Spreading Log

The newsletter of the Professional Nutrient Applicators Association of Wisconsin

July 2006

  • 2006 Manure Expo - Michigan
  • Manure Expo Regional Applicator Get-Together
  • Road Weight Study Update
  • Progress on Ethics & Standards

2006 Manure Expo – Michigan

Enclosed is a flyer on the 2006 manure expo, held in Michigan this year (2007 will be back in Wisconsin). Highlights of the demos and presentations include:

*Low cost GPS tracking of manure applications

*Planting small grains and applying manure in one pass

*Update on keeping manure out of tile lines

* Field Demos of application equipment

For more information, see

Manure Expo Regional Applicator Get-Together

The Applicator meeting will be held on Wednesday, July 26th @ 6:00 p.m. at Guerrazzi’s Restaurant, 15643 S. US Highway 27, Lansing, MI 48906. Phone: (517) 374-6456. Come and enjoy time with applicators from around the upper Midwest

Road Weight Study Update

Three states have committed ~$400,000 to the road weight study, and our industry partners have committed ~ $50,000 of the $475,000 needed to move forward. We hope to hear from the Wisconsin DOT later this month to confirm their participation (Minnesota, Iowa and Illinois are already on board, with PA, MI, OH and SD considering joining in)

Ethics Committee: Liability

At the annual meeting in Wausau earlier this year, the association voted to send several issues back to the committee for discussion. Below are the notes from the June 30 meeting:

Attendance:

Brent Cook, Tim Ransom, Brandon Vogel, Carla Heiman, Jerry Clark, and TedBay. Donny Mengel joined the meeting at the end of the discussion.

Philip Harris, UW-Madison Agriculture Law Professor.

Professor Harris reviewed protection from liability for association members serving on an ethics and standards committee or review board for various organizations.

If association membership or certification is required by state statute then state statutes also protect members serving on the enforcement boards of the respective associations. This protection is not afforded members serving on ethics and standards committees of voluntary certification programs.

However, Professor Harris pointed out that the potential liability for someone serving on an ethics and standards committee for a voluntary association and certification program is also very low. If an association’s certification program is voluntary then there is a much reduced impact on an association member that does not meet a membership or certification requirement. If at some point certification under the Professional Nutrient Applicators Association of Wisconsin becomes mandatory under Wisconsin statute then enforcement procedures become critical to professional practice and thus greater potential liability for members serving on an enforcement committee. If Association certification becomes a

Wisconsin requirement, the Association would need to request statutory immunity for members serving on the Ethics and Standards Committee.

The PNAAW could take two measures to reduce the risk to members serving in an enforcement capacity. One would be to include a statement in the Association membership agreement and/or by-laws that a member will not sue anyone serving on the Board of Directors or the Ethics and Standards Committee for actions taken within the scope of their duties. The second option is to purchase errors and omissions insurance for Board and Committee members. Since the liability risk for voluntary organizations is relatively low, cost for such insurance is also often relatively low.

At this point the PNAAW Code of Ethics and Standards of Conduct can serve to describe and support professional practices with limited potential for liability associated with enforcement procedures.

The Ethics and Standards Committee will investigate implementation of the options to reduce potential liability of Board and Committee members.