. Usually the resistance is based in a 

misguided perception that the handbook will be viewed by a court 

to be an “employment contract.” 

Some dealers want to maintain as 

much flexibility as possible in their 

dealings with their employees, and 

they feel that handbooks might “lock them 

in” to a set of procedures that they can 

never change. 

These fears are generally unfounded, 

and they certainly do not outweigh the 

significant advantages of a well-tailored 

employee handbook. A handbook can be 

a good employee relations tool and communications 

piece, allowing the dealer 

to acquaint new employees with the 

dealership and the benefits it provides. 

In addition, it is an excellent way to alert 

employees to what the dealer expects of 

them in terms of conduct and job performance. 

This makes it much easier to 

prevail at an unemployment compensation 

hearing or legal proceeding where 

the employee claims he was not aware 

of the rule he violated. And a properly 

drafted handbook helps employers to 

avoid discrimination claims by ensuring 

that managers will be enforcing work 

policies in a consistent manner in all of 

the dealership’s departments. 

While it is true that under certain 

circumstances a handbook could be held 

to be a binding “contract” between the 

employer and the employee, in Texas it 

is a rather simple matter to draft a handbook 

to avoid that result. Disclaimers 

in the document reminding employees 

that they remain “at-will” employees and 

that the handbook does not constitute a 

contract of employment can eliminate 

this concern. 

There are a number of ways to go 

about adopting a handbook. Some software 

companies market handbook “kits” 

which allow a dealer to put together a 

handbook policy by policy. Unfortunately, 

the policies in some of these kits tend 

to read like a union contract and focus 

on explaining the employees’ “rights” 

rather than on protecting the dealer from 

employee claims and lawsuits. Some kits 

leave out critical policies such as drug and 

alcohol, arbitration, conflict of interest, 

internet use and social networking policies. 

Because of this, a dealer is well-advised 

to have an experienced employment 

law attorney – knowledgeable about the 

problems in the retail automotive business 

– review any employee handbook 

before it is implemented to ensure that the 

policies are properly drafted to comply 

with state and federal law, that they give 

the dealer as much flexibility as possible 

in carrying out their business, and that 

they provide the maximum protection 

from employment contract and discrimination 

claims. 

“PITFALLS” TO AVOID IN 

DRAFTING AN EMPLOYEE 

HANDBOOK 

A properly drafted employee handbook 

can protect a dealer from many employment 

problems. However, if the handbook 

is not properly drafted or does not reflect 

the dealership’s current practices, the 

handbook can do more harm than good. 

22

Among the problems dealers can run into when preparing 

a handbook: 

• Making the handbook too comprehensive in an effort to cover 

every possible situation and operational problem. Generally, 

a handbook should cover only employment benefits and employment 

policies. 

• Blurring the line between a handbook for employees and a 

policy manual for managers. A policy manual should not 

simply reiterate what is already in the handbook. Rather, it 

should only contain specific instructions to managers for 

handling matters such as interviewing, reference checks, drug 

testing, investigating harassment complaints, conducting 

evaluations and counseling, etc. Unlike the handbook, which 

is distributed to everyone, a policy manual should be treated 

as a confidential document and not made available to anyone 

other than managers. 

• Overusing “employment at will” language. Some dealers 

erroneously believe that the more times and ways they state 

that employees can be fired for no reason at all, the stronger 

their “at will” status will be. One clear statement is enough. 

A repeated reference to an employer’s right to terminate “anyone 

for any reason” simply makes employees nervous and can 

encourage mistrust. 

• Trying to be too good to employees. While a dealer may want 

to provide bereavement pay for a long-term employee who has 

been loyal to the company over the years, including this benefit 

in the handbook can force the dealer to provide it to a brandnew 

employee who claims to have lost a family member. A 

dealer is well advised to include only those benefits that it is 

willing to give to its worst employee. 

• Spelling out specific procedures for handling discipline or discharges. 

This leaves the dealer open to lawsuits if a manager 

fails to follow the procedure in every case. While dealers may 

want managers to follow a specific procedure in disciplinary 

cases, it need not be spelled out in the handbook. These kinds 

of provisions should be contained in the supervisor’s manual, 

and they should make clear that deviations from the policy 

may be warranted depending upon the circumstances. 

• Adopting another dealer’s handbook. Over the last several 

years, a number of states have passed laws designed to protect 

employees’ rights. Using a handbook from another state can 

cause you to promise to do things you do not need to do under 

Texas law. For example, many states require that employers 

pay unused vacation pay upon termination. In Texas, the 

employer’s policy rules, meaning a dealer is only obligated to 

follow its own rules about the payment of vacation pay upon 

termination. If a Texas dealer were to blindly use a handbook 

from another state where paying vacation pay at termination 

is mandatory, the dealer would be locking itself in to more 

than the law requires. 

• Going into too much detail concerning offenses for which an 

employee may be disciplined. Some dealers go out of their way 

to show they are fair by listing all of the offenses for which 

they will discipline an employee and the exact level of disci- 

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pline that will be imposed. However, experience shows that 

employees are innovative and often do things that the dealer 

had not even thought about. The better practice is to make it 

clear that any list of violations is illustrative, not all-inclusive. 

Also, it is a good idea to explain that a violation of any of the 

rules can subject the employee to discipline up to and including 

termination. 

Failing to keep the handbook current. Many handbooks go 

to great lengths to prohibit “gambling” in the workplace, even 

though football and basketball pools might be commonplace at 

the dealership. Yet they make no reference at all to more current 

issues such as “blogging,” social networking, the use of personal 

cell phones and the internet at work and whether tattoos or piercings 

are permitted. A handbook that does not accurately reflect 

a dealer’s current policies and practices or fails to address the 

issues a manager is likely to face is confusing for employees and 

managers alike. 

Stating or implying that the dealer will only discipline or discharge 

for “cause” or “just cause” or “misconduct.” While most 

conscientious employers do not discipline or discharge except 

when they have a good business reason to do so, making such a 

statement in a handbook places the legal burden on the employer 

to prove that its actions were proper and fair, rather than leaving 

the burden on the employee to prove that the dealer’s actions were 

illegal or discriminatory. 

Failing to get a signed receipt from the employee as evidence 

that the employee received a copy of the handbook. Without a 

signed receipt in the file, the employee can easily claim that he 

never received the handbook and was not even aware of the rule 

he violated. 

Expecting the employee handbook will solve all of a dealer’s 

employee problems. While a handbook is a great first step, it is 

only the first step in an effective employee relations program. The 

dealer must still ensure that his or her managers are familiar with 

the handbook and any other dealership policies, that they apply 

the policies in a consistent manner and treat employees fairly. 

An employee handbook is an important legal document that 

– if drafted properly – can protect a dealer from a number of employee 

problems. However, a poorly drafted handbook can wind 

up creating more problems than it solves. Adopting a handbook 

while avoiding the “pitfalls” outlined above will help Texas dealers 

keep employees happy and lawsuits to a minimum. 

For more information please contact Steve Roppolo (sroppolo@laborlawyers. 

com) or Joe Gagnon (jgagnon@laborlawyers.com) of the Houston office of 

Fisher & Phillips LLP, a national labor and employment law firm with offices 

in 24 cities across the U.S. Fisher & Phillips lawyers have advised automobile 

dealers on labor and employment law issues for decades, providing sound legal 

advice based on a thorough understanding of the unique issues facing retail 

automotive dealerships. Steve and Joe are members of the firm’s Dealership 

Practice Group and can be reached at 713-292-0150. 

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AutoTrader.com bid. We also get lots of exclusive bids through the link on our own website.” 

Jeff Horn, General Manager-James Wood Motors, Decatur, TX 

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24

Advertising Opportunity 

TADA Annual 

2011-2012 Membership Directory 

“The TADA Membership Directory is a resource I personally 

use regularly to get contact information on fellow Texas dealers, 

as well as, TADA staff. The Directory is a valuable resource to 

keep in your desk for when you need to locate or contact someone 

about an issue or just ask a question. Without the companies that 

advertise in the Directory, we would not have access to such a 

helpful resource.” 

— Craig W. Kinsel, Kinsel Motors, Inc., Beaumont, TX 

TADA DIRECTORY association at the same time.” AD 

“I think it is nice to have the directory in your desk and be able 

to call any dealer in the state, also a good way to support you 

— David Alderson, Alderson Enterprises, LP, Lubbock, TX 

“As the owner of a Texas dealer group, we always prefer to do 

business with companies that support the Texas Automobile 

Dealers Association. By advertising in their annual directory, 

it gives our managers a quick reference as to which companies 

support our organization. We currently do business with 15 

companies that advertised in the 2010 directory and look forward 

to increasing that number this year.” 

— Mark Daniels, Four Wheels Autogroup, McKinney, TX 

Be a part of TADA’s Annual Membership 

Directory. Have your own full-page, halfpage, 

quarter-page, business card listing, 

section divider page or even the inside or 

outside cover in this publication. 

The directory will be a full color book 

(8 1/2” x 11”) distributed to every TADA 

member new car and truck dealer across 

Texas to be used as a handy reference 

guide for at least one full year. 

Ads must be received no later than April 15, 2011 

Contact the TADA office at 

communications@tada.org for details. 


Texas Celebration 

2011 NADA Convention 

San Francisco, California 

26

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Avoiding Unlawful 

Employment Practices 

in Your Dealership 

Recommendations 

• Develop an employee handbook and 

distribute it to all new and existing employees. 

Obtain employees’ sign-off on 

having received, read and understood 

the handbook. 

• Provide an anti-harassment policy 

statement and procedures and obtain an 

employee acknowledgement that they 

have received, read and understood the 

statement and procedures. 

Employee lawsuits for unlawful employment 

practices such as sexual 

harassment, racial and other forms 

of discrimination increasingly threaten 

the financial stability of dealerships large 

and small. Today, a significant liability 

issue for many dealers is employment 

practices liability. This is due to recordhigh 

settlement costs and intense media 

coverage of monumental lawsuits against 

big-name corporations. 

Employer discrimination in employment 

practices based on race, national 

origin, age, disability, religion or gender is 

unlawful. Discrimination can occur in the 

form of different treatment, harassment 

or retaliation. 

Harassment can occur in the form of 

touching or violating space, lewd or offcolor 

jokes and even foul language. It is the 

responsibility of the employer to provide 

a nondiscriminatory and harassment free 

work environment. 

Employment Harassment 

Issues 

Risks 

Deficiencies in anti-harassment programs 

(or failure to have such programs) 

increase your exposure to employment 

practices lawsuits and/or your ability to 

defend these claims should they occur. Examples 

of deficiencies in anti-harassment 

programs include: 

• Failure to have a formal, written antiharassment 

program 

• Ignoring or not taking harassment 

complaints seriously, or threatening or 

terminating complaintants 

• Harassment policies with unclear or 

insufficient investigation procedures, 

or policies that fail to designate anyone 

as responsible for accepting claims of 

harassment 

• Anti-harassment polices and programs that 

do not address harassment based on race, 

color, religion, national origin, age, disability 

and reprisal (harassment may occur on 

any basis covered by EEOC statues) 

Make sure your harassment program 

and procedures include: 

• A written complaint procedure with 

two or more reporting channels 

• Reporting and investigation procedures 

• Disciplinary procedures emphasizing 

your dealership’s zero-tolerance policy 

• Training on dealership policy and 

procedures upon hire and periodically 

thereafter 

Termination Procedures 

Many people are employed “at will,” 

meaning that state law permits their 

employment to be ended at any time. 

However, even “at will” employees 

are entitled to certain legal protections 

against wrongful termination and cannot 

be fired for reasons that violate the law 

or public policy. 

Risks 

Wrongful termination involves discharging 

an employee in violation of 

public policy and can often accompany 

any type of alleged harassment or discrimination. 

If you don’t follow your 

written termination policies or prepare 

the appropriate documentation, you could 

leave your dealership open to an employment 

suit. 

Recommendations 

• Establish written employment rules 

and termination policies. Get an attorney 

that specializes in employment 

practices to advise you. 

• Establish written employee counseling 

procedures which alert employees of 

performance problems early on and 

give them an opportunity to improve. 

Train all supervisors on documenting 

counseling action. 

• Make sure managers who handle 

terminations work with your human 


esources area and are properly trained on how to apply company 

termination policies. Explain policies to every employee 

and make sure each employee acknowledges receipt of them. 

• Investigate each case thoroughly before considering termination. 

If the employee has violated a rule, policy or procedure, be 

sure to investigate. Termination is not always the appropriate 

disciplinary action. Make sure you are consistent in your disciplinary 

actions with other employees for the same offenses. 

• Document the reasons for termination. Before terminating an 

employee, be sure you have a fully documented personnel file 

supporting the discharge. Documentation may include poor 

performance reviews, disciplinary notices, incident reports, 

records of investigations and similar types of documents. 

Terminating an employee for poor performance after his or 

her most recent performance review indicated the employee 

was doing a “great job” can make defending a legal claim 

very difficult. 

• As noted above, employees are entitled to certain legal protections 

against wrongful termination and cannot be fired for 

reasons that violate the law or public policy. Allegations of 

wrongful discharge are frequently accompanied by alleged 

harassment or discrimination. 

• Most termination actions are the result of poor performance 

and/or violation of established company rules. When evaluating 

such cases, consider the following factors before taking 

termination action: 

Your Plan to Gift 

or Sell Requires 

Knowledge of Your 

Dealership’s 

Value. 

contact 

RICHARD W. NOKES, P.C., CPA 

DICK NOKES CONSULTING, LLC 

901.767.8584 

rwnokes@comcast.net 

Checklist for Handling Poor Performance 

• Has the employee been told of deficiencies or problem performance 

• Have the deficiencies or problems been documented 

• Has the employee received necessary training and assistance 

• Has the employee been given time and an opportunity to 

improve 

• Does the employee really know that their continued employment 

is at risk 

• Have extenuating factors been identified that could explain 

poor performance 

• Is the employment action contemplated consistent with company 

policies and being implemented consistent with similar 

occurrences within your dealership 

• Is the reason for discharge supported by a fully documented 

personnel file Such documentation may include poor performance 

reviews, disciplinary notices, incident reports and 

records of investigation. 

• Consult with legal counsel or your human resources specialist 

before taking action to terminate. 

Checklist to Address Violation of Work Rules 

• Has the alleged violation been fully investigated including 

interviewing the affected employee and witnesses If not, 

consider suspending the employee until the incident can be 

reviewed. 

• Have written statements from the employee and witnesses 

been taken 

• Was the employee aware of the rule that was violated 

• Have extenuating factors been identified 

• Is contemplated action consistent with handling of similar 

occurrences within your dealership 

• Is termination the appropriate disciplinary action 

• Consult with legal counsel or your human resources specialist 

before taking action to terminate. 

Handling a Termination 

• Complete a review of the employee file and related documentation 

before meeting with the employee 

• Be calm and professional when meeting with the employee. 

Avoid displays of anger or comments that could be construed 

as demeaning or disrespectful. 

• The meeting with the employee should be brief. Explain 

reasons for the termination but avoid a debate of previously 

discussed facts. Make it clear the decision is final. 

• Consider giving the employee an opportunity to resign. 

• Be sure to address the return of equipment or ID cards and 

neutralize all systems access. 

• Create a written summary of the termination, including factors 

leading to termination, management action taken and 

any admissions made by the employee during the termination 

meeting. 

• Contact legal counsel if it appears that a claim of discrimination, 

harassment or wrongful discharge may be made. 

Randy Dombrowski is an Account Executive for Sentry Insurance – a provider 

of property and casualty coverages for the dealership industry. You can reach 

Randy at randy.dombrowski@sentry.com with any questions. 

30

©2011 Texas Mutual Insurance Company 

BRAD WICKER 

Program Administrator 

Lone Star Auto Dealers 

Purchasing Group 

Ask your agent about the Lone Star Auto Dealers purchasing group, or contact Brad Wicker at (877) 694-2537 or bwicker@nts-online.net. 

Dividends are based on performance, and are not guaranteed.

TIME and Goodyear Honor Grapevine Dealer 

Tom Durant Wins National Recognition for Community Service and Industry Accomplishments at NADA Convention 

Tom Durant, Dealer at 

Classic Chevrolet, Ltd., 

a Chevrolet and Hummer 

dealership in Grapevine, 

Texas, was honored 

today for his nomination 

for the 2011 TIME Dealer 

of the Year award. 

Durant was one of a select 

group of dealers from 

across the country honored 

at the 94th annual National 

Automobile Dealers Association 

(NADA) Convention & 

Exposition in San Francisco 

today. The announcement of 

this year’s Dealer of the Year 

and finalists was made by Kim 

Kelleher, Publisher of TIME, 

and Johann Finkelmeier, Vice 

President & General Manager - 

Original Equipment N.A. Consumer 

Tire, The Goodyear Tire 

& Rubber Company, at the formal opening of the convention, 

which is attended by more than 15,000 individuals involved in 

the automobile industry. 

The TIME Dealer of the Year award is one of the automobile 

industry’s most prestigious and highly coveted awards for newcar 

dealers. Recipients are among the nation’s most successful 

auto dealers, but they must also demonstrate a long-standing 

commitment to effective community service. 

Durant, 61, was chosen to represent the Texas Automobile 

Dealers Association in the national competition—one of only 

52 automobile dealers, from 17,000 nationwide, nominated for 

the 42nd annual award. The award is sponsored by TIME in 

association with Goodyear, and in cooperation with NADA. A 

panel of faculty members from the Ross School of Business at the 

University of Michigan selects one finalist from each of the four 

NADA regions and one national Dealer of the Year. 

“I brought the small-town way of doing business in the auto 

industry to the city,” says Durant, “and I proved that it was 

Tom Durant 

2011 

TADA Winner 

TIME MAGAZINE 

QUALITY DEALER AWARD 

a viable business model in a 

large suburban dealership. That 

business model identified that a 

customer was more than a onetime 

profit opportunity, and my 

legacy will be that if you treat 

people well, and give them a fair 

deal, they will come back, and 

your store will succeed.” 

Durant graduated from 

Granbury (TX) High School 

in 1968, and from Texas Tech 

University, in Lubbock, four 

years later. “I started in the 

family business during college 

when I went to work with my 

brother at his Chevy dealership 

in Weatherford,” says Durant. 

His brother, Jerry, put Durant to 

work managing the service side 

of the store, but one weekend, 

Jerry had to leave town, and, 

Durant says, “He asked me to 

oversee sales while he was gone. 

It was a slow weekend but I 

gained my brother’s confidence, 

and the next time he needed to 

leave town for the weekend I sold 14 cars.” “After that,” says 

Durant, “I talked to my dad who was operating the Chevy dealership 

in Granbury, Texas, and told him that I wanted to be a 

car dealer and didn’t want to work for my brother.” After three 

months working for his dad, Durant’s father told him, “It looks 

like you can handle it,” and he sold his son the Chevy store. “I 

purchased a downtown Fort Worth store in October 1998,” explains 

Durant. “I wanted to succeed on my own. That store had 

never made a profit, and I rebuilt it to make it profitable. In early 

1992, I moved that store to Grapevine, an expanding suburb of 

Fort Worth that was still largely undeveloped. I built there the 

core of the dealership that I operate today.” 

In the area of community service, Durant has a distinguished 

record. In 1994-95, the Grapevine Chamber of Commerce named 

Durant’s dealership Business of the Year and inducted him into 

the Business Hall of Fame in 2002. Durant and his wife, Susan, 

the Classic Chevrolet dealership and its employees have long 

supported dozens of worthy organizations, including the Police 

& Fire Department Association, Diabetes Foundation, Nosh 

Farm Project in Grapevine, Make A Wish Foundation, MDA, 


The Boys Club, Ninos de Mexico, North Texas SNAP (Special 

Needs Assistance Partners). In addition to sponsoring local 

events such as Grapefest, The Livestock Show, and Main Street 

Days in Grapevine, they have also made numerous noteworthy 

donations every year since 2005, including $10,000 per year to 

the Carroll Education Foundation, $20,000 annually to the Colleyville 

Education Foundation, $20,000 per year to Big Brothers, 

Big Sisters, and $20,000 per year to GRACE (Grapevine Relief 

and Community Exchange). In 2010, Durant challenged his employees 

to raise money for Christ’s Haven for Children, pledging 

to match whatever they raised. In a few weeks, his employees 

raised $90,050, which Durant and his wife matched. That same 

year, Classic Chevrolet donated a preowned van worth approximately 

$12,000 to the Dallas Fort Worth Humane Society and 

$5,000 to the Northwest Metroport Chamber’s needy children’s 

fun. In the aftermath of Hurricane Katrina, Classic employees 

raised $42,000 in 36 hours, which the Durants matched for a total 

gift of $85,300 to The Salvation Army. Says Durant, “Growing 

up in a small town teaches you that community is what makes 

you successful.” 

Nominated for the TIME Dealer of the Year award by Bill 

Wolters, President of the Texas Automobile Dealers Association, 

Tom Durant and his wife Susan have four children, Hagen, 

Bently, Garner and Stormy, and six grandchildren. Durant also 

represents Buick, Chrysler, Dodge, Ford, GMC, Jeep and Mazda 

at his other dealerships. 

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801.746.4003 | don@spectruminkpublishing.com 

TEXAS DEALER ACADEMY 

“Leadership Development for 

Today and Tomorrow” 

TADA is in the process of organizing a training program for 

current and future dealership operators in the state of Texas. 

We are looking for any person(s) in the automobile business 

– ages 20 to 40 – who are interested in furthering their 

education and knowledge of the franchised new car and truck 

business in Texas. 

We will offer the opportunity for young dealer/managers 

to prepare for the future of your business. The Texas Dealer 

Academy will provide individuals a chance to meet with their 

peers and exchange thoughts and ideas while hearing the latest 

information from the professionals – on a local, state-wide 

and national level. 

TDA Steering Committee 

• Tim Crenwelge, Kerrville, TDA Dealer Director 

• T. Harper, Austin, TDA Chairman 

• John Kliewer, Killeen, TDA Vice-Chairman 

• Chris Gillman, Houston 

• Chris Late, Austin 

• Amy Wilson, Boerne 

The first organizational meeting 

will be held in Austin in early June. 

Details will be available soon. 

34

2011 TADA 

Chairman’s Workshops 

TADA Chairman of the Board Stephen Cavender and TADA 

Legislative Chairman John Zwiacher travelled the state in 

February and March to deliver “The State of the Association 

Report” to over 250 Texas dealers. 

Cavender, a third generation San Antonio dealer, outlined 

the resources and commitment required of TADA members to 

maintain a unified voice in Austin and Washington, D.C. He 

discussed dealer’s rights, the importance of strong relations with 

the manufacturers and distributors and the critical role that 

political involvement serves in being a franchised dealer. He 

further discussed the importance of dealers working together in 

their associations and supporting the TADA PAC. Cavender 

re-affirmed that in his term as Chairman, he would ensure that 

TADA continued to support dealers in legislative, legal and 

regulatory affairs. 

Current Legislative Committee leader John Zwiacher outlined 

his plans for the current session of the Texas Legislature and the 

work of his committee. Chairman Zwiacher presented the issues 

being discussed and appealed to dealers to be prepared to work 

with TADA staff as the session progresses. 

TADA staff also participated in the six city tour of the state 

as Executive Vice President and General Counsel Karen Phillips 

discussed current legal and regulatory issues affecting dealers, 

VP/CEO of Legislative Affairs Rob Braziel joined John Zwiacher 

in the legislative and government relations update and President 

Bill Wolters provided an industry overview. 

The overall theme of the discussions centered upon the ability 

of Texas dealers to respond in a positive way to today’s many 

challenges to ensure their success in the coming years. The 

elected leaders of TADA, headed by dealers such as Stephen 

Cavender and John Zwiacher, are already working on behalf of 

1260 dealers statewide to further their interests and protect their 

rights under state law. 

AutoRaptor CRM 

 

 

 


“Bedrock” of McKinney 

Robert B. TomesA recipient of 

the Bronze Star for meritorious 

service in the Vietnam 

War, Bob Tomes is a first generation 

dealer whose success in life 

and business stems in large part 

from his commitment to his community 

and a variety of education 

related causes in North Central 

Texas. Drawing on his Nebraska 

beliefs of hard work, honest dealing 

and family values, Mr. Tomes 

is a “bedrock” of McKinney, 

Texas helping the community 

grow from a sleepy farm town to 

a thriving Dallas suburb. 

Mr. Tomes’s contributions to 

education are many, including: 

The Bob Tomes Ford Lincoln 

Mercury scholarship for graduating 

seniors of employees; the 

Rotary Club’s Academic Excellence 

Program; the Texas Built 

Ford Tough Annual Scholarship 

program for students in Collin 

County, Texas; the Bob Tomes 

Ford Endowment Fund, Education 

Drives the Future Fund 

Drive which supports the McKinney 

Education Foundation; 

and National Future Farmers 

of America (FFA) Scholarships 

awarded at six area high schools. 

Additionally, he is involved with 

the Boy Scouts of America and 

the Heard Wildlife Museum. 

Dedicated to the betterment 

and support of both his industry 

 

 

 

 

and community, Mr. Tomes 

has shared his time, talent and 

treasure with the United Way 

(past Chairman), Volunteers 

McKinney, McKinney Policemen 

and Firemen Support, 

Board of Directors for the 

Ford Dealer’s Advertising 

Fund, McKinney Chamber of 

Commerce (past Chairman of 

the Board), McKinney Rotary 

Club, Paul Harris Society and 

the American Legion (Lifetime 

Member). 

Professionally, Mr. Tomes 

is a member of the National 

Automobile Dealers Association, 

Texas Automobile 

Dealers Association, and 

the Dallas New Car Dealers 

Association. He has been 

recognized by the Ford Motor 

Company as a 2010 Salute to 

Dealers Nominee, 2010 Partner 

in Quality Award, one of 

66 Time Quality Dealer of the 

Year Award Nominees as well 

as other well deserved awards 

and recognition. 

Northwood University is 

proud to present Mr. Bob 

Tomes the Dealer Education 

Award for his ongoing commitment 

to, and support of, higher 

education, his community 

and the automotive marketing 

industry. 

visit us at 

www.tada.org 

36

"TEXAS TRADITIONS" 

TADA Annual Conference 

April 3-4, 2011 

The Hyatt Regency Hill 

County Resort & Spa 

San Antonio, Texas 

Wear your boots and jeans and join your fellow dealers at the 

Chairman’s Dinner on Sunday for a fun filled evening, featuring 

The Rick Cavender Band. 

This is the one opportunity for TADA to bring all of its member 

dealers together for a one day meeting on Monday to share 

vital information and have you at the table directing the 

Association. 

A unified dealer body is critical to the success of TADA and 

you are essential to that success. 

David Hyatt, NADA VP and Chief Public Affairs Officer will 

conduct a Media Training Network Seminar. 

Hear the latest updates from the current Legislative Session. 

Please make your plans to join dealers statewide. 

Brandon Tomes “Goes Over the Edge” to 

Raise Money for Special Olympics of Texas! 

Brandon is the son of Barbara 

and Bob Tomes of McKinney. 

He attended McKinney High School 

and was active in Boy Scouts of 

America and school government, in 

addition to spending his summers working 

various jobs at the family dealership. 

Brandon attended Southern Methodist 

University where he received his BBA in 

Business Management and then attended 

the NADA Dealer Candidate Academy in 

2008-2009. He is now the General Manager 

and namesake for the new Subaru 

operation in McKinney. 

rappelled down the InterContinental Hotel 

in Dallas – 15 stories. The adrenaline 

rush may have been temporary, but the 

positive impact this had on the lives of 

36,000 Special Olympics Texas athletes 

and people with intellectual disabilities 

will last a lifetime! 

For every $50 donation, sponsors 

were entered into a drawing for the 

chance to win a 2011 Subaru Outback. 

In addition, for every test drive completed 

at Brandon Tomes Subaru, Brandon 

donated $25 in that person’s name to this 

great cause. 

Brandon’s goal was to raise a minimum 

of $1000. Once his goal was reached, he 


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Accounting 

Larson Allen, LLP .....................................................................Page 5 

Automobile Training 

First Innovations, Inc. ............................................................Page 21 

Banking/Finance 

Bank of America .......................................................................Page 9 

Construction Management 

The Ratliff Group, LLC .............................................................Page 6 

Customer Relationship Management Software 

AutoRaptor CRM ....................................................................Page 35 

Dealership Buy-Sells 

Dick Nokes Consulting, LLC .................................................Page 30 

Dealership Valuations 

Richard W. Nokes, P.C., CPA, CVA .......................................Page 30 

Finance & Insurance Development 


F&I Training/Products 

American Financial & Automotive 

Services, Inc. ........................................................Page 31 & Page 39 

Foresight Services Group .......................................................Page 3 

Insurance 

American Fidelity Assurance ................................................Page 17 

Austin Consulting Group ......................................................Page 38 

Federated Insurance ..............................................................Page 23 

Sentry Insurance ....................................................................Page 14 

The Midlands Companies .....................................................Page 20 

Texas Mutual Insurance Co. .................................................Page 32 

Texas Auto Dealers Self 

Insurers Group .......................................................................Page 20 

Zurich American Insurance Company .................................Page 28 

Labor/Employment Attorneys 

Fisher & Phillips LLP ............................................................. Page 40 

New/Used Car Advertising 

AutoTrader.com ......................................................................Page 24 

Sales Training 

Foresight Services Group .......................................................Page 3 

Service Contract 


Transportation/Internet 

ShipCarsNow. ........................................................................Page 18 

Uniforms & Facility Services 

UniFirst ....................................................................................Page 27 

Utility Consultant 

APPI ...........................................................................................Page 2 

Warranty Management 

Automotive Warranty Network, Inc. ...................................Page 16 

 

 

38

Your Next Stop - New Profit 

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New Profit CenterIncrease Your CSIMaximize Customer Loyalty 

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Texas Automobile Dealers Association 

1108 Lavaca, Suite #800 

Austin, TX 78701 

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THIS MAGAZINE IS DESIGNED AND PUBLISHED BY MEDIA COMMUNICATIONS GROUP 1.888.745.4003 

Our attorneys can help you steer through the labor laws affecting 

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2011 TADA Chairman's - Media Communication Group

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