4.1e ERMUSR 01-10-2023:Elk River
Municipal Utilities
COMMISSION POLICY
Section:
Governance
Category:
Governance Policies
Policy Reference:
Policy Title:
G.2g4
Dispute Resolution Committee Charter
PURPOSE:
The Dispute Resolution Committee exists to provide customers an alternative dispute resolution
option for circumstances which: require action beyond the authority assigned through the
Delegation to Management Policies; require policy creation, revision, or exception; have
exhausted the established utilities procedures and/or protocol; and involves customer protected
data for which the customer prefers addressing the issue through a meeting closed to the public.
For qualifying customer disputes, the Committee will provide: a formal hearing in a closed
meeting allowing the customers to communicate the concern; recess and reconvene as needed to
conduct appropriate research and/or deliberate; make a determination within parameters
established through the Commission Policies and within the authorities delegated through this
policy; and report and/or make recommendations to the Commission as required.
MEMBERSHIP:
The Committee shall be comprised of five members, four appointed annually and one which
varies for each dispute. The four members appoint annually shall include two Commissioners, an
administrative manager, and a field superintendent. At no time shall there be a quorum of the
Commission on the Committee.
The Commission shall appoint Committee members annually following the Commission election
of officers during the March Regular Commission meeting. The Commission shall also appoint
the Committee Chair at that time. The General Manager may be appointed to fill the
administrative manager Committee member position.
For each dispute, the Committee shall also include a fifth member. This Committee member shall
be the manager/supervisor most directly involved with that dispute. If that manager/supervisor has
already been appointed to serve on the Committee as the administrative manager or the field
superintendent member, the Committee Chair shall choose a different manager/supervisor to fill
the role as the fifth Committee member for that specific dispute.
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ERMU Commission Policy — G.2g4 Dispute Resolution Committee Charter
ROLE OF THE COMMITTEE CHAIR:
The primary role of the Committee Chair is to run the Committee meetings. The Committee will
adhere to the Current edition of Robert's Rules of Order Newly Revised for all situations to
which they are applicable and are not inconsistent with ERMU's bylaws, policies, and any
special rules of order that the Commission may adopt.
AUTHORITY:
Except as established in this Committee Charter, the authority of the Committee is limited to the
purpose of dispute resolution within the authorities delegated to management through the
Commission Policies, research related to customer disputes or complaints, and recommendations to
the Commission. The Committee, at the discretion and through formal action of the Commission,
may be empowered beyond the role as outlined in this policy such that it is consistent with the
Organizational Core Purpose policies and the Commission Committees policy.
SPECIFIC DUTIES:
After a formal request is submitted for a qualifying customer dispute, the
Committee will schedule a hearing, either in person or virtual, within a reasonable
amount of time.
2. Through the hearing, the Committee will allow the customer to communicate
relevant information and request dispute resolution which may require policy
creation, revision, or exemption.
3. The Committee is required to verify all information and data; and the Committee will
review the Customer's account history and other relevant information.
4. And as needed, the Committee shall research industry best practices related to the dispute.
5. The Committee is authorized to engage legal counsel for legal review and
recommendations.
6. The Committee will make a determination whether resolution can be provided within the
authorities assigned through this policy; and if so, the Committee will provide written
summary of the dispute and the authorized resolution for implementation by management.
7. When no action is taken by the Committee toward resolution, the Committee will determine
whether the request warrants further consideration by the Commission, in which case the
Committee will present a summary of the dispute to the Commission and a make
recommendation. In the event that no action is taken by the Committee, and the Committee
has determined that the dispute does not warrant further consideration or advancement to
the Commission, the Committee shall summarize their finding in a report to be provide to
the customer and placed on file.
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ERMU Commission Policy — G.2g4 Dispute Resolution Committee Charter
8. The Committee shall record minutes of all Committee meetings. Committee meeting
minutes shall be subject to applicable data retention law and policies.
SCHEDULE:
The Committee shall meet on an as -needed basis.
TERMINATION:
The Committee shall exist until at such time formal action of the Commission is taken to
dissolve the Committee.
POLICY HISTORY:
Adopted January 12, 2021
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