REGULAR BOARD MEETING
MINUTES
November 4, 2009
The North
Carolina Board of Funeral Service met for a duly scheduled Board Meeting at
9:00 a.m. on November 4, 2009 at the Board’s office,
Present: Larry
Andrews, President; J. T. Willoughby III, Vice President;
Also
Present: Paul Harris, Executive
Director; Stephen N. Dirksen, General Counsel; Fred Jordan with the N. C. Eye
Bank, Herb Reichlin with the Funeral Consumers Alliance, Pat Hayes with North
Carolina Funeral Directors Association, Bill Britt with McIntyre Funeral Home
Ministries in Goldsboro, Charles Frances, Attorney, and
Mr. Andrews
called the meeting to order at 9:05 a.m. and led the Pledge of Allegiance. Mr. Willoughby had the invocation.
Mr. Andrews
read the Ethics Awareness & Conflict of Interest statement and no one
recused themselves at that time. Mr.
Briggs stated he attended the National Funeral Directors Association Convention
in
Mr. Andrews
asked the guests to identify themselves and make any comments. Mr. Francis and Mr. Britt made comments
regarding the Board’s decision on McIntyre Funeral Home Ministries and
requested a reconsideration of the decision and then departed the meeting.
Mr. Parrott
asked the members to review the previously mailed October minutes for
approval. Mr. Harris mentioned Mr.
Briggs recusal was included in the Board book but had not been mailed with the
minutes. Mr. Wiseman made the motion to
approve the minutes. Mr. Willoughby
seconded and the motion carried.
Exam Committee:
Mr. Parrott stated seven applicants took laws and rules, all were first
time and one failed. This report was for
information only.
Finance/Personnel:
Mr. Briggs stated the financials were not included since they had not
yet been received for the month. The
Committee is reviewing the budget draft prepared by staff.
Staff as
requested had researched local mailing service fees for mailing the law books
and was quoted $5600. Thomson Reuters
estimated costs to mail the books directly from their warehouse is about $2800. Mr. Briggs made the motion to accept the
offer by Thomson Reuters to mail the law books directly from their
warehouse. Mr. Lea seconded and the
motion carried.
Laws, Rules
& Legislation: A recent applicant for an unaffiliated status
inquired if they could use a website name different from the name registered
with the Board. During the conversation
another unaffiliated licensee was mentioned that was using a different
name. Unaffiliated licensees are
required to comply with rules and regulations imposed on funeral establishments
including but not limited to statutes prohibiting the use of unregistered or
misleading names. Mr. Briggs made the
motion for staff to (1) send written notice to the current unaffiliated
licensee using the different website name to take immediate corrective action
to comply with the law, (2) inform the applicant for unaffiliated status of the
requirements and (3) issue a written notice to all current unaffiliated
licensees and future applicants of the requirements. Mr. Willoughby seconded and the motion
carried.
Preneed
Committee: Mr. Andrews yielded the floor to Mr. Harris to
discuss the Committee’s recommendation of requiring the use of the current
certificate of performance form beginning in 2010. A copy of the form and a notice will be
included with the renewal mailings. Discussion
ensued. Mr. Willoughby made the motion
to accept the recommendation and Mr. Parrott seconded. The motion carried.
Staff has
received a request to revoke and irrevocable contract because the beneficiary
has moved out of
Mr. Andrews
presented the preneed report for information only.
Disciplinary
Committee: Mr. Lea presented the report and stated there
was an addendum that may be treated separately.
Discussion ensued. Mr. Dirksen
stated that a check was in route by overnight courier for Case V07-014 but was
not here yet. Mr. Willoughby made the
motion to accept the report and addendum with the exception of Addendum Item
V07-014, which was tabled to determine receipt of the check. Discussion ensued. Mr. Lea seconded and the motion carried.
Clinics:
Ms. Wiseman reported on the November 20, 2009 clinic. Carl Shytle will present one session and
Vickie Zimmerman and Scott Billingsly will present the other session. Registration fee is $35 and begins at 8
a.m. The clinic is scheduled from 9 a.m.
to 4 p.m. The Committee recommends a
complete waiver or substantial reduction of the fee for trainees and
students. Mr. Willoughby made the motion
to waive the fee for trainees and students.
Ms. Wiseman seconded and the motion carried.
Other Committee
Reports: Mr. Willoughby presented a Continuing
Education Committee report and yielded to Mr. Harris to discuss. The committee recommends adoption of a policy
requiring an individual licensee to file form CE-5 at least ten days prior to
enrollment and participating in an approved online CE course. Mr. Briggs made the motion to accept the
recommendation from the committee. Mr.
Lea seconded and the motion carried.
Attorney Report: Mr. Dirksen
presented his report.
Executive Director’s Report: Since
the October 16 Board Meeting 22 reports have been filed. New Funeral Homes—Phillips Funeral Service,
Closed: Smith Community Funeral
Home in Williamston
Location Change: Scarborough &
Hargett in
New trainees: Anthony Brown,
Joseph Clyburn, Sherrie Graves, Karen Green, Edward King Jr., Raymond Laws,
Joshua Spencer, Duane Thomas, Nicholas West.
There was no staff ethics report for the month.
The Division of Air Quality has reported twelve more crematories are
nearing their 532 annual cremations limit.
The Newsletter will be mailed on Friday.
The Board’s business continuity plan is working.
A Preneed review is scheduled from 9-12 and an FTC Review is scheduled
from 1-3 on December 17th.
The Board Christmas Party is schedule for 6:30 on December 8. More information will be included with the
next Board mailing. The next Board meeting
is scheduled for December 9 and 10. The
election of the 2010 officers will be discussed. Mr. McCree’s term will expire December 31,
2009.
New Business: There was
none.
Old Business: There was
none.
Informational Items: Included was
the N. C. Ethics Commission October 2009 newsletter regarding gifts. Mr. Harris stated several vendors presented
staff with food items during the holidays and he would ask them to discontinue
this practice this year.
Included was a newspaper article regarding the handling of unclaimed
bodies and a copy of a letter from the Charlotte-Mecklenburg Utilities System
regarding reducing pollutants and embalming operation practices. Mr. Briggs stated he had attended a workshop
on formaldehyde while he was in
Mr. Willoughby thanked the Board and staff for the concern shown for his
family at the passing of his mother in law.
The family appreciated the flowers, calls and cards they received. He would be leaving the meeting early because
of a family matter at 1:00.
Public Comment: There was
none.
Mr. Parrott made the motion to go into closed session to
discuss a matter of client-attorney privilege and to discuss an investigation
into alleged criminal misconduct. Ms.
Webber seconded and the motion carried.
Upon proper motion by Mr. Willoughby and second by Mr.
Lea, the Board returned to open session following a unanimous affirmative
vote. Mr. Andrews stated that Mr.
Parrott and Mr. Dirksen recorded closed session minutes. At this time Mr. Charles McDarris entered the
meeting. Mr. Briggs made the motion to
give the General Counsel and the Executive Director authority to use their
discretion in handling the Howell lawsuit matter on behalf of the Board. Mr. Parrott seconded motion and the motion
carried. Mr. Harris stated that there
was no action on the investigative matter.
Mr. Andrews stated he was prepared to recess for the
hearing and Mr. Briggs requested to have some discussion regarding McIntyre
Funeral Home Ministries. Mr. Harris
provided a timeline of events related to correcting the preneed records and the
Board’s 2008 Final Agency Decision.
Further discussion ensued. Mr.
Dirksen and Mr. McDarris recommended that any further Board discussion be held
in closed session citing his concerns with staff providing information without
McIntyre being able to respond. Mr.
Briggs then made the motion to enter closed session to deliberate the McIntyre
request and consult with Mr. McDarris.
Ms. Webber seconded motion. Mr.
Lea asked if he could participate in the closed session. Mr. McDarris advised that he should not. Mr. McDarris also advised Mr. Parrott that he
should not participate. Mr. Andrews
called for the vote and the motion carried.
Mr. Andrews stated that Ms. Wiseman would keep closed session minutes in
Mr. Parrott’s absence.
Upon proper motion by Mr. Briggs, seconded by Mr.
Willoughby and vote of the Board, the Board returned to open session. Mr. Briggs then moved to schedule a hearing
regarding the request made by Mr. Francis on behalf of McIntyre Funeral Home
Ministries. Ms. Wiseman seconded. Discussion ensued. Mr. Andrews called for the vote and the
motion passed.
With no further business Mr. Andrews declared the meeting
to be in recess until the hearing.
Following the close of hearings, Mr. Andrews stated the
meeting was back in regular session at 1:17 p.m. Mr. Dirksen stated that staff was in receipt
of a check and recommended approval of the Consent Order for V07-014 which was
tabled earlier in the meeting. Some
discussion ensued and Mr. Parrott made the motion, with a second by Ms. Webber,
to approve the Consent Order. The motion
carried.
Mr. Harris stated for the record that Mr. Blake was out of
town and did not participate as a Disciplinary Committee member in any of the
matters brought before the Board at this meeting which would allow him, if
necessary, to sit as a member of a hearing panel in any of the matters for
hearing.
Larry
Andrews, President