OFFICE OF CEMETERY OVERSIGHT

ADVISORY COUNCIL ON CEMETERY OPERATIONS

MINUTES

DATE: April 30, 2009

TIME: 10:10 a.m. – 1:10 p.m.

PLACE: Department of Labor, Licensing and Regulation, 500 N. Calvert Street 2nd Floor Conference Room Baltimore, Maryland 21202,

MEMBERS PRESENT:

David Goodman, Chair

Jay Cherry

Richard Cody

Susan Cohen

Erich March

Frank Porter

Sarah Rex

Walter Tegeler

David Zinner

MEMBERS ABSENT:

Harriet Suskin

STAFF PRESENT:

Benjamin Foster, Director

Patricia Tress, Investigator

Leila Whitley, Administrative Aide

Paulette Wirsching, Assistant Attorney General

Harry Loleas, Deputy Commissioner, DLLR-Occupational and Professional Licensing

Shannon Davis, Outreach Coordinator

GUESTS:

None

CALL TO ORDER:

Chair Goodman called the meeting to order at 10:10 a.m.

MINUTES:

By motion made by Mr. Zinner and seconded by Mr. Tegeler, the Minutes of the March 26, 2009 meeting were accepted with changes.

ANNOUNCEMENTS:

Mr. Goodman welcomed the newest Advisory Council Member Mr. Walter Tegeler (representing Monument Dealers). Mr. Tegeler gave a brief overview of his background and interest in representing the needs and concerns of Monument Dealers on the Advisory council.

Mr. Goodman read a letter of commendation for Ms. Tress to be put in her personnel file.

There was some discussion on the recent Federal Appeals Court hearing ruling regarding Judge Bennet’s decision on the Maryland law prohibiting any new corporate owned funeral homes. Judge Bennet’s decision was reversed by the Federal Appeals Court with a finding that it was up to the Maryland General Assembly to make changes, not the Federal Court.

Mr. Goodman reminded the Council members that today April 30, 2009 was the final deadline for filing the required Financial Disclosure form with the Ethics Commission.

There was discussion about an article that appeared in the Washington Post on Sunday, April 5, 2009 entitled “I Never Could Have Imagined” by Josh White. The article reported on a situation involving an SCI owned funeral operation (National Funeral Home) located in Northern Virginia in which it was alleged that human remains were mishandled.

Mr. Cody reported that at the International Cemetery, Cremation & Funeral Association (ICCFA) Convention there were more independent Funeral Directors and Cemetery/Funeral Home representatives in attendance than had been true in the past. Mr. March reported a lot of casket suppliers were displaying “green” (environmental friendly) caskets and that the program included many break out sessions that covered “green” burial. Mr. Goodman asked if Mr. Cody or Mr. March knew where the Association would be holding the convention next year. Mr. Cody responded in San Antonio, Texas. In addition, the ICCFA Fall Management Conference will be held in Washington, D.C.

LEGISLATIVE UPDATE

Mr. Loleas met with the Advisory Council to review the outcome of two bills heard in the Legislative Session which just ended. He stated that House Bill 482 (Criminal Law – Removing Human Remains from Burial Site – Exceptions) passed the General Assembly and is now waiting the Governor’s signature. Senate Bill 910 (Health Occupations – Morticians & Funeral Directors – Crematory License) was passed by the Senate but, ran into a brick wall in the Health & Government Operations Committee in the House. Mr. Loleas spoke with DLLR’s Legislative Liaison asking that a representative from the Office of Cemetery Oversight be included in any future discussion related to Senate Bill 910. Mr. March stated SB 910 was poorly written and needed more work. He stated that the House of Delegates also felt the bill needed more work and were considering holding a summer study session. Mr. March made a motion that the Office of Cemetery Oversight (OCO) approach the Maryland State Board of Morticians & Funeral Directors (MSBMFD) and its Executive Director to achieve a “united front” in issuing a joint bill regulating crematory operations. Mr. March recommended that the 2003 proposed Bifurcated Cremation Bill be reconsidered. Mr. Loleas stated two state agencies cannot publically disagree and that DLLR and the Department of Health & Mental Hygiene (which houses the MSBMFD) would have to be in agreement on any proposed bill. Mr. Foster mentioned there was an interest in working together with the MSBMFD even though in the past things didn’t seem to work out. Mr. Zinner was curious why the bill hit a brick wall. Mr. Loleas stated he was not sure. Mr. Porter recommended an amendment to Mr. March’s motion that a letter from Mr. Foster be sent to MSBMFD’s Executive Director inviting her to work with him on a bill that would be acceptable to both parties. Mr. Cody stated the last time the Bifurcated bill was promoted it passed in the House and not the Senate. This time, SB 910 passed in the Senate and not the House. Mr. Cody stated the Mortician’s Board (all of its members) out number the Office of Cemetery Oversight (the Director-just one person). Mr. Goodman stated the closest the Office of Cemetery Oversight and the MSBMFD came to working together was in 2003 with the Bifurcated bill. The Advisory Council voted unanimously to approve Mr. March’s motion with Mr. Porter’s amendment. Mr. Porter would like the letter to reflect there was a vote taken unanimously in support of Mr. March’s motion as amended. Mr. Loleas reviewed the Executive Branch cycle for proposing departmental legislation. Final discussion on any proposal must be completed by April / May in order to meet the June deadline for submission. Bill drafting is completed by the end of July and reviewed by the Secretary’s office.

Mr. Goodman asked Mr. Loleas if he would be able to return for next month’s meeting to provide follow up on the status of the proposed Summer Study.

NEWSLETTER/BROCHURE/PUBLIC RELATIONS

Ms. Cohen shared a brochure she wrote for Montgomery County if we would like to use hers as a sample for our brochure. Ms. Davis explained what her job duties are. Mr. Foster stated there are several directions we can go in at this point. Our current brochure needs to be periodically updated and we should also have a brochure for cemeteries only. Mr. Foster handed out 2 newsletters we could also use as samples for our brochures. Mr. Foster also stated we could send the newsletters by mail to consumers or post them on the website.

Ms. Cohen stated consumers need to know how costly funerals are. Mr. March wanted to know how many licensees the office currently has. Ms. Tress stated around 80 cemeteries and monument dealers. Ms. Davis stated the newsletter should be e-mailed to consumers and not mailed. Ms. Davis’ opinion is that we might be wasting money if the office was to mail the newsletters-the newsletters might be in consumers’ junk mail pile.

Mr. March was concerned since the Morticians’ Board has created their own brochure and paid for it, how would we know if they will be willing to pay for another brochure –which is the joint brochure to go out once OCO gets the brochure updated. Ms. Wirsching stated our brochure has to have the Morticians’ Board information in it. Mr. Zinner asked Mr. Foster would he be willing to take markups by e-mail for the brochure. Mr. Foster stated he is willing.

Ms. Davis informed the Advisory Council that DLLR is going to be re-designing their website around July (2009). Mr. Foster stated if anyone has any ideas for changes to be made to contact Ms. Davis or him. Mr. Foster informed the Advisory Council that Virginia’s newsletters had information about the boards. Mr. Foster also informed the Advisory Council that Virginia used contact cards-that were post card size-that informed consumers of information. Mr. Cherry asked could the Advisory Council have a sample at the next Council meeting. Ms. Davis responded she is only responsible for the text portion of the newsletter, not for the design. Ms. Davis does not know the other person’s availability.

SUNSET REVIEW COMPLIANCE ISSUES-NON PROFIT REGISTRATION PACKET

Mr. Goodman stated that he is working with Mr. Foster and Ms. Tress to find someone to fill the non-profit vacancy on the Advisory Council. Mr. Goodman is finding it challenging to find a non-profit representative because they are for the most part volunteers who are already overextended and not in a position to make the time commitment necessary to become a member of the Advisory Council.

Ms. Wirsching stated the cemeteries which are non-profit that sell have to complete an application, submit a certificate of good standing and a balance sheet. The cemeteries that are non-profit that do not sell burial goods have to complete an application and submit a certificate of good standing. Mr. Goodman asked which cemeteries fall into which categories (from the Inventory List).

Ms. Wirsching drafted letters that were sent to several non-profit cemeteries that are not currently licensed.

Ms. Tress stated the second part of the non-profit requirements in the Sunset Review needs to be addressed-contacting cemeteries on the inventory list-5,000 cemeteries.

PERPETUAL CARE TRUST ACCOUNTS

Mr. March asked if a lawn mower could be purchased for maintenance with interest earned from perpetual care trust money. Ms. Wirsching answered she believes so. Mr. Goodman asked can a tractor/backhoe (which serves as a dual purpose) be purchased with perpetual care trust money. Ms. Wirsching answered “no” it can not. (The statute should be reviewed for further guidance.)

Mr. Zinner asked when perpetual care began. Ms. Wirsching answered in the early 1970’s. Ms. Tress stated trust reports need to be looked at more carefully.

Ms. Wirsching read information from the statute from Section 5-601 through Section 5-608.

DIRECTOR’S REPORT:

Mr. Foster stated a lot of what the Office of Cemetery Oversight does is financial. He has asked about bringing aboard a part-time CPA.

Mr. Foster attended the monthly Morticians’ Board meeting. Mr. Foster stated the Morticians’ Board is running in a deficit-they haven’t had a fee increase in about 8 years.

Mr. Foster stated the Office of Cemetery Oversight is going to be making changes. Two of the changes are: 1) there will be no extensions for trust reports and 2) he understands there used to be a lot of verbal approvals for licensees to work (before they actually received the license)-the verbal approvals will stop.

INVESTIGATOR’S REPORT:

Ms. Tress briefly informed the Advisory Council how Heritage Memorial Cemetery became licensed. A former employee (employed at a few other cemeteries) was thinking about operating his own cemetery when Ms. Tress happened to mention that cemetery was up for sale. The new owner had to basically start from scratch because he was told the previous cemetery records were burned in a fire.

Ms. Tress stated Ms. Wirsching, Mr. Foster and she met with a company that had a number of complaints against them. The company is not a cemetery. The owners of the company told Mr. Foster, Ms. Wirsching and Ms. Tress they were going to work on reducing the amount of complaints.

Mr. Foster stated the order for Ms. Tress’ digital camera has been approved.

Mr. Goodman thanked the host, himself for the refreshments for this month and reminded everyone that no one signed up for refreshments for May’s meeting and therefore Advisory Council members should bring their own lunch (BYOL)

ADJOURNMENT:

A motion to adjourn the meeting made by Mr. Zinner and seconded by Mr. Cherry. The meeting adjourned at 1:10 p.m.

Approved:

_____With corrections

_____Without corrections

______

(Signature of Chairman) (Date)

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