REGULAR BOARD MEETING
MINUTES
September 5, 2001
The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on September 5, 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 Alex Lee
Also Present: Mark E. Henderson, Executive Director
Others Present: Larry Stegall, Jimmy Swaringen, Rudy Lea and Louis Bennett
President Nancy Rorie called the meeting to order and read the Board of Ethics statement, Governor Easley’s Executive Order #1. No one expressed any conflict of interest at this time.
Julia Jordan gave the invocation.
Ms. Rorie called for the nomination of candidates to fill the Board seat recently vacated by Mr. Michael McGhee. Mr. Cozort nominated Jimmy Swaringen and Alex Lee nominated Rudy Lea. Mr. Hart made the motion to close the nominations. Ms. Rorie asked that the ballots be given to Mr. Leavitt to count. Mr. Lee and Mr. Cozort monitored the count and Ms. Rorie announced a tie. Discussion ensued. Ms. Rorie asked Mr. Lea and Mr. Swaringen to speak as to why they would like to fill the unexpired Board term. Mr. Lea spoke first, and then Mr. Swaringen spoke. Mr. Cozort made the motion to cast a second ballot and Mr. Harris seconded. The ballots were given to Mr. Leavitt to count, with Mr. Lee and Mr. Cozort monitoring. Ms. Rorie announced another tie vote. Mr. Lea and Mr. Swaringen then voluntarily left the room in order for the Board to have a more open discussion. After Board member discussion, Mr. Leavitt made the motion to have a third ballot and Mr. Harris seconded the motion. Mr. Lee and Mr. Cozort monitored the counting. Ms. Rorie announced a third tie. Mr. Harris made the motion to table the vote until 11:30. Motion failed. Mr. Lee made the motion to table the vote until the next meeting and Mr. Futrell seconded. Mr. Harris, Mr. Leavitt, Mr. Hart, Mr. Cozort and Ms. Jordan voted not to table and Mr. Lee and Mr. Cozort voted to table the motion. Motion carried. Ms. Rorie then stated ballots would be cast again at 11:30.
Ms. Rorie called for Committee Reports.
Finance: Mr. Cozort stated there were no financials for September yet. Mr. Cozort discussed the Crematory Report and Harvey Lapin’s expenses. There were approximately $16,440 in expenses for Mr. Lapin’s work on the Crematory law changes and $3,500 for Allen & Pinnix portion. The remainder of the $34,000 reflected as Crematory expense were disciplinary cases involving crematories. Discussion ensued with Crematory Authority Chairman Louis Bennett making comments and explanations about the Crematory Authority.
Preneed: Mr. Harris stated the Preneed Committee had met prior to the Board meeting. McDougald Funeral Home had submitted a preneed form that the Committee was recommending approval with minor changes in the wording. Discussion ensued. Ms. Rorie stated no second was necessary for this recommendation and the Board approved the recommendation. Mr. Harris had met with Mr. Henderson regarding the Preneed Manual and Mr. Henderson will be submitting a draft within the next several months.
Executive Director’s Report: Mr. Henderson updated the Board on his participation in the continuing education courses and the issues that had been brought to his attention. Mr. Henderson asked the Board to approve his recommendation to amend 21 NCAC 34A .0101 by changing the board address from 801 Hillsborough Street to 2321 Crabtree Boulevard and the hours of business from 9:00 a.m. until 5:00 p.m. to 8:30 a.m. until 4:30 p.m., which would more accurately reflect the hours during which the Board is fully staffed. Mr. Leavitt made the motion to approve this amendment of 21 NCAC 34A .0101. Ms. Jordan seconded. Discussion ensued. Mr. Futrell, Mr. Leavitt, Mr. Hart and Ms. Jordan voted for the motion and Mr. Harris, Mr. Lee and Mr. Cozort voted against the motion. Motion carried.
Mr. Henderson asked the Board to approve a new complaint form, which states the Board does not accept anonymous complaints. Discussion ensued. Mr. Futrell made the motion to accept the new form and Mr. Hart seconded. Mr. Futrell, Mr. Harris, Mr. Leavitt, Mr. Hart and Ms. Jordan voted to approve the new form and Mr. Cozort and Mr. Lee voted not to approve and the motion carried.
Mr. Henderson then presented the Board with his findings of the current status of the Board and actions being taken to correct deficiencies. This discussion included complaints and the complaint process, work status of the previous outside counsel, funeral inspections and audits, office filing system, computer system, and communication with the Board through the web and newsletter. Mr. Henderson then answered questions from the Board members. Mr. Henderson received several suggestions from the Board concerning improvements to the CE programs.
New Business: Mr. Henderson asked the Board members to read and have comments ready for the October meeting on the Cremation Statute, which was included in their Board book.
Mr. Henderson suggested the October 10th Board meeting be changed to October 3rd to coincide with the counting of the election ballots and in case of a runoff the November 14th Board meeting be changed to November 7th. Mr. Futrell made the motion to change the October 10 meeting to October 3rd and Mr. Hart seconded. Motion carried. Mr. Hart made the motion to change the November 14th meeting to November 7th and Mr. Cozort seconded. Motion carried.
Mr. Henderson informed the Board that Michael Landon with Fayetteville Technical Community College had asked the Board to recommend a change in the requirements for the funeral program by either adding English 111 or adding English 111 and dropping English 115. Discussion ensued. Mr. Lee made the motion to recommend to Fayetteville Technical Community College that they replace English 115 with English 111. Mr. Leavitt seconded and the motion carried.
Unfinished Business: None
Attorney’s Report: Mr. Harris made the motion to go into closed session to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board. Mr. Cozort seconded and the motion carried.
Upon proper motion the Board returned to open session.
Ms. Rorie then turned the meeting over to Mr. Harris and recused herself from the meeting since she had been on the Disciplinary Committee with the R. L. Sanders and Demetrius Brewington case. Ms. Jordan and Mr. Cozort then recused themselves from the meeting. Mr. Hart made the motion to go into closed session to take disciplinary actions against a licensee. Mr. Lee seconded and the motion carried.
Upon proper motion, the Board returned to open session.
Mr. Leavitt then made the motion that the Board adopt the findings and conclusions of law contained in the Petitioners Exceptions to Administrative Law Judge’s Proposal for Decision, Proposed Findings of Fact and Conclusions of Law for Consideration by the Board of Mortuary Science. Mr. Lee seconded and the motion carried. Ms. Rorie, Ms. Jordan and Mr. Cozort did not vote.
Ms. Rorie then returned to the vacant Board member position vote. Mr. Leavitt discussed options for the tie vote. Mr. Lee made the motion to table the election of the new member until the October Board meeting. Mr. Harris seconded. Mr. Lee, Mr. Harris, Mr. Leavitt, Ms. Jordan and Mr. Cozort voted to table the vote and Mr. Futrell and Mr. Hart voted not to table the vote. The motion carried.
Ms. Rorie then presented a plaque to former Board Executive Director Andrew Ritter for his good work and service for the prior three years.
Mr. Futrell made the motion to have the portraits of the former Executive Directors Corrine Culbreth and Andrew Ritter made for the Board to be displayed in the Board room. Mr. Hart seconded and the motion carried.
Mr. Harris made the motion to adjourn the Board meeting and Ms. Jordan seconded. The meeting was then adjourned.
Nancy G. Rorie, President
Harvey Leavitt, Secretary