OFFICE OF CEMETERY OVERSIGHT

ADVISORY COUNCIL ON CEMETERY OPERATIONS

MINUTES

DATE: October 23, 2008

TIME: 10:10 a.m. – 1:00 p.m.

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

PRESENT:

David Goodman, Chair

Patricia Tress, Acting Director/Investigator

Paulette Wirsching, Assistant Attorney General

Leila Whitley, Administrative Aide

Jay Cherry

Richard Cody

Susan Cohen

Erich March

Frank Porter

Sarah Rex

Harriet Suskin

David Zinner

GUESTS:

Harley Felstein, Garden of Remembrance

Harry Loleas, Deputy Commissioner

David Mason, Registered Lobbyist

Elizabeth Trimble, Principal Counsel

CALL TO ORDER:

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

MINUTES:

By motion made by Frank Porter and seconded by David Zinner, the Minutes of the July 24, 2008 meeting were accepted with changes.

ANNOUNCEMENTS:

Chair Goodman announced the next meeting will be held on December 4, 2008. Ms. Tress added that there will be no parking available on that day because two other Boards are scheduled to meet.

George Tyrie finished his term with last month’s meeting. There is a position that needs to be filled by a monument dealer. Ms. Tress announced the Office of Cemetery Oversight received a letter from Mr. Divelbiss stating he was resigning from the Advisory Council on Cemetery Operations due to the amount of responsibilities he has at his cemetery and also the amount of travel time. The Office of Cemetery Oversight now has to fill also a position for a non-profit cemetery. Ms. Tress added she tried calling Mr. Divelbiss but was unable to reach him. Mr. Porter suggested the Advisory Council could send certificates to members who leave the council to show appreciation for their hard work and dedicated service.

Ms. Tress talked about the process of finding a new director. The exemption to the hiring freeze for the Director’s position has been received.

REVIEW OF CURRENT PRACTICE ISSUES/CONCERNS

Harry Loleas, Deputy Commissioner for Occupational & Professional Licensing, and Elizabeth Trimble, Assistant Attorney General for DLLR, discussed the role of the OCO’s Advisory Council. Mr. Loleas stated there are about 220,000 licensees with the 22 boards and commissions that are under the Department of Labor, Licensing and Regulation. David Zinner questioned Mr. Loleas about whether the Morticians’ Board will ever be licensed with the Office of Cemetery Oversight under DLLR. Mr. Loleas stated most likely not because they are considered to be in the health field.

Mr. Loleas discussed the process of regulations getting to Annapolis and reasons the Council could or could not have closed sessions. Ms. Trimble spoke about ethics. If an Advisory Council Member is in the cemetery profession they may continue to belong to a professional association but they cannot be an officer of that association and may not serve on committees whose interests may conflict with those of the Advisory Council.

Mr. March brought up the subject of the budget crunch and how it will affect the Advisory Council. We are the only advisory council under DLLR out of the 22 boards and commissions. Mr. Goodman reviewed the history of the Advisory Council how it was formed as a result of the task force and was created by the General Assembly.

Mr. Botts stated so far the only cuts that have been made to Occupational and Professional licensing are those funded through general funding and not special funding. The Office is specially funded. Ms. Cohen commented that the Council should be a board and should not be an Advisory Council.

MARYLAND CEMETERY HERITAGE FUND

There was additional discussion on the Maryland Cemetery Heritage Fund that was a continuation from the September meeting. The final proposed bill on abandoned cemeteries will be sent to Ms. Wirsching and will be forwarded to the appropriate individuals.

Members of the Advisory Council are interested in how we receive perpetual care trust reports and pre-need trust reports. The Council discussed concerns that because of the current economic trends, trust fund values will fall. This issue will be discussed further at a future meeting.

DIRECTOR’S REPORT/INVESTIGATOR’S REPORT:

Ms. Tress stated she is continuing to learn the ins and outs of the licensing process. She is preparing a letter to be sent to Responsible Parties to more fully explain the licensing procedures and to advise them of their responsibilities.

A Governor’s Citation was forwarded to the former Director, George Piendak, for his years of dedicated service to the Office of Cemetery Oversight. Ms. Tress read a thank you note from Mr. Piendak for his citation and for the support he received as the Director.

NEW BUSINESS:

Mr. Porter asked for a confirmation of the date of the December meeting. Ms. Tress stated it is December 4, 2008 and again reminded the Council members that parking in our building will not be available.

Erich March asked for clarification on the issue of second Rights of Interment. Mr. March stated that several cemeteries were charging for a second right, but many consumers believed the second right was free. Apparently, some corporate cemeteries are charging a second right of interment fee. Ms. Wirsching advised Mr. March that if the OCO received a complaint regarding this issue, the executed contract would be reviewed and we would expect the cemetery and the consumer to abide by the terms of the contract.

ADJOURNMENT:

A motion to adjourn the meeting at 1:00 p.m. was made by Erich March. The motion was seconded by Sarah Rex.

Approved:

_____With corrections

_____Without corrections

______

(Signature of Chairman) (Date)

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