REGULAR BOARD MEETING

MINUTES

December 11, 2002

  The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on December 11, 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, Bill Groce, Nancy Rorie and George Parrott.

 Also Present:  Mark E. Henderson, Executive Director; Barry Bloch, General Counsel

 Others Present:  Jamie Boles, Melissa Boles, Rudy Lea, and Patricia Hayes

 President Paul Harris called the meeting to order at 9:15 a.m.

 Mr. Groce 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. Leavitt submitted the November minutes for approval.  Ms. Rorie made the motion to accept the minutes as submitted and Mr. Hart seconded.  The motion carried.

 Financials:  Mr. Groce presented the Financials for October 2002.  A motion was made by Mr. Briggs and seconded by Mr. Leavitt to accept the report.  Motion carried.

 Disciplinary:  Mr. Lee presented the Disciplinary Committee report.  Mr. Groce made the motion to approve the recommendations of the Disciplinary Committee and Mr. Leavitt seconded.  Motion carried.

 Clinic:  In Mr. Daniels’ absence Mr. Henderson reported the December 10 continuing education seminar had gone well and attendance was high.

 Preneed:  Mr. Briggs submitted the Preneed Report.  Mr. Henderson made comments regarding preneed revenues for the year.  Questions ensued.  Mr. Groce made the motion to accept the report and Mr. Parrott seconded.  Motion carried.

 Attorney’s Report:  Mr. Bloch reported that the status of cases pending was provided to the Board for their review with exception of one case that had been withdrawn.

 Executive Director’s Report:  Mr. Henderson reported on the introduction of the Cremation Statute into legislation.

 The new Board internship video is now being mailed with the apprenticeship papers.

 The Preneed Manual will be mailed to the licensed funeral establishments before year-end and a copy was given to the Board Members.

 The Preneed contract forms are complete and will be mailed with the manuals.

 Mr. Henderson requested the Board members to make comments regarding the GAO survey that was included in the Board Packet to him by Monday, December 16, 2002.

 New Business:  Mr. Henderson made the recommendation that the Board ratify all actions taken by the Board during 2002, regardless of whether Mr. Cozort had participated in a motion or a vote.  Ms. Rorie made the motion to ratify all actions taken by the Board during 2002 regardless of whether Mr. Cozort participated in a motion or vote.  Mr. Hart seconded and the motion carried.

 Mr. Henderson presented and explained the 2003 budget.  Discussion ensued.  Mr. Groce made the motion to go into closed session to consider the conditions of the Board’s employees.  Ms. Rorie seconded and the motion carried.

 Upon proper motion the Board returned to open session.

 The Board discussed several aspects of the budget.  After discussion, Mr. Groce made the motion to accept the proposed budget as submitted.  Mr. Lee seconded and the motion carried. 

 Mr. Henderson discussed the 2003 safe harbor election for the Board’s 401(k) Plan.  Mr. Groce made the motion to approve the safe harbor election for the year 2003 and Mr. Leavitt seconded.  Motion carried.

 The floor was then opened for nominations of secretary for 2003.  Ms. Rorie nominated Jack Briggs and Mr. Parrott seconded the motion.  Mr. Lee made the motion that the nominations be closed.  Mr. Harris called for the vote and the motion carried. Mr. Briggs abstained from the vote.

 Mr. Harris deferred the meeting to Mr. Leavitt who announced the Committee Assignments for 2003.

 Mr. Henderson then swore in 2003 Board Members, James L. Boles, Jr., and Rudy N. Lea.

 Mr. Harris appointed Mr. Lea to the Anatomy Commission for a 3-year term beginning in 2003.

 Mr. Harris thanked departing Board members Mr. Hart and Mr. Groce for their work on the Board and presented each with a token of appreciation.  Mr. Leavitt thanked Mr. Harris for his work in 2002 as President of the Board and presented him with a token of appreciation.

 Informational Items:  Mr. Henderson stated there were several items under Tab 9 of the Board Book and answered questions regarding the hearing to be held at 1:00 p.m.

 There being no further business, the meeting recessed at 11:20 a.m.

 The North Carolina Board of Mortuary Science reconvened for a duly scheduled Board Hearing on December 11, 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, Alex Lee, George Parrott and Bill Groce.  Windell Daniels and Nancy Rorie were not present.

 Also Present:  Jack Nichols, Barry Bloch, General Counsel; John P. O’Hale, Esq., Counsel of Record for Respondents Hugh Sanders, and Demetrice Brewington.

 The Board conducted a rehearing in the matter of NCBMS vs. R. L. Sanders Funeral Home, Hugh Sanders and Demetrice Brewington.

 After hearing argument by counsel for both sides, the Board went into closed session at 1:47 p.m. to deliberate.

 At 2:45 p.m. the Board went into open session and announced its findings, conclusions of law and sentence.

 The meeting was adjourned at 3:05 p.m.

 W. Paul Harris, President

 Alex Lee, Secretary