REGULAR BOARD MEETING

MINUTES

March 14, 2001

The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on March 14, 2001, at 9:00 a.m. in the Board’s office located at 2321 Crabtree Boulevard, Raleigh, North Carolina.

Present:  Nancy Rorie, President; Paul Harris, Vice President, Harvey Leavitt, Secretary; Elliott Futrell; Stuart Cozort; Darryl Hart; Julia Jordan; and P. Alex Lee.

Also Present:  Andrew L. Ritter, Executive Director; and Michael Weisel, Board attorney.

Others Present:  Dan Shackleford and Patricia Hayes.

President Rorie called the meeting to order.  Julia Jordan gave the invocation.

Mr. Leavitt then asked the Members to read the minutes from the February 14, 2001, meeting.  Mr. Cozort made the motion to approve the minutes as submitted and Ms. Jordan seconded.  Motion carried.

President Rorie then asked for committee reports.

Finance:  Mr. Cozort reviewed the financials and stated he was available after the meeting for any questions.  Mr. Cozort then made a motion to use funds from the Litigation Fund to pay for fees in excess of $16,000 for the Beasley Funeral Home administrative hearing.  Mr. Futrell seconded and the motion carried.

Mr. Weisel stated that money used from this fund would be recouped in the consent order if both parties agreed.

Ms. Rorie then read the conflict of interest statement as requested by the Board of Ethics.  No one recused themselves at this time.

Preneed:  The Preneed Committee had met prior to the Board Meeting and had the following items.  A request from a consumer with an irrevocable insurance preneed contract had contacted the Board regarding revoking the contract.  The funeral home involved had to transfer their contracts to another funeral home since they were not being allowed to renew their preneed license.  The consumer was from out of state and had no intention or returning to North Carolina.  The Committee was recommending that the consumer submit a “hardship” letter and the Board will then prepare a Court Order to revoke the contract and refund the money to the consumer.  Mr. Harris made the motion to have the Board draft the order to revoke the contract for the consumer, Mr. Futrell seconded and the motion carried.

The second item was from Wilkerson Funeral Home in Reidsville.  Several years ago upon the death of the funeral home owner contracts that had not been found that had not been filed but appeared to be preneed.  Money from the estate was used to fund the contracts and they were filed with the Board.  Recently, while preparing the annual report, an insurance funded contract was found for one of these contracts.  Since there is now an insurance contract or policy dated in 1986 and a trust funded contract with money from the estate in 1997, the funeral home was asking that the trust funded contract be revoked and the funds paid to the estate of the deceased funeral home owner.  The Committee was recommending this request be denied but was suggesting the funeral home’s counsel prepare the Court Order and have the contract revoked.  Mr. Harris made the motion.  Mr. Futrell seconded.

Mr. Weisel then stated there was a distinction between these two requests.  The first one was being allowed revocation because of Board action and the second request was not Board action.

Ms. Rorie called for the vote and the motion carried.

Clinic:  Mr. Harris reported on the March 13, 2001, clinic in Chapel Hill.  It was attended by 111, with 108 paying.  Most of the comments were positive wit the exception of the parking facilities.  Mr. Ritter added that four Board members were present and Board staff and Associations staff helped.

Disciplinary:  Since Mr. McGhee was unable to attend the meeting, Mr. Cozort gave members the Disciplinary Report for review.  Mr. Cozort made the motion to accept the report.  Ms. Jordan seconded and the motion carried.

Crematory Authority:  Mr. Ritter reported that he had attended the NC Cremation Association meeting on March 7, 2001, along with Louis Bennett and Larry Parker.  This round table discussion was regarding the law revisions and was for Association input.  Mr. Lapin had sent the draft later than expected and since it needed more review, the Authority was not presenting it at this meeting.  They would try to have it for the May meeting.  Mr. Ritter then answered questions regarding the Association’s meeting.

Laws and Rules:  Mr. Leavitt reported that Representative Phil Baddour had introduced the legislative packet. It is now House Bill 440 and considered a non-controversial bill.  Representative Jennifer Weiss is the co-sponsor.  It has been referred to the Judiciary II Committee that is chaired by Representative Baddour.  General discussion ensued regarding the legislative process which was responded to by Mr. Weisel.   Mr. Weisel also informed the Board that the Transportation Bill had already been introduced and is a part of HB 440.

Personnel:  Mr. Futrell made the motion to go into closed session to discuss personnel matters.  Mr. Cozort seconded and the motion carried.

Upon proper motion, the meeting reconvened in open session.  Mr. Futrell reported that he and Mr. Cozort had met; Ms. Rorie was unable to attend.  They had discussed with Mr. Ritter employee evaluation forms, office attitudes, cross training of employees and complaints on the documentation and filing of complaints.  Mr. Ritter had responded to all questions at that time.

Executive Director’s Report:  Mr. Ritter reported that he and Mr. Harris had been invited to respond to questions on WPTF Radio on March 1, 2001.  They will be invited back along with Mr. Hart for a future show.  Mr. Harris has now had published the Governor’s Crime Commission Child Maltreatment Fatality Manual.  An article written about the book was included in the Board packet.  The ICFSEB has now founded a new sub section for Executive Directors only and Mr. Ritter would be attending that meeting while attending the 2001 Conference.  Mr. Ritter stated he needed to know today if any other Board Member would be attending the Convention.  The Newsletter and new statute books were scheduled to go out Thursday, March 15, 2001.

Attorney’s Report:  Mr. Weisel gave out copies of the Consent Order for the Board hearing on February 14, 2001, for Otha Hart, Hart Funeral Home, Rocky Mount.  Ms. Rorie and Mr. Cozort recused themselves from voting since they were on the Disciplinary Committee at the time it was presented.  Mr. Leavitt made the motion to accept the consent order.  Ms. Jordan seconded and the motion carried.

Unfinished Business: None.

New Business:  Mr. Cozort reported Ms. Rorie had appointed an Ad hoc committee, which was comprised of Mr. McGhee and Mr. Cozort to present a policy for Board Member travel.  After review of the policy, Mr. Harris made the motion to accept and Mr. Hart seconded.  Motion carried and policy was adopted and will be attached to the minutes.  Ms. Rorie then asked Mr. Ritter to research any prior minutes for policy that had been approved and to develop some type of manual.  Mr. Ritter will have this as soon as possible.

CE Committee:  Mr. Hart reported this committee had met March 5, 2001, and the following had been reviewed.  Only funeral service licensees duly licensed and engaged in the practice of funeral service or funeral directors engaged in the practice of funeral directing could attend continuing education programs.  The CE application forms had been completed and would be used for future programs.

There being no further business, Mr. Hart made the motion to adjourn, seconded by Mr. Futrell.  Motion carried.

                                                                                                                Nancy G. Rorie, President

                                                                                                                Harvey Leavitt, Secretary