ReMA Electronic Reporting Policy: What does it Really Mean?

It is also the rationale behind the policy on electronic reporting adopted by the ReMA Board of Directors at the July 2015 board meeting. The following is designed to help convey what this policy really means for ReMA members and the Chapters. The full policy is here. 

What is the policy?

In short, the policy says that in the event that law enforcement and/or policymakers are looking at electronic reporting as a solution for metals theft, ReMA will offer support for limited reporting so long as any such requirement adequately addresses the industry’s specific legal concerns outlined in the policy such as protection of proprietary CBI (confidential business information).

Why did ReMA Create a Policy?

Recyclers are increasingly being dismissed or excluded from negotiations on metals theft legislation if electronic reporting is discussed because ReMA members are often viewed as obstructionists. In order to convince law enforcement and other stakeholders that ReMA members are part of the solution and not the problem, we have to be at the negotiation table – or we most definitely are on the menu!

The policy was developed merely as a tool for ReMA members who find themselves facing an insistent law enforcement community that believes electronic reporting is part of the solution. Without an official policy, ReMA members are repeatedly finding themselves under attack by reporting companies making damaging claims that our industry will never be reasonable on the subject and should not be consulted.

Where Does the Policy Apply?

The policy is applicable nationwide unless there is an affirmative vote to “opt out” by the ReMA chapter or state within a chapter.  The “opt out” is a highly irregular and unconventional acknowledgement by the ReMA Board of Directors of the inherently state and local nature of an issue that has national implications.  As such, ReMA members should carefully evaluate the political situation in the Chapter and state before rushing to judgment – even if we personally abhor the idea of reporting. This is precisely why the process to opt out is a bit cumbersome, though completely understandable for ReMA members who do not face the issues and concerns with law enforcement that precipitated a need for the national policy. 

Does this mean ReMA Now Supports Electronic Reporting?

No.  (Some might say Hell No!)  What it does mean is that ReMA is part of the solution and focused on protecting the industry’s CBI and proprietary data in states and localities that law enforcement and policymakers are considering electronic reporting.

The fact of the matter is that ReMA members are finding themselves being pressured more and more by law enforcement and policymakers to electronically report their daily transactions.  While this reporting is not ideal – and some may even say is pointless – law enforcement in a growing number of jurisdictions has deemed electronic reporting to be necessary. In these instances, it is more important for ReMA to insist on strict CBI data protection and ownership requirements to ensure our proprietary data is kept safe and out of commercial hands than for ReMA to continue to fight a battle against reporting that has already been lost.  

We need to stop the electronic reporting advocates that are intentionally mislabeling ReMA members as obstructionists in order to keep us out of policy discussions on metals theft. The ReMA policy allows ReMA members to demonstrate that the industry is serious about being part of the solution and is willing to work with law enforcement so long as our CBI proprietary data is protected.  In states where ReMA members have already established this or face no threat from electronic reporting advocates, the ReMA policy is inapplicable and they can opt out.
 

How does a State “Opt Out”?

Your individual state may still “opt out” as permitted by the ReMA policy even if the Chapter has decided not to, but there is a specific process that must be followed to do so. This is to ensure every ReMA member has an opportunity to vote, not just chapter board members. 

An ReMA member in the state (any member qualifies) must notify the Chapter President, the communication of which will be followed by an official notice to all ReMA members in the state that the question will be brought to a vote. There must be a quorum of ReMA members in the state to hold a vote; that is, at least fifty percent of ReMA members in the state must submit a vote in order for the results to become official.  The majority vote will determine the outcome.

Closing Thoughts

While ReMA recognizes that members are generally not in favor or reporting, a decision to opt out should not be taken lightly.  The question does not involve whether the industry philosophically supports reporting or even thinks it works. The real question and reason behind ISRI’s adoption of this policy is whether we will be viewed as part of the solution and consulted during negotiations to ensure our confidential business information and proprietary data is protected and used only for law enforcement investigations.

The bottom line: if we are not at the table, we are on the menu!

 
If you have any questions, please contact Danielle Waterfield at the ReMA headquarters on either DanielleWaterfield@isri.org or (202) 662-8516.