OFFICE OF CEMETERY OVERSIGHT
ADVISORY COUNCIL ON CEMETERY OPERATIONS
MINUTES
DATE: December 6, 2007
TIME: 10:20 a.m. – 1:20 p.m.
PLACE; Meadowridge Memorial Park, 7250 Washington Boulevard,
Elkridge, Maryland 21075
PRESENT:
David Goodman, Chair
George Piendak, Director
Paulette T. Wirsching, Assistant Attorney General
Patricia Tress
Jay Cherry
Richard Cody
Susan Cohen
Erich March
Frank Porter
Sarah Rex
David Zinner
GUESTS PRESENT:
J. Michael Bennett, Meadowridge Memorial Park
Charles Brown, Rest Haven Cemetery
Anthony Georgakis, Arbutus Memorial Park
David Mason, Mason Government Relations Service
Fred Ryland, Department of Health and Mental Hygiene
Robert Stevenson, Lakemont Memorial Gardens
CALL TO ORDER:
Chair Goodman called the meeting to order at 10:20 a.m.
MINUTES:
After making several changes, by motion made by Jay Cherry and seconded by David Zinner, the Minutes of the October 25, 2007 meeting were accepted.
ANNOUNCEMENTS:
Chairman Goodman thanked the staff of Meadowridge Memorial Park for providing the conference room for today’s rescheduled Advisory Council meeting. J. Michael Bennett, Responsible Party for Meadowridge Memorial Park, gave a brief history of the cemetery which saw its first burial in December, 1936. Mr. Bennett explained that while Meadowridge and the Gary Kaufman Funeral Home are owned by SCI, the funeral home is an integral part of the community and various civic organizations hold meetings and other events in the funeral home and in the cemetery.
Chairman Goodman distributed sign up sheets for refreshments for the upcoming Advisory Council meetings and for attendance at the State Board of Mortician’s meetings to be held in calendar year 2008. Everyone is asked to volunteer, and Chair Goodman expressed his appreciation in advance.
The inclement weather policy to be implemented during the winter season was reviewed. If Baltimore City and/or Baltimore County Public Schools are two hours late or canceled, the Advisory Council meeting will be canceled. Although that was the situation for today’s Council meeting, the roads were generally clear and the inclement weather policy had not been discussed. In the future, the Director of the Office of Cemetery Oversight, George Piendak, and Chairman Goodman will discuss the situation and will contact Council members by phone and email as to their decision. Chair Goodman reminded all Council members that at no time should any one take undue risks to attend an Advisory Council meeting.
Marci Kreamer, a former Advisory Council guest speaker and sales counselor from Chesapeake Highlands Memorial Park, recently contacted Chairman Goodman and advised him that she continues to work with the Calvert County Government on their emergency procedures in the event of a pandemic. Ms. Kreamer has offered to provide a copy of her cemetery’s proposed contingency plan once it has been finalized.
Chair Goodman congratulated Council Member Erich March for the recent award he received for his work in the community. The Boy Scouts of America presented Mr. March and two other individuals with their Community Leader Award at a breakfast honoring their accomplishments and commitment to their respective communities. Mr. March thanked Director Piendak for attending the award ceremony held at the Reginald F. Lewis Museum last month.
GUEST SPEAKERS – FRED RYLAND:
Chairman Goodman introduced today’s Guest Speaker, Fred Ryland, Assistant Attorney, General for the Department of Health and Mental Hygiene for the State of Maryland. Mr. Ryland discussed the history of the Health Insurance Portability and Accountability Act (HIPAA), the federal privacy act for health care. HIPAA is very closely modeled after the Maryland Confidentiality of Medical Records Act (MCMRA). The privacy of medical records can be traced back to the Hippocratic Oath taken by physicians as a safeguard against the spread of idol gossip. With the technological advances made in the 20th Century and the fear of insurance fraud, it became necessary for legislation to be enacted to provide safeguards for privacy for patients undergoing medical treatment. Mr. Ryland advised that the funeral industry is on the periphery of the protection of HIPPA and MCMRA. After death, HIPAA and MCMRA remain in affect to protect the deceased. Even though death certificates and autopsy reports are public record, Mr. Ryland believes access to these documents is limited.
INSTITUTE OF JUSTICE LAWSUIT UPDATE:
Charles Brown, one of the plaintiffs in the lawsuit filed by the Institute of Justice against the State Board of Morticians, advised the Council that Judge Richard Bennett recently handed down a decision in the case, but the plaintiffs in the case requested clarification. According to his decision, Judge Bennett ruled that the existing law which restricts the number of corporate licenses issued to funeral homes in the State of Maryland to 58 is unconstitutional. However, Judge Bennett did not invalidate that section of the Maryland Code which allows only a mortician to file an application for a license. The Plaintiffs in the case are unsure if this means that non-licensed individuals can purchase stock in a funeral home which is incorporated. The State Board of Morticians recently filed its opposition to Plaintiff’s motion, but Judge Bennett has not yet ruled on the motions for further clarification.
Erich March summarized Judge Bennett’s actions and stated that the judge declared unconstitutional the 58 limit and did not take a position on the rest of the law.
David Mason, a lobbyist for a portion of the funeral industry, believes Judge Bennett will render a clarification decision within the next few months and believes that the judge will say he’s done all he can with the lawsuit, thus leaving it to the General Assembly to further clarify grey areas such as the executor and widow(er) provisions.
VANDALISM - PROPOSED PENALTIES:
Delegate Sandy Rosenberg recently contacted Director Piendak and requested that the Advisory Council discuss the need for higher penalties for vandalism in cemeteries throughout the State. As the law currently reads, the crime is a misdemeanor and carries a penalty of up to 5 years imprisonment and/or a $10,000 fine. Possible amendments would be: 1) make the crime a felony and either keep the maximum penalties or increase them; or 2) create a graduated system where if the value of the damage is $500 or more it is a felony punishable by up to 15 years and/or a $25,000 fine and if the value is less than $500 either keep the 5 years/$10,000 or reduce it to 18 months and/or $500 (which would be consistent with the penalties for theft). After some discussion, there was no consensus among the Advisory Council members as to raising the crime from a misdemeanor to a felony. The Council felt the current penalties for violation of Section 10-404, Criminal Law Article, Annotated Code of Maryland, are adequate when applied appropriately. The Council noted the possibility of multiple counts when more than one monument or memorial has been vandalized. The Council favored retaining the current penalties as opposed to a graduated system. The Council also expressed its feelings that community service in the affected cemetery and restitution are options which should be considered by the sentencing judge in cases of cemetery vandalism.
PRE-NEED CONTRACTS AND CREMATION:
Due to time constraints, the discussion of pre-need contracts and the increase in the cremation rate throughout the State will be postponed until the next Advisory Council meeting.
DIRECTOR’S REPORT:
George Piendak advised the Council that he recently attended the National Cemetery Regulators Association (NCRA) Conference held in Deerfield, Florida. During the conference, members visited a mausoleum which is specifically designed and marketed to include the Jewish population. The cemeterian is a gentleman by the name of David Goldstein who at one time was a rock band promoter. Mr. Goldstein believes that, although mausoleum crypts are generally frowned upon in the Jewish community, a market exists for certain members of the Jewish faith. The mausoleum can be expanded upon and houses art exhibits and community meetings in an attempt to reach out to the Palm Beach Community.
Approximately 16 states and 3 Canadian provinces were represented at the Conference. George Piendak was elected as one of three At-Large Board members by the Association.
Prior to the conference, the NCRA Audit Committee performed an on-site audit of a Matthews Bronze warehouse and production facility. The audit was performed to safeguard against fraud in pre-need sale of memorials. Matthews Bronze, the largest manufacturer of bronze memorials in the United States, received a clean audit from the Association at their Arkansas facility.
Director Piendak reported that since Hurricane Katrina, some cemeteries experiencing financial hardship in Louisiana can become exempt from regulation if paying Louisiana’s state fees is unduly burdensome. The legislature has granted certain case-by- case exceptions. In Washington State, the rate of cremations in the State is between 70 and 80%. Additionally, cremains can be placed in any flowing waters in the State. The representative for New York State advised conference attendees that the state has 50 crematories, 2/3 of which are located in cemeteries. New York State now requires that retort operators be licensed prior to operating equipment in a crematory. Additionally, cities and towns in New York are required by statute to assume responsibility for abandoned cemeteries within their borders.
INVESTIGATOR’S REPORT:
Patricia Fagan Tress advised the Council that Director Piendak and Commissioner Stanley Botts joined her in an inspection of a for-profit cemetery. Commissioner Botts made the request to accompany the Investigator and the Director of the Office of Cemetery Oversight to get a better feel for the complaint process. Ms. Tress and Mr. Piendak gave Mr. Botts a tour of the cemetery and explained the types of complaints filed with the OCO and the possible results obtained.
Ms. Tress will be meeting with Janet Davis, the Historical Preservation Planner for Frederick County, this month. Ms. Davis will hopefully provide an inventory of cemeteries in Frederick County.
NEW BUSINESS:
Chair Goodman advised the Council that a hearing will be held by the Senate Health Committee on Tuesday, December 11, 2007 for the Sunset Review of the State Board of Morticians. Any Council members who can attend the meeting are requested to do so.
Chair Goodman again thanked Michael Bennett and the staff of Meadowridge Memorial Park for the use of their facilities for today’s meeting.
Mr. Goodman reminded everyone that the next Advisory Council meeting will be held in the 2nd floor conference room at 500 North Calvert Street, Baltimore, Maryland on January 24, 2008.
ADJOURNMENT:
On motion of Frank Porter and seconded by Jay Cherry, the Council voted unanimously to adjourn at 1:15 p.m.
APPROVED:
_____With corrections
_____Without corrections
______
(Signature of Chairman) (Date)
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