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MINUTES OF A REGULAR MEETING
OKLAHOMA FUNERAL BOARD
4545 N. Lincoln Blvd, Suite 175
Oklahoma City, Oklahoma 73105
June 14, 2012
|Richard Dugger||Mark Riley|
|Cindy Longanacre||Chris Ferguson|
|Jim Parks||Grant Moak, AAG|
MEETING PLACE: Oklahoma State Capital
2300 North Lincoln Blvd. Room 412C
Oklahoma City, Oklahoma 73105
President Parks called the meeting to order. Board members, Dugger, Longanacre, Parks, Phenix, Pickard, Temple, and Walding were present.
Mr. Grant Moak, Assistant Attorney General was introduced as the new attorney that will advise the Funeral Board. Mr. Moak informed the Board of his background and stated that he is looking forward to working with the Funeral Board members and staff.
Motion by Longanacre second by Pickard to approve the minutes from the May 10, 2012 Board meeting. The motion passed unanimously.
Motion by Pickard second by Dugger to approve the following Apprenticeship (original) Becky Harper, Moyers, Mills & Coffey Funeral Home, Antlers; William Bryant, Bristow, Hutchins-Maples Funeral Home, Bristow; Christina Shipman, Pryor, Shipman’s Funeral & Cremation Service, Pryor; Stephen Casillas, Norman, Primrose FH, Norman; Tommy Sheppard, Broken Arrow, Nick Reynolds Funeral Service, Tulsa; and Jennifer Rogers, OKC, Advantage South Chapel, OKC. The motion passed unanimously.
Motion by Longanacre second by Phenix to approve the following; Apprenticeship (1st extension) Kendra Seever, Edmond, Hahn-Cook/Street & Draper, OKC. The motion passed unanimously.
Motion by Phenix second by Dugger to approve the following; Funeral Director/Embalmer (original) Juanita Herrera, OKC, (Funeral Director only); Kenneth DeLozier, Jr., Chelsea; Katelyn Pierce, OKC; and Laura Lussier, OKC. The motion passed unanimously.
Motion by Phenix second by Walding to approve the following; Funeral Director (reciprocal) Karyn Ezzell, Norman. The motion passed unanimously.
Motion by Longanacre second by Dugger to approve the following Establishments; Southwest Oklahoma Mortuary Service, OKC, New Establishment, Eschiti Services, LLC, Owner, Juanita Herrera requesting to serve as FDIC; Southwest Oklahoma Mortuary Service, Lawton, change FDIC from Larry Eschiti to Carol Cody; Muskogee Cremation & Funeral Service, Muskogee requests change of name from Muskogee Cremation & Funeral Service to Shipman’s Muskogee Cremation & Funeral Service; and Vondel L. Smith & Sons, South Western, OKC, requests change of FDIC from Kevin Dennis to Stephen Hopkins also requesting to serve as FDIC of multiple establishments (OKC). The motion passed unanimously.
Motion by Phenix second by Longanacre to approve the following; Crematory - Serenity Funerals & Crematory, LLC, Tulsa change name from Serenity Funerals & Crematory, LLC to Serenity Trade Work and Oklahoma Cremation Service, OKC (13CM) request to change of FDIC from Kevin Dennis to Derek Czajkoski. The motion passed unanimously.
Motion by Dugger second by Longanacre to dismiss complaint 12-31 regarding merchandise and contract issues. The motion passed unanimously.
Motion by Longanacre second by Dugger to dismiss complaint 12-32 regarding allegations of unlicensed embalming. The motion passed unanimously.
Motion by Walding second by Temple to dismiss complaint 12-33 regarding condition of remains. The motion passed unanimously.
Oklahoma Funeral Directors Association Director Jay Baines offered no monthly report. After a question from Board member Parks, Jay Baines stated that no names had been submitted from OFDA to the Governor’s office regarding the open appointment for the Board.
Assistant Attorney General Grant Moak had no report because of his short time with the agency.
No new business was discussed
Agency Deputy Director Chris Ferguson reported on the Board staff’s attendance and participation at the S.E.N.D.A. Convention. Mr. Ferguson also notified the Board of the death of former Executive Director Terry McEnany.
Agency Executive Director Mark Riley reported FY12 to date and May 2012 financials. He then asked to Board to notice that staff member Laura Lussier had received her license earlier in the meeting and informed the Board she may be leaving the employ of the agency soon.
Motion by Parks second by Walding to approve Mike Phenix as Board President for FY13. The motion passed unanimously.
Motion by Temple second by Pickard to approve Cindy Longanacre as Board Vice-President for FY13. The motion passed unanimously.
After discussion a motion by Longanacre second by Parks to approve the adoption the Foundation of Association of Regulator Boards. (FARB) model code of ethics. The motion passed unanimously.
After discussion a motion by Parks second by Pickard to approve an attendance policy whereby after 3 consecutive missed meetings, the Board member is expected to resign from the position unless the absences are approved by a simple majority of the Board. The motion passed unanimously.
After discussion a motion by Dugger second by Parks to continue the monthly meetings of the Oklahoma Funeral Board.
Regarding FY11 and FY12 failed legislation a discussion by Dugger to follow the American Boards directive regarding severing of the Funeral Director and Embalmer license. It was also stated that Rep. Mike Sanders has not worked with the Funeral Board or Staff regarding changes to the licensing Statutes which has resulted in two Bills being killed in committee. Dugger assured the Board that his participation will change and staff was directed to write a letter to the American Board encouraging them to take steps toward this discussion at a meeting of the Board of directors. No votes were taken.
Regarding first calls and removal Statute language a discussion by the Board with consensus to work toward amending the Statute to not require a licensed funeral director to be physically present for first calls when the family is present. No votes were taken.
Regarding the 60 hours of additional education for license a discussion by Parks that the Funeral Director in Charge needs to be a licensed funeral director and embalmer to defend to the public and to help hold down cost. Moak will look into the rational basis for the 60 hours. Longanacre spoke regarding the Nursing professions and the requirements that only amount to an associate’s certificate. Parks indicated that the UCO Funeral Service Department only graduated 17 students this past year in which only 10 could pass the licensing exam and that he is concerned about the programs longevity. Dugger stated that the UCO Funeral Service Department will be around as long as Oklahoma is a State. No votes were taken.
Regarding the FY12 failed Rules a discussion by Board to include in future bills the fees in one bill and necessary agency needs in another bill. Dugger suggested that staff look at other states fees, but also mentioned that fees are necessary for the future of the agency. No votes were taken.
Regarding forgery to prohibited acts a discussion and consensus to add forgery to prohibited acts in the proposed rules for FY 13. No votes were taken.
Regarding moving the date to have items before Board Meeting to Board staff. A Discussion and consensus to change the date of having items to Board staff for Board meetings from 7 days to 14 days ahead of time. This will need a Rule change. Parks suggested that if you fail an inspection the Board may disapprove the applications causing the applicant to re-apply. Dugger suggested that a re-inspection fee of $250.00 might be added to the Rules. No votes were taken.
Regarding the apprenticeship program. Dugger suggested that the office move to quarterly reports and oral exams. Pickard liked the oral exams when he previously served on the Board. Longanacre suggested we move to quarterly reports. Parks added that annual reports might be necessary. Staff was directed to work on the reports and report back to the full Board. If any change will be conducted it would be though agency Rules. No votes were taken.
Regarding the FY13 Budget, Parks suggested that all nonessential travel be halted including traveling to OFDA district meetings. Dugger suggested that staff still travel to OFDA district meetings. Motion by Parks, second by Pickard to halt all nonessential travel withdrawn by Parks. Motion by Parks second by Longanacre to halt all nonessential travel and conduct inspections only as directed by the Agency Director. Voting yes were Longanacre, Parks, Phenix, Pickard, Temple, and Walding. Voting no was Dugger. Motion by Parks second by Walding to approve FY 13 budget. Voting yes were Longanacre, Parks, Phenix, Pickard, Temple, and Walding. Voting no was Dugger.
Board member Longanacre left the meeting
Regarding inspections a discussion to not require annual inspections, but for them to take place as needed and determined by the Executive Director. No votes were taken.
Regarding agency consolidation a discussion ensued as to which agency the Funeral Board might be rolled into if the legislature wished to do so during the 2014 agency sun set review. No action taken.
Motion by Parks second by Walding to enter into executive session pursuant to25 O.S. Supp 1998, Subsection 307 (B) (1) Discussing the employment, hiring, appointment, promotion, demotion, disciplining or resignation of the executive director, deputy director, inspector, or secretary. The motion passed unanimously.
Motion by Parks second by Walding to come out of executive session. Only this case was discussed and no votes were taken. The motion passed unanimously.
Motion by Parks second by Walding to give the Executive Director and Deputy Director a vote of confidence and to apologize that a cost of living adjustment can not be applied. After a thank you from each Board member a voted was taken. The motion passed unanimously.
Motion by Parks second by Pickard to adjourn the meeting at 12:27pm. The motion passed unanimously.