REGULAR BOARD MEETING

MINUTES

January 8, 2003

The North Carolina Board of Mortuary Science met for a duly scheduled Board Meeting on January 8, 2003 at 9:00 a.m. in the Board’s office located at 2321 Crabtree Boulevard, Raleigh, North Carolina.

Present:  Alex Lee, Vice President; Paul Harris, Windell Daniels, George Parrott, Rudy Lea, and Jamie Boles

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

Others Present:  Patricia Hayes and William Joyner

Vice President Alex Lee called the meeting to order at 9:05 a.m.

Mr. Lee gave the invocation.

Mr. Lee read the Board of Ethics statement, Governor Easley’s Executive Order #1.  No one recused themselves at this time.

Mr. Lee submitted the December minutes for approval.  Mr. Harris corrected the wording on Page 2 paragraph twelve to read Mr. Harris appointed Mr. Lea to the Anatomy Commission for a 3-year term beginning in 2003.  The December minutes were approved as amended.

Financials:  Mr. Boles presented the Financials for November 2002.  A motion was made by Mr. Harris and seconded by Mr. Lea to accept the report.  Motion carried.

Disciplinary:  Mr. Lee stated the Disciplinary Committee had met on January 7, 2003, and presented the Disciplinary Committee report.  Mr. Daniels made the motion to approve the recommendations of the Disciplinary Committee 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.  Discussion ensued.  Mr. Harris made the motion to accept the report.  Mr. Daniels seconded and the motion carried.

Executive Director’s Report:  Mr. Henderson commented on some of his goals for 2003.  These goals include: providing quality service to consumers and licensees; continuing to improve handling of disciplinary cases; drafting an Accounting Manual; improving the Board’s website; and monitoring the draft legislation, if it is introduced.

Mr. Henderson provided a copy of the Board’s response to a questionnaire sent by the Office of State Budget and Management.

Mr. Henderson also stated that the Board’s Records Retention and Disposition Schedule should be reviewed and updated.

The Amicus Brief has been filed in the case of North Carolina School Boards Association v. State of North Carolina by Allen & Pinnix regarding late fees being considered penalties and being paid to the county.

The North Carolina Funeral Directors Association Educational Conference and Exposition will be at the Sheraton Imperial Hotel in Research Triangle Park from February 16 through February 18, 2003.

New Business:  Mr. Henderson stated questions had been presented to him by a funeral home regarding the new preneed forms.  The Board decided that no changes would be made in the forms.  The Board’s proposed legislation was discussed.  The Spring CE Program will be May 13, 2003, in Asheville.  Mr. Daniels will research hotel accommodations.

At this time Mr. Boles made the motion to go into closed session to consider the qualifications, competence, performance, character, fitness or conditions of initial employment of an employee or prospective employee.  Mr. Harris seconded and the motion carried.

Upon proper motion, the meeting returned to open session.

Informational Items:  Mr. Henderson stated there were several items under Tab 8 of the Board Book.

There being no further business, the meeting recessed at 11:45 a.m.

The North Carolina Board of Mortuary Science reconvened for a duly scheduled Board Hearing on January 8, 2003, at 12:36 p.m. in the Board’s office located at 2321 Crabtree Boulevard, Raleigh, North Carolina.

Present:  Paul Harris, George Parrott, Windell Daniels, Rudy Lea, and Jamie Boles.  Nancy Rorie, Alex Lee, Harvey Leavitt and Jack Briggs were not present.

Also Present:  Jack Nichols, Barry Bloch, General Counsel;  Henry Rowan, Field Representative; David S. Hammond, Mrs. David S. Hammond, Esther Hammond, and Linda I Williams.

Presiding officer, Paul Harris, read the Board of Ethics statement, Governor Easley’s Executive Order #1.  No one recused themselves at this time.

The Board conducted a hearing in the matter of NCBMS vs. Flanagan Funeral Home, Inc.

Following the hearing, the Board advised both parties that each had thirty days to submit any additional evidence and any proposed findings of fact, conclusions of law and proposed penalties, if any.

The meeting was adjourned at 4:21 p.m.

                                                                                    Alex Lee, Acting President