As you may know, there have been a number of funeral home inspections by officials of the Wage and Hour Division of the United States Department of Labor to determine compliance with the Fair Labor Standards Act; specifically, its overtime provisions. These inspections have uncovered a failure to maintain required records, unpaid overtime, and compensable time given in lieu of overtime to employees who are not exempt under the Act. These investigations can occur as a result of routine audits or on the basis of a consumer complaint.
Penalties for Violations of the Act:
If there is a willful violation of the Act, it can result in criminal prosecution by the Wage and Hour Division. In addition, employees of the funeral home can institute a civil action in federal or state court for unpaid wages or overtime. In such an action, the Court has the power to award unpaid wages and overtime for back pay two years from the date the complaint was filed. In the case of a willful violation, the back pay period can extend back three years. Further, the Court also has the power to award employees, suing in their own behalf, attorneys fees and any additional amount of liquidated damages equal to the back pay amount, thus doubling the amount an employer must pay in damages.
Who is covered:
Employers whose gross annual sales exceed $500,000 or who deal in interstate commerce, which is broadly interpreted, are covered by the Act. For example, a funeral home whose gross annual sales are $450,000 but who ships and receives bodies across state lines or enters a preneed contract with someone from another state is covered by the Act. The only exception is if the establishment has as its only regular employees, the owner or the parent, spouse, child or other immediate family member of the owner.
Exceptions:
The only exception to the minimum wage and overtime provisions of the Act are for executive employees, whose primary duties are management and administrators, who regularly exercise discretion and independent judgement directly related to the management policies or general business operations. The remaining exception for professional employees is not available for licensed funeral directors or embalmers based on the current interpretation by the Wage and Hour Division of the Department of Labor.
Recordkeeping Requirements:
Employers are required to maintain records that include personal information, such as the name, address and social security number of each employee, the hours and day when the work week begins, the total hours worked each day in each week, the total daily and weekly straight time earnings, the regular hourly rate for any work week when overtime is worked, the total overtime pay for each week, any deductions from or additions to wages, total wages paid each pay period, the date of payment and the pay period covered. If these records are not maintained, in addition to being a violation of the wage and hour laws, the employer has no way to prove that he/she may actually have been in compliance or, at the very least, limit liability. Records must be maintained for three years, except when required to be maintained for six years to be in compliance with the Internal Revenue Code.
Overtime Pay:
Employees who are not exempt, must be paid overtime, which means they must be paid not less than time and a half their regular rate for all hours worked over forty hours in a work week. Compensable time in lieu of overtime pay is a violation of the law for anyone other than an exempt employee. There is no exception to this requirement and federal law preempts state law in this area.
State Laws:
Funeral home employers also should be aware that many states have enacted their own wage and hour laws that provide additional benefits, recordkeeping, coverage and other requirements not included in the federal law. For this reason, it is essential that the funeral home also check applicable state law as well.
Conclusion:
As a final point, it cannot be emphasized enough that a failure to maintain proper records will result not only in a violation of the federal wage and hour law; but also, in an ability to defend or prove what was actually paid or not and why.
Need a labor relations and employment law attorney? Check out ICFA's benefit program offering free telephone legal consultations at
http://www.icfa.org/pepperman.htm
During one of our Sunday Night Chats a few of the California FD's are telling me how they never see their Batesville Sales Reps anymore and many of our FD buddies across the Country tell us that the Batesville Reps are hardly if ever calling on them. Over the next few weeks as I see Batesville Reps online they admit, they don't knock on doors like they used to because they are on salary and unless it is near bonus time, thats when we may have to go after some sales but usually they can make bonus by making a few phone calls asking FD's help them out by taking 2 or 3 caskets, these Casket reps feel there is no need to call on people who will never call on them, and feel as if that is not their job, one rep spills his beans in so many words telling me how much ground a rep has to cover there are less than 200 reps for the company less than four per state we only have time to go where the grass is green that's why you don't see any ads anymore we know who are customers are, why should we support magazines who write slanted articles against our company anyway.
Now I get a ton of magazines from all over the country, I grab a stack thinking this rep was full of boloney, besides the fact that my current Batesville rep "John Heald" (I bust his bawls every trip and he gets sales out of me) calls on my as much as the other casket reps do, on the other hand my old rep graced us with a visit once a year if at all.
Paging through my pile of Funeral Service magazines and newspapers, and I don't see an ad from Batesville in any of them Alliance, The Director, Mortuary Management, Cemetery and Funeral, American Funeral Director, Tarheel Director and YB News, not one Batesville ad. I called NFDA and asked how much does a full page four color ad cost in "The Director" magazine, two thousand dollars was NFDA's answer, lets do some math: a hypothetically stingy budget for advertising of 120,000 would give 10,000 per month that would pay or no less than 5 full page ad's in these professional publications.
Got to wonder what's going on there in Indiana, when no one is merchandising product in print or in person. Or maybe our door bells are broken. Seems like Batesville is giving us a shorter and shorter end of the stick.
FYI other casket companies might not give the biggist party at convention but their ads are still in the magazines supporting professional communications and their Reps keep knocking at the door weather we buy from them or not, brining us ideas on how to serve our famlies better.
Batesville started to get me thinking about how much the bottom line really means to them, many many moons ago Batesville threw a dandy party at NFDA convention and what bothered Batesville the most was seeing some non-customers enjoying a free feed, in sharp contrast the very next night The Loewen Party, years ago Loewen threw the Biggest Party at Convention good old Ray Loewen glad handing everyone at the door as they came into his companies party, all Loewen got out of the party was funeral service professionals thinking Loewen ain't such a bad guy and his employees are pretty nice people to party with, later our pals at Batesville didn't throw a party, Wilbert Burial Vaults still throws the only better than ever party everyone gets a ticket somehow even Doric Vault people are at the Wilbert Party, if it were not for Wilbert's party I'll bet there would be hardly anyone having play time at convention.
WILBERT is a better friend to funeral service than any company out there.
When I'm out to dinner and I see a family we have served in the same restaurant it is not uncommon for me to pick up their tab, just the right thing to do in my book, purchasing probably a thousand caskets from Batesville over the years and not even an ice cream cone at convention, convention is a time for shmoozing I think.
It is FSPA's mission to alwasy have both sides of an issue, so I got in touch with our friends at Batesville and sent them all of the above text and told them they were welcome to respond.
BATESVILLE's RESPONSE
In a message dated 1/10/02 5:16:01 PM, Joe.Weigel@batesville.com writes:
Dear John:
There's certainly a lot to cover by way of response your comments. Most of the issues you raise (our advertising strategy, our involvement at the NFDA convention, and others) are really not subjects we have much to comment on, except that we're always looking for the best ways we can think of to build good relationships with customers. We think we're doing a good job because we believe Batesville customers get the best products, service and information in funeral service. Those relationships are built on the advertising we do and our presence at NFDA and a hundred other things Batesville does every year to listen better to what our customers are saying.
There's one set of comments, however, that we can't let pass because they really touch on the integrity of some of the most important people in our company: our sales reps in the field.
Obviously any time customers are less than happy with our company, we want to know about it, so we appreciate knowing that some funeral directors you spoke with are concerned. But, by way of perspective, as you know, Batesville Casket maintains the best trained and most effective sales organization in funeral service, bar none. What we hear (and, as you would expect, we do quite a bit of research on this) from customers and non-customers alike is that Batesville reps provide the best products, the most consultative and helpful sales process, the best access to new ideas and information and the best service network of any company in our industry.
Can we do better? You bet we can . . . and we are. As leaders in funeral service, we have a philosophy of continuous improvement that has us always looking for ways to do things better. And you'll be seeing specific new initiatives and programs from Batesville in 2002 that are designed to make our sales force even more effective.
As you know, there are lots of reasons why customers sometimes don't go with a Batesville product, but we almost never hear it's because of the responsiveness or quality of our reps (and service center personnel for that matter!). We wouldn't trade our field sales and service organization for the sales and service organization of anyone else in this profession. . . or outside it, for that matter.
As always, I appreciate the opportunity to respond to the issues you raise.
Best regards,
Joe Weigel
Batesville Casket Company
MORE
In a message dated 1/11/02 9:51:49 PM, Jon in Florida writes: Dear Sir. The somewhat friendly but pompous response from Batesville to your valid questions confirms that those in Batesville are entirely out of touch with the territory they purport to "serve." They praise their sales people who have no motivation to sell caskets, and spend their time playing the game that appeals to the higher levels of management who don't, obviously, understand. Their insensitivity opens the door for anyone who returns to the basic idea of caring service. One step forward - two steps backward. If Batesville doesn't wake up, they're on their way to history. End.
MORE
In a message dated 1/12/02 1:47:35 PM, Jeff in Pennsylvania writes:
It seems to me that Batesville lined themselves up with the big corporations long ago and the independent funeral homes are now "suffering" the effects of that decision. Why do they need reps when they can reap a good deal of their yearly profit by no work repeat sales from corporations? Throw a party at the conventions? Why bother. The phone keeps ringing whether they throw a party or not. For now. I agree, they are digging their own grave by neglecting us independents and perhaps it is time we all evaluated our loyalty to them in light of their negligence of us.
MORE
In a message dated 1/12/02 4:31:43 PM, Paul in Georgia writes:
John, being number one makes people pompous, a while back someone wrote in your newsletter, if your not the largest firm in town, you have to work better and harder to keep getting families to choose you. We hope families will give our firm a chance. We got to thinking today, there are other firms in town bigger than we are, and we continuously get new families to give us a try. To ourselves we must be true, effective today we are through with Batesville. LOL wonder how long it will take our rep to realize we stopped buying.
MORE
In a message dated 1/15/02 4:50:07 PM, Ed in Massachusetts writes:
Dear John,
Every April 15 I celebrate......its the day I told the Bateesville Rep to NEVER call on us again. That was almost 11 years ago. I to was semi brainwashed by their glitz, and parties. When we were 50% Batesville we didnt do enough to warrant a factory trip. When we were at 75% still not enough to warrant a trip and so on when we were 95% Batesville. Since 1932 we have purchased and sold many caskets, the smaller firms know how to say thank-you and are sincere about it. My happiest day was throwing them out, and telling them to stay out. I have maintained that Batesville is NOT a friend of the independant funeral directors or to the Mom & Pop firms that are still in operation. I challenge other firms to be Batesville Free and see your bottom line go up......our has, and when we tell each family we serve we have caskets made by family owned firms.....they are sure to choose them. After all funeral service is people helping people......Not Bateville helping SCI Carriage and Lowen or Alderbucket or whatever they are today. The day of the independant firms is here and now.....and Batesville isnt going to help us, infact, they could be our downfall.
MORE
In a message dated 1/17/02 10:32:12 AM, Brian in New York writes:
As a small (75 per year) independent in Buffalo, NY; we were loyal Batesville customers for almost 30 years. That all changed last year when a new sales rep was assigned to us. He had no experience in either the casket or funeral field, but thought he knew more about the day to day operations of our firm than I did. After only three visits from this guy, I knew that our relationship w/ Batesville was over. All of his superiors, all the way up to Indiana insisted that we were making a big mistake... only adding insult to injury. We are now 100% Yorktowne, enjoy service we never knew existed, deal with pleasant reps and more importantly warehouse staff, and find the product is just as good if not better than Batesville's. And the one thing I really like, as an independent I am paying the same price for the merchandise as my Keystone and Stewart competitors down the street.
MORE
In a message dated 1/19/02 9:57:59 PM, Mike in Oklahoma writes:
I am still getting GOOD service here in OKLAHOMA. The OTHER people are the ones that QUIT calling trying to swing my business to them. I AM SATISIFIED WITH BATESVILLE. No, I am PLEASED with BATESVILLE. I have a GOOD REP (name of TIM CUTTER), the rep in OKC (Glenn Dunn) has been a GREAT HELP to me in the past. And I get EXCELLENT delivery from the service center in TULSA. I also get EXCELLENT response from Indiana when I need a special order such as a inner cap panel or any other special items I order.
MORE
In a message dated 1/21/02 11:11:39 AM, John on vacation in Fla. writes:
We are 110% Batesville......why......SERVICE , SERVICE ,SERVICE......
No corp. is Perfect But I'll live with 99%.........we are a small group....4.....
In the golden apple...of westchester county NY delivery from 2 service centers.
The trucks are cleaner than U. P. S. trucks ... the people @ the service centers the drivers the sales man are # 1 in our books...we are a 4 generation funeral group who on a cold snowing Christmas Eve the sales man [frank connolly] and every one involved delivered from a service center over 150 miles away a special walnut casket .... Yes, we have an up scale clientele ... but like every one else we have cremation families who want more than a box...Batesville Options program is an excellent tool to promote your Funeral home.
Finally we all use to wonder when the Texas group would select Batesville ... some one in Teas "got Smart" and selected Batesville........we didn't hear FD's moan when York was selling to SCI........we don't know about the rest of the FD's out there But Profit is Not a DIRTY WORD......when you are as big as SCI ...sometimes you lose control.....I'm sure that they SCI will take control in Fla. and other areas where they are in Trouble....Otherwise they and dinosaur will be gone and only us independents will be left.....
in conclusion we wish to publicly thank Fraya Moore for her advice and support @ Batesville Because the Families that we serve together appreciate the SERVICE.
MORE
In a message dated 1/21/02 5:26:58 PM, Kathy in Connecticut writes:
A tisket a tasket a basket a casket, to the consumer they are all the same, what looks the best for the lowest price is what most will buy, we sell a lot of high end woods and the boss does miss marcellus, but he had to change and we went to Clarksburg we all know its Aurora. What caskets are right your funeral home is what is right for you, Companies know advertising is the best way to get you to look at their products, sales people keep the product in the building. They all have good delivery service the other two funeral homes in town use a book to sell caskets, they depend on that next day delivery and couldn't exhist with out it, we still like to show the whole casket enabling us to buy from whom ever we want. They all look the same to me. I couldn't tell you an Aurora from a Batesville, a lot like cars they look a lot alike the Tahoe, Explorer, Durango SUV's you guys really think families look for the manufactures label, they don't. After reading the above I looked at my price lists for a casket called "Silver Rose" it sells for many prices - Providence $?163 - Aurora $?156 - Milso $?153 - Batesville $?146 - Local Distributor $?145. all within $20 difference, let's think discount, these same companies offer discounts on the "Silver Rose" anywhere from $46 to $231, the boss never paid much attention until he let me pay the bills and I love to shop! The thing he hated the most was telling his best friends the casket salesmen, how I wouldn't let him buy from them, (that's his excuse he does as he pleases) and just like you read above his good buddies stopped coming by, now business is better than ever he goes to Rotary and Chamber of Commerce lunches things he missed because he had to go to lunch with his fair weather friends The Casket Salesmen. Oh yes he still sees the salesmen at the donut shop with the other guys in town. Please keep sending your clean trucks, your tempting ads with up to date information, and your salespeople, how come no woman sales people in Connecticut LOL, just keep mailing your price lists and I love to shop, last month the boss gave me a new computer system for my house in gratitude for my money saving at the funeral home, he is a wonderful man, and makes me so proud to work there. I got to put these price lists away so the kids can go online for homework.
It's time to stir the crockpot! I'm playing online while I make dinner. What a life! Bye John.
Members: Post your comment Click here write and send
Credibility, all posts on this subject are from registered members FUNERAL SERVICE PROFESSIONAL ASSOCIATION does not share membership info with anyone, no one will be given your information with out your permission or a court order.
NFDA Letter To Editors Regarding the Florida Cemetery Allegations
January 8, 2002
Dear Editor:
There is no disputing that the allegations of mismanagement being made against two South Florida cemeteries are not merely disturbing, but if proven to be true, are nothing less than egregious.
With the exception of the family members of those buried at Menorah Gardens and Funeral Chapels who are now anguishing over the stories appearing in the media, there is no group more appalled or outraged by these recent developments than those of us within the funeral service profession.
Funeral directors and cemeterians are thoughtful, caring professionals who treat the bodies of the dead with the greatest of respect and dignity. They view their work as sacred, and there is no place in the funeral service profession for those who think or behave otherwise. There are isolated incidents of misconduct, such as the recent accusations in Florida. But this case is not and should not be a reflection on other funeral directors or cemeterians, who are compassionate and honest individuals diligently working on a daily basis to care for families.
If the Florida accusations are founded in fact, the violators must be brought to justice.
Robert F. Vandenbergh, CFSP
President
National Funeral Directors Association
Christine Pepper
Chief Executive Officer
National Funeral Directors Association
+++++++++++++++++++++++++++++++++++++++++++++++
McDonough writes I have Never seen the word egregious
so I looked it up ADJECTIVE described ast -----> Conspicuously bad or offensive. See flagrant.
MORE
In a message dated 12/20/01 9:57:58 AM, Fred in Massachusetts writes:
** Today: Cemetery accused of unthinkable ** A cemetery operator is accused of taking terrible advantage of families in mourning. NBC's Fred Francis reports.
http://www.msnbc.com/modules/exports/ct_email.asp?/news/675443.asp
IT'S a case certain to stir emotional outrage in South Florida. The subject of the lawsuit is Menorah Gardens at two locations, along with SCI, its parent company, the world's largest funeral services provider. They are accused of misplacing bodies, crushing graves to bury others, as well as digging up and dumping remains.
It is the result, plaintiff attorneys say, of mismanagement and greed.
"I know of several cases where they have intentionally broken open vaults that have been in the ground for many years, scoop up the remnants of the person who's space they now need imminently and toss it to the woods," says Neal Hirschfeld, a lawyer for the plaintiffs.
In a video taken by the plaintiff's investigator, Hirschfeld says the bones of Colonel Hyman Cohen, buried twenty years ago, have been dumped in the woods to make room for somebody else.
Hirschfeld claims that Menorah Gardens may not know where hundreds of bodies are buried.
His Jewish burial shroud and a star of David appear on the grounds of woods in the video. Grave digger Charles Albert, once convicted of burglary and recently fired after six years, claims his manager gave him the following orders: "Take whatever you pull out of there, dump it in the back... the casket, the vault, Mr. Cohen's remains," says Albert. To look at the markers, you would think Colonel Cohen is still buried there. Albert says he is not. The daughter of Francis Gold says her mother bought that plot and is possibly buried on top of some of Cohen's remains.
"I became so ill I had to lie down," says plaintiff Myra Stone. "I was totally nauseated by what had happened to Colonel Cohen and the fact that there were some of the remains of someone else in my mother's grave."
Hirschfeld claims that Menorah Gardens may not know where hundreds of bodies are buried.
"There are particular sections of this cemetery that are so poorly kept, record keeping-wise, that computers don't match documents," says Hirschfeld.
NBC News has obtained some the company's internal memos. One from October 1997 states in part that, "Of the current 136 burials, 44 burials are now considered to be in the incorrect spaces."
That means a third of those buried were in the wrong graves.
Doctor Herbert Franklin, another plaintiff, found out that his parents were not buried side by side.
"Mom and Dad are one on top of the other which obviously said to me that one of the graves were sold to somebody else," says Dr. Franklin.
The documents show the confusion. Plaintiffs' lawyers say they are pages from a master plan of the cemetery.
"'Where are the Lippets,'" reads Hirschfeld from the alleged burial book, "and 'Who are the Haskels,' and 'Are they both deceased,' and 'Move the Haskels' markers.'"
The lawyers claim the disarray began before SCI bought the cemetery six years ago and continued under new management, despite warnings in the firm's records of "potential liabilities."
SCI declined to speak on camera, but says, "What is alleged in the lawsuit is disturbing and completely contrary to our policies and procedures...We're taking the allegations seriously and are conducting an internal investigation with all possible diligence."
Florida's Attorney General will now also try to find out where the bodies are buried.
MORE
In a message dated 12/21/01 7:46:29 AM, Walter in Tennessee sends us:
CBS News | Suit Alleges Grave Desecration | Thu, 20 Dec 2001 12:40:06 EST CBS News | National
The lawyers said there are about 700 people with claims against the two cemeteries.
Suit Alleges Grave Desecration a.. Says Funeral Home Tossed Bodies In Woods
MIAMI, Dec. 20, 2001
AP (Reuters) The world's largest funeral company was accused in a Florida lawsuit of digging up bodies and dumping them in the woods to make room for new burials, the plaintiffs' lawyers said Thursday.
Families filed a class action lawsuit on Wednesday in a state circuit court in Fort Lauderdale, Fla., accusing Menorah Gardens and Funeral Chapels and its parent company, Service Corporation International, of desecrating graves and destroying human remains.
The lawsuit alleges that people were buried in the wrong graves at Menorah Gardens cemeteries in Fort Lauderdale and West Palm Beach without their relatives' knowledge.
It said cemetery workers broke open some burial vaults and dumped the bodies in the woods, and crushed down other coffins to make room for new coffins on top of them. It also alleged that body parts of different people were mixed together when the buried vaults were broken open and that people who bought side-by-side plots were actually buried head-to-toe or on top of each other.
"We are outraged by the condition of the remains and the desecration of the grave sites we have found at Menorah Gardens," one of the plaintiffs' attorneys, Ervin Gonzalez, said. "We want to alert families and loved ones of the deceased of the disrespectful and disgraceful burial practices taking place at these cemeteries."
There was no indication exactly how many bodies were allegedly mishandled, but the lawyers said there are about 700 people with claims against the two cemeteries.
The lawsuit was filed a day after Florida Attorney General Bob Butterworth subpoenaed all of SCI's Florida burial records dating back to 1990 as part of an investigation into its business practices.
Service Corporation International, based in Houston, said the allegations in the lawsuit were disturbing and "completely contrary to our policies and procedures as well as the excellent performance record we have established."
The company said it was conducting an internal investigation "with all possible diligence."
"The performance of our professional duties is a sacred trust that we strive to fulfill by adhering to the highest possible standards and ethics," SCI said in a prepared statement.
The company provides funeral services in 12 nations on four continents. SCI and its affiliates operate 3,188 funeral service locations, 485 cemeteries and 78 crematoria as of Sept. 30, making it the world's largest funeral and cemetery company, the company said.
The lawsuit asks that the court grant class action status and to supervise a program to ensure that all of the dead the company buried are in the right graves. Several families have also filed individual lawsuits seeking unspecified damages.
MORE
In a message dated 12/21/01 12:52:26 PM, ANONYMOUS writes:
December 21, 2001
By TAMAR LEWIN
Relatives of three people buried in Jewish cemeteries in
Florida accuse the nation's largest funeral company of
desecrating their remains.
http://www.nytimes.com/2001/12/21/national/21FUNE.html?ex=1009965995&ei=1&en=ecb28dceb05032f1
December 21, 2001
Funeral Company Accused of Desecration
By TAMAR LEWIN
FORT LAUDERDALE, Fla., Dec. 20 &emdash; In a class-action lawsuit filed here, relatives of three people buried in local Jewish cemeteries accuse the nation's largest funeral company, Service Corporation International, of desecrating remains &emdash; breaking open burial vaults and dumping the contents in the woods, crushing vaults to make room for others, mixing body parts from different individuals and digging up and reburying remains in locations other than the plots purchased.
One plaintiff, Carol Prisco, who lives on Long Island, said her parents, Meyer and Shirley Goldstein, had bought a joint plot at Menorah Gardens and Funeral Chapels in West Palm Beach, where her father was buried last year. But when the cemetery books were examined by investigators preparing the lawsuit, it became clear that another body was there, too, so there would be no room for Mrs. Goldstein. Ms. Prisco then had her father's body disinterred and moved to a New York cemetery.
"What they did is horrific," Ms. Prisco said. "This is sacred land, and the dead deserve respect from the living. When I found out about this, it was so bizarre that I felt like I was in a Stephen King movie."
Although the lawsuit, filed on Wednesday in Broward Circuit Court, names only three plaintiffs, Neal Hirschfeld, one of the lawyers handling the case, said he had received inquiries from hundreds of other families with relatives buried at one of Service Corporation International's five cemeteries in South Florida, and expected the class to grow substantially. The lawsuit seeks unspecified damages.
The Associated PressKenneth and Myra Stone at a news conference on Thursday in Fort Lauderdale, Fla., about a class-action lawsuit against a funeral company.
"We've already heard from more than 500 other families who are wondering what might have happened to their loved ones," Mr. Hirschfeld said. "It's hard to describe how painful and difficult it has been for families to hear that they scooped up remnants of people whose spaces they needed and tossed them in the woods."
Jerald L. Pullins, president and chief operating officer of Service Corporation International, which is based in Houston, said today in a statement that the activities described in the lawsuit were "completely contrary to our policies and procedures."
"We are taking these allegations seriously and are conducting an internal investigation," he added.
Florida's attorney general, Bob Butterworth, began an investigation of the company last month after being contacted by the plaintiffs' lawyers in late September. This week, Mr. Butterworth issued subpoenas for all of Service Corporation's Florida burial records.
"A preliminary review of the information we were provided with was enough to issue a subpoena of their burial records," said John deGroot, an aide to Mr. Butterworth. "If even a portion of these allegations are true, this is going to be devastating to many people."
In one case cited in the lawsuit, Charles Albert, a former gravedigger at the West Palm Beach cemetery, said he had been told to dig up the grave of Hyman Cohen and to throw anything he dug up in the woods in back of the cemetery. Among the remains found in the woods have been bones, a burial shroud and a Star of David necklace.
The plot was then used for the burial of Frances Gold, Mr. Hirschfeld said. Myra Stone, Ms. Gold's daughter, said she had felt ill when she discovered that her mother's grave had contained the remains of someone else.
The five cemeteries Service Corporation International operates in Florida are in North Miami Beach, Sunrise, Deerfield Beach, West Palm Beach and here. Mr. Hirschfeld said that the cemeteries' records were so poorly kept that it was diificult to tell who is buried in what plot, but that the records seemed to indicate widespread wrongdoing, with problems affecting as many as 660 spaces at the West Palm Beach cemetery alone. In most cases, he said, plots bought in advance by people who are still alive have already been filled with the remains of others.
According to the complaint, the company buried some remains in a manner that encroached on other plots, and sold burial areas without sufficient space, leading them to crush, layer or remove remains to make room for more.
The questions about the West Palm Beach cemetery first arose years ago, when Mr. Hirschfeld sued Menorah Park in West Palm Beach for losing a woman's amputated legs. In 1994, when the $1.25 million verdict he won in that case became big news in Florida, other families began calling with questions about their relatives.
MORE
Below is SCI's response to the Cemetery Unthinkable in Florida
Service Corporation International Responds to Lawsuit Filed in Florida
1/10/2002 SCI did have a Teleconference the other day I did listen in and one of the financial media had questions about this issue, I tried to as a question but I was never called on probably a glitch by the teleconference company.
HOUSTON, Dec. 20 /PRNewswire/ -- Service Corporation International
(NYSE: SRV), the world's largest funeral and cemetery company, today initially
responded to media reports and to a lawsuit alleging improprieties at certain
locations in the State of Florida. The lawsuit was filed yesterday, and the
Company is reviewing the allegations made in the lawsuit as well as statements
made in media reports. While the allegations were reported in the national
media, the lawsuit is confined to alleged activities at two cemeteries and
three funeral homes in Southern Florida which are components of the Company's
global network of 3,851 funeral homes and cemeteries in 12 countries on
four continents.
Commenting today on the lawsuit, SCI President and Chief Operating
Officer, Jerald L. Pullins, said:
"The allegations made in the lawsuit and recent media reports are
disturbing. These allegations are completely contrary to our policies and
procedures as well as to the excellent performance record we have established.
We are taking these allegations seriously and are conducting an internal
investigation with all possible diligence.
"The respect and care of those we serve is the principal priority of our
Company and its associates across our entire network of funeral homes and
cemeteries. The performance of our professional duties is a sacred trust we
strive to fulfill by adhering to the highest possible standards and ethics."
For additional information contact:
Investor Relations: Debbie E. Fisher - Director / Investor Relations
Tel: (713) 525-9088
Eric D. Tanzberger - Vice President / Investor
Relations
Assistant Corporate Controller
Tel: (713) 525-7768
Media Relations: Terry Hemeyer - Managing Director / Corp.
Communications
Tel: (713) 525-5497
Other Service Corporation International information and news releases are
available through SCI's corporate website at: http://www.sci-corp.com .
As of September 30, 2001, the Company and its affiliates operated
3,188 funeral service locations, 485 cemeteries and 178 crematoria and
provides funeral and cemetery services in 12 countries on four continents.
In a message dated 12/20/01 10:31:44 PM, Mflynn6705 writes: Family of Albert DeSalvo say his vital organs are missing By Associated Press, 12/19/2001 04:12 BOSTON (AP) The family of Albert DeSalvo, the man who once confessed to being the Boston Strangler, says they discovered several of his vital organs were missing when they exhumed his body this fall in an attempt to determine if he really was the infamous serial murderer. Lawyers for the DeSalvo family Tuesday informed the office of Attorney General Thomas Reilly that they intend to sue the office for negligence. They will claim the state lost or misplaced DeSalvo organs, presumably during an autopsy after he was stabbed to death in prison in 1973. The DeSalvo family, along with relatives of the woman believed to be the Strangler's last victim, Mary Sullivan, are working to clear DeSalvo of the killings. DeSalvo, a factory worker with a wife and children, confessed in 1965 to those murders, as well as two others, but later recanted. He was stabbed to death in 1973 while serving a sentence for rape and other unrelated crimes. He was never charged with the strangler killings. ''It's just the idea that (Richard) DeSalvo's brother is murdered in prison, and the government loses his body parts,'' Dan Sharp, an attorney for the families, told The Boston Globe. ''And people keep asking Richard why he doesn't trust the government?'' According to the families, DeSalvo's heart, lungs, kidneys, liver and spleen were missing when his body was exhumed on Oct. 26. Stephen Bilafer, a spokesman for Reilly, said the attorney general's office knows nothing about the missing organs. ''If possible, this case is getting even more bizarre,'' he said. ''We're not a funeral parlor and we're not the medical examiner's office. The attorney general was in college at the time this took place.'' Sharp's letter to Reilly's office also named the state police and the office of the state's chief medical examiner as potential defendants The 1973 autopsy was conducted by private physicians contracted by the state, according to the DeSalvo family's attorneys. A team of forensic scientists, working with the two families, exhumed the body of Mary Sullivan over a year ago and DeSalvo's body in October. Two weeks ago, they revealed that tests on Sullivan's clothing and remains found DNA from two individuals other than Sullivan, and neither was DeSalvo. The families said the results raised doubts about whether DeSalvo was the strangler. Reilly's office has said the tests were not conclusive, and has asked for a DeSalvo family blood sample to compare with DNA taken 37 years ago from the Sullivan crime scene. But Richard DeSalvo has said he will only provide the sample if Reilly will allow a member of the families' independent forensics team to observe the state's DNA testing.
In a message dated 1/10/02 9:16:08 AM, lacorn@icfa.org writes:
*************************************************************************
ICFA WIRELESS &endash; January 8, 2002 Edition Vol. 3 No. 1
*************************************************************************
ICFA WIRELESS is a biweekly electronic newsletter bringing members of
the International Cemetery and Funeral Association the latest government
and legal, industry and association news. It is available to all ICFA
members current on their dues. Comments, questions and "hot news tips"
are welcome. Write to: mailto:wireless@icfa.org.
IN THIS EDITION:
INDUSTRY NEWS
ICFA Files Brief in Florida Supreme Court on Marker Restrictions
New Law Permits VA to Furnish Second Marker in Private Cemeteries
FDAC Offers $402 Music Licensing for 2002
ICFA Responds to Good Housekeeping on Prefunded Funerals
New ICFA Guardians Newsletter Sent to Members of Congress
ICFA NEWS
ICFA Releases Consumer Article on Prearrangement
Women's Forum Expands Scholarship Program
ICFA Convention Debaters Sharpen Preneed Rhetoric
January Product of the Month: Eric Marmorek's Preneed Classics
---------------------------
INDUSTRY NEWS
---------------------------
ICFA FILES BRIEF IN FLORIDA SUPREME COURT ON MARKER RESTRICTIONS
Today, the ICFA filed an Amicus Curiae or "Friend of the Court" brief
with the Florida Supreme Court in support of a cemetery's authority to
restrict markers and memorials in a memorial park to horizontal,
ground-level designs. The litigation, Warner, et al, v. City of Boca
Raton, involves an appeal from a 1999 federal district court decision
that ruled in the cemetery's favor. At issue is whether the city
cemetery can legally prohibit the lot owner-plaintiffs from erecting
vertical objects such as markers and religious symbols on grave sites in
a memorial park that specifically bans such items in its rules and
regulations. The plaintiffs are supported by the American Civil
Liberties Union. The outcome of this appeal could dramatically affect
the rulemaking authority of municipal cemeteries in particular, and
potentially all cemeteries in general.
The ICFA stated, "The City's cemetery regulations...are content-neutral.
They do not single out religious objects or decorations, but prohibit
all above-ground items of any nature. Purchasers in memorial parks rely
upon the cemetery's authority to enforce these restrictions without
regard to the ethnic customs or religious beliefs of the lot owners and
such rules have been upheld by the courts for decades." The ICFA
concluded by urging the court to rule in favor of the city cemetery. "If
individual lot owners become entitled to ignore cemetery regulations to
do whatever they wish in the name of religious beliefs, they would
effectively disenfranchise the rights of all the other lot owners and
undercut the cemetery's ability to properly manage its grounds,
resulting in a chaotic cemetery environment." The full brief may be
downloaded from the "Government and Legal Affairs" section of the ICFA
Web site at http://www.icfa.org/government.htm.
---------------------------------------------------
NEW LAW PERMITS VA TO FURNISH SECOND MARKER IN PRIVATE CEMETERIES
President Bush gave veterans and private cemeteries a Christmas present
on December 27, when he signed into law P.L. 107-103, the Veterans
Education and Benefits Expansion Act of 2001, which provides a series of
improved veterans benefits. Among other items, the U.S. Department of
Veterans Affairs (VA) may now furnish a government marker to private
cemeteries where the grave has already been memorialized by a privately
purchased marker or headstone. Similar to the current law providing
government markers, the benefit is subject to the cemetery's rules and
regulations.
For many years, both the families of veterans and private cemeteries
have been frustrated by the VA's refusal to furnish a government marker
if the veteran's gravesite already had a marker. This new benefit is a
five-year pilot program that will be reviewed by February 1, 2006, to
determine how well the program has been received.
---------------------------------------------------
FDAC OFFERS $402 MUSIC LICENSING FOR 2002
The FDAC (Funeral Directors Association Coalition), representing a
number of funeral service trade associations throughout the United
States, is offering music licensing for 2002 through ASCAP and BMI at a
cost of $402. This represents a substantial savings over the cost for
individual businesses to obtain licensing on their own. Anyone
interested in registering through the FDAC can contact the ICFA for more
information at 1-800-645-7700.
---------------------------------------------------
ICFA RESPONDS TO GOOD HOUSEKEEPING ON PREFUNDED FUNERALS
The ICFA has responded to a brief piece on "Burial Plans" in the January
2002 issue of Good Housekeeping that seemed to mix apples with oranges
in advising readers on whether to prepay for their funerals. In a letter
to the editor, the ICFA noted that writer Lisa Goff "describes a monthly
installment payment plan whereby some or all of the funds are deposited
into a trust to assure the seller's performance. But then she warns of
'some policyholders ... paying more in premiums,' that suggests an
insurance policy-type of funding, and not the use of trusts. We suspect
your readers will be confused."
The ICFA stated, "Ms. Goff recites the conventional wisdom that it is
somehow 'better' to save money on your own rather than prepay funeral
plans in advance of needing them. Unfortunately, experience has shown
than many people must use their savings accounts to pay for the expenses
of the final illness not covered by insurance, leaving little or nothing
left for the funeral. We are concerned that Ms. Goff sacrificed useful
information for the sake of brevity and we would welcome the opportunity
to work with her to provide a more detailed review of the many choices
available to consumers." The ICFA letter can be viewed at
http://www.icfa.org/gh_letter.htm.
---------------------------------------------------
NEW ICFA GUARDIANS NEWSLETTER SENT TO MEMBERS OF CONGRESS
Just prior to the holiday recess, the 535 members of Congress and their
staffs received the Fall/Winter 2001issue of the ICFA newsletter,
Guardians. Published especially for elected officials and government
regulators, this issue reported on the new Cemetery Consumer Service
Council complaint survey, ICFA assistance efforts in response to the
September 11 terrorist attacks, ICFA's testimony on Ergonomics, the
Association's response to an anti-preneed story by The New York Times,
and the Multistate Tax Commission's adoption of an ICFA model law.
The Guardians provides Congressional members with a positive view of the
funeral services, interment, and memorialization industries that is
often absent from mass media reporting. Copies of the Guardians are
being mailed to state trade associations for potential circulation to
local officials. Members who would like a free copy of the newsletter
should contact the ICFA at 1-800-645-7700. The issue also can be viewed
at http://www.icfa.org/guardian.htm.
---------------------------------------------------
-------------------
ICFA NEWS
-------------------
ICFA RELEASES CONSUMER ARTICLE ON PREARRANGEMENT
In December, the ICFA released another in an ongoing series of consumer
education pieces. "Making Funeral Arrangements in Advance Offers Peace
of Mind" is a newspaper article outlining the advantages of preneed
cemetery and funeral purchases.
The ICFA uses a national media placement agency to distribute newspaper
articles and radio announcements with positive preneed and
memorialization messages. Previous articles and radio spots have been
highly successful, reaching in hundreds of markets throughout the
country. For more information and to view copies of the actual releases
to date, visit http://www.icfa.org/media.htm.
---------------------------------------------------
WOMEN'S FORUM EXPANDS SCHOLARSHIP PROGRAM
The ICFA Women's Forum has expanded its scholarship program for cemetery
and funeral home owners, operators and employees interested in attending
ICFA University. For the last two years, the Women's Forum has offered
one scholarship. This year, it will offer two or more. The $1,500
scholarships will cover the registration and administrative fees for
ICFA University, July 19-24, 2002, at the University of Memphis in
Memphis, Tennessee.
The scholarships are open to all ICFA members who have been employed in
the industry for at least two years. They are sponsored by eight
industry suppliers: American Cemetery Supplies Inc., BLP Bronze
International, Crematory Manufacturing & Service, Ferno Washington Inc.,
Granit-Bronz Inc., Matthews International, Trigard/Greenwood Plastics
and Wilbert Funeral Services Inc. For more information on ICFAU and a
copy of the scholarship application, call 1-800-645-7700 or visit
http://www.icfa.org/educ2.html.
---------------------------------------------------
ICFA CONVENTION DEBATERS SHARPEN PRENEED RHETORIC
As the ICFA Convention & Exposition (April 24-27, 2002) nears, the
rivals in The Great Debate have already begun speaking out on The Pros
and Cons of Prearrangement.
Previewing his stance on the "cons" side of the debate, funeral director
and author Thomas Lynch said, "I am unopposed to prearrangement É it's
been around since the pyramids. Nor am I opposed to prefunding. Since
folks stuffed money into mattresses, putting something aside against
eventual costs has always been sensible. But the junk-mailed,
telemarketed, bargain-in-a-briefcase brand of mortuary sales has not
been good for the funeral, the funeral consumer or the funeral
director."
His opponent, ICFA Secretary Paul Elvig, sees things very differently.
"Preneed is much more than just writing on an envelope who you want as a
casket bearer and what song you want sung at your funeral," Elvig said.
"Preneed to me is making a lot of decisions and setting aside the funds
to back up those decisions. I suspect from what my opponent has written
and what my opponent has said publicly, he has real problems with that.
I anticipate we're going to discuss the wisdom of prefunding, the value
of it and the ethics of selling it. These are issues I want to discuss
further with Mr. Lynch, and I'm looking forward to hearing him justify
some of what I view as outlandish statements."
For more information on the Debate or the ICFA Convention & Exposition,
call 1-800-645-7700 or visit http://www.icfa.org/AC02.htm.
---------------------------------------------------
JANUARY PRODUCT OF THE MONTH: ERIC MARMOREK'S PRENEED CLASSICS
For the month of January, the ICFA is offering tremendous savings on
Eric Marmorek's classic books: The Art of Getting an Interview, Tools
and Techniques of Persuasion and The More Objections the Better. One of
the founding fathers of preneed marketing, Marmorek's hallmark titles
are being offered as a set. Regular Price for all three titles: $18;
January Price: $10!
For additional information on these product discounts, visit
http://www.icfa.org/jan.htm or call the ICFA at 1-800-645-7700.
---------------------------------------------------
AND MORE É
There's still time to register for Naked Sales IV, January 17-18, 2002,
at Caesars Palace in Las Vegas, Nevada! The conference will cover topics
such as affinity marketing, demographics research, family service,
hiring dos and don'ts, setting sales team expectations, measuring
performance and "motivation on a shoestring." Attendees will receive a
valuable binder filled with useful handouts and ancillary information to
take back to their locations. For a complete program and registration
materials, call 1-800-645-7700 or visit
http://www.icfa.org/nakedsales02.htm.
The ICFA KIP (Keeping It Personal) Awards recognize the best in
personalization in the cemetery and funeral services industry. THE
DEADLINE FOR ENTRY IS JANUARY 15, 2002. Winners will be honored at the
ICFA Annual Convention in Orlando, Florida, April 24-27. In addition,
all entrants will receive a certificate of achievement and be recognized
in International Cemetery & Funeral Management magazine. For more
information and an entry form, visit http://www.icfa.org/kip.htm.
The ICFA has spearheaded the Music License Coalition to obtain
discounted music licensing for industry members. The goal of the
Coalition is to offer a discount price of $185 annually for licensing
from BMI, ASCAP and SESAC beginning January 1, 2003. Membership in the
Coalition is free and is not tied to membership in any other industry
organization. For more information or to join the Coalition, call
1-800-645-7700 or visit http://www.icfa.org/music/.
The recently created ICFA Idea Network on the association's Web site
provides a forum for cemeterians, funeral directors, suppliers and
others to share ideas and discussion on all areas of operations.
Currently, the page includes messages regarding preneed marketing,
perpetual care policies and the industry's response to the September 11
attack on America. To access the page, visit
http://www.icfa.org/ideanetwork.htm.
The ICFA News Page offers a timely collection of interesting and useful
news items related to the cemetery and funeral industry, small business
and current events. Located at http://www.icfa.org/newspage.htm, the
News Page compiles articles from around the world and is updated
regularly.
The ICFA has published its 2001-2002 Buyer's Guide and Membership
Directory, an invaluable industry resource offering complete listings of
ICFA member cemeteries, funeral homes and allied members; industry
suppliers; international, national, regional and state associations;
state funeral boards and cemetery regulators; individuals working in the
industry; and more. A must for all key staff, copies are available for
purchase at a member price of just $25. For information or to order,
call the ICFA at 1-800-645-7700.
Need a labor relations and employment law attorney? Check out ICFA's
benefit program offering free telephone legal consultations at
http://www.icfa.org/pepperman.htm.
ICFA members can establish their own Web sites for just $14.95 per
month, with no up-front fees. FuneralAssistant.com provides complete Web
site design, up to six pages; monthly site hosting; assignment of a
Keyword that directs Internet customers to the site; and Web site
updates. For more information, visit http://www.icfa.org/WebBenefit.htm.
---------------------------------------------------
---------------------------------------------------
BLOCKED ACCESS
Due to problems with the NIMDA Internet virus, the ICFA has had to block
certain servers from accessing its Web site. If you are experiencing
problems accessing the site, please contact your Internet Service
Provider to ensure they are virus-free and then call the ICFA to have
your server unblocked.
NOTE TO AOL USERS
There have been problems reported accessing the links in the document
for people using AOL e-mail addresses. Until we find a workaround for
this, you may need to type in or cut and paste the e-mail and Web
addresses to access these links.
---------------------------------------------------
CHANGE E-MAIL
If you want to change the e-mail address for receiving ICFA WIRELESS,
please send an e-mail to mailto:wireless@icfa.org. Type "e-mail address
change" in the subject line. In the body, type in your name, company
name, city, state, current e-mail address and preferred new e-mail
address.
--------------------------------------------------
UNSUBSCRIBE
If you want to unsubscribe from ICFA WIRELESS, please send an e-mail to
mailto:wireless@icfa.org. Type "unsubscribe" in the subject line. In the
body, type in your name, company name, city, state, and e-mail address.
---------------------------------------------------
International Cemetery and Funeral Association
1895 Preston White Drive, Suite 220
Reston, VA 20191
1-800-645-7700
(703) 391-8400
fax (703) 391-8416
http://www.icfa.org
Copyright 2002 International Cemetery and Funeral Association
In a message dated 1/9/02 6:49:06 PM, ruthgill@worldnet.att.net writes:
Hi John,
I would like to clarify that the poem that Mike sent to you in his message
of 11/11/01 is mine. It appears that Lark Bennett of the Gulfport Police
Department has been credited as author. The title of the poem is "The Wreck
On Highway 109". It was published in Poet's Review in 1999, and is published
on my web site with the following URL:
http://home.att.net/~ruthgill/variety/the_wreck_on_highway_109.htm
My copyright notice is on the page with the poem.
I just wanted to clarify that I am the author. I am no William Shakespeare,
but I love writing poetry and I love to share it, but I do expect respect of
my copyright.
Thank you.
Ruth Gillis
http://www.newsday.com/news/local/newyork/ny-zero0105.story
More Bodies Being Found At Ground Zero
By Graham Rayman
Staff Writer
January 4, 2002
Almost four months after Sept. 11, Ground Zero workers are continuing to recover intact bodies &emdash; a contrast to the first weeks when it appeared that all but a relative few of the victims' bodies disintegrated in the fire and collapses of the World Trade Center towers.
Fire union officials said Friday they are hopeful that areas on the northwest side and the west side of the 16-acre site, near what once was the lobby of the north tower, may yield more bodies of firefighters.
The north tower was the second of the 110-story buildings to collapse Sept. 11 after the Twin Towers were struck by hijacked jetliners.
"The theory is that we had a lot of people in the lobby of the north tower, bringing them out of the building, checking them," said Matty James, the Brooklyn trustee for the Uniformed Firefighters Association.
James admitted to some surprise that bodies found in recent days have been relatively intact.
"In the beginning they would have you believe that the bodies disintegrated," he said. "But we're finding our guys. For every one that we find, it's closure for a wife and a family."
Chief Brian Dixon, a Fire Department spokesman, declined to comment on the potential of finding additional bodies. "There are obviously areas where we hope to find people," he said.
The discovery of intact bodies suggests that there were "protected pockets" in the collapses, a city official said.
An explanation for the intact condition of some of the firefighters' bodies may be that they were wearing protective bunker gear, another source said.
An estimated 2,895 people were killed in the World Trade Center attacks, including 157 passengers and crew members aboard the two hijacked jets.
In the past week, six whole or intact bodies have been recovered, for a total of 255 as of Friday, the medical examiner's office said. Slightly more than 12,400 human remains have been recovered.
Since Dec. 28, 21 additional people have been identified, for a total of 611, the office said.
A total of 135 of the 343 firefighters lost on Sept. 11 have been identified. Six of the 23 NYPD officers lost and nine of the 37 Port Authority police lost have been identified.
On the lingering topic of health and safety at the site, the Port Authority said Friday that four police officers working at Ground Zero have been reassigned after tests showed higher-than-normal levels of mercury in their blood.
They are the first agency police officers reassigned over health concerns.
John McAusland, counsel for the Port Authority Police Benevolent Association, said the union supports the decision. "We obviously have serious concerns about health conditions at Ground Zero," he said.
"We want to make sure that officers' health is protected."
Staff writer Sean Gardiner contributed to this story. Copyright © 2002, Newsday, Inc.
MORE on ground zero
In a message dated 1/10/02 3:08:44 PM, Mike from Massachusetts sends us:
Docs to Seek More DNA City needs help in IDs of 12,000 Trade Center remains
By EMILY GEST
Daily News Staff Writer
The city medical examiner's office will soon ask grieving families to provide more DNA samples to help identify World Trade Center victims, the Daily News has learned. The additional samples are being sought from relatives of the dead in hopes of finding a match with more than 12,000 human remains, a spokesman for the medical examiner's office confirmed yesterday. "The more people you can get DNA samples from, statistically, you can come up with more accurate matches," said spokeswoman Ellen Borakove. Within days of the towers' collapse, families of the 3,000 people lost provided the medical examiner's office with their loved ones' toothbrushes, razors and dirty clothing to help with DNA identification. But in many cases, those samples did not provide enough DNA to make a match with teeth, hair, tissue and bones that recovery workers at Ground Zero have collected since Sept. 11. Borakove said the medical examiner's office is still trying to determine how many more samples are needed and how they will be collected. Some relatives will be asked to let lab technicians scrape cells from inside their cheeks to build a genetic family tree.
In cases where one family member has provided a DNA sample, other relatives will be tapped. Although Borakove would not discuss the anticipated scope of the testing, forensic experts told The News it is likely that hundreds of relatives who wish to recover the remains of their loved ones will be asked to provide DNA.
A Difficult Task
The process of identifying the victims is excruciatingly difficult and slow. With only 276 intact bodies recovered, an army of scientists has worked to match the 12,573 human remains collected &emdash; some as small as a wisp of hair or a piece of bone &emdash; with the long list of dead.
They have made 629 matches.
Forensic experts explained that a victim's personal effects may not contain enough cells, which contain DNA, to make an identification. For example, a toothbrush may not hold enough fresh cells for testing because it hadn't been used recently. A hairbrush may contain a single hair but not a root. "It's difficult enough in a routine criminal matter," said Larry Kobilinsky, a forensic scientist at John Jay College of Criminal Justice. "But with this, the massive number of samples ... it boggles the mind." Complicating the identification process is the quality of the remains, which have been destroyed or damaged by heat, dust or contaminated by contact with other body parts.
Several relatives said the new tests offer hope that they may recover something of their loved ones to bury. "I have a plot, but I don't have anything in it," said Lenore Raimondi, 42, of Staten Island, whose husband, Peter, was trapped in an elevator in the north tower.
"Because he was so special, I have to do everything I can to find him," said Raimondi, who asked Peter's mother and brother to provide cheek swabs. But psychologists warned the process will open many distraught families to more trauma.
"In one way, even a fragment would be nice to have, but it's opening up a new wound," said Monica Iken, 31, of Riverdale, the Bronx, who lost her husband. "If they find something of Michael, at least I can say he was found."
In a message dated 1/4/02 3:15:02 PM, Michelle in Florida writes: Betty Yates Moore, mother of IFDF Member Bill Yates, passed away January 3, 2002 at her home. Visitation is scheduled for Sunday, January 6, 2002 from 3-5 p.m. at Yates Funeral Home, 1101 South US Highway 1, Fort Pierce, FL The funeral service will be held at 11:00 a.m. Monday, January 7, 2002 at St. Andrews Episcopal Church, 206 S Indian River Drive, Fort Pierce, FL.
In a message dated 1/4/02 7:37:09 AM, Walter in Tennessee sends us:
Thursday, 01/03/02
By KIRK LOGGINS
Staff Writer
A Franklin County funeral director should not have staged a $26,000 funeral for a woman whose money he had been appointed to manage, a state appeals court has ruled.
The Tennessee Court of Appeals said that Floyd R. Blackwell Sr., owner of Johnson-Blackwell Funeral Home in Winchester, ''improperly benefited'' from his role as co-conservator for Jean Helen West, who died in January 1999 after suffering from Alzheimer's-type dementia.
Blackwell testified that West's funeral cost $26,367.75 &emdash; more than twice as much as any other he had arranged.
The bulk of the cost billed to West's estate was for a $7,227 casket, which Blackwell admitted marking up about 300%, and a $14,100 solid bronze vault, which he said he marked up about 100%, the Court of Appeals said.
The appeals court held that Blackwell ''was not entitled to earn a profit from the estate of Ms. West'' because he was her court-appointed co-conservator at the time she died.
Blackwell testified that it was the other co-conservator, Theresa Joan Cunningham, who made all the decisions about West's funeral. Cunningham, who was a friend of West's, died a few weeks after West and was not available to testify.
Cunningham's nephew, David Pitts, who served as executor of her estate, filed a challenge to the accounting that Blackwell filed on West's estate in August 1999.
Franklin County Probate Judge Floyd Don Davis ordered Blackwell to return $7,734 in benefits from a burial insurance policy on West that he and Cunningham had transferred to his funeral home, but Davis ruled that Blackwell was entitled to the rest of the funeral bill he submitted.
But a three-judge panel of the Court of Appeals ruled Friday that Blackwell is entitled only to ''reasonable and necessary funeral expenses commensurate with an estate the size of Ms. West's.''
The appeals court sent the case back to Davis, with instructions that Blackwell's funeral home should not receive any more than ''the actual expenses (it) incurred.''
Murfreesboro attorney Gregory Reed, who represented Pitts, said yesterday that West, a retired schoolteacher, left an estate of about $200,000.
Reed said that West's funeral was ''a very standard service,'' except for ''these expensive items that went underground.''
Blackwell would not comment when a reporter contacted him yesterday at his funeral home. ''This is totally news to me,'' he said. ''Before I say anything, I would like to talk to my attorney.''
Blackwell's lawyer, Fannie Harris, did not respond to a message left at her office in Nashville.
In a message dated 12/28/01 4:04:49 AM, ChrKuckelk writes:
Hey Embalmer,
I want to talk about embalming fluids.
Last time the embalmings with fluids that i use regulary don´t work so well.
In normal cases i use Dodge- Plastopake, Metaflow and Dricav.
But athick neck and (if i use no extra color) grey tissue are usually the attendant symptoms . For this it doesn't matter which way (access) of injection, pressure or quantity of drainage i have.
There are some embalmers here who have good results with AARDBalm (www.aardbalm.com). This works without Formahdehyd but in my case (manny embalmings for shipings) i can't use formaledhy-free products.
I also want to use US-Products only.
Please tell me your experience.
Thanks
The NFDA Bulletin
January 10, 2002 01-02
Association News
Christine Pepper Selected as NFDA CEO. Christine Pepper was selected to serve as NFDA's Chief Executive Officer (CEO). Pepper succeeds Robert Harden, who stepped down from the position on March 26, 2001. Pepper has been acting executive director since that time.
A special task force was developed in March for the CEO search. Pepper was selected after the task force narrowed the field to three candidates. The names of the other candidates will be held in confidence.
Pepper has 15 years experience at NFDA. Before being selected as CEO, she served as NFDA's assistant executive director from June 1993 to March 2001.
"I am honored to have been selected for this position at such an exciting time in the funeral service profession," said Pepper. "I look forward to carrying out the mission of the association with the help of such a dedicated staff, and to fulfilling the goals and objectives set forth by the Executive Board and the caring professionals who make up the association membership. I also look forward to working with the allied organizations in reaching some common goals within the profession."
The 2002 NFDA budget has Been Finalized. NFDA's 2002 budget has been finalized and approved by the NFDA Executive Board. To receive a copy of the 190-page budget, please call NFDA Accounting Manager Bill Holton at 800-228-6332.
NFDA Plays Santa. The NFDA staff reached out to the community in December 2001 and helped a needy family in the Milwaukee area. The staff donated gifts for the family's children, including clothing, toys and food. The program is coordinated annually by Sandra Jeske, NFDA's education specialist.
Membership News
Dues are Due January 15, 2002. All NFDA members from choice states need to submit their dues for 2002 by January 15, 2002. If you are from a mandatory state, you should have received an invoice from your state association. If you have any questions concerning membership, call 800-228-6332 and ask to speak with a member services representative.
NFDA Offers Survey Results. NFDA's Research & Information Department completed its 2001 General Price List Survey. The report provides information about NFDA member funeral home charges based on responding firms' Federal Trade Commission General Price List. The 2001 Compensation Survey provides information about the compensation practices in NFDA member funeral home operations, salary, bonus and benefits. You will not want to be without these surveys to help you in your business. The surveys are priced at $50 for NFDA members and $150 for non-members. Both are available by visiting NFDA Online at www.nfda.org and clicking on the "Info Central" button or calling 800-228-6332.
Public Relations
NFDA Responds to Florida Cemetery Allegations. A class action lawsuit has been filed against two South Florida cemeteries, resulting in a flurry of media coverage. The lawsuit against Menorah gardens and Funeral Chapels claims hundreds of bodies were mishandled and that cemetery workers double-stacked bodies for extra profit.
As part of NFDA's effort to protect and build the public image of the profession, and because this story is garnering increased media attention, NFDA will submit a "letter to the editor" to the publications that are following the story, from NFDA President Robert Vandenbergh and NFDA CEO Christine Pepper. You can view this letter by visiting NFDA Online at www.nfda.org/ltr2editor.html
In addition, NFDA has issued the following statement for member use, as a result of the allegations:
First of all, our thoughts are with the families who are dealing with the injustices of this case.
This isolated incident of alleged cemetery deception is not and should not be a reflection on other caring and honest individuals in the funeral service profession. The kind of allegations of mismanagement exhibited by the Menorah Cemetery staff is in direct violation of NFDA's strict code of ethics. We in funeral service work diligently to protect families from this kind of deception, and NFDA stands in support of the law enforcement working to bring violators to justice.
Advocacy Summit
United We Will Stand in Washington, D.C. All funeral directors are invited to NFDA's 2002 Advocacy Summit, formerly known as the Legislative Conference, which will be held March 18-20, 2002, in Washington, D.C.
In an effort to unify the voice of funeral service, NFDA is asking other funeral service organizations to participate in this important event, in which funeral directors will tell their stories and express their opinions to key members of Congress. NFDA needs you to help show the nation the value of funeral service and educate lawmakers about issues that impact your business. This is your opportunity to make a difference!
This annual event has a new low registration price. NFDA members can register for $150 before February 26, 2002, and for $175 after that date. Join the voice of funeral service. Do it for your profession, do it for your future! For more information, visit NFDA Online at www.nfda.org/calendar/advocacy.html or call 800-228-6332.
Policy Board
Submission Deadline Approaching. The deadline for submission of Policy Board Resolutions for consideration at the March 18, 2002, meeting is February 1, 2002.
September 11, 2001
Funeral Director Volunteers Continue to Serve in New York. As part of the World Trade Center disaster recovery effort, NFDA is coordinating the mobilization of volunteer funeral directors to assist the medical examiner's office in the documentation of records.
The volunteer professionals include Thomas Brown, Mesa, AZ; Robert L. Snyder, Sheakleyville, PA; Scott Sowers, Harrisburg, PA; Stephen K. Parthemore, CFSP, New Cumberland, PA; Daniel J. Biggins, Rockland, MA; James F. Burnside III, CFSP, Baltimore, MD; James J. Ouellette, Van Buren, ME; Michael A. Flynn, Roslindale, MA; William C. Moore CFSP, Rockland, MA, Lauralee Davis, Dedham, MA; and Brian Field, Lynn, MA.
Some of the volunteers have told us their experiences during their stay in New York. "These people are living this nightmare day in and day out, and they're shaking our hands, telling us how much it means to them that we took time out of our lives to help. It was the least we could do. It was the right thing to do, and it really was a great feeling, knowing in some small way we were able to help in this large process," said volunteer funeral director Jim Fickes. To view additional comments from volunteers, visit NFDA Online at www.nfda.org/september11/index.html and click on "A Word From Our Volunteers."
Monies collected by the NFDA 9-11 Relief Fund help defray the expenses of the volunteers, with each receiving $75 per day to offset housing, travel and food expenses if they request reimbursement. As of January 9, 2002, the fund raised $46,681.63. Out of that, $3,600 has been dispersed. Additional dollars will be needed in the coming months, and NFDA asks individuals who haven't yet contributed to consider making a donation in support of the volunteers at this time. All contributions are considered tax-deductible gifts to the extent allowed by law.
Donations can be made to:
National Funeral Directors Association
NFDA 9-11 Relief Fund
PO Box 1451
Milwaukee, WI 53201-1451
You also can visit NFDA Online at www.nfda.org/september11/donate.html to make a donation.
Government Relations
IRS Increases Qualified Funeral Trusts Contributions. Internal Revenue Service (IRS) Revenue Procedure 2001-59 has increased the amount of the aggregate contributions to a qualified funeral trust under Section 685 of the Internal Revenue Code for the calendar year 2002 to $7,700 from the current $7,500. This means that a funeral trust, in order to qualify under Section 685, may not exceed $7,700 when first established. It can grow beyond the $7,700 amount as interest accumulates from year to year. However, no additional contributions may be made.
NFDA Assists in Halting Florida Ruling on Septic Waste. In 2001, the Florida Department of Health (DOH) was expected to rule funeral home septic waste as "biomedical" waste. In August 2001, NFDA sent a letter to Ed Golding at the Florida DOH explaining why funeral home waste does not meet the definition of biomedical waste under the Florida DOH regulations.
Golding stated that, after going through vast amounts of literature, including the comprehensive materials NFDA sent, the DOH decided that funeral home waste was not biomedical waste and there was a majority view that the waste is "industrial" waste. The secretary of the department has put a hold on additional rule making.
NFDA Members Attend Homeland Security Conference. As a result of NFDA's continued relationship with Representative Jim Turner, D-Texas, NFDA members were invited to participate in a one-day conference titled, "Homeland Security: Preparing for the Challenges Ahead." During the event, a group of federal, state and local experts including representatives from the Federal Bureau of Investigation, National Defense University, Texas Department of Health, Texas Department of Emergency Management, and the Texas Engineering Extension Service, discussed the challenges of America's war on terrorism. Through the Texas FDA and the Louisiana FDA, NFDA sent members to this conference, which was held January 8, 2002, at Angelina College in Lufkin, Texas.
IRS Issues New Rule for Use of Cash Method of Accounting by Small Business. In a move to simplify the accounting rules for small businesses, the Internal Revenue Service (IRS) has issued a proposed Revenue Procedure (IRS Notice 2001-76) which would allow qualified small businesses with gross receipts of less than $10 million to use the cash receipts and disbursements method of accounting. This would ultimately reduce the administrative-and-tax-compliance burdens for small-business taxpayers and minimize disputes between the IRS and these taxpayers.
NFDA members should contact their accountants and advise them of this new rule and its potential beneficial impact for funeral homes. For more information, visit NFDA Online at www.nfda.org/memberpage/govrel/roundup/2001/dec11.html.
OSHA Terminates Proposed Indoor Air Quality Standard. On December 17, 2001, the Occupational Safety and Health Administration (OSHA) withdrew its drafted Indoor Air Quality Standard and terminated the rule-making procedure. This does not affect other enacted standards that require air-quality testing, such as the Formaldehyde Standard and the Air Contaminant Standard. For more details on this issue, visit NFDA's Website at www.nfda.org/memberpage/govrel/roundup/2001/dec20.html.
Veterans Issues
NFDA Lobbying Results in Veterans Grave Marker Legislation. On December 27, 2001, President George W. Bush signed into legislation a provision by NFDA allowing the Veterans Affairs office to place a placard or bronze medallion on the graves or headstones of honorably discharged veterans. NFDA has been working with the American Legion, Veterans of Foreign Wars, Retired Offices, and several key congressional leaders for more than three years on this important legislation.
The provision provides that the Veterans Affairs office shall furnish an appropriate, expense-paid government grave marker for veterans buried in private cemeteries, regardless if the grave is marked by a headstone or marker furnished at private expense. In addition, the bill authorizes an increase in the funeral and burial expenses of veterans to $2,000 from the current $1,500 allowance, and an increase in the plot allowance from $150 to $300. This increase is another result of NFDA lobbying efforts. Both provisions are effective only for deaths occurring after President Bush signs the bill; however, the secretary of Veterans Affairs also will accept special requests for a marker to be placed at the gravesite of veterans who died subsequent to November 1990.
Thank you to all of you who contacted your members of Congress regarding this issue.
Congress Sends Improvements in Military Funeral Honors Program to President for Signature. Congress made changes to the military honors program administered by the Department of Defense. The bill, S.1438, now goes to President Bush for signature. The bill contains language suggested by NFDA. For details, visit NFDA Online at www.nfda.org/memberpage/govrel/veterans/2001/dec20.html
NFDA continues to advocate and support measures that will enhance the honor and dignity of the funeral and burials of those veterans who have served America in times of peace or war.
White Light Caskets Enters Agreement with Veterans Affairs/Veterans Canteen Service. The Department of Veterans Affairs/Veterans Canteen Service (VA/VCS) has begun to develop concession agreements with members of the funeral service community. At the release of this issue of The NFDA Bulletin, only White Light Caskets has a signed agreement with the Canteen Service, and is offering reduced casket prices to veterans. As the concessionaire, White Light must pay the VA/VCS a percent of the gross receipts for each sale, and must not represent their products as approved and/or endorsed by the VA/VCS or any element of the U.S. Government.
These agreements are not exclusive to White Light. After consultation with the VA/VCS, NFDA learned that they are willing to meet with members of the funeral service community to discuss the possibility of forming additional concession agreements.
The NFDA Bulletin
Permission to Reprint. NFDA encourages publications to reprint the material included in this or any issue of The NFDA Bulletin (unless otherwise indicated) in their publications with source attributed to NFDA. For more information on any item included in this or any issue of The NFDA Bulletin, contact Renee Gryzkewicz, NFDA's communication manager, at 262-814-1547 or e-mail rgryzkewicz@nfda.org.
Renee:MSWord/2002-Bulletin/011002.doc
Fay Spano
Public Relations Manager
National Funeral Directors Assoc.
13625 Bishop's Drive
Brookfield, WI 53005
262-814-1549
fspano@nfda.org
The following short quiz consists of 4 questions and will tell you whether you are qualified to be a "professional."
Scroll down for each answer. The questions are NOT that difficult.
1. How do you put a giraffe into a refrigerator?
The correct answer is: Open the refrigerator put in the giraffe and close the door.
This question tests whether you tend to do simple things in an overly complicated way.
2. How do you put an elephant into a refrigerator?
Open the refrigerator put in the elephant and close the refrigerator.
Wrong Answer
Correct Answer: Open the refrigerator, take out the giraffe, put
in the elephant and close the door.
This tests your ability to think through the repercussions of your
previous actions.
3. The lion King is hosting an creature conference. All the creatures attend except one. Which creature does not attend?
Correct Answer: The Elephant. The elephant is in the refrigerator.
This tests your memory.
OK, even if you did not answer the first three questions correctly, you still have one more chance to show your true abilities
4. There is a river you must cross. But it is inhabited by crocodiles.
How do! you manage it?
Correct Answer: You swim across. All the crocodiles are attending the Creature Meeting. This tests whether you learn quickly from your mistakes.
According to Anderson Consulting Worldwide, around 90% of the professionals they tested got all questions wrong. But many preschoolers got several correct answers. Anderson Consulting says this conclusively disproves the theory that most professionals have the brains of a four year old.
Send this out to frustrate all of your smart friends.
In a message dated 1/13/02 10:06:38 PM, Mflynn6705@aol.com writes: Would any Metro Boston Area Funeral Directors (all welcome, Not just Metro Boston) or Funeral Service employees be interested in a Funeral Director Night out.? Possibly Meeting every other month or so at a different location within the 128 area. or South Shore or North Shore areas. Any input would be helpful, A designated date and place would be set for each gathering. Any input to which days to have it on or time to start would be great.
Also does anyone have any input on a name to call the group of Funeral service professionals willing to participate. This is not an association to compete with another Funeral Service Association, (MFDA, NFDA) this is strictly a Social Gathering of Funeral Service Colleagues to get together & relax and have a good time.
Plese let me know what you think and if you would participate in it.
F. J. HIGGINS FUNERAL HOME
ROSLINDALE SQUARE
(617) 828-7856
PLEASE PASS THIS ON TO ANY OTHER FUNERAL SERVICE COLLEAGUES!!
In a message dated 12/12/01 2:09:36 AM, AGRAVEgal writes:
So great has been the endurance, so incredible the achievement, that, as long as the sun keeps a set course in heaven, it would be foolish to despair of the human race.
-- Ernest L. Woodward
***************************************************
A question was recently asked of me that should be answered by all licensees:
How many are experiencing problems with the organ procurement organizations not acting in a timely manner and creating unnecessary problems between funeral homes and the families they serve?
What are your thoughts or experiences (good and bad) with organ procurement. Have you been affected by the new federal regulations?
-Betty Lynn Funeral Service Viewpoint Updated December 8th.
Nebraska Woman Returns Sister's Ashes to Wal-Mart
The State of Nebraska U S A - A Nebraska woman who received an ornate box for Christmas and returned it to Wal-Mart Department Store without looking inside discovered later it contained the cremated remains of her recently deceased sister, a newspaper reported on Friday.
The Woman received the box as a gift from her brother who lives in the State of Iowa. But after unwrapping the package on Christmas Eve she saw the box had a broken knob and decided to return it to Wal-Mart without ever looking at the contents inside, the Omaha World-Herald reported.
When the woman later confessed to her brother that she had returned his gift, he told her the box contained the ashes of their sister, who had died Dec. 11, the Herald said.
The Brother, told the newspaper he was shocked when he found out she had returned the box.
"No, no, you didn't! Your sister was in there," the Herald quoted him as telling his sister, she made a mad dash back to Wal-Mart Store, but the box had already been thrown out with the trash.
The brother finally found the box on Thursday amid trash piles at an area landfill.
"My prayers have been answered," she told the Herald. "Just the thought of having her in the dump was awful."