REGULAR BOARD MEETING
MINUTES
January 13, 2010
The North
Carolina Board of Funeral Service met for a duly scheduled Board Meeting at
9:00 a.m. on January 13, 2010 at the Board’s office,
Present: J. T.
Willoughby III, President;
Also
Present: Paul Harris, Executive
Director; Stephen N. Dirksen, General Counsel; Fred Jordan with the N. C. Eye
Bank, Pat Hayes with
Mr. Willoughby
called the meeting to order at 9:05 a.m., led the Pledge of Allegiance and had
the invocation.
Mr. Willoughby
read the Ethics Awareness & Conflict of Interest statement and no one
recused themselves at that time.
Mr. Willoughby
asked the guests to identify themselves.
There were no public comments. Mr. Harris stated Attorney Jack Nichols would
be joining the meeting later and the Board will be required to go into closed
session.
Ms. Wiseman
presented the December minutes for approval.
Mr. Parrott made the motion to approve the minutes and Mr. Blake
seconded. The motion carried.
Exam Committee:
Mr. Parrott stated in December six applicants took the exam. Five were first time and one retake. Two first time applicants passed, the rest
failed. Staff has scheduled a refresher
training session with Castle Worldwide in the next two weeks so the computer
based laws and rules exam can begin in March.
This report was submitted for information only.
Finance/Personnel:
Mr. Harris presented the report in Mr. Briggs’ absence. The Committee was recommending interest on
the recovery fund claims for 2010 be set at ¾ of 1%. Mr. Parrott made the motion to accept the
recommendation. Mr. Lea seconded and the
motion carried. In order for staff to
process December litigation bills, approval of an amount to restore the
litigation reserve fund to 100K will be presented at the February meeting.
Mr. Harris
presented the financials. Mr. Lea made
the motion to receive the report for information only. Mr. Blake seconded and the motion carried.
Preneed
Committee: Mr. Harris presented the report in Mr.
Andrews’ absence. Ms. Wiseman made the
motion to receive the report for information only. Mr. Parrott seconded and the motion carried.
Disciplinary
Committee: Mr. Lea presented the report and stated there
was an addendum. Mr. Parrott made the
motion to accept the report as presented not including the addendum. Mr. Blake seconded and the motion
carried. Mr. Parrott made the motion to
accept the addendum as presented M09-001 (bond) and (annual report). Ms. Wiseman seconded and the motion carried.
Traineeship:
Mr. Blake stated the Committee had met prior to the Board meeting with a
trainee who had a late work report for the second time this year. They were recommending the removal of the
suspension and Mr. Blake made the motion.
Ms. Wiseman seconded and the motion carried.
Staff issued
suspension to three trainees last week.
The Committee will schedule a meeting with those trainees prior to the
February meeting.
Other Committee
Reports: There were none.
Attorney Report: Mr. Dirksen
presented his report for information only.
Mr. Parrott and Mr. Willoughby commended Mr. Dirksen for diligence in
the handling of all the cases. Mr.
Parrott made the motion to receive the report for information only. Mr. Blake seconded and the motion carried.
At this time Mr.
Executive Director’s Report: Since the
December Board Meeting 24 reports have been filed. This includes eight follow up audits by Mr.
Davis.
As of January 7, 2010 the following renewals have been received: 513 funeral homes, 1712 active licensees, 108
inactive licensees, 73 crematories, 6 unaffiliated, and 7 chapels. Reminder letters will be sent to licensees
that have not renewed as of January 15. The letters will be sent on January 19.
New Funeral Homes—Clay-Barnette Funeral Home of
New funeral director licensees:
Raymond Moore
New funeral service licensees:
Joann Marotta (converted), Christopher Burroughs, Robert Wright
New trainees: Joshua Stainback,
Louis Long, Brian Michael
Staff Ethics report: Mr. Harris
reported telephone contact with FD&MA of NC, Inc. and NCFDA. He
participated in a continuing education program for the Western District of
FD&MA of NC, Inc. in
The law books were mailed and less than ten have been returned because of
incorrect addresses. He has had positive
feedback regarding the content of these new books.
At this time Ms. Webber entered the meeting.
The Oaths of office have been delayed until the February meeting since
the Governor’s office has not reappointed Mr. McCree or named someone to fill
that position on the Board. Judge Morgan
will issue the Crematory oaths at the same time.
The Conference meeting in
Mr. Harris and Mr. Dirksen will meet with the Laws and Rules Committee
regarding the preneed bond requirement and a recommendation will be brought
before the Board for discussion at the February meeting.
Mr. Harris was recommending a policy when discussing the Disciplinary
Committee cases, the case numbers be read into the minutes when approved. Mr. Wiseman made the motion to accept the
recommendation and Mr. Lea seconded. The
motion carried.
Mr. Willoughby acknowledged Mr. Jordan and Ms. Webber.
Mr. Harris was also recommending that a copy of the financial reports
presented during Board meetings be certified by the presiding officer. Mr.
Blake made the motion to approve the recommendation and Ms. Webber
seconded. The motion carried.
Mr. Harris stated Ms. Wiseman had suggested the statute be cited on the
reports sent to members so the member can review before the meeting. Mr. Harris will do so. No action required by Board members. Discussion ensued.
Mr. Parrott made the motion to accept the Executive Directors’ report for
information only. Mr. Lea seconded and
the motion carried.
New Business: Mr. Harris
suggested dates be considered for the 2010 Board meetings and presented a calendar
for review. Mr. Parrott made the motion
to set March 10 for the Board meeting and March 11 for any hearings. Other dates will be set at the February
meeting. Mr. Lea seconded and the motion
carried.
Old Business: There was
none.
Informational Items: Mr. Harris
presented a letter from Ray & Allen Funeral Service in
Public Comment: There was
none.
The meeting was recessed at 10:50. The meeting was reconvened at 10:55 and Mr.
Nichols entered the meeting. Mr. Parrott
made the motion to enter closed session to prevent the disclosure of privileged
or confidential information pursuant to a North Carolina or United States law
and to consult with Board legal counsel in order to preserve the
attorney-client privilege to discuss pending litigation in the matters of The
Board vs. Ronnie Riddle and Melton Riddle Funeral Home and Ronnie Riddle and Melton
Riddle Funeral Home vs. the Board. Mr.
Blake seconded. The motion carried.
Ms. Wiseman made the motion to return to open session and
seconded by Mr. Parrott. The motion
carried. Mr. Willoughby asked for a
motion to direct legal counsel to carry out the matters of discussion in closed
session. Ms. Webber made the motion and
Mr. Parrott seconded. The motion
carried.
Mr. Harris stated that there was another matter for
discussion with Mr. Nichols in closed session regarding Mark Howell and the
Board’s lawsuit against him. Mr.
Willoughby suggested that we needed to proceed with reading the disciplinary
case numbers into the minutes pursuant to the Board’s adoption of that
recommendation earlier in the meeting.
Mr. Lea stated the following case numbers were a part of the earlier
approved disciplinary committee report:
V09-063, V09-064, V09-068, V09-070, V09-041 and M10-001. Mr. Lea then asked if he needed to include
the case numbers from the addendum. Mr. Harris responded Mr. Parrots’ motion to
approve the addendum referenced those case numbers and it was not necessary to
refer to them again.
At this point Mr. Harris asked Mr. Nichols to discuss
ethics training and other training required by new legislation under the
provisions of Chapter 93B of the General Statutes. Mr. Nichols reviewed the areas of required
training and gave a time estimate. Allen
and Pinnix received approval from the Ethics Commission to provide ethics
training for Boards they represent.
Discussion ensued. Mr. Nichols
and Mr. Harris will contact the ethics commission in order to determine the
current status of each member’s training.
Mr. Parrott made
the motion to go into closed session to prevent the disclosure of privileged or
confidential information pursuant to a
Upon proper motion by Mr. Blake and seconded by Ms.
Webber, the Board returned to open session.
No action was taken and Mr. Nichols departed the meeting.
The regular meeting was recessed until the hearing.
Following the conclusion of the matters of the hearing,
NCBFS vs. Rountree, the Board reentered regular session on motion by Mr.
Parrott and second by Ms. Webber.
Mr. Harris stated there were additional matters to bring
before the Board before adjournment. It
appears there will be a quorum of members available for the hearings scheduled for
Thursday. Mr. Willoughby has already
granted a continuance for the 1:00 Thursday matter but there remains a 9:00
matter scheduled and an attorney representing the licensee in that matter was
present and wishes to request a continuance from the Board. Matthew Boyette
with the Charles Frances law firm appeared in order to request a continuance on
behalf of their client. Mr. Parrot made
the motion to grant the continuance and Ms. Webber second. Discussion ensued. Motion was granted.
Mr. Harris provided the Board information on a preneed
recovery claim that had been previously approved regarding the Tucker Funeral
Home.
With no further business Mr. Parrott moved the meeting be
adjourned and seconded by Ms. Wiseman.
The motion carried and the meeting was adjourned.
J.
T. Willoughby III, President
Tryphina
Wiseman, Secretary