REGULAR BOARD MEETING
MINUTES
November 6, 2002
The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on November 6, 2002 at 9:00 a.m. in the Board’s office located at 2321 Crabtree Boulevard, Raleigh, North Carolina.
Present: Paul Harris, President; Harvey Leavitt, Vice President; Alex Lee, Secretary; Darryl Hart, Jack Briggs, Windell Daniels and Stuart Cozort.
Also Present: Mark E. Henderson, Executive Director; Barry Bloch, General Counsel; and George Parrott, who was thought to be a newly appointed Board member.
Others Present: William Joyner, Dan Shackleford, Larry Stegall, and Jeff Shackleford.
President Paul Harris called the meeting to order at 9:18 a.m.
Mr. Cozort gave the invocation.
Mr. Harris read the Board of Ethics statement, Governor Easley’s Executive Order #1. No one recused themselves at this time.
Mr. Henderson then swore in George Parrott who was thought to be a new Board member.
Mr. Lee submitted the August minutes for approval. Mr. Cozort made the motion to accept the minutes as submitted and Mr. Daniels seconded. The motion carried.
Ms. Rorie arrived at 9:25 a.m.
Financials: Mr. Cozort presented the Financials for September 2002. Mr. Cozort made reference to the completion of the installation of the new computer system and stated he was available for any questions. Mr. Henderson informed the Board that Recovery Fund money, especially the Recovery Fund interest income, which is not truly income since it must remain in the Recovery Fund, is now a separate item on the financials. While this makes the budget deficit larger, it gives a more accurate report of the Board’s usable income and expenses. A motion was made by Mr. Lee and seconded by Mr. Hart to accept the report. Motion carried.
Disciplinary: Mr. Lee submitted the Disciplinary Committee Report. The Committee was recommending approval as submitted. Discussion ensued. Mr. Daniels made the motion to accept the report and approve its recommendations. Ms. Rorie seconded and the motion carried.
Clinic: Mr. Daniels stated the December 10 continuing education seminar plans were now finalized and gave the Board copies of the agenda.
Preneed: Mr. Briggs submitted the Preneed Report. Mr. Lee made the motion to accept the report and Mr. Daniels seconded. Motion carried.
Attorney’s Report: Mr. Bloch reported that the status of cases pending was provided to the Board for their review and he had two consent orders ready for signature.
Executive Director’s Report: Mr. Henderson explained the various provisions and effective dates of Senate Bill 1283. Discussion ensued.
At this point Mr. Harris stated, “With regard to this, I’d like to make a statement while we are on this subject. We are all aware of the circumstances, well some of the circumstances, of SB1283 and how this Bill came up with regard to Mr. Parrott’s appointment and I want to say publicly to Mr. Parrott and to anyone else who will read these minutes that it was never a personal issue with Mr. Parrott…that Mr. Henderson raised some concerns to this Board several months ago about some legal and technical aspects of what we were being asked to do. This Board, to my memory, unanimously agreed to have him pursue a course that called those legal and technical aspects in question. Mr. Henderson has taken a lot of heat and, in some areas and arenas, it’s been personalized to say that there was some personal vendetta that he had regarding Mr. Parrott. Mr. Henderson states, and I think Mr. Parrott will reinforce this or confirm this, that he had never met nor spoke with Mark Henderson prior to yesterday?” Mr. Parrott stated, “Yesterday morning.” Mr. Harris continued, “So I want it clear to whoever needs to know that this was never a personal issue between Mr. Henderson and Mr. Parrott or Mr. Henderson and anybody else in the State government. It was never personal from this Board’s perspective to Mr. Parrott and it was never personal to anybody in the State government. We were asked to serve and do what was right and legal and we felt like we were being asked to do something that, under the reading of the plain statute language, was not correct. And so that concludes my remarks and I hope this goes in the minutes verbatim.”
Mr. Henderson presented a resolution to add a loan provision to the Board’s 401(k) plan. Mr. Leavitt made the motion to add the loan provision and Mr. Daniels seconded. Motion carried. Mr. Henderson stated the Internship video had been updated with the current Executive Director and would be reordered. The CE Seminar has been confirmed for December 10, 2002 at the Brownstone Holiday Inn. The Board Christmas dinner on December 10, 2002 requires a definite count by next week. The next Board meeting is December 11, 2002.
New Business: At this time Mr. Harris opened the floor to nominations of officers for the year 2003. Ms. Rorie nominated Mr. Cozort as secretary. Mr. Parrott seconded. Mr. Hart moved the nominations be closed and Mr. Daniels seconded. Mr. Harris called for the vote, which was unanimous, and Mr. Cozort was named as Secretary.
Ms. Rorie nominated Mr. Lee for Vice President and Mr. Cozort seconded. Mr. Cozort moved the nominations be closed and the motion was seconded. Mr. Harris called for the vote, which was unanimous, and Mr. Lee was named Vice President.
Ms. Rorie nominated Mr. Leavitt for President and Mr. Cozort seconded. Mr. Cozort moved the nominations be closed and Mr. Hart seconded. Mr. Harris called for the vote, which was unanimous, and Mr. Leavitt was named President.
At this time Mr. Harris called for a 10 to 15 minute recess. Mr. Lee departed the meeting at this time. Mr. Harris called the meeting back to order at 10:40 a.m.
Mr. Henderson presented the finalized copy of the new preneed contract forms. Discussion ensued. Mr. Leavitt made the motion to accept the packet of preneed contract forms with the exception of the standard preneed insurance contract, which should be accepted as amended to include a place for licensees to show the amount the Purchaser paid to the funeral home. Mr. Cozort seconded. Discussion ensued. Mr. Harris called for the vote and the motion carried.
Mr. Henderson reviewed the latest statute revisions. Mr. Briggs made the motion to take out on Page 1 Section 2. G.S. 90-210.18(b3) and to address it in separate legislation. Mr. Leavitt seconded. Discussion ensued. Mr. Harris called for the vote. Mr. Hart, Mr. Parrott, Mr. Leavitt, Mr. Daniels and Mr. Briggs voted for the motion. Ms. Rorie and Mr. Cozort abstained in view of the larger picture to allow the legislation to go through.
Mr. Henderson informed the Board that he had just received word that the Governor vetoed SB1283. With regards to G.S. 90-210.22 of Page 1, Mr. Leavitt made the motion to leave it as it reads but to modify as the law allows and to change the line that reads “Five members shall constitute a quorum” to “A majority of the Board shall constitute a quorum.” Mr. Cozort seconded and the motion carried. Mr. Leavitt made the motion to strike out G.S. 90-210.25(a1) on Page 9 and renumber. Mr. Cozort seconded. The motion carried with Ms. Rorie, Mr. Cozort, Mr. Hart, Mr. Leavitt, Mr. Daniels and Mr. Briggs voting yes. Mr. Parrott abstained from the vote. Mr. Cozort made the motion to add language to G.S. 90-210.44 that would clarify how long a person has to exercise his or her right to dispose of remains before the right is deemed voided. Mr. Hart seconded and the motion carried. Mr. Daniels, Mr. Briggs, Mr. Leavitt, Mr. Hart, Mr. Cozort and Ms. Rorie voted yes and Mr. Parrott abstained from the vote.
At this time Mr. Harris called for a recess. Mr. Harris called the meeting back to order at 11:40 a.m. Mr. Henderson announced that it appeared Governor Easley had vetoed SB1283 on Sunday but the veto did not become public until this morning. Mr. Parrott was asked to remain present but to abstain from any future voting. The Board noted that Mr. Parrott had not cast any deciding vote and that all items previously passed by the Board would have been passed without Mr. Parrott’s participation. The Board noted that the changes it had made to its proposed statute in response to SB1283 should not be made if the veto is sustained.
Mr. Henderson presented the completed Preneed Manual. Discussion ensued. Mr. Leavitt made the motion to accept the manual as presented. Mr. Daniels seconded. After more discussion, Mr. Harris called for the vote. Ms. Rorie, Mr. Cozort, Mr. Hart, Mr. Leavitt, Mr. Briggs and Mr. Daniels voted yes and Mr. Parrott abstained from the vote. The motion carried. Mr. Henderson will have the manual sent to the printers and mail out the manuals before year-end.
Mr. Henderson requested a change in the staff payroll periods from bi-weekly to semi-monthly with payroll being on the first and fifteenth of the month. Discussion ensued. Mr. Cozort made the motion to change the staff payroll periods effective January 1, 2003, and Mr. Leavitt seconded. Ms. Rorie, Mr. Cozort, Mr. Hart, Mr. Leavitt, Mr. Briggs and Mr. Daniels voted yes. Mr. Parrott abstained and the motion carried.
Mr. Henderson stated the office lease was expiring December 31, 2002. A letter had been mailed to the State Property Office regarding the renewal and the landlord was awaiting approval of that office and the Board before making the required changes in the office space. Mr. Cozort made the motion to negotiate the new lease as set forth in the letter and Mr. Daniels seconded. Ms. Rorie, Mr. Cozort, Mr. Hart, Mr. Leavitt, Mr. Briggs and Mr. Daniels voted yes. Mr. Parrott abstained and the motion carried.
Mr. Henderson discussed the necessity of attending the CLEAR conference on an annual basis. Discussion ensued. Mr. Leavitt made the motion to drop the CLEAR conference at this time. Mr. Cozort seconded. Mr. Daniels, Mr. Briggs, Mr. Leavitt, Mr. Hart, Mr. Cozort and Ms. Rorie voted yes and Mr. Parrott abstained from the vote. The motion carried.
Mr. Harris announced that his term with the Anatomical Board would expire at year-end and he would be appointing someone to the three-year appointment prior to December 31, 2002. Mr. Harris asked anyone interested in the position to let him know.
Information Items: Mr. Henderson stated the informational items were under Tab 10 for the Board’s review. Mr. Henderson gave the members the Committee Descriptions and asked them to let Mr. Leavitt know before the December 11 meeting on which committees they were interested in serving.
There being no further business, the meeting recessed at 12:05 p.m.
The North Carolina Board of Mortuary Science reconvened for a duly scheduled Board Hearing on November 6, 2002 at 1:00 p.m. in the Board’s office located at 2321 Crabtree Boulevard, Raleigh, North Carolina.
Present: Paul Harris, President; Harvey Leavitt, Vice President; Darryl Hart, Jack Briggs, and Nancy Rorie. Windell Daniels, Stuart Cozort, Alex Lee and Bill Groce were not present.
Also Present: Barry Bloch, General Counsel.
President Paul Harris called the hearing to order at 1:00 p.m. and announced the Board would momentarily go into closed session for deliberations on matter of N. C. Board of Mortuary Science v. McMillan Funeral Home, Inc., Harris-Turner Funeral Home, John D. McMillan, Jr., Patricia M. McMillan, and McMillan MBA, Inc., Respondents. President Harris remarked that the Board had received proposed Findings of Fact, Conclusions of Law and Sanctions from its General Counsel and a letter from Respondent’s Counsel of Record informing the Board that no Findings of Fact, Conclusions of Law and Sanctions would be filed on Respondents behalf. President Harris further observed that the Board has a full-size transcript of the Hearing and each Board member has a copy of the transcript in their meeting book.
The Board then went into closed session 1:15 p.m. The Board reconvened at 2:25 p.m. and President Harris announced the Board’s acceptance of its General Counsel’s proposed Findings of Act and Conclusions of Law.
Mr. Harris then announced the following Sanctions to be imposed on the Respondents and directed the Board’s General Counsel to draft an appropriate Order.
SANCTIONS
The Board orders as follows:
The meeting was adjourned at 2:45 p.m.
W. Paul Harris, President
Harvey Leavitt, Acting Secretary