REGULAR BOARD MEETING

MINUTES

December 14, 2005

The North Carolina Board of Funeral Service met for a duly scheduled Board Meeting on December 14, 2005 at the Board’s office located at 1033 Wade Avenue, Raleigh, North Carolina.

Present: Jack Briggs, President; Rudy Lea, Vice President; Jody Tyson, Secretary; Mark Blake, William Manson, Larry Andrews, T. E. White, Sr., George Parrott and Windell Daniels by teleconference.

Also Present: Paul Harris, Executive Director; Stephen N. Dirksen, General Counsel; Patricia Hayes, Fred Jordan, and Lyn Cochrane.

President Jack Briggs called the meeting to order at 9:03 a.m.

Mr. Briggs read Governor Easley’s Executive order #1 and no one recused themselves at this time.

Mr. Briggs gave the invocation and opened the floor for public comment. There were none.

Mr. Tyson stated the minutes for the November meeting had been previously mailed to the Board. Mr. Tyson made the motion to approve the minutes and Mr. Lea seconded. The motion carried.

CE Committee: Mr. Tyson referenced copies of documentation from the North Carolina Funeral Directors Association responding to a letter Mr. Harris had written explaining why a continuing education class had denied and subsequent correspondence from the Association.

Mr. Tyson stated the CE Committee had met by teleconference and on December 5, 2005, the letter had been sent to the NCFDA denying the program and stating why it was denied. The NCFDA had also submitted a program regarding sales tax and that program had been approved.

Clinics: Mr. Manson stated there were 86 registrants at the winter conference held at the McKimmon Center on Tuesday, December 13. Discussion ensued regarding a clinic date change for the winter conference in 2006 to October or November.

Disciplinary Committee: Mr. Parrott stated that the disciplinary cases had been previously mailed. Discussion ensued regarding V05-043. Mr. Briggs called for the vote. Mr. Lea made the motion to accept the report and Mr. White seconded. The motion carried.

Laws, Rules & Legislation: Mr. White stated the Committee had met on December 13 to discuss personnel issues and he deferred the meeting to Mr. Harris. Mr. Harris read the proposed policy regarding confidentiality of information contained within Board personnel records and information to be released as public information. Mr. White made the motion to adopt this opinion as policy. Mr. Andrews seconded and the motion carried.

Mr. Harris stated the Crematory Authority had met November 17 and was recommending the Board adopt the following with regards to the provisions of NCGS §90-210.129(c): In deaths coming under full investigation by the Office of the Chief Medical Examiner, the burial transit/cremation authorization form is to be used to effect the cremation of the decedent. Discussion ensued. Mr. Lea made the motion to accept this statement and Mr. Parrott seconded. Mr. Lea, Mr. Manson, Mr. Tyson, Mr. White, Jr., Mr. Andrews, Mr. Parrott and Mr. Daniels voted yes. Mr. Blake voted no. The motion carried.

Finance: Mr. Daniels presented the November financials and the 2006 budget. Director travel line item is now called Director car allowance and the condo fees include an anticipated increase. Discussion and questions ensued. Mr. Daniels made the motion to go into Executive session to discuss personnel matters. Mr. Parrott seconded.

Upon proper motion the Board returned to open session. At this time Board Inspector Carolyn J. Connor entered the meeting. Mr. Daniels made the motion to accept the 2006 budget. Mr. Parrott seconded. Mr. Andrews, Mr. Parrott, Mr. White, Mr. Lea, Mr. Manson, Mr. Blake and Mr. Daniels voted yes. Mr. Tyson voted no. The motion carried.

At this time (10:30 a.m.) the Board recessed for a five-minute break.

The Board reconvened at 10:35. Mr. Briggs stated since Mr. Daniels had to leave the meeting because of another commitment, the 2006 Officer Elections be held at this time. Mr. Daniels made the motion to use written ballots. Mr. Lea seconded. Mr. Lea, Mr. Daniels, Mr. Parrott, Mr. Andrews, Mr. White, Mr. Manson and Mr. Blake voted yes. Mr. Tyson voted no. The motion carried. At this time Mr. Briggs yielded the chair and the meeting was turned over to the Board Attorney, Mr. Dirksen.

Mr. Dirksen opened the floor to receive nominations for president. Mr. Lea nominated Mr. Briggs. Mr. White moved the nominations be closed. Mr. Daniels seconded and the nominations were closed. There being no further nominations, Mr. Briggs was named president.

Mr. Dirksen opened the floor to receive nominations for vice president. Mr. Tyson nominated Mr. White. Upon proper motion the nominations were closed. There being no further nominations, Mr. White was named vice president.

Mr. Dirksen opened the floor to receive nominations for secretary. Mr. Daniels nominated Mr. Parrott and Mr. Manson nominated Mr. Tyson. Upon proper motion the nominations were closed. Mr. Dirksen asked the ballots state the candidates name and the signature of the person casting the vote. Mr. Daniels will fax his vote to the office. Mr. Blake suggested the candidates make a brief statement prior to the vote and Mr. Parrott and Mr. Tyson did so. At this time Mr. Dirksen called for the vote. At this time Mr. Daniels left the meeting by teleconference. The ballots were counted as follows: Mr. Manson, Mr. Andrews, Mr. Tyson and Mr. White voted for Mr. Tyson. Mr. Briggs, Mr. Lea, Mr. Parrott and Mr. Daniels voted for Mr. Parrott. Mr. Blake abstained from voting. Since there was a tie vote and Roberts Rules of Order did not address who could “break the tie,” Mr. Briggs asked Mr. Dirksen to call the Institute of Government for an opinion.

Preneed Report: Mr. Andrews presented the Preneed Report and made the motion to accept it as presented. Mr. Parrott seconded and the motion carried.

Examination Report: Mr. Blake stated the Committee had met December 6 in the Board’s office with regards to the pathology test. Mr. Harris, Mr. Parrott and he were in attendance and Michael Landon with Fayetteville Technical Community College and David Klapper of UNC Chapel Hill, by teleconference. Comments and recommendations by Mr. Landon and Professor Klapper will be mailed to the Board’s office. A decision regarding the pathology test should be reached by the February meeting.

Sixteen applicants took the examination on Tuesday, December 13 and all passed. The Scantron machine can be monitored to determine which questions a missed consecutively.

Executive Director’s Report: Mr. Harris recognized Carolyn J. Connor, Board Inspector, for comments pursuant to the Board’s earlier request to invite each inspector to meet with the Board. Ms. Connor thanked the Board for invitation to meet and speak with them. She reported on establishments and responded to questions from Board members. Mr. Briggs thanked Ms. Connor for attending and at that time she departed the meeting.

Mr. Harris stated the Inspector’s Reports and the new licenses issued and trainees registered were inserts in the Board book--three new funeral director licenses; three new funeral service licensees; and five newly registered trainees. There had been 358 inspections with reports filed as of December 8, 2005. Twenty-eight inspections had been completed since the November 9, 2005, meeting. Five establishments had been cited for FTC compliance issues such as general and merchandise price lists (incorrect dates, etc.). One establishment had a change of ownership—Peacock, Newnam & White, Southport, NC.

The Crematory Authority would like a draft written for a statutory change to the law specifying what temporary containers are for cremains. This was referred to Laws, Rules and Legislation.

The following 2006 renewal figures were presented: 431 individual licenses have renewed. Three were returned incomplete. Thirty-two establishments have renewed. Thirteen preneed establishments have renewed. Ten have been returned incomplete. Forty-one preneed sales licenses have been renewed. Ten crematories have renewed.

The continuing education database has been installed and should be operational January 1. This will be tied to individual licensees and the CE classes they have attended.

Mr. Harris met with the Fayetteville Technical Community College Advisory Committee and the American Board of funeral Service Education has determined what “term limits” for members means. One member shall be the N. C. Board of Funeral Service Executive Director or his appointee, one member shall be the North Carolina Funeral Directors Association Executive Director or his appointee and one member shall be the Funeral Directors & Morticians Association Executive Director or his appointee.

The matter of Traineeship supervisor certification will begin study in January or February 2006. Mr. Harris has received an extension until January 3, 2006, on a report for recovery of costs to collect Civil Penalties request by the Office of Budget & Management originally due on December 9, 2005. Review of interest on Recovery Fund Claims will be discussed at the January 2006 Meeting. The Condo association assessment will be raised in January 2006 due to repairs that are necessary to the parking lot. This raised assessment is included in the 2006 Budget. The Board office will be closed Friday, December 23 and Monday, December 26 for Christmas and January 2, 2006, for New Years’ Day.

Attorney’s Report: Mr. Dirksen reported that the status of cases pending was provided to the Board for their review.

New Business: Mr. Harris submitted the 2006 calendar for review. Meetings included on the calendar are Cremation Association of North America (August 15-18), Cremation Association of North Carolina (March 14 & 15), FD&MA of NC, Inc. (June 12-15), ICFSEB (April 7 & 8), NCFDA (May 21 – 23), National Funeral Directions & Morticians Association, Inc. (August 6 – 11), NFDA (October 15-18) and 2006 Exam dates were marked on the calendar. Mr. Tyson made the motion that the preferred Board Meeting dates are the second Wednesday of each month except August and that month the date is the third Wednesday. Mr. White seconded the motion and the motion carried.

At this time, 11:45 a.m., President Briggs convened the Public Hearing to receive comment on 21 NCAC 34C .0101 Election to Crematory Authority

No one was present for public comment. Mr. Harris has received no mailed or faxed comments.

Mr. White made a motion to close the hearing. Mr. Andrews seconded the motion.

Old Business: The Islamic Association of Raleigh had submitted a more detailed proposal of their request to have a room in their temple designated for funeral purposes. Discussion ensued. Mr. Andrews made a motion to table the issue and have a representative appear before the Board to respond the questions and concerns of the Board. Mr. Manson seconded. The motion carried.

Information items: The International Conference of Funeral Examining Boards will have their 102^nd Annual Convention in Louisville, Kentucky, April 7 and 8, 2006.

Mr. Briggs opened the floor for public comment. Mr. Blake made comments regarding the posting of “common sense” rules of decorum at future seminars. Specifically, the removal of hats during the presentation, standing around in the lobby during the seminar and expecting continuing education hours, reading a newspaper during the seminar and having the ringer on cell phones during the presentation. He stated it was disrespectful to the speaker and to the Board and he would suggest that prior to the next seminar an announcement be made or these rules posted.

The meeting recessed at 12:05 and reconvened at 1:00 for NCBFS vs. McLendon. Mr. Lea and Mr. Parrott were not present for the hearing.

At the conclusion of the hearing Mr. Blake informed Mr. Harris and Mr. Briggs by written note that he wished to vote on the office of Secretary. Mr. Harris and Mr. Briggs left the room, the board was not in recess, and upon their return Mr. Briggs announced that Mr. Blake had informed them of his willingness to vote. Discussion ensued. A motion was made by Mr. White to hold a second vote for the office of Secretary in January. Mr. Manson seconded the motion. Mr. Andrews, Briggs, Manson, Tyson and White voted yes and Mr. Blake voted no. The motion carried.

There being no further business before the Board, the meeting was adjourned at 3:04 p.m.

Jack D. Briggs, President

Jody C. Tyson, Secretary