ICCFA Magazine August-September 2019

August-September 2019
MAGAZINE
CEMETERY CREMATION FUNERAL
Legal &
Legislative
2019 Update:
Review of the
Funeral Rule
is this year
• Fells reflects
on his decades
of ICCFA service
• Caressa Hughes
on lobbying
• Managing in
the stoned age:
Changing
cannabis laws
• Meeting
RFK’s grandson
• Arbitration
pros and cons
• Dealing with
interest rates
• Isard on the
changing times
• Robot mowers
at Woodlawn
• Why services
are important
• PPC as the key
for at-need calls
• The cure for
procrastination
• How much cash
should you keep?
D o n ’ t m i s s t h e E xe c u t i v e L e a d e r s h i p S u m m i t , S e p t e m b e r 2 5 - 2 7 , 2 0 1 9
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August-September 2019
International Cemetery, Cremation and Funeral Association®

Promoting consumer choices, prearrangement and open competition
Providing exceptional education, networking and legislative guidance and support

to progressive cemetery, funeral and cremation professionals worldwide
20 LEGAL
Funeral Rule review only one of four issues ICCFA representatives
stressing In 2019, the ICCFA Government and Legal Affairs Commit-
tee brought more members than ever to its annual visit to Capitol Hill.
Good thing, because the committee had several major issues to talk
to members of Congress about, including but not limited to the long-
awaited review of the Funeral Rule.
Bob Fells, Esq., and Poul Lemasters,
Esq., by the Federal Trade Commission 22 ICCFA members who came to D.C. to discuss issues with
logo after meeting with FTC staff in May Congess
to discuss the review of the Funeral 30 ICCFA’s bi-partisan approach to lobbying Congress
Rule. Fells is retiring as ICCFA general
counsel after almost four decades. 32 LOBBYING
Lemasters, who has been ICCFA crema- Learning to lobby: Caressa Hughes on how to win friends & influ-
tion counsel and co-chair of the associa- ence people—and votes Exactly how do you go about lobbying for
tion’s Government & Legal Committee, or against legislation that affects—or would affect—how your funeral
succeeds Fells as general counsel.
home, cemetery or crematory operates? by Susan Loving
40 POLITICS
10 Editor’s Letter Meeting John Kennedy III 55 years after campaigning for his
My final words (in these pages) grandfather by Ed Horn, CCE
by Susan Loving
42 LEGAL
12 Washington Report Weighing the pros and cons of arbitration provisions Including an
Where did four decades go?
arbitration provision in contracts is something every funeral home and
by Robert M. Fells, Esq.
cemetery should at least consider doing. But first, learn more about the
69 Supply Line
pros and cons of arbitration.
70 Book review: Interment issues
45 It’s not just a payment: Five things you should include in your
of the future
settlement release agreement
72 Update
by Poul Lemasters, Esq.
77 New Members
48 HUMAN RESOURCES
82 Calendar
Managing in the stoned age: Cannabis legalization and its impact
82 Classifieds on employers. State laws concerning the use of marijuana, whether
82 Ad Index recreational or medicinal, are undergoing rapid changes across the
country. Employers need to stay abreast of how these changes affect
their policies on drug use and hiring, disciplining or terminating
ICCFA news employees. by Charles Shute, Esq., Michael Pepperman, Esq.,
78 ICCFA General Counsel Robert M. and Ivo Besica, Esq.
Fells retires 52 FINANCES
78 Membership Outreach Corner: Dealing with low interest rates What can a cemetery manager do
Report from Ohio when the money generated by the endowment trust fund is not keeping
79 ICCFA Magazine Managing Editor up with the need for income? by Jack Stepanek
Susan Loving retires 54 FUTURE STUDIES
79 Membership benefit spotlight: As Dylan sang, the times, they are a-changin’—even for funeral
Discounts on Orlando vacation homes & cemeteries Both funeral homes and cemeteries need to
80 Executive Leadership Summit: change with the times. In some cases, this means changing your mind-
4 ICCFA Magazine “Like” the ICCFA on Facebook & friend “ICCFA Staff ”
Sterling Silver 925 Ashes Jewelry
ewelry
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L OV E U R N S . CO M
Reach new heights with your man- TABLE OF CONTENTS
agement skills at ExLS
81 Apply for your certification this August set and how you do business. In others, it means working to change
for fall consideration laws and regulations that are out of date. by Dan Isard, MSFS
81 Upcoming ICCFA events 56 ESSAY
Why funeral and memorial services are important Whether it’s a fu-
neral, memorial service or celebration of life, holding a public event in the
wake of a loved one’s death is an important step in remembering that life
Catch the WIRELESS newsletter in your in its totality and beginning to heal. by the Rev. William L. Sachs, PhD
inbox for industry news, stories about colleagues
58 PROFESSIONAL DEVELOPMENT
making headlines and updates on ICCFA
The 2 1/2 minute manager: The cure for procrastination
educational events & conferences
by Todd W. Van Beck, CFuE
Follow the ICCFA’s LinkedIn 61 MAINTENANCE & TECHNOLOGY
page to read breaking news about Robot mowers Lucy & Fred get a try-out at Woodlawn Cemetery
colleagues, the profession and the Robots are becoming more visible as they take on more tasks previ-
association ously performed by people. Can robots do some of the work involved
http://bit.ly/2du252P in maintaining cemetery grounds? Mitch Rose of The Woodlawn
Cemetery & Conservancy decided to find out. by Mike Veney
Follow the ICCFA on Twitter
to receive instant updates on the 64 MARKETING & TECHNOLOGY
association’s educational events PPC is the key to quickly generating at-need calls At-need calls
& conferences are important, no matter how strong your pre-need sales are, so you
http://twitter.com/iccfa need to make sure you’ll show up atop the listings when someone in
an at-need situation searches for “funeral home” on their smartphone.
Like and follow the ICCFA by Welton Hong
to read up-to-date news on the
industry, ICCFA members making 66 MANAGEMENT: FINANCES
headlines and ICCFA events & How much cash should your business keep on hand?
promotions by Dan Isard, MSFS
ICCFA calendar go to www.iccfa.com for program, registration & scholarship info
2019 2020 Wide 2020 ICCFA

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ICCFA officers Cremation and Funeral Association. Subscription

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1.800.645.7700, ext. 1214 Copyright 2018 by the International Cemetery,
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Editor’s letter
by Susan Loving
My final words (in these pages)
I
have written very few of these columns sharing information so that all can do a better
because I’ve never worked at, much less job of helping families.
run, a cemetery, crematory or funeral The challenges death care organizations
home. It seemed sensible to fill the pages face today are considerable. Sometimes I
of this “how-to” magazine with stories by think I’m the only baby boomer in the U.S.
or interviews with people who do have the who wants a traditional burial. When people
background and experience to talk about find out where I work, they automatically
how to better serve families. I’ve resurrected blurt out, “Oh, I’m just going to be cre-
this column one last time to say goodbye as I mated,” as if they fear I’m about to launch
retire after 20 years at the ICCFA, more than into a preplanning presentation on the spot.
19 of them as editor of the magazine. Then I have to weigh whether or not it’s
➤Loving began working for the ICCFA I don’t have any parting words of wisdom, the proper time and place to point out that
in July 1999 as assistant in the commu- but the fact is, my opinions increasingly have choosing cremation has nothing to do with
nications department after a career as a been reflected in the pages of the magazine, whether or not you’ll have a funeral service
newspaper reporter, editor and page de- in the stories I’ve chosen to write. This is or placement at a cemetery.
signer. In March 2000, she became editor particularly true in our January and March- My brothers and I were handling funeral
of ICCFA Magazine and held that position April issues, which don’t have a theme such arrangements for our mother when I was
until retiring in July 2019. as “mausoleums” to dictate the choice of working on this issue. It had been almost
➤She plans to have a traditional burial cover story. I can put whatever I want on nine years since our father’s death, and I
(in the far future, she hopes), albeit with a those covers, and the topics I’ve focused was impressed by the changes in the funeral
“green” casket, in a cemetery in her home on often have reflected what I personally home. (We used the same one Mom had
town where many relatives are buried. She think is important to the future of the death chosen when Dad died.) A sweet grief
has given her brothers guidelines for her care profession, including hospitality (many therapy dog was greeting people in the lobby.
funeral, but details will be up to them. event centers have been showcased) and Our director was very young—she had just
(And for those of you who have wondered: sustainability (“green” issues). passed her licensing exam—but very good,
As far as she knows, she is not related to I hope I’ve made it clear, through inter- and a funeral celebrant, so if I hadn’t had
the Lovings of Loving Funeral Home in views of and articles by Glenda Stansbury, Glenda on speed dial, we would have used
Covington, Virginia, but Loving Funeral CC, and other celebrants, that I feel strongly her. The selection room was gone, converted
Home in Portsmouth, Virginia, is owned
about funeral homes and cemeteries making to a reception room. Casket selection was
and run by cousins.)
frequent use of trained celebrants. As more done via viewing on a flat screen. I uploaded
and more people skip holding a service, every photos directly to the funeral home’s DVD
family who does come to you for a funeral, provider, but they do have a system in place
memorial or graveside service must be to scan and upload photos for families.
given the most personalized and memorable Everything was handled beautifully, and
experience possible, and I believe celebrant my frugal mother’s estate covered the costs,
training is the key. but as my brother was writing the check, it
I’ve also tried to highlight the smart and suddenly dawned on me why a neighbor who
creative community outreach being done by had died two weeks earlier had donated his
many funeral homes and cemeteries, hoping body to science. He battled cancer and other
to inspire others to expand their own efforts. ailments for years, and his widow also has
February 2007: Tom Smith & Tom Pfeifer Community outreach is crucial to the future been treated for cancer. Paying for a funeral
talk “reduce, reuse, recycle.” of your cemetery or funeral home. If the only simply wasn’t in the cards for them, and I’m
January 2013: Glenda Stansbury CC. time people think about your organization is sure for many others.
when they have to plan or attend a funeral or What will death care look like in 10 or
burial service, and fewer and fewer of those 20 years? Will most of the death care profes-
are being held ... well, that doesn’t sound like sionals I’ve gotten to know still be in the
a winning strategy. industry, or, like most of my former news-
I admire the work the people in this paper colleagues, will they have been forced
profession do. I used to work with the general to change careers? I’ll end on a promotional
public (as a newspaper reporter and editor), note: I truly believe involvement in the
so I know how difficult that can be under ICCFA, attending its superlative educational
the best of circumstances. I’m still a bit programs and networking with the friendly
amazed at how genuinely nice and generous and knowledgeable people you’ll meet, is
December 2001: Community outreach
at Lakeview Cemetery. January 2018:
association members are about contributing your best investment if you plan on staying.
Sunset Gardens’ event center. to the magazine, volunteering their time and I wish you all the best. r
smart phone scan Property in photo is Fairview Cemetery, Westfield, NJ, Merendino client since 2005
Washington Report
by ICCFA General Counsel
Robert M. Fells, Esq.
➤Fells was ICCFA
general counsel,
responsible for main-
taining and improving
relationships with feder-
al and state government
agencies, the news
media and consumer
organizations, from
1983 to June 30, 2019.
➤ Fells worked on
behalf of the cemetery and funeral service
profession on legal and legislative issues
since 1975 and joined the ICCFA staff
in 1983. He previously retired from his
position as the association’s executive
director, which he held for six years.
Bob Fells in 1985, two years into his tenure with the association, talking to Larry
Anspach, CCE, and Gary Masteller.
Where did four decades go?

I
wrote my first Washington Report energetic, and while not every member
column in the spring of 1983, and liked him, after a time I decided that I did
except for inviting an occasional guest like man.
columnist, I’ve never missed writing one I had come from an antitrust law firm,
in 36 years. I even recall writing at least and the cemetery industry was dealing
ICCFA President Kevin Daniels, CCE, two columns from a hospital bed. with two major antitrust lawsuits brought
presents the Hall of Fame award to The one you’re reading now is my final by monument builders in federal courts.
Fells at the 2011 ICCFA Convention. column before my retirement, so I can’t The ACA was busy raising funds among
help reflecting on the major government our members to help the cemetery
➤ In 2011 Fells was inducted into the ICCFA
Hall of Fame in recognition of his work on
and legal issues we’ve covered over these defendants pay their sizeable legal
behalf of the association and the cemetery, many years. I not only covered them but expenses. In my review of the ACA’s
cremation and funeral industry. I lived with them, as they affected the insurance policies at the time, I noticed
ICCFA membership. that our own antitrust coverage was
➤ He has published
a number of books.
History doesn’t neatly divide into years very limited, so I recommended that the
His latest, “The Curse or decades, but I find there’s a symmetry in coverage be substantially increased. Steve
of the Tomb,” brings the way important developments unfolded readily agreed.
back Maj. Alexander that we reported in this column. By 1984, federal courts in Oregon
Armstrong, who featured and Missouri held that the defendants
in two previous books. The 1980s were liable for money damages due to an
The discoveries of I began work as general counsel in illegal conspiracy to restrain trade in the
the royal tomb of King February 1983 for what was then called installation of memorials. Some of the
Tutankhamen creates a huge black market the American Cemetery Association defendants went out of business as a result
in forgeries of antiquities where the stakes (ACA), because our regular members were of the verdict.
include murder, and the British government
exclusively cemeteries. I was hired by Then the plaintiffs’ lawyers launched a
seeks assistance from the Americans.
Executive Vice President Steve Morgan series of similar “cookie cutter” lawsuits
and I am happy to acknowledge that I against cemeteries in Pennsylvania,
learned a lot from Steve over the 14 years Florida, Kansas, Arkansas and elsewhere.
I worked for him. He was smart and However, this time there was a big
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difference. Now the ACA was also named head with the notorious Rev. Rul. 87-127
as a defendant in three of the lawsuits, and in 1987. This had an adverse impact on
I could see where my antitrust background the accounting for pre-need funeral trust
was going to come in handy. income and would become a problematic
These developments were duly reported issue in one form or another from then to
in this column. Thanks to our upgraded this very day. More on this below.
insurance policies, our litigation expenses
were covered, and the ACA continued The 1990s
raising funds for the defendants in the The Funeral Rule review that began in
various states. 1988 continued into 1991, and the FTC
In time, I suspected the plaintiffs’ report was not published until 1994. The
Bob Fells at the staff table during the
attorneys regretted suing the ACA because, Washington Report duly covered hearings
association’s 1985 convention.
as a defendant ourselves, we brought in a that were held over a period of months
high-powered antitrust law firm to assist in Washington, D.C.; Chicago; and San
the other defendants’ lawyers. Eventually, Francisco. I was part of the road show and,
all but one lawsuit was amicably settled, like Perry Mason, I cross-examined dozens
but for years we lived with the threat of of witnesses and exposed flaws with
ruinous money damages hanging over our surveys and other materials offered into
heads. evidence against our members.
At one point, I found it necessary to The industry news media quoted many
offer my resignation as general counsel. individuals claiming the FTC was certain
This occurred when a few individuals felt to expand the rule to include cemeteries.
the ACA should not settle the litigation and Furthermore, some said the ACA should
criticized Steve Morgan and myself at a stop opposing the move to cover cemeter-
Board of Directors meeting. It was nasty ies and get on board with it. We vocally
business, and as soon as I could speak to disagreed.
Steve, I said to him: “Your general counsel In addition to cross-examining
should not be a source of criticism against witnesses, I prepared ACA witnesses
you. Since apparently I am, I offer you my such as Dave Daly, Jim Watkins and Paul
resignation.” Steve waved away my offer Elvig to testify, and developed materials
to take the blame and over the following they offered into evidence. The stakes
six months he adroitly turned the entire were high because we were bucking the
situation around. conventional wisdom that cemeteries
As the 1980s drew to a close, two would certainly come under a revised
Bob Fells speaking at the association’s huge events were reported in this column. Funeral Rule. We held our breath when
1988 convention. The first was the first review of the FTC the commissioners approved the staff
Funeral Rule, which had taken effect report and recommendations. The decision
in 1984. The 1988 review involved was that the Funeral Rule would not be
the possible expansion of the rule to expanded to cemeteries or other sellers.
cemeteries and other sellers. The 1990s saw the increase in
The second big issue was the last of the acquisitions of scores of funeral homes and
monument builders antitrust lawsuits in cemeteries by the public corporations and,
Arkansas. The plaintiff refused to settle, perhaps as a result of the ACA’s successful
and we went forward with a full-blown advocacy in litigation and in the Funeral
jury trial. The jury found in our favor—for Rule proceedings, the companies agreed
all defendants, but the plaintiff appealed to join all of their properties as ACA
the verdict to the U.S. Court of Appeals members. This meant that the association’s
and even raised issues he hadn’t brought government and legal affairs program
up at the trial. had to expand to advocate for issues
The three-judge panel upheld the jury affecting funeral homes and crematories,
verdict in our favor and, in reviewing the in addition to cemetery issues. This meant
new claims the plaintiff didn’t raise at a total reorganization and expansion of the
trial, the appeals court ruled in our favor Government and Legal Affairs Committee.
Bob Fells (right) at the FTC Funeral rule on those, too. So we enjoyed a complete For years, Irwin Shipper had filled
hearing in San Francisco in January victory, making it difficult for plaintiffs to the job nobody else wanted, chairing
1989. Next to him is Shale Lapping, who
bring these types of lawsuits in the future, the Government and Legal Fundraising
was representing CANA at the hearings.
“We worked closely together, and he
and ending the existing ones. Committee. Indeed, he found himself
helped me a lot.” However, a tax issue reared its ugly a committee of one, but he was truly
tireless in his efforts. The leadership soon use today—and available on the ICCFA
decided that Irwin should chair the main website.
Government and Legal Affairs Committee. The 1990s ended with a sense of déjà
It was an annual appointment made vu, since once again the FTC Funeral Rule
by each incoming president, and every came up for review. Unlike the previous
president reappointed him for the next 25 review where hearings were held in three
years until he decided to step down. This major cities, the 1998-99 proceedings
began an incredible quarter century run were streamlined. It consisted of the FTC
of successful results on every major issue soliciting public comments followed by an
the committee was involved in. If “good all-day roundtable discussion in November
karma” counts for anything, we certainly 1999 in Washington.
had it all through those years. The ICFA again opposed the expansion
I have often been asked by people of the rule to other sellers, among other
outside our association how the various issues. I worked closely with Paul Elvig,
Above, Irwin Shipper, CCE, and Bob funeral industry segments manage who acted as the association’s spokesman
Fells at the 1998 ICCFA Annual Con- to cooperate among themselves on at the roundtable. The transcript of that
vention and, below, in 2010 during the
governmental issues. My answer was day can be found on the FTC website
Government and Legal Affairs Commit-
tee legislative visits on Capitol Hill. simple and direct: since the Middle Ages, if you want to admire the adroit way
fierce competitors have put aside their Paul handled himself. Yet for all the
rivalries to work together on issues that streamlining of this particular review, the
mutually challenged them. Funeral homes FTC did not publish its final report until
and cemeteries are no different, and that’s almost 10 years later—and the rule was not
how they managed to work together so expanded.
smoothly.
In the late ’90s, this column announced The 2000s
a major project that caused some contro- Members reading this column in the first
versy. The leadership decided that the few months of 2000 would have been
association would develop guidelines for surprised to learn that the U.S. Senate
model state laws on a variety of important Special Committee on Aging was holding
issues. This came about because we were its first ever hearing on funeral industry
increasingly asked by state associations sales practices. This April hearing was held
and even by state legislators for our over two days and was broadcast (and later
position on issues. re-broadcast) over C-Span. We secured an
Naturally there were concerns that invitation for the ICFA to testify and, once
the association—by then renamed the again, Paul Elvig agreed to venture into the
International Cemetery and Funeral lion’s den.
Association (ICFA)—might venture into Shortly afterwards, members of
state legislatures and start lobbying for Congress did something affecting our
our positions, perhaps in disagreement industry that had never occurred before,
with the state associations. Nothing was going back to the first Congress in 1789.
further from the truth, and once the state For the first time, federal legislation was
associations understood that our model introduced to specifically regulate funeral
guidelines were a tool for them to use homes, cemeteries and crematories.
(or not) as they pleased, support for our The first bill was introduced in the
guidelines was assured. Senate by Christopher Dodd (D-CT),
The ad hoc guidelines committee was who repeatedly re-introduced it into three
chaired by Diane Kauffman, who adroitly subsequent Congresses until he retired.
maneuvered through the many egos of Then Rep. Bobby Rush (D-IL) introduced
those who had their own ideas of what legislation to regulate cemeteries that was
the guidelines should say. I think it’s fair actually voted favorably out of the House
Bob Fells in his office at ICCFA head- to say that without Diane’s expertise, the Energy and Commerce Committee. He
quarters when they were located in
project would have fallen apart early on. too re-introduced his bill in subsequent
Reston, Virginia. They were moved to
I couldn’t have done it and, frankly, I don’t Congresses. Other Congressional members
Sterling, Virginia, in 2005.
know of anybody else who could have offered their own funeral industry bills,
done it, either. but they did not place much effort behind
The committee eventually developed, getting them passed.
and our Board of Directors approved, However, these “shots across our
a total of 28 model guidelines still in bow” got our attention, and the leadership
th e u l ti m ate in
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Visit the new and improved www.iccfa.com August-September 2019 15

quickly recognized that the ICFA needed

to establish a political action committee
(PAC). President Bill Wright (2002-
2003) saw the pressing need for such a
PAC, and thanks to his leadership it was
quickly created. Bill personally raised
contributions for the PAC for several years
thereafter and then Paul Elvig carried it on
effectively.
Early in 2006, under the leadership of
In 2006, the association’s Government Bob Fells talks during a 2007 meeting
President Ray Frew, we began our annual
and Legal Affairs Committee started in Washington, D.C., to discuss how the
Capitol Hill visits where we schedule industry could cope with mass fatalities
making regular visits to Capitol Hill
to build relationships with legislators.
appointments with key members of the in the case of a catastrophic scenario.
From left, Bob Fells; Caressa Hughes; Senate and House of Representatives, and To his left are John Fitch of NFDA and
Irwin Shipper, CCE; Rep. Shelley we also meet with FTC staff. That first trip Linda Darby of Trigard Vaults.
Berkely (D-NV); Larry Anspach, CCE; was scheduled for February, which could
and Mike Doherty, CCE. have been problematic because of the
winter weather. Indeed, only a few days
prior to our trip, the Washington area was
blanketed by several inches of snow. But
by the time our Capitol Hill “gang” arrived
in the capital, the temperatures were in the
60s. I think somebody up there liked us.
We all know how the millennium got
off to a traumatic start with the terrorist
attacks on September 11, 2001. The
Joseph Hayes, SCI counsel, speaks at
federal government decided to establish the annual legal and legislative review
a partnership with the private sector—the at the 2006 ICCFA convention. Also on
first such effort since World War II—to the panel were Irwin Shipper, CCE; Bob
develop “catastrophic scenario” plans to Fells; association special tax counsel
cope with mass fatalities. Les Schneider; association special HR
Among other industries, the funeral counsel Mike Pepperman; and ICCFA
trade associations were tapped and an Past President Bill Wright, CCE.
initial two-day meeting took place at Fort
Monroe, Virginia, in 2006. I attended for This report was a follow-up to a GAO
the ICFA, and CANA, the NFDA and the study published in 1999. The findings in
Catholic Cemeteries, among others, were GAO reports can be used by Congress
all represented. This initial session went as the justification for introducing and
so well that it was later formalized into a passing new laws.
series of ongoing meetings in Washington, Since GAO investigations are not
Steve Schacht, CCE, and Bob Fells by
D.C., that continue today. public, interested parties cannot ask to
the U.S. Capitol building during one of
I was invited to apply for a federal testify. However, we offered our assistance
the Legal and Legislative Committee’s
Capitol Hill visits to meet with legisla- security clearance so I could participate and they took us up on it. We provided the
tors on both sides of the aisle. in confidential sessions not open to other GAO with factual data on state laws and
participants. I maintained that clearance regulations, establishing that regulation at
for many years and the group successfully the state level was much more extensive
developed plans to deal with a mass than our critics were claiming. The final
fatality event that normally would have report essentially held that while states
overwhelmed the resources of the public could do a better job, there were no glaring
and private sectors. Frankly, it was deficiencies.
unpleasant work because we had to think Perhaps due to this Congressional
through the unthinkable, but we did it. attention towards our industry, a number
The federal government’s interest in of major magazine and newspaper
Bob Fells with Government and Legal our industry continued, and in 2003, the stories began appearing (i.e., The New
Affairs Committee Chair Keenan Knopke Government Accountability Office (GAO), York Times, Better Business Bureau,
at the offices of Dykema, the associa- the investigative arm of Congress, initiated AARP) that castigated funeral homes and
tion’s lobbying firm since 2017. a review to determine how effectively state cemeteries. These typically used a handful
funeral laws were protecting consumers. of anecdotes with the implication that these
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You know you’re going to have a bad day

when you are told that a producer from the CBS News show,
“60 Minutes,” is on the phone and wants to speak to you.
incidents were widespread. and repeat it now, that Paul Elvig was the
We responded with fact-based only person in all of the ICCFA who could
rebuttals and circulated our responses to have done that. Certainly, there were no
government agencies and key members volunteers offering to take his place.
of Congress. During these years we also Only about 10 minutes of footage was
filed Freedom of Information Act (FOIA) used in the televised show, but checking
requests with the FTC to obtain their files the ratings I found that over 10 million
Paul Elvig and Bob Fells on the “60 Min-
utes” set in 2011 where Elvig sat down
on funeral-related consumer complaints. people watched that night. In fact, it was
with Anderson Cooper for an interview. The data proved that consumer complaints the most-watched program in its time
were few in number, and we circulated this slot. How well did Paul do under the
information as part of our rebuttals. Many grilling? One of our members summed it
of these documents are available today on up perfectly. He said, “Cooper never laid a
the ICCFA website. glove on him.”
The decade of the 2000s also saw the A trend has emerged in the last few
association, renamed ICCFA in 2006 to years where the issues confronting us have
acknowledge our crematory members, been fewer in number but also much more
become increasingly involved as a complex. For example, in 2014 a major
“friend of the court” or amicus curiae. upheaval in the business sector occurred
Various states maintained—and some when President Obama directed the
still do—anticompetitive laws mandating Department of Labor to “modernize and
Bob Fells and ICCFA Past President who is permitted to sell various funeral streamline” overtime regulation.
Paul Elvig prepare in 2010 for Elvig’s merchandise. The newly amended regulations would
testimony before a House subcommittee The ICCFA was asked by state have jumped the minimum salary level for
on the proposed Bereaved Consumers associations to join them as a third party exempt employees from $455 per week
Bill of Rights Act, sponsored by Rep. in obtaining declaratory judgments ($23,660 annually) to $921 per week
Bobby Rush (D-IL). to invalidate such laws. So I began ($47,892 annually). The ICCFA worked
researching and writing legal briefs to file with a coalition of industries to protest
in several federal jurisdictions to assist in making such a huge hike in only one
these efforts. In one case, we filed a joint adjustment. A federal court agreed with
brief with the Funeral Consumers Alliance, our concerns and the increase was blocked
which was a first. All of these activities from going into effect.
were duly reported to our members in this Another example of the increased
column. complexity involves new types of death-
care-related businesses that have attracted
The 2010s Congressional oversight. In particular
You know you’re going to have a bad day are proposals to regulate the trafficking
when you are told that a producer from the in body parts, organs and tissue for non-
CBS News show, “60 Minutes,” is on the transplant purposes. There is no federal
phone and wants to speak to you. regulation of this business activity and
This happened to me early in 2011, very little state regulation, and abuses
Larry Anspach, CCE, reads over some when we learned that CBS wanted an have been documented, especially in a
material while Paul Elvig and Bob Fells on-camera interview with an ICCFA recent and widely publicized seven-part
confer while waiting to see Sen. John representative to discuss the lack of investigative report by Reuters and an
Barrasso (R-WY) during the 2015 Capitol consumer protection laws for funeral ongoing FBI investigation.
HIll visits. merchandise and services. Our star More importantly to our association and
witness, Paul Elvig, was game, and we met its members, some funeral homes have a
in New York City at the offices of CBS business relationship with “body broker”
News. companies and can be implicated in
The interviewer was Anderson Cooper, wrongful conduct by these companies.
and we spent 90 minutes (not 60) facing There is currently a bill pending in
the lights and cameras during Cooper’s the House, H.R. 1835, The Consensual
relentless questioning. Paul handled Donation and Research Integrity (CDRI)
himself remarkably well and I said then, Act of 2019, which is supported by
the ICCFA. Our Capitol Hill team has use the accrual method of accounting and, The ICCFA has been fortunate to
discussed this legislation with several key therefore, income recognition must match have many dedicated volunteers who
members of both houses. I expect we will the revenues reported on the business’s contributed their time, talent and treasure
be hearing much more about this issue financial statements. while running businesses of their own.
in the months ahead as it receives more The ICCFA has filed comments There’s a snarky remark about how
attention from Congress and the news with the IRS expressing our concerns volunteers are only as good as what you
media. with this distortion of income and pay them, but I can tell you from first-
Just last year, a cutting-edge decision expenses, and has brought details of the hand experience that members like Irwin
by the federal courts involved a funeral adverse consequences to the attention of Shipper, Paul Elvig, Bill Wright and
home’s alleged wrongful termination of a congressional leaders. deceased members such as Dave Daly, Jim
transgendered employee. The appeals court Before the end of this year the FTC Watkins and Herschel Auerbach, as well
found the mortuary liable for damages. should announce the beginning of the as many others, could not have been more
At this writing, the case is now pending fourth Funeral Rule review. But even dedicated to the ICCFA if they were being
before the U.S. Supreme Court. Talk about that “old” issue has a new controversy: paid a million bucks.
a complicated issue. FTC staff is exploring a requirement that I believe this is the strength of this
Other new issues just recently emerged funeral home must post their prices online, association. Moving forward with our
as a result of last year’s Tax Cuts and Jobs and this seems to be the major focus in the Government and Legal Committee
Act that eliminated itemized deductions upcoming rule review in 2020. Chairman Keenan Knopke and the record
for trust investment advisory fees. This column has functioned as a sort number of members who have joined the
A second and potentially more harmful of bellwether as issues emerged and committee in the past couple of years, I
effect of the new tax law involves the unfolded. I think it’s fair to say that the see this same great synergy, or esprit de
recognition of the full amount of income constant factor during all this time is the corps or, as I like to call it, good karma,
from pre-need sales without being able to constant growth of the federal government continuing with the new generation of
take an offsetting deduction for the cost that result in more issues, more laws and leaders successfully handling every new
of goods sold. Businesses with more than regulations and more challenges than we issue that comes our way. r
$25 million annual gross receipts must have ever faced before.
Gra veliner Ultima Standard
S t a n d a r d U r n Va u l t
ICCFA Magazine spotlight
kknopke@ L E G A L & L E G I S L AT I V E U P D AT E
curlewhills.com
➤Keenan Knopke, In 2019, the ICCFA Government and Legal Affairs Committee
CCFE, is co-chair of
the ICCFA Government brought more members than ever to its annual visit to Capitol Hill.
and Legal Affairs Com-
mittee.
Good thing, because the committee had several major issues
➤Knopke is president to talk to members of Congress about, including but
and CEO of Curlew Hills
Memory Gardens, Palm
not limited to the long-awaited review of the Funeral Rule.
Harbor, Florida. He
previously served as a regional president
for Stewart Enterprises and as president
of Garden of Memories. He received his
associate’s degree in funeral service and
mortuary science from Miami Dade Col-
lege, Florida.
➤He served as president of the Florida
Cemetery, Cremation and Funeral Associa-
tion, 2010-2011.
513.407.8114
poul@lemasters
consulting.com
➤Poul Lemasters,
Esq., is principal of
Lemasters Consulting,
Cincinnati, Ohio.
www.lemasters
consulting.com
➤He has been the
ICCFA’s cremation pro- The congressional offices are north and south of the U.S. Capital.
gram coordinator and
special cremation counsel, and co-chair of
the ICCFA Government and Legal Affairs
Funeral Rule review only one of four
Committee. As of July 2019, he is ICCFA
general counsel and therefore staff liaison
issues ICCFA representatives stressing
rather than co-chair of the ICCFA Govern- Keenan and Poul, you are now in for-profit business. Two are tax issues that
ment and Legal Affairs Committee. your second year as co-chairs of the resulted after the recent tax reform law was
➤He is an attorney and funeral director, Government and Legal Affairs Committee. passed. As everybody knows, the idea of
graduated from the Cincinnati College of You are both long-time members of the tax reform was to give everybody lower
Mortuary Science in 1996 and from North- committee, so does the view look any tax rates, but as a trade-off a number of
ern Kentucky University, Chase College of
different now that you’ve been occupying deductions were eliminated. The theory
Law, in 2003. He is licensed as a funeral
the chairs? was that the resulting tax bill would be
director and embalmer in Ohio and West
Virginia and admitted to practice law in Knopke: The committee is large, about 20 lower for most individuals and businesses
Ohio and Kentucky. members, so I’ve gone from being one of than before tax reform.
many members reacting to what the chair Now that everyone has had a chance to
More about this subject proposes to moving these things along review the details of the law, we are finding
➤The Government & Legal Affairs directly. I’d say it’s the difference between things that everyone, including members
Breakfast will be part of the of Congress, are saying are bad. The main
being a passenger in a car and driving it.
ICCFA Executive Leadership Summit, issue for our members is the loss of an
(formerly the Fall Management Confer- Lemasters: It seems only a short time
since we were appointed, but already we important deduction for trusts concerning
ence), September 25-27, at the Hyatt
are dealing with legislation and regulations fees paid for investment advice. Lawmakers
Regency Tamaya, Santa Ana Pueblo,
New Mexico. For more information, go to that present brand new issues. So events even have a term to describe this lost
www.iccfa.com move fast. deduction. They called it “an unintended
consequence.” That’s nice, but it doesn’t
Is there one issue at the top of the list of
mean they are willing to restore it.
immediate concern to ICCFA members?
Before we turn to the second tax issue,
Knopke: Well, there are four issues at
let’s jump ahead to the third issue,
the top of the list, especially if you run a
The two days of visits to congressional offices began with a breakfast meeting at Dykema to prepare by reviewing issues and
talking points. Seated clockwise, from left: Mary Beth McGowan of Dykema, John Resich, CCE; Barbara Kemmis of CANA;
Ed Horn, CCE; Ashlee Thiesing; Angela Byrum, CCE; Richard Cody, CCE; Alan MacKinnon, CCE; Poul Lemasters, Esq.; Jerry
Desmond Jr. of the Cemetery and Mortuary Association of California; Steve Zimmerman of Dykema; Bob Fells, Esq.; Jim
Price, CCFE, CCrE; Tom Daly, CCE; Chad Aylestock, CCE; and Steve Schacht, CCE.
Above, Mary Beth

McGowan of Dykema,
Steve Schacht, CCE,
and Barbara Kemmis,
executive director of
CANA, meet with Matt
Hodge, legislative
director for Rep. Dan
Crenshaw, R-TX.
Right, the new way
to get around Wash- Above, Steve Schacht, CCE, and Mary
ington, D.C.: electric Beth McGowan of Dykema check email
scooters. (ICCFA outside the Longworth office building
representatives stuck during a break between visits to con-
to walking and Uber.) gessional offices.

ICCFA members L E G A L & L E G I S L AT I V E U P D AT E
who came to D.C. services have been paid
for.
to discuss issues The ICCFA submitted
comments to the IRS
with Congess last year when proposed
T
regulations were issued
he ICCFA Government and Legal
for public comments. Of
Affairs Committee welcomes anyone
course, our industry is
who asks to join as a member, but
not the only one affected
members are expected to contribute their
by this timing issue, so
time and effort to the committee’s work.
it helps to have much
Every spring, all members who are
larger industries involved.
able come to Washington, D.C., to discuss
So far, the IRS has not
issues of importance to association
issued revised proposed
members with congresspeople and/
regulations or reacted to
or their staffs. Having members in a
the many comments filed
particular state and district helps with
about it.
setting appointments to visit the senators
I’d say that any affected
and representatives for those states and
ICCFA Counsel Bob Fells makes a point during the business that has run some
districts.
meeting with Federal Trade Commission staff. With numbers will be extremely
This year, a record number of ICCFA
him are Mary Beth McGowan of Dykema and Jim Price, concerned over this issue.
members joined ICCFA General Counsel CCFE, CCrE.
Bob Fells, Cremation Counsel Poul Poul, in last year’s
Lemasters and staff from Dykema, the unrelated to taxation we assume. interview, you discussed the growing
association’s lobbyist, on these visits: Lemasters: I think you’re referring to the concerns with body donation, especially
• Larry Anspach, CCE, American upcoming FTC review of the Funeral Rule. issues involving body brokers who sell
Cemetery/Mortuary Consultants, Las Our committee members meet every year body parts for non-transplant purposes for
Vegas, Nevada with FTC staff, and last few years have profit. Have there been any developments
• Chad Aylestock, CCE, Fairfax focused on the decennial Funeral Rule there?
Memorial Park, Fairfax, Virginia. review. Lemasters: Yes, there is now a bill
• Angela Byrum, CCE, Williamsburg It has been scheduled for 2019, but now pending in Congress that the ICCFA
Memorial Park, Lightfoot, Virginia we understand that, at most, the review will supports. It is H.R. 1835, called the
• Richard Cody, CCE, Resthaven be announced by the end of this year but Consensual Donation and Research
Memorial Gardens, Frederick, Maryland the major activity will take place next year. Integrity (CDRI) Act of 2019. This bill will
• Tom Daly, CCE, CHS Consulting The big issue that is already being provide oversight and create standards for
Group, Westwood, Massachusetts widely discussed is a new requirement for non-transplant tissue/body donation which
• Ed Horn, CCE, St. Michael’s funeral providers to post their prices online. is currently unregulated and separate from
Cemetery, Queens, New York Of course, many funeral homes already do highly regulated organ and tissue donation
• Alan MacKinnon, CCE, Garden of this, but the question is whether the posting for human implantation.
Gethsemane, Boston, Massachusetts should be made mandatory. FTC penalties As we have stated in our written
• Jim Price, CCFE, CCrE, Park Lawn for violations of the rule are now just over materials to members of Congress, there’s
Corp., Tampa, Florida $40,000, so this issue will have a major no federal regulation of non-transplant
• John Resich, CCE, Green Hills impact on our members, both large and tissue donation, and only a few state laws
Memorial Park, Rancho Palos Verde, small. provide oversight. Nearly anyone can
California Keenan, you just mentioned that there’s dissect and sell human body parts and in
• Steve Schacht, CCE, Service a second tax issue. We’re almost afraid to almost every state, it’s legal to sell the
Corporation International, Houston, Texas ask, but what would that be? human remains of adults.
• Ashlee Theising, Clearpoint Federal Knopke: This is much more serious than How much do body parts sell for?
Bank & Trust, Batesville, Indiana the trust advisory fee deduction. Given the Lemasters: Generally speaking, a broker
Also joining the ICCFA team were new changes in the tax laws, especially as can sell a donated human body for about
Barbara Kemmis, CANA executive they affect businesses with $25 million and $5,000, though prices sometimes top
director; and Jerry Desmond Jr., executive more in receipts annually, the timing of $10,000. And absent regulation, bodies
director of the Cemetery and Mortuary matching income against deducting the cost may not be screened for infectious disease
Association of California. r
of goods sold is changing. nor handled, tracked and disposed of
This is a particular problem with pre- appropriately.
need installment payments where income In regard to the death care profession,
is subject to tax but the expense deduction without regulation, final disposition of
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L E G A L & L E G I S L AT I V E U P D AT E
Above, Shayne Woods, legislative as-

sistant to Rep. Gus Bilirakis, R-FL, takes
notes as Poul Lemasters talks.
Right, clockwise from left, Steve
Schacht, CCE; Bob Fells; Mary Beth
McGowan; Bilirakis; Barbara Kemmis;
Woods; Lemasters; and Jim Price,
CCFE, CCrE.
donation process is not clear and of course owner information, including next of kin accomplished during an election year such
leads to regulatory issues, as well. So this and authorizing agents. as 2020.
area is relatively new, which explains Funeral homes also need to maintain My impressions are that we were
why it is largely unregulated. But it’s also customer records, so a federal statute welcomed and had substantive discussions
apparent that regulation is necessary. should account for legitimate business about our issues. Since “face time” with
Keenan, if we can call the body broker needs and apply exceptions or exemptions Congressional members is limited, we
issue an emerging concern, how would accordingly. This issue needs careful need to choose our subjects carefully, no
you describe the fourth major issue, monitoring. more than three or four, then be succinct
consumer data privacy? Back in May the Government and Legal and prepared with our talking points. We
Affairs Committee held its annual series support a number of the members for re-
Knopke: This issue is a big deal on
of ap tol H ll v s ts n ash n ton . . election with contributions from the ICCFA
Capitol Hill, though it is largely ignored
Can you tell us your impressions of the PAC and they appreciate that. We have
by the news media. So far, there’s no
event? spent years building these relationships
proposed legislation in either the House or
and it’s important for us to keep them
the Senate, but we know this is going to Lemasters: This year we had our largest
maintained.
change soon. attendance ever since it began in 2006. We
I think the recent scandals with Face- invite all ICCFA members to participate Can you review the key issues you
book selling its users’ personal data has and welcome members from other trade discussed?
sparked big concerns about safeguarding associations. We were joined by Barbara Knopke: Well, as Poul said, we are very
such data. We are told that when federal Kemmis, executive director of CANA, and careful in choosing the topics for our
legislation is introduced it will have by Jerry Desmond Jr., executive director face time. This year, with guidance from
bipartisan support. of CMAC, the Cemetery and Mortuary Dykema, our lobbying firm, we decided
The legislation will give consumers Association of California. to discuss the four issues we just men-
the right to require any business to delete We managed to make appointments with tioned: The tax issue concerning the trust
personal information they may have on 28 members of the House and Senate and investment advice deduction; the FTC
them. This data is typically given as part of their staffs. Since this is not an election Funeral Rule review; H.R. 1835, the body
a sales transaction. Of course, we know that year—they call it an “off year,” there is broker bill; and the consumer data privacy
some businesses will use this information more emphasis on the legislative work issue.
for advertising and promotional purposes. that hopefully Congress will get done. Our focus was on how these issues
Some also sell these customer lists to other Typically, in an election year we hear that affect our members and their businesses,
marketers for compensation, and this is most issues will be carried over to the new and the bad effects that could likely result.
what’s causing the problem. Congress in the following year. We left behind handouts on each of the
Our concern is that if a new law I think everybody knows that each four issues that are quick reads and easy
addressing this issue is poorly written, it Congress meets in two-year sessions, then reference for when we follow up on our
can cause a lot of problems for businesses. adjourns. Right now we are in the 116th visits.
This is a potentially huge problem for Congress and it will not adjourn until the What was the reaction to restoring the
cemeteries that are required to maintain lot end of 2020, but not much work will be trust advisory fee deduction?
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Above left, Larry Anspach, CCE; Tom Daly, CCE; Ed Horn, CCE; John Resich, CCE; and Angela Byrum, CCE, leave the Dirkson
Senate office building under the watchful eye of security. Above right, meetings were so tightly scheduled there was no time to
go to a restaurant and order lunch. Dykema reserved a table at the Capitol HIll Club, which offers a buffet. At the end of the first
day of congressional visits, Jinny and Mike Doherty of Fairfax Memorial Park treated everyone to dinner, as they do each year.
Knopke: We received a lot of sympathy This brings up the question of how your some examples of that?
but puzzlement over what to do about it. Of meeting with FTC staff went. Knopke: As we’ve pointed out before,
course, we suggested a sort of “corrections” Lemasters: Every year we start our Capitol the writing style of the rule is very
bill, and we know that the tax reform law Hill visits at the FTC offices. It doesn’t much a product of 1970s government-
has many “unintended consequences.” As hurt to tell them that we are on our way to speak and seems strange when you
a result, there are long lists of fixes that appointments with Congressional members, read it. By the 1990s, the era of “plain
various constituencies want. since Congress controls the FTC’s budget. language” government documents had
As far as legislation moving forward, But our meeting has always been cordial arrived, helping make regulations more
the most optimistic report we got was and works as a sounding board to gauge the understandable to ordinary people. For
that it might happen next year. One of the staff’s interest and reaction to topics we raise. this reason, the Funeral Rule could use a
unfortunate things about Congress is that, You might recall that last year we complete rewriting and update in its writing
regardless of which party has the majority, brought up the body brokers issue and we style.
there is a willingness to admit making suggested that the FTC might look into More importantly, we hope
mistakes in passing a new law, but very this, given the emerging problems. They consideration is given to the fact that
little action to correct them. agreed that somebody should look into it, funeral homes no longer control access
Was there much interest in the Funeral but they said they had more than a full plate to price information as they did when the
Rule review issue? right now. As a matter of fact, we know rule was first enacted. Prices for funeral
Lemasters: They were interested in that there is an ongoing investigation by the services and merchandise can now be
anything involving the FTC, but we FBI, so the issue is not being ignored by easily found all over the internet, so I’d say
pointed out that we were not seeking any the government. that the very purpose of the rule to mandate
intervention from Congressional members But to return to the Funeral Rule, I got the distribution of price information
at this point in time. the impression that FTC staff was sitting needs to be examined. I think it would
As a practical matter, nothing will require on the fence regarding a mandatory online be short-sighted to continue some of the
their attention until FTC staff has published price requirement. When we asked them requirements in the Funeral Rule as though
a proposal and seeks public comment. Then, directly about their opinion, they answered funeral homes are still the only source for
depending on what is being proposed, such that they would have to see what the public this information.
as creating a mandatory online price posting comments said. I interpreted this to mean Lemasters: I’d also want to repeat my
requirement, we would ask our friends in that they weren’t opposed to the idea. suggestion that direct cremation and its
Congress to respond, stating their opposition We have heard about discussions on price disclosures should be examined. We
to a mandatory requirement. modernizing the Funeral Rule. What are all know there’s no single type of direct
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cremation and the components mandating online pricing fail to
will vary depending on the consider that less information
provider. I hope that attention would be available online from a
will be given to this issue, price mandate.
because there is no uniformity Let’s play the devil’s advocate
in using that term, and I don’t here, Poul. Why would a
want to see our people cited for mandatory posting requirement
violations of the rule merely force funeral providers to close
because there’s no uniformity. down their websites to avoid it?
Since the FTC tends to rely Lemasters: That’s easy to
on statistics such as surveys answer. In marketing, everyone
to make changes to its trade knows that the consumer will
rules, will the ICCFA be taking evaluate on a cost/benefits
any surveys to document its analysis. Simply stated,
positions on Funeral Rule consumers seeing only prices in
issues? Rep. Dan Kildee, D-MI, shakes hands with Jerry Desmond Jr.
a vacuum won’t know what they
Looking on are Ashlee Theising and Steve Schacht, CCE.
Knopke: Yes, we are in the would be getting for their money.
planning stages now of polling If I sell cars and the FTC
our members on certain has an online price posting
questions such as alternate requirement (they don’t so
means of pricing. We believe far) and I post that one car is
that more funeral providers $10,000, another is $20,000 and
will be posting their prices another is $40,000, consumers
online without the need for might wonder, “What’s the
the government to force them. difference?”
Recent surveys by consumer If I determine that a website
groups that show only a minority is not an effective forum to
of funeral homes in some areas discuss the various features and
are posting prices online are just options that result in different
a snapshot frozen in time. prices, I may opt to remove my
The situation is changing all website to avoid that problem.
the time, and it’s going in one Consumers can come into
direction—more, not less. For my showroom in the more
example, back in 2001, online traditional manner and I can
retail sales accounted for only explain the different components
one percent of all retail sales. of each car that affects the
In 2018, ecommerce had a 14.3 pricing.
percent share of total retail sales, Knopke: Let me add that
up from 12.9 percent in 2017 funeral websites are generally
and 11.6 percent in 2016. used to help consumers
I believe an ICCFA survey familiarize themselves with what
will confirm what we know the provider offers. From there,
anecdotally: We don’t need discussions can go forward,
government pressure with fines especially to explain why items
and penalties for funeral homes such as caskets or urns have
to post online prices. From left, Ashlee Theising, Mary Beth McGowan and Alan different prices.
How could an onl ne MacKinnon, CCE, with Patrick O’Connor, legislative assistant The FTC needs to consider
re u rement wor n the first to Richard Neal, D-MA. that the in-person General Price
place? List disclosure gave a funeral
Knopke: We’re not aware of any industry the provider has already set up a website. director the opportunity to discuss these
that is forced by the government to post I believe it will be important to consider things and answer questions. Using the
prices on the internet. The question is why the negative effects of mandating an online analogy of shopping for a car, a dealer
should funeral service be singled out for price posting requirement, and that’s easy can point out that not having a sun roof or
such coercion? I doubt the government to do. Some funeral homes with websites luggage racks will lower the price. Online
can require funeral providers to establish will remove them to avoid posting prices, price posting does not allow this, or if it
a website in the first place, so an online and that will have a chilling effect on did somehow, it would be cumbersome. It
pricing requirement could only be made if consumer information. Advocates of would become another form of “take it or
ICCFA’s bi-partisan L E G A L & L E G I S L AT I V E U P D AT E
approach to
lobbying Congress
T he ICCFA Government and Legal
Affairs Committee talks to members
of both parties about their legislative
concerns, and the ICCFA PAC donates to
members of both parties.
Dykema, the ICCFA’s lobbying firm,
sets up meetings with legislators and/or
their staff members, as well as a meeting
with FTC staff. This year, some members
also attended a House hearing on privacy
and data security, and talked to counsel for
the Joint Committee on Taxation and the
Senate Finance Committee.
Congressional offices visited:
• Sen. Tammy Baldwin (D-WI) From left, Chad Aylestock, CCE; Larry Anspach, CCE; Ed Horn, CCE; Sen. John
Barrasso (R-WY); Angela Byrum, CCE; and Richard Cody, CCE.
• Sen. John Barrasso (R-WY)
• Sen. Marsha Blackburn (R-TN) leave it,” and that’s not how funeral homes with the FTC for the two-year period of
• Sen. Ben Cardin (D-MD) do business. January 2003 to December 2004. That’s
FTC trade regulations are usually based about 285 or so complaints per year. The
• Sen. John Cornyn (R-TX)
on evidence of complaints. The greater the interesting thing is that almost none of
• Sen. Ron Johnson (R-WI) them involved price issues. We found this
number then the reater the ust ficat on
• Sen. Jackey Rosen (D-NV) was consistently true for the several years
for a trade rule. What does the latest
• Sen. Marco Rubio (R-FL) documentation of consumer funeral that ICCFA performed this analysis until
• Sen. Mark Warner (D-VA) complaints show? the FTC started including the complaints in
• Rep. Nanette Diaz Barragán (D-CA) its reports.
Knopke: Every year now, the FTC
• Rep. Michael Burgess (R-TX) publishes a lengthy document called the We discussed lobbying earlier, and the
• Rep. Steve Chabot (R-OH) FTC Consumer Sentinel Network Data ICCFA has two major funds for its
Book, almost 100 pages long. It’s easy to government relations work. Can you
• Rep. Dan Crenshaw (R-TX)
find on the FTC website (ftc.gov) and is a review the difference between the ICCFA
• Rep. Debbie Dingell (D-MI) PAC and the ICCFA Government and
compilation of consumer complaints from
• Rep. Joe Kennedy (D-MA) many federal and state agencies and, most Legal Fund?
• Rep. Dan Kildee (D-MI) importantly for our purposes, all of the Lemasters: Our PAC, or political action
• Rep. Peter King (D-NY) North American Better Business Bureaus. committee, is strictly regulated by federal
• Rep. Susie Lee (D-NV) For 2018, nearly three million consumer law. Contributions can only be made by
• Rep. Kenny Marchant (R-TX) complaints were filed. Out of 29 complaint individuals from their own personal funds,
categories, based on the volume of paid by personal check or personal credit
• Rep. Richard Neal (D-MA)
complaints, funeral service was ranked card, or cash, and cannot be reimbursed
• Rep. Cathy McMorris Rogers (R-WA) last at number 29. The share of funeral by the employer of the individual. A
• Rep. Dina Titus (D-NV) r complaints amounted to one-third of one company that has its own PAC can make
percent of the total. a contribution to the ICCFA PAC with a
In terms of numbers, there were 964 maximum per year of $5,000.
funeral-related complaints in 2018, Also, the funds received by our
compared to 1,144 in 2017 and 1,302 PAC may only be used for donating to
in 2016. With extremely low complaint candidates for federal offices, basically the
numbers like these, I’d say it’s difficult to House and the Senate. PAC funds also can
justify funding to expand the Funeral Rule. be used to pay the expenses of the PAC, but
Lemasters: Before the FTC started other than that, the funds can’t be used for
to include funeral complaints in these other purposes.
annual reports, the ICCFA submitted FOIA Knopke: The Government and Legal
(Freedom of Information Act) requests to Fund is much more flexible and has few
the FTC to obtain copies of complaints restrictions, both in terms of fundraising
filed with the agencies. and spending the proceeds. In fact, just so
For example, there were about 570 we can maximize the PAC contributions to
consumer funeral-related complaints filed give to the candidates, the PAC expenses
are underwritten by our Government and housekeeping if there are members who also suppliers attended. Add to this more
Legal Fund. have joined but then don’t participate, but and more calls from consumers asking
The fund also underwrites our attorney we give everyone plenty of time to show about our profession, and I see many signs
telephone consultation services, which his or her level of involvement. that we are going to be busy.
is a benefit many members find more Knopke: Right. If any member reading Knopke: I agree with Poul’s feelings
than worth the association dues they pay. this interview wants to join our committee, about more involvement by everyone in
By that I mean that a call to one of our please just contact Poul or myself. It’s that and out of the business, but at the same
attorneys—Les Schneider for tax issues, simple. time, I feel many of the same people see
Mike Pepperman for labor law issues We traditionally conclude our interview Congress as not functioning and getting
or Poul for cremation or Funeral Rule with the Government and Legal Affairs nothing done.
issues—is worth more than the dues that Committee chair by asking you to look I understand how they can come to
many members typically pay. into the future, or at least to the next year, this conclusion, but nothing is further
I should add that the fund also pays the and tell us what you see ahead. from the truth, and that is why it is critical
computer research expenses that keep us for the ICCFA, though Dykema and its
Lemasters: I see more involvement.
up-to-date on never-ending legislation, Government and Legal Affairs Committee,
Maybe I am just an optimist, but I think
regulation and court decisions that affect to be more active now than ever before.
we are seeing more people both in and
our members. Compared to years ago, today it is
out of our profession wanting to know
Regarding the Government and Legal more. We mentioned above that our trip almost impossible to fix a legislative
Affairs Committee itself, it seems to be to Washington this year was one of our mistake (as discussed above), so more
one of the most popular committees that highest in attendance. involvement by our membership through
members as to o n. How s a member In our 2019 convention in Charlotte, committees and individual efforts is almost
admitted? we held our annual Government and a requirement.
Lemasters: Joining our committee is pure Legal Update session and had the highest Poul and I welcome members to
democracy in action. An ICCFA member attendance in years, with many new become involved as active members of
can join simply by asking to; it’s wide individuals attending and participating. Not the Government and Legal Affairs
open. From time to time, we do some only funeral and cemetery professionals but Committee. r
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by ICCFA Magazine Managing
Editor Susan Loving
LOBBYING
Exactly how do you go about lobbying for or against

legislation that affects—or would affect—how your funeral home,
cemetery or crematory operates? How hard is it to defeat a bill,
or to get one passed? What role do trade associations play in
lobbying at the state level, where a lot of the legislative action is?
SCI’s head of government and industry relations discusses
these issues and more in an in-depth interview.
Caressa.Hughes@Sci-us.com
➤Caressa Hughes is assistant vice presi-
dent, government and industry relations,
for SCI Shared Resources LLC (SCI). She
serves on the ICCFA Board of Directors
and the asssociation’s Government and
Legal Affairs Committee.
➤She has worked for SCI since 1994,
having previously worked for Philip
Morris USA and at a lobbying firm in
Austin, Texas.
➤She graduated from the University of
Texas at Austin with a BA degree in 1985.
www.sci-corp.com
➤SCI, headquartered in Houston, Texas,
operates more than 2,000 funeral homes
and cemeteries in 45 states, eight Cana-
dian provinces, the District of Columbia and
Puerto Rico.
ICCFA Government and Legal Committee members Christie Toson Hentges, CCE;
Ed Horn, CCE; and Caressa Hughes meeting with Sen. Charles Grassley, R-IA, to
discuss issues and legislation the ICCFA is concerned about.
Learning to lobby: Caressa

Hughes on how to win friends
& influence people—and votes
C
aressa Hughes didn’t plan to be a in the state’s capital city. At that time, there
lobbyist. Her family has a real estate were basically two choices of employer:
business, and her father always the university or government. She ended up
said they needed a lawyer in the family, so with a government-adjacent job, working
she decided to be that lawyer. She studied for Tenneco.
English at the University of Texas in Austin It was a great job, and she was lucky
because it’s a good major for someone who to get it—a lot of the applicants were
plans to attend law school. the sons and daughters or grandsons and
The plan started to go off course in granddaughters of legislators. The man
college, when she fell in love with Austin. doing the hiring, a lobbyist, was faced
After graduation in 1985, she decided to with the headache of angering a bunch of
look for a job that would allow her to stay legislators by choosing the progeny of one,
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LOBBYING
“The fact is, legislators and government officials are like most people:
They have had very few dealings (if any) with funeral homes and cemeteries,
so it’s often the lobbyist’s job to educate them about the workings of the business.”
During the proposed in Texas that would have added

ICCFA Gov- cemeteries to the eminent domain section
ernment of the law, allowing cemetery property to
and Legal be taken by the state for public use for a
Committee’s
highway, for example.
annual visits
to Capitol “The industry didn’t catch it. But because
Hill, Caressa of the level of detail we’re looking at, we
Hughes, ICCFA caught it and were able to call in our lobbyist
General Coun- and tell them to fix the bill. We cannot have
sel Bob Fells cemeteries being covered by eminent domain.
and Mary Beth “We couldn’t kill the entire bill, but we
McGowan of got the cemetery language out.”
Dykema, the Bills are proposed all the time that
ICCFA’s lobbying firm, enter the Longworth House Office Building through the tunnels
include language that could hurt cemeteries
that connect the buildings.
and/or funeral homes, and if no one is
thereby insulting all the others. Hughes proactive. “It’s evolved; now we’re watching, some of those bills could become
wasn’t connected to anybody, and that molding, updating, amending laws to better law, she said. And it’s her job to make sure
proved to be her winning qualification. “He suit today’s needs. The laws are so archaic that doesn’t happen.
told me he was hiring me because I was a and out of date. They really do need a major Is it more often a case of cemeteries
nobody,” Hughes said, laughing. overhaul in many, many states.” and/or funeral homes being targeted by
She was 23, and her new boss was the legislation, or of them being collateral
former speaker of the state house. “He Tracking bills damage from bills not aimed at them
took me under his wing and told me stories They spend a lot of time tracking proposed specifically? Some of both, Hughes
and taught me everything about politics,” changes to laws. “We currently operate in said. Their tracking system searches by
Hughes said. “I was his right-hand person.” 45 states, so on a day-to-day basis, I am keywords, including “cemetery” and
While she was working for him, he started tracking and watching what’s going on. Of “funeral.” Because they are looking at
the first electronic tracking system to course I have help, three full-time people legislation across the country, “we get
keep track of bills as they made their way who spend all their time looking at these thousands of hits.”
through the legislature, an advancement she bills. Right now, we probably have about Then someone has to actually look at
was excited to be able to see. 700 pieces of legislation in our database each bill to see if it would indeed have an
When Tenneco decided to close their that we’re watching.” impact on the cemetery/funeral business.
Austin office and consolidate the staff in SCI does not have any properties in For example, “a bill might be dealing with
Houston, Hughes again chose to stay in Montana, South Dakota, North Dakota, municipal cemeteries and have nothing to
Austin. She got a job at a lobbying firm Vermont and Wyoming, but it tracks do with us.”
where she worked for five years until legislation in all 50 states, as well as In addition to looking for bills that
being offered a job by Phillip Morris. Her Puerto Rico. “If something concerning contain those keywords, they have to be on
territory while working there was Texas and came up in one of those states, we would the lookout for other types of legislation
Louisiana. know about it.” that would affect cemeteries and funeral
In 1994, she was hired away by SCI, who She works with SCI associates who are homes. A prime example is the recent
was heavily into acquisitions at the time, out in the field, who are “connected,” who interest in data privacy.
buying properties in states where they had understand the political process in their “There’s a bill pending in California
previously not owned any. Since regulations states; many serve on a regulatory board, or that’s very concerning because cemeteries
for funeral homes and cemeteries vary from in a state association. and funeral homes would be included.
state to state, there was a lot to learn and “Whenever there’s a bill that would The way the law reads at this moment is a
navigate during this expansion. make some significant changes to the laws contract holder could call your business and
At SCI, one boss gave her a succinct job regulating us, I pull in our team from the say, ‘You’ve got my personal information; I
mandate, her two orders of business: field and say, ‘Tell me about this bill. What want you to delete all my data.’ Cemeteries
“No surprises. And keep us out of trouble.” do you know about it? What’s it going to and funeral homes can’t do that. That’s an
At the time, “we were just reacting do? How is it going to impact us?” Then, if example of a bill addressing an issue that’s
to legislation and regulations that were SCI has a lobbyist in that particular state, bigger than our industry but we’re being
getting introduced,” Hughes said. Today, she brings that person on board. swept up in it.
the company’s lobbying efforts are very Hughes gave an example of a bill “This is why it’s important to also look
LOBBYING
hoping to get that changed this year.

“The thing that’s frustrating for me is
that I feel the changes we’re making to
the laws do a lot of good for the industry,
and they benefit the consumer—they’re
what the consumer wants. So it’s good for
business. But there are operators in our
industry who don’t want change, so being
proactive is difficult in a lot of places.”
One of the challenges of being a
successful lobbyist, Hughes said, is the fact
that “It’s very difficult to get a bill passed,
and it’s very easy to kill a bill.”
“It takes just one person to make a phone
call to their elected representative and say,
‘This bill will be devastating to me and could
hurt my business,’” and that representative
Caressa Hughes listens and reacts during a meeting of ICCFA representatives and will not vote for passage. At that point, it
Federal Trade Commission staff.
really doesn’t matter what a lobbyist says, the
at general business laws to see where our funeral homes to serve food, for funeral bill will haave a hard time.
industry could be involved. In those cases, homes to add crematories or for cemeteries “One of the things we would like to see
we need to have a seat at the table to make to sell monuments. These laws sometimes change is the state laws that say you have to
sure we’re explaining to them who we are seem to be impossible to change, but there be both a funeral director and an embalmer.
and how we operate and how this could is hope, Hughes said. We were successful in changing that law
have a unintended negative effect on our “When I said we had switched from being in Arizona this year, so you can now have
businesses.” mainly reactive to proactive, those are exactly a funeral director license, or an embalmer
Another example is unclaimed property, the types of things we’re trying to change. license, or both.”
Hughes said. “States are starting to include For example, food and beverages were It’s a delicate situation, Hughes said,
us in unclaimed property laws—we’re banned in New York funeral homes since the because there are plenty of funeral directors
on their radar. The state treasurers and 1950s. We worked hard on that change for who had to get dual licensing themselves
comptrollers offices clearly know that we years, and finally got that law changed.” and are against allowing for a split license.
have prepaid contracts where maybe the The law in New York now allows “It’s getting more difficult to recruit
person has died and the money hasn’t been light food and beverage service—it’s a quality people, and there’s already a
collected, so some states are in the process compromise. The state directors’ association shortage of people coming into the
of trying to capture that money. is very powerful, Hughes noted, so they had profession, and then you have these states
“The funeral home has no way of to agree to some restrictions: No cooking in with very restrictive laws. It’s a problem.”
knowing whether the person has died, the funeral home—catering only. No large
so they continue to manage the money meals. No alcohol. Succeeding as a lobbyist
until a family member comes to them In other words, funeral directors in New To be a good lobbyist, you need to build
to use it. And at cemeteries, the right of York aren’t going to be adding reception good relationships, Hughes said. Anyone
interment passes on to the next living heirs. facilities and hosting weddings and other who has met Hughes, a regular at ICCFA
We’re trying to meet with treasurers and life celebration events in addition to meetings, can testify to her friendly,
comptrollers at the state level to explain funerals, as is happening at cemeteries and outgoing personality and ease in talking to
how our industry is different. funeral homes in many other states. people.
“We’re not saying we’re opposed to “What’s so interesting,” Hughes said, “is A lobbyist also has to have integrity.
escheatment, we’re just saying let’s work that our customers are telling us that they “People have to trust you, because so
together on language. want alcohol. So we would like to try to much of what you’re doing as a lobbyist
“The fact is, legislators and government get alcohol allowed, because our customers is communicating your position and why
officials are like most people: They have want it. If we don’t step up to the plate and they should vote a certain way. People have
had very few dealings (if any) with funeral change some of these laws to fit with what to trust that you’re not asking them to do
homes and cemeteries, so it’s often the our customers need and want, we won’t something that’s going to harm consumers or
lobbyist’s job to educate them about the remain relevant. benefit one industry and not another.”
workings of the business.” “This is where the future is going. If you The term “lobbyist” is often tossed out
can’t offer this at your funeral home, people in a pejorative way. Hughes believes that
Changing the law are going to go elsewhere, to restaurants people have misconceptions about what
A number of states have ownership and hotels. lobbyists do. “A lobbyist’s main goal is
restrictions which prohibit combination “We’re also working on getting food and to communicate the effect a particular bill
properties, while some restrict the ability of beverages allowed in New Jersey, and we’re might have on their client.”
➤to page 38
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LOBBYING
“That’s why you have to be watching. It’s like that saying:

If you don’t have a seat at the table, you’re going to be on the menu.”
➤from page 36 has a program though which it covers firms to be members of their state trade
As an example, Hughes went back to funeral and burial costs for career and associations.”
the eminent domain issue. She explained volunteer law enforcement officers, On the state level, it’s important for
to the company’s lobbyist what the bill firefighters and emergency service trade associations to have a lobbyist,
would do. “He said, ‘Surely the sponsor personnel who fell in the line of duty. she said, especially if they’re trying to
of that bill didn’t realize that. Maybe he They also remind managers to invite accomplish something specific.
didn’t read it.’ officials to events such as Veterans Day “Sometimes, our lobbyists work with
“That’s the reality: There are thousands of or Memorial Day programs. You need to a state association to accomplish a shared
bills, and they don’t read them all; no one educate government officials about what goal. For instance, a state cemetery
does. That’s why the lobbyist is so critical, you’re doing for the community, how association really wants to change the
to communicate to the member sponsoring you’re involved in the community, and law to allow for total return method of
the bill how it could affect their client. build and strengthen relationships with distribution (unitrust) from cemetery
That’s why you have to be watching. It’s them. endowment care funds. They asked us to
like that saying: If you don’t have a seat at People need to remember, when they hire the lobbyist, so we’ve done that, and
the table, you’re going to be on the menu. think they’re too busy running their they’re supporting the change.
“And sometimes there are bills businesses to put in the time to do this kind “I’m a firm believer in working with the
introduced that come out of nowhere but of relationship-building, “it has a huge trade associations for the good of the entire
are great, and we’ll send our lobbyist to payoffs. There’s going to be a time when industry, and I encourage our associates to
support them.” you need those people to help you.” be members of their trade associations and
It’s also important to do what she “I worked for Phillip Morris Tobacco, get involved. The industry’s changing, and
calls “grassroots lobbying,” Hughes said. and I left right before all the lawsuits legislators look to the trade associations
This involves asking your company’s happened. They learned a valuable lesson. for education. Every single time I talk to
employees to call their legislator about They did amazing things in the community a legislator about something we want to
a bill. If it’s a bill you want stopped, that no one knew about. They used to fill get done, they always ask me, ‘What’s the
ask your employees to attend hearings up Miller Beer cans (they owned Miller trade association’s position on this?’
and testify against it. Part of her job is Beer) and send them to countries that “Legislators don’t want to propose a bill
to prepare a script, or talking points, so didn’t have water. That’s just one example that’s going to generate a lot of opposition
they’ll know what to say. of the kind of outreach they used to do as from the industry.”
That type of grassroots lobbying is a company. Bu they never told anybody; In several states, many of the laws
what really works, Hughes said. “Those they just did it. restricting what cemeteries and funeral
legislators want to hear from the people “After all the lawsuits started at Phillip homes can do have been on the books
who live and work in their district. You can Morris, they began running ads about all since before the 1950s, “but we know
hire people all day long, but they want to the things they’d been doing for years, changing them without the support of the
hear from the people who vote for them.” but it looked like damage control at that state funeral directors’ association would
It’s also important to support legislators point. It’s so important for people to see be difficult.”
who support the funeral and cemetery what you do in your community—before “When I first joined the company, I was
industry, she said. There are two things to something bad happens.” trying to understand this whole dynamic
remember: They need votes to get elected between funeral homes and cemeteries,
and money to fund their campaigns. Lobbying at the state level because I saw it as one business. I
Making donations to their campaigns and/ What advice does Hughes have for individual remember asking Mr. (Robert) Waltrip,
or working on campaigns is important. funeral home and cemetery owners, other who was then CEO, ‘Why do they hate
Relationship-building, not simply con- than to do community outreach and get to each other? I don’t understand this. We’re
tacting legislators when you need some- know their local and state officials? all in this together.’ He said, ‘Caressa, as
thing or want them to vote a certain way, is “I think more and more people are an industry, we like to circle the wagons
important at the grassroots level, as well. starting to see the value in being involved and shoot in at each other.’
“We encourage our employees to build in trade associations. When people are One of her major focuses has been on
relationships and to get to know local, afraid of laws changing, or when they want change in licensing, Hughes said. There
state, federal officials. You need to get the laws to change, they get involved. is a decreasing need for embalmers, and
to know them before you have an issue, “I see it with the ICCFA—the largest there are people who would be interested
because if you wait until you’ve got an committee is the Government and Legal in being a funeral director only if they did
issue, it’s too late. You have to build Affairs Committee, because it really is not have to also become an embalmer.
relationships.” where a lot of action happens. In states that do have split licenses,
Community service and outreach help “It’s the same thing with the state trade there are people who just want to embalm
with this, Hughes said. For example, SCI associations, and I encourage all of our and not meet with families as well as vice
LOBBYING
One of the challenges of being a lobbyist, Hughes said, is the fact that
“It’s very difficult to get a bill passed, and it’s very easy to kill a bill.”
Hughes talks
during a meet-
ing of ICCFA
Government and
Legal Commit-
tee members at
the office of Sen.
Charles Grassley,
R-IA. ith her
are, from left,
Ed Horn, CCE;
Tom Daly, CCE;
Jim Price, CCFE,
CCrE; Steve
Schacht, CCE;
Bob Fells, Esq.;
John Resich,
CCE; and Keenan
Knopke, CCE.
versa, Hughes said. “That’s what we’re return method works and how it would association, and the state regulator. We
seeing. The industry is changing so much.” benefit their operations. figured out how to give the legislator his
Funeral homes with more than one One issue SCI did not get involved passion, his outdoor cremation, without
location, whether consolidators or inde- in was this year’s Washington state’s causing problems for everyone else.
pendents with multiple locations in the legislative change to allow composting as “That’s an example of how special
same city, can centralize their embalming a disposition method, Hughes said. interest legislation that could be very
in some cases, Hughes said, though they “I feel that’s one of those things that if detrimental to the industry could get
do have large locations where there are the consumer wants it, then OK. We didn’t passed if someone was not watching. We
multiple people doing embalming. get involved because we didn’t feel it was realized the impact, and we got it fixed.
our issue. I was kind of surprised that it “And it’s a good example of why state
The future passed.” trade associations should be watching and
The rate of change in the industry seems The Washington state bill also allowed tracking legislation, too. This legislation
to be speeding up. Industry pundits alkaline hydrolysis as a method of disposi- would have put some people completely
predict that many of today’s small funeral tion, which is also something SCI is not out of business in Missouri, because
homes will close their doors or sell their doing at this point. “Maybe it’s something crematory operators in the state are not
properties as real estate, rather than as we’ll look at in the future,” Hughes said. licensed funeral directors.”
funeral home operations. There are more “New disposition methods should be
consolidators than ever acquiring funeral properly regulated, for us to support.” An exhausting
homes and cemeteries around the country, One alternative method of disposition but interesting job
but they want to buy thriving businesses, that she did end up getting involved with Asked what she least enjoys—and most
not ones doing a case or two each week. this year involved “Viking funerals”— enjoys—about her job, Hughes had a ready
“That’s what’s frustrating to me,” without the boats. Think “Viking land answer. “What I like the least about my job
Hughes said. “The industry is changing, funerals.” is the amount of time involved. There’s a
but the laws that govern it are not. We’re “It was fascinating,” Hughes said. “In lot of work, a lot on my plate, and I feel
changing the laws where we can—total Missouri, a legislator introduced a bill to like it’s 24/7. I’ve neglected my family at
return is a perfect example of old laws allow for outdoor cremations. They do it times with the amount travel involved.
that restricted cemeteries to using only in Colorado, apparently, and he wanted to “What I love the most is this industry.
the income earned off the trust for allow it in Missouri. He was serious about it. It’s fascinating—never a dull moment
maintenance. Then it was brought to “The problem was, the way the bill (see: Viking funerals). I love the fact that
our attention by our trustee that other was worded it changed the definition government officials don’t know a lot about
endowment funds use the unitrust method of cremation to say that only a licensed it, so it’s exciting to educate them about our
of withdrawals.” funeral director could operate a crematory. industry and who we are. That’s fun.
Changing the laws has involved first “Our folks in the field got involved, “I love seeing results, and I love this
educating cemeterians about the issue, then calling on legislators and the association. industry. It’s so ripe for change, and that’s
the regulators, about how the unitrust/total I personally spoke with the cemetery exciting.” r

by Ed Horn, CCE
POLITICS
The visit to one congressional office during the annual

Capitol Hill visits of the ICCFA Government and Legal Affairs
Committee held a special meaning for one committee member.
Meeting John Kennedy III 55 years

after campaigning for his grandfather
L
ife moves quickly, but only when we look
back do we realize how quickly. Years
ehorn@ stmichaels seem nothing more than pages in a book
cemetery.com that we flip through in our minds.
ICCFA Magazine I met John F. Kennedy when he was a candidate
spotlight for the presidency. It was a moment that awakened
my interest in politics. Shortly thereafter, I joined
➤Horn is director of sales the local Democratic Club despite being a shy
and marketing and of introvert. When the club members realized I was
community relations at St.
not the child of a member, they “adopted” me.
Michael’s Cemetery, East
Elmhurst, New York.
I eventually learned some things about what’s
involved in a successful political campaign. I was
www.stmichaels
assigned two electoral districts where turnout for
cemetery.com
primaries was traditionally particularly low—in
➤He is a past member of the essence, I was assigned districts where I could do
ICCFA Board of Directors and no wrong.
a member of the Government
In Brooklyn, New York, whoever won the
and Legal Affairs Committee.
Democratic primary was assured the general
➤ The 9/11 Queens Firefight- election win. The political bickering over
ers Memorial and observance power took place within the party, between the Rep. Joseph Kennedy III with Ed Horn, CCE,
he spearheaded in honor reformers (those out of power) and the party- taken during the ICCFA Government and Le-
of Queens firefighters killed
designated candidates, who were at each other’s gal Affairs Committee’s Capitol Hill visits.
on September 11, 2001, re-
ceived the grand prize in the
throats. My efforts resulted in my two assigned
ICCFA’s 2005 KIP (Keeping It electoral districts having the largest turnout in of gratitude. To this day, that letter hangs above
Personal) Awards contest. the entire area, and contributed to victory for the my desk.
party’s candidates. In May, I was with the ICCFA Government
When JFK’s brother Robert announced he & Legal Affairs Committee on the annual visit
would run for the Senate from New York, he was to Capitol Hill to talk about issues of concern to
not well-received initially. “Carpetbagger,” many association members. Rep. Joseph Kennedy III
called the Massachusetts-born candidate, at least (D-MA), Robert Kennedy’s grandson, was one of
until he gradually began to win people over. the elected officials on our schedule.
I was approached to organize a ground I made sure to attend the meeting with
operation to help work the streets for Kennedy. Rep. Kennedy. (There were so many meetings
We did all the things campaigns do each cycle. scheduled, we had to split up to cover them all.)
We posted flyers, distributed handouts to I told him that I had worked for his grandfather
passersby on the streets and pushed them under during his senatorial campaign. I also informed the
doors, hung posters and, eventually, walked with congressman that his grandfather owed me $2.
Kennedy through neighborhoods. He quickly countered that the statute of
Whenever we came across a pushcart, limitations had long ago run out on that debt,
Kennedy would stop and speak to the merchant. making us all laugh. I was happy to accept
Often he would buy a hot dog, knish or pretzel. compensation in the form of having my photo
The thank-you note Horn
received from Sen. Robert F. More often than not, I or others would pay for the taken with him. For me, the meeting was a
Kennedy for working on his item, since Kennedy rarely carried change. By reminder of how time moves inexorably on.
campaign. the time we’d finished campaigning, I figure he I’m sure the congressman will remember
owed me just under two bucks. his visit from representatives of the ICCFA,
Shortly after he won the election, he sent me including a New York cemeterian who cam-
and the others who helped his campaign a letter paigned with his grandfather. r
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by Poul Lemasters, Esq.
LEGAL
Including an arbitration provision in contracts is something

every funeral home and cemetery should at least consider doing.
But first, learn more about the pros and cons of arbitration.
Weighing the pros and cons

of arbitration provisions
I
513.407.8114 f you’re not a strong reader, or just one could look like. (This is just a sample;
poul@lemastersconsulting.com of those people who like to know the check with your attorney before adding
ICCFA Magazine spotlight end of the story right away, here it is. one.)
Yes, add an arbitration provision to every
➤Lemasters is principal of Lemasters ARBITRATION: You agree that any
contract in your company.
Consulting, Cincinnati, Ohio. and all disputes between Purchaser and
However … (See what I did there?
www.lemastersconsulting.com Seller arising out of or related to the
Now you have to read on to find out about
➤As of July 1, 2019, is the ICCFA’s Agreement shall be submitted to and
the “however” part!) In all seriousness, it
general counsel. He continues as special resolved by mandatory and binding
is amazing how few death care providers
cremation counsel, as well as advisor IC- arbitration in accordance with the
have arbitration language in their con-
CFA’s cremation aducation program. He is Commercial Arbitration Rules of the
tracts. Which contracts? you may ask.
staff liaison to the Government and Legal American Arbitration Association.
Affairs Committee. Are we talking about consumer contracts?
As used herein, “dispute” shall
Employee contracts? Yes, to both.
➤He is an attorney and funeral director, mean all claims, demands, disputes,
Maybe we should start with a basic
graduated from the Cincinnati College of controversies and differences, whether
Mortuary Science in 1996 and from North- understanding of what arbitration is.
in contract or in tort, that may arise
ern Kentucky University, Chase College of Arbitration is the process of settling a
between the parties to the Agreement
Law, in 2003. He is licensed as a funeral dispute with arbitrators, rather than going
to Purchase including, but not limited
director and embalmer in Ohio and West through the typical court process, i.e.,
to, the interpretation of this Arbitration
Virginia and admitted to practice law in courts, judges and even lawyers.
Agreement and any disagreement arising
Ohio and Kentucky. Imagine a magical place where disputes
out of or related to the interpretation,
are settled among the people, by the
enforcement or breach of the Agreement.
people, and there is no need to ever hire
An arbitration proceeding initiated
a lawyer. People ride unicorns and the
under this provision shall be conducted
awards are delivered in pots of gold at the
by a panel of three arb trators. he first
end of the rainbow. Seriously, arbitration
arbitrator shall be selected by Purchaser;
isn’t all great and fantastic, but there are
the second shall be selected by the Seller;
some pretty wonderful things that are part
and the third by the two party-appointed
of the arbitration provision.
arbitrators.
But first, let’s discuss what this looks
The arbitration shall be held in
like. A typical arbitration clause is, first
such place where the Seller is located,
of all, transparent. It can be included
and is agreed upon by both Seller and
in just about any contract, both with
Purchaser. Each party to the arbitration
employees and consumers. You can have
shall bear the costs and expenses of the
new employees sign off on an arbitration
arbitration equally and will be responsible
agreement as part of their employment.
for their own attorney’s fees unless the
You may be able to include this in your
arb trator ma es a find n otherw se. he
policy manual for employees, but it gets a
dec s on of the arb trator shall be final
lot tougher to guarantee enforcement.
binding and non appealable, except that
For consumers, a business may want
such decision and the satisfaction thereof
to include this in your funeral home
may be enforced by the prevailing party
contract (Statement of Funeral Goods and
in any court of proper jurisdiction.
Services), and for cemeteries, this could be
in your Retail Installment Contract. If you Arbitration sounds like the end all,
were going to add an arbitration provision get all form of protection. You may be
for consumer purchases, this is what one asking yourself now, “Why am I not using
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LEGAL
With an arbitration provision, there is no immediate threat Cons: Arguments against

arbitration
of a lawsuit. Instead, the parties have agreed ahead of time Enforcement. Let’s get the big negative
that any issues will be settled through arbitration. Does this mean out of the way first. Arbitration agreements
are not always enforceable. There is case
you can’t get sued? No, but it does throw up a hurdle for law out there that says that arbitration
the other party to jump over before they can pursue a lawsuit. agreements are unfair and take away
someone’s right to otherwise proceed with
this arbitration provision?” Of course, it is likely you will get someone with some “their day in court.”
with great rewards, do come some risks. familiarity in your type of dispute. Plus, There are courts, as well as individuals,
Listed below are a few pros and cons you get to hand-pick one arbitrator! that believe arbitration agreements are
of arbitration clauses. These are in no Even more important than the type anti-consumer and anti-employee because
particular order, and while they are listed of people who will hear the matter is the business or employer is in a stronger
as pros and cons, there is an argument that the fact that they typically will approach position. There is sometimes a stereotype
any pro could be a con; and any con could their decision objectively. The emotional that companies with arbitration clauses are
be a pro; it just depends on who you are. aspects of a case, especially in death care less compassionate and not concerned with
matters, are always present, but there is the people who work for them or shop with
Pros: Arguments for a far greater likelihood that if you have a them.
arbitration true contract dispute, arbitrators will focus If you go down the road of using an
Privacy. For death care, privacy is always on the contract dispute and remove the arbitration clause, make sure that it is clear
a huge concern. If your business is ever underlying emotional aspect. Ultimately and communicated. If your plan is to bury
accused of misconduct, you typically this provides a basis for a more favorable the provision in a document, hoping it is
face two problems. First, there is dealing award, including the amount of damages. never read, then the arbitration clause may
with the substance of the allegation. Hurdles. We live in a very litigious not be for you. Understand that the more it
Second is trying to make sure that the society. More and more, an upset consumer is hidden, the greater the chance that it will
allegation remains private, simply based simply walks out after saying, “You will be unenforceable.
on the fear of negative public perception. hear from my attorney.” Then you receive Ease of proceeding. While it seems
Death care providers have been known a letter from an attorney that says they like ease of the process should be a
to settle meritless allegations to avoid the represent a family that has experienced positive, which it can be, it typically is
allegations being spread by the media. severe emotional damage, pay us a lot now more of a negative. Arbitration is built
Typically, a case that goes to court is or we will file a suit. to be a quick and simple process. In
public. This means that the media will While I know that lawyers only take fact, there are very few procedural rules,
not only know about the issue, they will cases that are well founded, there are requirements or processes.
have full access to the entire dispute. situations where a letter and a little threat The process is so easy that anyone
Arbitration, on the other hand, takes get results. And what’s the harm, or the can do it—you don’t even have to have
place in a private setting. Not only are cost, to send a letter? a lawyer. For example, there is no real
the proceedings private, the parties can With an arbitration provision, there is discovery process, so that means that while
agree to keep the matter confidential, thus no immediate threat of a lawsuit. Instead, you do not have to comply with discovery,
avoiding any media involvement, both the parties have agreed ahead of time which can be costly and burdensome, it
during and after the claim. that any issues will be settled through also means that anyone can bring anything
Objectivity. One of the most difficult arbitration. Does this mean you can’t get to the arbitration without the other side
problems with any death care issue is the sued? No, but it does throw up a hurdle for having any chance to learn what they are
subjective nature of the claim itself. At the the other party to jump over before they bringing. Because discovery is so broad, it
root of almost every death care claim is the can pursue a lawsuit. Keep in mind that the also means just about anything is allowed.
deceased body, someone’s loved one. How hurdle could be small or huge (more issues On the procedural side, many times a
do you put a value on mom? How do you are involved than I can fit in this article), court case can be thrown out because one
put an exact amount on that loss? It’s very but for many attorneys, the hurdle isn’t party doesn’t follow the rules of the game.
difficult. In fact, if that decision goes to a worth the pursuit. I am sure you have seen on TV where
jury, the decision becomes unpredictable. For an attorney taking the case, trying evidence is not allowed because of how
Enter the objective world of the to prove the arbitration provision is not it was received, where it was obtained or
arbitration and the arbitrator. Typically, an enforceable is possible, but presents a even who provided it.
arbitrator is someone trained to hear cases, hurdle. If the attorney takes a case that Furthermore, if a party in a lawsuit fails
and in fact many arbitrators are former must proceed with the arbitration process, to make certain claims, they can’t bring
judges. The arbitration allows the parties this is a hurdle because if the matter at them up in court later. If a party doesn’t
to select the arbitrators and focus on issue is small or meritless, the likelihood mention in the lawsuit that they suffered
individuals who have some knowledge in of a “payday” or a quick settlement is damages because of a certain act, even if
the field or area of the issue. You may not small in comparison to what could be in the trial they realize, “Oh, that’s right—I
get a cemeterian or a funeral director, but gained in a lawsuit. forgot about that,” it doesn’t matter—they
LEGAL
It’s not just a payment: Five things you should

include in your settlement release agreement
F
irst, let’s be clear. This is not a step- especially in the world of death care. state regulatory agency. There is nothing
by-step guide on how to write your All settlements are not the same, and worse than settling a possible lawsuit, only
own release. If you are ever settling in the world of death care we have some to get turned into the state board and going
a matter, you should make sure that you unique issues to contend with. Listed through that entire process.
have involved all proper parties, which below are five clauses that you should What happens if they agree not to file
most likely will include your attorney as make sure are included in any settlement a complaint, but then do file one? This
well as your insurance company. agreement. Obviously, this is not the be- section should include language that states
However, even when using an all and end-all of terms, but it’s a good if they breach the agreement by filing a
attorney or your insurance company, you foundation and can help protect you the complaint, they will liable for all damages.
may not always get what you need. (A next time you settle a matter. These damages would include attorney’s
quick apology to all other attorneys and Covenant not to sue: This seems the fees; court costs or administrative costs.
insurance representatives out there. most obvious. The entire reason we draft a Confidentiality/nondisparagement:
I am sure you are absolutely the best; I’m settlement agreement is because we don’t One common question I receive is, “Where
talking about the other ones.) want to be sued. For most agreements, are all these cases you reference? I don’t
Seriously though, when it comes to there is general language that says the see them in the news.” Enter the power of
settlements, sometimes we are so happy parties agree not to file any complaint with the confidentiality clause.
that the matter is getting wrapped up federal or state court, as well as possibly If you have a problem with a consumer,
that we don’t take the time to craft a dismiss any claims that are currently filed. whether you are at fault or not, you don’t
fitting settlement agreement. Admittedly, This is a good start, but one area unique typically want to advertise this. I have
the settlement agreement is a bit of a to death care is state regulatory agencies. yet to see a billboard that says, “We were
boilerplate document to which we add It is worth the ink to make sure that you right! We did cremate the right body!” This
a few names and some facts and voila, include language that no one will file or may be a true, but it might not be the press
signed and settled. However, there is help someone file a complaint with any you want or need.
more to a settlement agreement than that, ➤to page 46
L E G A L : A R B I T R AT I O N
In arbitration, there is a likelihood of an equitable decision, aka “splitting the baby.”

In this scenario, the facts and the law may point to a clear decision,
but the arbitrator chooses to create a result that is deemed good for everyone.
can’t bring it up. However, in arbitration arbitration: equitable relief. In the world Overall, arbitration has some fantastic
they can make up—I mean list—claims the of civil cases, the facts and the law lead benefits, but there are risks. Keep in mind
day of the hearing and they will be allowed to a conclusion and then a judgment and that this is also just a partial list of the pros
to do so. damages are awarded. It’s not always right and cons, and depending on your business
There is also a lot of posturing over this or fair, but it’s a judgment. and circumstances, other factors may be
in court cases. Lawyers file mountains of In arbitration, there is a likelihood of important to your decision.
motions hoping to exclude certain issues, an equitable decision, aka “splitting the For now, if you don’t have an
and also limit the scope of the case. One baby.” In this scenario, the facts and the arbitration clause, consider where it could
of the most powerful motions in any civil law may point to a clear decision, but the work best for you. In the world of death
case is a motion for summary judgment. arbitrator chooses to create a result that is care, the lawsuits seem to be increasing
With this filing, you are asking the court deemed good for everyone. Again, courts in number and frequency, and also in the
to decide the case now—summarily—and typically allow only certain outcomes, but range of claims. The once “normal” cases
throw it out because there is no real issue arbitrators are not bound by these and can such as negligent embalming, wrongful
of fact and the law is clear in favor of the create outcomes they think favor all the burial or wrongful cremation are joined
party filing the motion. In arbitration, there parties involved. these days by many random cases and
are no such motions or options. Any and In this respect, arbitration sometimes claims built on emotions rather than
all issues will proceed. has a mediation type of a feel to it, because wrongdoing.
Equitable relief. As objective as an there is a chance that the arbitrator won’t Arbitration won’t change what happens
arbitrator can be, there is one negative decide right versus wrong but rather come at your business or how consumers react,
that can, and sometimes does, happen in to a resolution that is “good,” in their but it may change how you and consumers
opinion. respond to the claims. r

LEGAL
Settling doesn’t necessarily equate to admitting guilt, but you better make that clear in
your settlement document. This is an additional tie to the covenant not to sue,
because we hope the party cannot file a claim anyway. But if they do, you want to make
sure that your settlement agreement wasn’t actually an admission of wrongdoing.
➤from page 45 covered in a settlement agreement, there In your agreement, we want to be clear
In almost all settlement agreements, are cases where an agreement tries to that you committed no wrongdoing and
there is standard language that the terms of sound “nice.” did not act unlawfully or breach any law or
the agreement, as well as the allegations, Instead of stating, “The consideration regulation, and that you deny liability but
shall not be released, published or for this agreement is X,” it downplays have chosen to settle this matter to avoid
disseminated. the exchange of money or product given the burdens of litigation.
(As an aside, there are scholars and simply states something like “The Parties: This is not the “raise your
who believe confidentiality clauses are business hereby refunds the money for hands in the air” party—sorry. These
problematic. One reason is that they create the services.” Make sure that you not parties are all the people involved in the
inaccurate information about the number only specify what is being given for matter. Typically, we have two parties
of claims, because the public does is not consideration, also make sure to include involved. Your business, and the consumer.
aware of all claims. everything you are giving. As far as your business, it is important to
It also skews settlement amounts, Another common issue is that a death identify it properly.
because lawyers do not have access to care provider gives more than is actually This means you need to list the actual
these private settlements. By not disclosing listed. For example, they return the money business name (typically the LLC, or
all claims, it makes the ones that are but also give some merchandise, or a legal entity), and also list the name you do
reported the only basis for determination. discount on merchandise. List out the business as. This may look something like
Typically, the ones reported are higher, so amount! Take credit where credit is due. “Lemasters LLC (aka Lemasters Funeral
confidentiality actually harms everyone.) Lastly, a word of caution. In death care Home), a limited liability company duly
This is a great start, but there is sometimes we settle matters and then registered in the state of OH.” (For all you
additional language that can help protect make promises of future items, such as Buckeye fans: Did you just say IO in your
your business: a nondisparagement a pre-need funeral arrangement. If part head?)
clause. Nondisparagement goes beyond of your agreement includes a pre-need In addition to listing your business
confidentiality and protects your business funeral arrangement or merchandise, then name(s), make sure that you also include
by preventing people from making negative you most likely need to follow all the state everyone in your business. After all, the
comments. requirements for that pre-need. point is to settle this matter with everyone.
This is more important than ever today, This means you most likely need to To do this, include language after your
because of social media and online reviews. pre-fund it, or you may risk creating a business name that states: “and its parent
A negative comment could do more pre-need contract and not following state corporation(s), predecessors, successors,
damage than the actual allegation. A sample funding guidelines. This would also be true directors, officers, employees and agents.”
nondisparagement clause may state: for providing merchandise or property at a The other party to include is the party
The party further agrees they will neither cemetery. Make sure you follow all trusting making the claim/allegation and releasing
directly or indirectly, in any capacity or requirements if you include these items. you. Many times, they are referred to “the
manner, make, express, transmit, speak, No liability or admission: Of course Undersigned” in the agreement. This may
write, verbalize or otherwise communicate you didn’t do anything wrong! Settling seem like the easiest part, and you might
in any way any remark, comment, message, doesn’t necessarily equate to admitting be asking, “How do you mess up this
information, declaration, communication or guilt, but you better make that clear in your part?” Well, it happens.
other statement of any kind, whether verbal, settlement document. This is an additional First, make sure that you include ALL
in writing, electronically transferred, tie to the covenant not to sue, because we the proper people. If the claim is from a
including any social media or online hope the party cannot file a claim anyway. child of the deceased, but there are three
reviews, or otherwise, that might reasonably But if they do, you want to make sure that other children, you probably need the other
be construed to be derogatory or critical of, your settlement agreement wasn’t actually children included, as well. The idea here
or negative toward, the other party to this an admission of wrongdoing. is that if one child can bring the claim, the
agreement. This can also affect your insurance others probably could, too, so make sure
Consideration: Consideration is a coverage. A little-known fact: Your they are all included.
critical term in any settlement agreement. insurance company will almost never Second, make sure your wording is
Not to bore you with a course in contract cover an illegal act. If you do have an issue broad enough to capture all relations, much
law, but if you do not have consideration involving something done illegally, your in the same way we capture everyone
in your agreement, it is not valid and is insurance company will most likely deny for the company. For the individual,
unenforceable. While this is almost always coverage. consider adding language that states “the
LEGAL
Undersigned” also includes, “their agents,

administrators, representatives, executors,
successors, heirs, devisees and assigns.”
I would be remiss if I didn’t add a
comment on the topic of when you use a
settlement release agreement. The easy
answer is “always.” However, we all know
that it is not always practical or advisable
to get a release signed, so I’ll list some
items to consider which can help in your
decision-making.
First, are you really giving them
anything in consideration? Many times,
families are upset, and the business is
just giving them a refund. Arguably you
aren’t giving them anything in this case
and, as stated above, a release with no
consideration is not enforceable. However,
anytime you do give more than they
originally had/paid for, a release agreement
is probably warranted.
Second, consider if you actually did
anything wrong. As stated above, we
always deny any wrongdoing, but what
about a situation where you truly made
no mistake. If the family just didn’t like
the services, for example, and wants their
money back, I am not sure a release is
warranted.
Third, consider the parties involved. If
there is an attorney involved, it’s always
easier to get a settlement agreement. If
insurance is involved, it is also equally
easier to get a settlement agreement. It is
more difficult when it is just a family and
your business. If you are looking for ways
to get a settlement agreement in these
cases, consider telling the family that you
had to talk to your attorney, and he asked
for a settlement release to be executed. It’s
always easier to blame the attorney.
Overall, the settlement release
agreement is a powerful tool that provides
SIMPLE TO LEARN
ongoing protection to your business after
Wilbert’s simpliFi burial vault presentation program
the dust settles. But the release is only as
good as what it includes. is quick, effective and simple to learn.
I was recently involved in a case where
a matter was “settled” and everyone Call your Wilbert provider or attend a webinar.
thought the issue was over. One year wilbert.com/simplifi/webinars
later, enter another family member with
their attorney and—you guessed it—the
entire matter is fresh again. Worse yet,
the written agreement the provider used is
being used against them in the matter.
So, settle every case you can, just make
sure you get it in writing—and make sure
that written document accomplishes what
it’s supposed to. —Poul Lemasters, Esq.

by Michael Pepperman, Esq.,
Charles L. Shute Jr., Esq.,
and Ivo Besica, Esq. HUMAN RESOURCES
State laws concerning the use of marijuana, whether
215.665.3032
Michael.Pepperman recreational or medicinal, are undergoing rapid changes
@obermayer.com
➤Pepperman chairs across the country. Employers need to stay abreast
the labor relations of how these changes affect their policies on drug use
practice group at the
Philadelphia firm of and hiring, disciplining or terminating employees.
Obermayer Rebmann
Maxell & Hippel LLP,
where he is a partner.
His practice is restrict-
ed to the representation of management
Managing in the stoned age:
in labor and employee relations.
Cannabis
Cannab
a is legalizat
ab legalization
a ion and its impact on employers
at
charles.shute@
obermayer.com Introduction: treat disabilities will remain hazy.
M
➤Shute is an A Green New Deal An employer’s decision-making process
associate attorney in
arijuana legalization—and its should therefore involve its counsel in
labor relations and
de-stigmatization in general— order to minimize the risk of taking a legal
employment law with hit and becoming a test case for an eager
Obermayer Rebmann already is having a major impact
on how employers interact with their plaintiff’s lawyer.
Maxwell & Hippel
LLP, Philadelphia, employees and job applicants. Particularly The good news, however, is that
Pennsylvania, focus- affected are those employers with strong employers are free to maintain a drug-free
ing on representing commitments to drug-free workplace workplace.
management in all policies and the employment of only drug- Much as they can prohibit drinking or
aspects of labor and employment law. free individuals. intoxication on the job, employers are free
Though marijuana remains illegal under to do the same with respect to marijuana—
ivo.becica@ at least for now—and may discipline those
obermayer.com federal law, the United States government
is but one of the law’s joint custodians; who violate such policies.
➤Becica is an asso-
ciate in the labor rela- the state level is where the action is. If it
has not already happened in your state, Now highering:
tions and employment
then it is only a matter of time before the Avoiding a major pitfall
law department at
legalization movement finds its way there. What about bringing on new employees?
Obermayer Rebmann
Maxell & Hippel LLP. Indeed, only four states—Idaho, As an employer’s first chance to weed out
Kansas, Nebraska and South Dakota— undesirable workers, it used to be a truism
www.obermayer.com
do not permit the use of any cannabis that an employer could ask an applicant
products whatsoever. By contrast, 10 about any drug-related convictions, and
states plus the District of Columbia allow refuse to hire the applicant based thereon.
More about this subject recreational and medical cannabis use. Is this still the case? Not necessarily,
➤ Form more information on the new An additional 23 states permit medicinal and it is not entirely due to the gradual
rule and other labor and employment
marijuana. legalization of cannabis itself.
law topics, visit the authors’ blog at “Ban the Box” has become the popular
www.hrlegalist.com and sign up for Finally, 13 states permit low-THC
rallying cry for a movement aimed at
email updates. products for medicinal use. Though states
eliminating conviction history questions
may differ by degree of acceptance, the
ICCFA membership benefit from job applications.
trend is clear.
➤Pepperman is the ICCFA’s special Thirty-five states and more than 150
As this legal and social de-stigmatization
counsel for labor relations, human re- cities have adopted this policy with respect
persists, employers face the added strain of
sources management and employment to government jobs, and 12 states impose
handling scenarios that previously permitted
law. ICCFA members in good standing this restriction on private employers
a zero tolerance approach.
may call him to discuss these issues for until after a conditional offer has been
up to 20 minutes at no charge to the mem- Unless and until a national consensus made. Many also require consideration of
ber. The association pays for this service is reached on the topic, the proper course whether a conviction is job-related, as well
via an exclusive retainer. of conduct for employers in terms of as other pertinent factors.
navigating background checks, drug tests, Aside from convictions generally, some
recreational use of cannabis outside of states have addressed (or attempted to
work and the consumption of cannabis to address) convictions related to marijuana
48 ICCFA Magazine “Like” the ICCFA

F on Facebook & fr
FA ffriend
iend “ICCFA
F Staff ”
FA
HUMAN RESOURCES
specifically. Take California, for example.
In 2014, California enacted legislation
prohibiting (with certain exceptions)
employers from asking about or relying
on convictions for minor marijuana
convictions more than two years old
during the hiring process.1
While recoverable damages for
intentional violations are small, applicants
can recover their attorney’s fees, which is
where the real exposure lies. To highlight
its seriousness, an intentional violation can
result in a misdemeanor conviction.
Despite this enlightened attitude toward
convictions specifically, when California
fully legalized recreational marijuana
beginning in 2018, it expressly permitted
employers to maintain a drug- and
alcohol-free workplace and to prohibit the
use of marijuana—for any reason—by
employees.
Similarly, New Jersey nearly passed
legislation in 2019 which would have fully
legalized recreational marijuana.
The bill also would have prohibited
employers from considering cannabis-related
arrests, charges, and convictions related to
possession and/or sale of cannabis when
making hiring decisions while still permitting
employers to maintain drug-free workplaces.
It remains to be seen whether the bill will be
reintroduced and is a situation New Jersey
employers should monitor closely.
In 2020, Nevada will become the first
state in which employers will no longer be
able to reject an applicant based on failing
a marijuana screening.
Use outside of work:

Yes we cannabis?
As legalization spreads, marijuana-related
convictions will drop below the radar.
Instead, the focus will turn to employees’
off-duty use (recreational or otherwise),
employers’ ability to drug test, employers’
interactions with disabled employees and
how these concerns affect employers’ ability
1. California, for example, permits

suspicionless drug tests as a condition
of employment after an offer is tendered
but before the employee begins work.
Once work begins, random drug testing is
generally not permitted, but an employer (267) 535 - 1490 or (267) 348 - 5059
may be permitted to require drug tests
based on a reasonable suspicion of drug or www.northeastmausoleum.com
alcohol abuse. 46 West Ferry Street, New Hope, PA
HUMAN RESOURCES
As legalization spreads, marijuana-related convictions will drop below the radar.

Instead, the focus will turn to employees’ off-duty use (recreational or otherwise),
employers’ ability to drug test, employers’ interactions with disabled employees and how
these concerns affect employers’ ability to maintain a drug-free work environment.
to maintain a drug-free work environment. the applicant, by definition, must have under the law. This gives these individuals
In general, but with certain exceptions,2 consumed the cannabis outside of work and stronger standing to sue in the event they
employers can and do drug test applicants would therefore be protected by such a law. request an accommodation related to their
and employees for many reasons. However, Similarly, given the amount of time status as a cannabis user and the employer
whether an employer can or should refuse cannabis stays in a person’s system unreasonably denies the request.
to hire an applicant or impose discipline (sometimes months), it would be next Similarly, in Connecticut an employer
against an employee over a positive test for to impossible to discipline an existing may not refuse to hire, terminate, penalize
marijuana turns on several issues, including employee based on a positive drug test or threaten an employee or applicant
whether the use is recreational or medicinal, without additional evidence of use or solely because of their status as a qualified
the law of the relevant state and the specific impairment at work. medical marijuana patient. While this does
job requirements. New Jersey attempted to pass a similar offer a measure of protection, neither state
Maine and New Jersey provide law in 2019 that would have addressed this squarely addresses whether an employer
a glimpse of how states may handle conundrum. The proposed law would have must tolerate a disabled employee’s use of
recreational use. In early 2018, Maine prohibited employers from taking any medicinal cannabis outside of work.
attempted to implement a law that would adverse employment action (e.g., hiring, The few courts that have dealt with
have flatly prohibited employers from firing, disciplinary action, etc.) against the issue seem to suggest that such an
refusing to employ a person 21 years current and potential employees because of accommodation must be provided, or, at
of age or older solely for that person’s any cannabis use, or because of a positive the very least, that an adverse employment
consumption of marijuana outside of work, urine test for cannabis, but would have action based solely on a positive drug test
but would have permitted employers to permitted employers to enforce drug-free will expose the employer to liability.
maintain a drug-free work environment. workplace policies. Recently, the Appellate Division of the
This provides an interesting thought In the absence of affirmative legislation Superior Court of New Jersey decided
experiment in terms of the effect it would specifically addressing recreational use Wild v. Carriage Funeral Holdings Inc.,
have on an employer’s anti-drug policies. outside of the workplace, it is unclear what et al. In that case, the employee was a
At first glance, it seems clear enough. If effect, if any, the legalization of recreational cancer patient who was prescribed medical
the employee did not consume marijuana marijuana would have on an employer’s marijuana. He was ultimately terminated
at work and was not impaired by its effects ability to prohibit its employees from using due to a failed drug test. While the court
while at work, then the employer would be it outside of work or testing for it. did not rule that Mr. Wild would ultimately
unable to take any adverse action. However, it is worth pointing out that prevail, it did rule that he had done enough
But what about drug testing? In theory, several states, New York being a prime to let a jury decide whether the employer
under such a law it would be next to example, have passed legislation prohibiting discriminated against him and failed to
impossible to justify not hiring an applicant discrimination against individuals based accommodate his disability.
solely on the basis of a failed drug test. on their choice to indulge in certain vices, A federal court in Arizona similarly
Since the applicant has not been hired, such as smoking tobacco and drinking found, in Whitmire v. Wal-Mart Stores Inc.,
2. California enacted a comprehensive alcohol, outside of work. It remains to be that an employer was subject to liability
“Ban the Box” law in 2018 called the seen whether cannabis, which is still illegal under state law after it fired a medical
Fair Chance Act. This law: (1) prohibited under federal law, would fall within any marijuana cardholder solely due to a
questions on applications regarding such law’s protection. positive drug test.
conviction history prior to a conditional Adding a wrinkle to the equation is the And lastly, the Supreme Court of
offer; (2) prohibited considering an question of the use of cannabis by a disabled Massachusetts, in Barbuto v. Advantage
applicant’s criminal history prior to employee to treat a disability. Several states, Sales and Marketing LLC, held that an
a conditional offer; (3) prohibited including California, oddly enough, do not exception to an employer’s drug policy
consideration of arrests not followed by require employers to accommodate disabled regarding offsite use of cannabis can be a
conviction, participation in diversion employees’ off-site cannabis use for such reasonable accommodation if it is based on
programs, or convictions that have purposes. But many states offer heightened a doctor’s recommendation and that any
been sealed, dismissed, expunged, or protections to individuals who use cannabis alternative would be less effective.
statutorily eradicated; and (4) required in this context. Thus, in states that have not explicitly
an individualized assessment about any In New York, for example, employees repudiated a duty to accommodate
conviction, a written explanation if an and applicants who are registered medical cannabis use outside of work to treat a
offer is rescinded based thereon, and an marijuana users are deemed “disabled,” and disability, added care must be taken when
opportunity for the applicant to respond. are therefore members of a protected class interacting with these employees.
➤to page 51
HUMAN RESOURCES
In New York, for example,

employees and applicants
who are registered medical
marijuana users are deemed
“disabled,” and are therefore
members of a protected class
under the law. This gives these
individuals stronger standing
to sue in the event they request
an accommodation related to
their status as a cannabis user
and the employer unreasonably
denies the request.
➤from page 50
Conclusion:
Keep off their grass
This is a budding area of the law which
differs greatly between jurisdictions. But,
three things appear to be certain, at least
for now:
(1) cannabis continues to be illegal in
all circumstances under federal law;
(2) employers are not required to
tolerate cannabis use at work, regardless
of the reason, nor are they required to
permit employees to work while under its
influence; and
(3) much as with alcohol and tobacco,
most employers—there are exceptions—
are not required to involve themselves
with employees’ offsite cannabis use,
medicinal or not, though they may be
permitted to do so.
Therefore, the best way to avoid liability
in this rapidly changing area of the law is for
employers who are not in highly regulated
industries to treat the issue like alcohol or
tobacco use and simply leave employees to
their own (de)vices unless doing so results in
a concrete detriment to the business.
To be blunt, employers who mind
their own business tend to be sued less
frequently than those who do not.
In any event, employers must realize
that the legalization of recreational and
medicinal marijuana presents uncertainty
in terms of hiring, drug testing, discipline
and providing reasonable accommodations.
Navigating these laws is a high-stakes
affair, and doing so should be a joint effort
between employers and their counsel. r

by Jack Stepanek
FINANCES
What can a cemetery manager do when the money generated by the

endowment trust fund is not keeping up with the need for income?
Dealing with low interest rates

C
emetery trusts have been dependable trend, “but it’s still just the beginning of a trend,”
sources of maintenance income for says David Falconer, funeral and cemetery
cemetery owners, but an extended period trust services manager at Regions. The shifting
of low interest rates has put the squeeze on returns. regulatory environment creates opportunities,
A decade of historically low interest rates has but also creates complexities that many cemetery
314.560.4650
jack.stepanek@regions.com been a boon to borrowers but disastrous for many owners may not be equipped to handle.
owners of the nation’s 50,000 active cemeteries. “It can be very challenging for a cemetery
ICCFA Magazine
They depend upon investment income owner to keep up with what’s going on right
spotlight
from endowment care trusts to pay for care now on a state-by-state basis and see all the
➤Stepanek vice president and and maintenance, since most states prohibit trends,” Falconer said.
strategist for Regions Funeral
cemeteries from invading the principal of an Traditionally, investments such as bonds and
and Cemetery Trust. He has
endowment care trust. But interest rates have CDs had three things working in their favor:
been with Regions Institutional
Services since 2017. fallen over the last quarter century, resulting in They were secure, paid a predictable income and
lower returns for interest-generating investments provided accessible income to cemeteries. As a
➤He has more than 30 years of held in cemetery trusts. result, portfolios heavily weighted toward fixed-
experience in the death care in-
Meanwhile, as income has plummeted, main- income investments became a default strategy
dustry. having begun his career
tenance costs have increased, leaving cemetery for cemeteries.
digging graves by hand as a
20-year-old before moving on to owners scrambling to stay afloat. Though falling interest rates put a squeeze on
pre-need sales. “There may be millions of dollars in an cemetery owners, the system worked well until
endowment, but the cemetery owners are left with the Great Recession. Following the housing crisis
➤His career includes 10-year only this thin little income stream trickling out of 2008, interest rates plummeted to historic lows
stays at both American Memo-
because so much of what’s in the fund is either and have remained there for nearly a decade.
rial Life Insurance Co. and
Homesteaders Life. He also original investment or capital gains,” said Robert Coupons on 10-year Treasury bonds were
has management and opera- M. Fells, ICCFA general counsel. higher than 4 percent before the recession; they
tional experience running funeral In response, cemeteries are searching for currently sit at about 2.5 percent and have dipped
homes on the east coast for alternatives to the traditional fixed-income below 2 percent during the 2010s. As a result,
a large industry consolidator investment portfolio strategies that have supported fixed-income investments haven’t produced as
and in the Midwest for a large the care and maintenance of their property. much income as they once did. As the lean years
independent operation. Most Two primary strategies are gaining momentum: have compounded, cemeteries have felt the pinch.
recently, Stepanek spent three The first, a total-return approach, allows cemetery Though interest rates are rising, it’s probably
years in Canada with Funeral owners to spend a fixed percentage of their not happening quickly enough to ease the burden
Plans Canada working with its
endowments’ overall value each year, rather than on cemeteries, Falconer said. “Incremental near-
pre-need marketing program.
being restricted to investment income. term rate increases won’t be enough to really
www.regions.com The second strategy, a reconsideration move the needle. Cemetery owners are still stuck
➤Regions Funeral and Cemetery of capital gains, involves counting the sale in the same spot, and with maintenance costs
Trust Services, Houston, Texas, of equity investments, including stocks, as going up, they’re looking for a way to manage this
is a dedicated business division income rather than as additional funds to an pool of money in a different fashion.”
that focuses solely on funeral and endowment’s principal. Falconer suggests consulting a financial advisor
cemetery trust needs throughout
Both philosophies promise to ease the cash to assess the regulatory environment in your state,
the country. Regions is a national
crunch for cemetery owners. But there’s a catch: including statutory changes that may be on the
leader in the funeral and cemetery
trust industry with more than 25 Both approaches require favorable state laws. horizon. In states that allow either total return or
years of experience providing Since 2009, Arizona, Colorado, Florida, the capital-gains-as-income consideration, you
services to funeral homes and Georgia, Iowa, Missouri, Nevada, Oklahoma, may be able to make fundamental changes to how
cemeteries. Tennessee, Texas and Virginia have modified their you manage your finances.
statutes so cemeteries can adopt the total-return Depending on the state environment, your
approach, and more states are likely to follow. income could be exponentially more than it is
The capital-gains-as-income approach is also today. “It frees up operating funds so that you
permitted in only a handful of states. can focus on marketing, recruiting, hiring and
The relaxation of state statutes is definitely a growing the businesses,” he said. r
Who Supplies
the Suppliers?
For funeral and cemetery suppliers, business
has never been more isolating. Often ideas
are done in a vacuum. What you know is only
what you know, which limits how far you can
go. IMSA membership can change that. We’ve
brought together some of the top industry
experts to offer our members free one-on-
one advice on marketing, business planning,
legal issues and more. We also bring to
our members insightful business-boosting
webinars, meaningful industry resources and
networking with other IMSA members. All this
for just $175 a year. We’re the only association
serving all funeral and cemetery suppliers.
Because what’s good for the suppliers is
good for the providers and that’s good for the
families. IMSA. Supplying opportunity.
www.IMSA-Online.com
IMSA members now get free consultation with Dan Katz & Rolf Gutknecht of LA ads, Jake Johnson
of Johnson Consulting, Ryan Thogmartin of Disrupt Media and Poul Lemasters of Lemasters Consulting.
by Daniel M. Isard, MSFS
1.800.426.0165 FUTURE STUDIES
danisard@
theforesight
companies.com Both funeral homes and cemeteries need to change
ICCFA with the times. In some cases, this means changing
Magazine
your mindset and how you do business. In others, it means
spotlight
➤Isard is presi- working to change laws and regulations that are out of date.
dent of The Fore-
sight Companies
LLC, a Phoenix-
based business
As Dylan sang, the times,
and management
consulting firm specializing in mergers
and acquisitions, valuations, accounting,
they are a-changin’—even
financing and customer surveys.
for funeral homes & cemeteries
A
➤He is the author of several books,
and frequently speaks at industry con-
s we circulate our thoughts about number of caskets for the facility to be a
ventions.
the current state of legislation licensed facility.
More from this author and regulatory issues, I stand up We have a significant employment
➤Educational information, including front and proclaim, with respect to Bob problem when about 1,500 licensees
copies of this article, can be found at Dylan, “The Times They Are A-Changin.’” die or retire each year and are replaced
www.theforesightcompanies.com While the grammar is sending the editor by only 750 licensees with five years of
into a twitching frenzy, I propose that for experience, yet:
➤You can follow Isard on Twitter at the funeral and cemetery world we must • In some states you must have a four-
@f4sight, LinkedIn and “like” The Fore-
reinvent ourselves from top to bottom. year college degree to be able to become a
sight Companies on Facebook.
ICCFA General Counsel Bob Fells licensed funeral director.
won’t let me quote the lyrics (copyright • We want post-high school education
issues), so if you don’t want to Google but we then fight continuing education.
them, I’ll sum up Dylan’s message: • Fewer than 1 percent of all funeral
Change is here, whether you like it or not, directors have the Certified Funeral
so it’s sink or swim time. Service Professional designation. (On the
other hand, there is no research showing
Changing funeral homes that the CFSP designation can bring more
For those in the funeral side, we must income to the recipients.)
reinvent our education and licensing • Fewer than 1 percent of all funeral
with a more holistic eye to the future, not homes apply for the Pursuit of Excellence
reinvent the past. We must understand award each year. Many of the applicants
that the needs of consumers are changing. are repeat appliers.
Therefore, we must change. We build buildings that we refer to
Today more than 50 percent of bodies as “chapels,” as if they are church-like
are cremated, yet: buildings. We welcome people to sit for a
• Most funeral homes must have a service in pews, yet:
preparation area in order to be a licensed • Depending on the source you refer
facility. to, somewhere between 23 percent and 30
• In many states a funeral home may percent of all consumers do not rely upon
not have a crematory but must have an organized religion. They don’t want to be
embalming facility. in a “chapel” or sit in pews.
• In 23 out of 49 states (Colorado • Pews are not comfortable and do not
excluded) we must be a licensed embalmer facilitate people conversing with other
in order to make funeral arrangements with mourners and well-wishers.
a consumer. • A few states allow tomato juice to
• In many states, in order to have a be served inside the building, but if it is
license to prearrange a funeral, you must heated, that drink becomes tomato soup
be a licensed funeral director and then and serving it is against the law.
have the necessary license for the funding • Many states do not allow funeral
vehicle. homes and cemeteries to be owned by
• Some states mandate a minimum the same people or companies. These are
FUTURE STUDIES
We need to embrace advance sales and realistic pricing for cremation services and
promote the long-term need for interment of bodies and cremated remains. This means
a change in licensure and education to start, then in operations, facilities and state laws, as well.
old laws that make funeral planning more the oldest, of course), cemeteries are tied back after the interment.
difficult rather than easier. with them. However, the stewardship • We don’t develop the property
• We have built a business that is of records and ground where deceased to encourage memorials beyond the
centered on crying and feeling of loss. humans reside in perpetuity has seen little gravestone.
However more than 80 percent of the advancement in the past 100 years.
deceased in our care lived to be at least 5 More than 100 years ago, we saw the The future of ‘death care’
years old, and more than 50 percent were change from “graveyards” to “memorial Someone at Goldman Sachs in the 1990s
more than 75 years old when they died. parks.” The change came about as the vista proclaimed funeral homes and cemeteries
• We don’t call these events funerals created by the different-sized and often as the “death care business,” yet we know
anymore, we call them “celebrations of crumbling headstones was not attractive we are two totally different businesses. We
life.” to view. It was decided that flat and flush know we have collaborations of service to
• They are driven more by the hospice markers were the solution. the family at the time of need but the two
nurse than by a clergyperson. We took away personalization and businesses are not aligned.
• When there is a convocation of custom memorials for flat, boring and • Cemeterians sell, funeral directors
the community, it is generally more limited memorials. We reduced the number service.
personalized and joy-filled than sad. of words to describe the soul buried • Cemeterians have contact with the
We need to rebuild the funeral world beneath. How is this an improvement? family long term, funeral directors for a
to invite arrangers who are more akin Now, more than a century later, we day or two.
to event planners. We need to lessen the must reestablish more customization. We • Cemeterians are profit-focused,
requisite education placed on embalming must find ways to preserve the memory of funeral directors are amiability-driven.
and allow funeral homes to have crema- the deceased as fully as possible. • Cemeterians are advance-sale
tories. Are we an at-need or pre-need directed, funeral directors are patient
We need to embrace advance sales and business? people.
realistic pricing for cremation services and • We need to focus on advance sales. Nevertheless, states that mandate
promote the long-term need for interment • We need to be more aggressive to funeral directors and cemeterians be
of bodies and cremated remains. This get families committed for interment and under separate ownership probably want
means a change in licensure and education inurnment now. restaurants to not sell drinks to their diners,
to start, then in operations, facilities and • We need to have more options for mandating diners go to a nearby bar.
state laws, as well. inurnment. One-stop shopping benefits consumers.
We talk about personalization, but: Funeral directors and cemeterians must
Changing cemeteries • All graves and grave sections look change state laws to help protect these two
The cemetery world must change as well. alike. great professions and allow them to be
If funeral service is an old profession (not • We don’t encourage people to come profitable into the future. r
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by the Rev. William. L. Sachs,
PhD
ICCFA Magazine spotlight E S S AY
Whether it’s a funeral, memorial service or

celebration of life, holding a public event in the wake
of a loved one’s death is an important step in
remembering that life in its totality and beginning to heal.
Why funeral and memorial

services are important
M
ore and more people die with little who has conducted hundreds of funerals,
bsachs@ststephensrva.org
recognition. One day they are here, I have repeatedly seen the need so many
➤Sachs, Richmond, Virginia, has the next day they are gone. Allen people have to control death and its
officiated at hundreds of funerals and
was one example. When he died, his son observance.
and serves as a voluntary advisor to
wanted no public observance. There was no Whether there will be a “celebration of
TribuCast, a remote attendance system
for funerals and memorials. funeral, no celebration of Allen’s life. The son life” has become a live question. If there is
ignored friends and other family members an event, how it will be conducted becomes
➤He has authored numerous books who suggested a public event. Allen simply a difficult conversation, straining family
about exploring faith and its place went away with little explanation. relations. In each case, the effort to control
in our evolving world, including To those who knew Allen, it was unsett- what is uncontrollable surfaces.
“Fragmented Lives,” “In the Face of
ling. In a few days an obituary appeared It may seem odd that I would say this. As
Difference,” “A Church Beyond Belief,”
with a picture of Allen in his prime, his smile a minister, I represent “organized religion.”
“The Transformation of Anglicanism,”
“Restoring the Ties That Bind” and others. shining from the page. The obituary briefly For some people, this means I am trying to
summarized his life. control them in the midst of their loss. Some
➤Additionally, he directs the Center A few family and friends were thanked, as people make it plain that they want no part
for Interfaith Reconciliation at St. was the hospital. Readers were encouraged of religion, which they see as judgmental and
Stephen’s Episcopal Church, Richmond, to smile like Allen and to love their animals. controlling. They only consider something
Virginia, is a visiting professor at Virginia
There the obituary stopped. There was no religious because their loved one belonged to
Theological Seminary, has served
recognition of Allen’s health struggles. More a church. They emphasize their doubts and
Yale Divinity School and has been a
Chabraja Fellow at Seabury-Western importantly, there was no opportunity to say even their hostility to religion.
Theological Seminary. He was previously goodbye. The need to control has become para-
vice-president of the Episcopal Church Smiling and loving animals are fine. But mount in our lives. Perhaps there is little we
Foundation. He has served as a parish something was missing. Allen died after can do to address the economy, or crime or
priest in Virginia, Connecticut and much struggle, not only with his health. He climate change. But we are determined to
Chicago, Illinois. kept good cheer and loved his animals. But control what happens when someone we
tribucast.com that only skimmed the surface. love has died. For some people now, even
➤Tribucast, Wilton, Connecticut, is a re- Much more needed to be said. So many the simplest observance is too much. If there
mote attendance system for funerals and people needed to be thanked. He should have is a service or event, the need to direct it is
memorials, enabling people to privately been honored. His friends should have had apparent. At times even the written wishes of
attend a loved one’s funeral or memo- the chance to grieve together. The reality the deceased person are challenged.
rial service in real time from their phone, of death and the inevitability of grief were
tablet or computer. glossed over. How a public event helps
Neither death nor the grief that results I am convinced of the need for a public event,
should be overlooked. Life is precious and whether it is religious or not. At times, I have
grief is real. But increasing numbers of been on-call for funeral homes that needed
people try to ignore reality. a minister to conduct a service for someone
Even if there is a public event, it can be who died anonymously or without family.
marked by conflict among family members Such services may be attended by 10 or
and with friends. Some want to do little or fewer people at a graveside or in a funeral
nothing at all. They need to control what has home parlor. I applaud those funeral homes
happened, even though our mortality cannot that understand the need to celebrate each
be controlled. This need has gotten out of life. Such times show a basic respect for life.
control. I grieve the loss of life, and I doubly
I could be accused of bias. As a minister grieve the lack of insistence on marking life’s
E S S AY
We need public recognition of a life that has ended,

of a person whose story begs to be told, in public.
passing. The struggles as well as the joys of must speak of the person who died. We need
life do not simply disappear. They are lodged public recognition of a life that has ended,
in memories and their imprint on others can of a person whose story begs to be told, in
be seen clearly. public. For some families this will mean
I understand that some lives are difficult religious ritual. For others, bare mention of
to celebrate. I have worked with countless God, or of a higher power, seems formal
people to heal broken relationships, to under- enough. The design of the occasion matters
stand combative family members, to accept and the place where it occurs is significant.
that some relationships cannot be mended. But what matters most is that there is an
When there is a death, I urge people to occasion to honor a life, to give appropriate
present the deceased in the best possible light. thanks, and to hear various people add their
Life must be acknowledged. Our grief must insights. Telling stories and giving thanks
surface. Only then can we go forward. Only must be done publicly. That’s why we gather
then can we begin to heal. to celebrate a life.
Grief differs from situation to situation. In If you are a religious person, you sense
one instance, we may grieve for the person that funerals are partly for the person who
our loved one was, someone on whom we has died. It matters that we take time to
relied, someone without whom we wonder thank the higher power for the life we miss.
how we can carry on. More importantly, the effort to have public
In another instance, we may grieve for recognition is necessary for those who remain
the life that never blossomed, or a life that on life’s journey. What matters most is that
may have gone off the rails. We grieve what we take time to express thanks for the miracle
we once had or hoped to have, and what was of life and the life we will miss.
lost before death made it final. Whatever the The effort to organize public recognition
nature of the life and the relationship, we will of a life lost has huge benefit. We cannot
grieve. Grieving is inevitable. avoid our grief. We cannot deal with death
In “A Grief Observed,” C. S. Lewis alone. We must come together to give thanks
grappled with the death of his beloved wife and to say good-bye for our own well-being.
Joy. He called it “the most shattering grief” of To do otherwise is to diminish our own lives,
his life. He revealed the unwanted emotional and the life of the one who has died.
and spiritual journey, from shock and anger, When we gather, through formal ritual
to despair, then acceptance. He expressed and informal receptions, stories flow. The
anger at God. life of the deceased person proves larger
Preoccupation with his loss took over, and than anyone realized. Allen’s son would
he isolated himself. He feared that he would have seen his father as a young man in
lose precious memories. Then he regrouped, school and then starting his career. Co-
re-engaging life cautiously. His faith revived workers would have revealed touching
and he moved ahead. He did not need to cling episodes from the office that the son never
to Joy. Images of her were intact. She was heard. Allen dealt with issues the son never
with him, although she was not. knew. Other people’s experiences of Allen
Each of us grieves when someone we make his life a whole.
love dies. The stages of grief are predictable, Telling stories unites the living in ways we
beginning with shock and denial. Then our cannot create alone. Allen’s son would have
anger becomes palpable, often more than we met people who shared something precious.
can manage. We try to explain, hoping to alter In grief, they would have bonded, new life
the unalterable. arising out of death. Allen would have given a
Then we reach sorrow, an emptiness that final gift. But the son’s need for control ended
seemingly will never be filled. Finally, as a that possibility. Smiling and loving animals
gift we can never explain, we begin to heal. was a weak substitute. Allen’s life meant
Grief is a process that must run its course. much more.
Lewis was never the same, but he was OK. We need to acknowledge grief together.
When grief begins, our instinct is to try In the mystery of healing, we become
to push down difficult feelings. But grief united. Then life is renewed, and we can
becomes worse if we try to control it. We give thanks. r

by ICCFA Magazine columnist
Todd W. Van Beck, CFuE
vanbeck@ PROFESSIONAL DEVELOPMENT
guptoncollege.edu;
toddvanbeck@ Procrastination is a problem for many people.
gmail.com
ICCFA
Though we can’t put off meeting with people who come into the
Magazine funeral home or cemetery, it’s possible to put off paperwork,
spotlight
or following up on pre-need leads or doing many of the other
➤Van Beck is one
of the most sought- things we need to do. Here’s how to stop procrastinating.
after speakers and
The 2 1/2-minute manager

educators in funeral
service. He is the director of continuing
education for John A. Gupton College,
Nashville, Tennessee.
The cure for procrastination
M
www.guptoncollege.edu
➤Van Beck is dean of ICCFA University’s aybe you know someone who weight of my responsibility to register new
College of Funeral Home Management habitually waits until the 59th students became heavier and heavier, and still
and received the ICCFA Educational second of the 11th hour to I procrastinated in doing anything to step up
Foundation’s first ever Lasting Impact
start something. I have to plead guilty to to the plate and learn the new system. Several
Award in 2014.
procrastination. I am not as bad as I once of my colleagues offered to show me the
More from this author was, but there was a time … system, but oh, no—Todd knew best.
I remember as a young man carrying a The weight of this task I was avoiding
➤In Van Beck’s new heavy weight (makes no difference what was so great that I was having dreams
book, “Exploring the
the weight was) and the weight was all about those blasted computers.
Heart of Funeral Ser-
vice,” he explores topics right as long as I kept moving. But the Finally the end of the semester
pertinent to funeral com minute I would stop and put the weight on came, we went on break, and still I
munications and funeral the ground and take a breather, it seemed procrastinated. In fact, I waited until the
service counseling. that the weight became even heavier, and 59th second of the 11th hour, and it took
www.amazon.com the distance to be traveled greater and the a scolding telephone call from the dean to
work just that much more unpleasant. motivate me to do precisely what I should
Have you even noticed that the longer you have done, and was being paid to do, five
➤Van Beck’s book look at something you should be doing, the months earlier.
“Reverence for the Dead: more difficult it seems to appear? That the To add insult to injury, all of the collea-
The Unavoidable Link,” longer you put off something you should do, gues who had kindly and generously offered
addresses in detail the the more difficult it is to get started? A good to teach me the computer system were out
ethical standards of car- deal of frustration and unhappiness could be of town because of the semester break.
ing for the dead and the
avoided if people would just do what they Looking back at this humiliating
ethical consequences of
not doing so.
know they should do, and sometimes without episode in my life, who did I think I was?
www.amazon.com being asked—now there is a novel idea! I had been hired as the chairman of the
Many years ago, I was running a mortuary science department, and I was
➤Van Beck’s book mortuary college program back east. deciding what I wanted to do and what
“The Genius of Frank Computers were just starting to come I didn’t want to do? Who did I think I
E. Campbell,” is the first into mainstream use, and I was so afraid was? My arrogance and my stubbornness
biography of the famed of and intimidated by these new-fangled resulted in about 30 innocent students
funeral director, probably contraptions that I refused to use one. This getting their class schedules three weeks
the most famous and fa- was not a wise thing to do on my part, but late, not to mention the lack of respect this
miliar name in the history I had convinced myself that computers totally avoidable situation created in the
of the funeral profession. were just a passing fad and that in time dean’s attitude toward me.
www.amazon.com
humanity would be returning to the quill Dr. Norman Vincent Peale once said,
pen and parchment. “Don’t exaggerate your own importance. You
There was just one problem: The chair are an ant in a human ant hill. Be a working
of each department was required at the end ant—not a ridiculous insect pitying yourself.”
of each semester to enroll their students in That might seem like strong language, but in
the respective classes for the next term— today’s world where so many people seem
on the computer, using the new computer to want to be the bride at every wedding and
program in which the college had invested corpse at every funeral, there’s a lot of sense
thousands of dollars. in what Peale said.
As the semester marched onward, the As I observed earlier, a person carrying
ICCFA June 2/3 Page 4.5” x 10”
PROFESSIONAL
DEVELOPMENT
a heavy weight, no matter what it is, is all

right as long as they keep moving. The
minute they stop, put the weight on the
ground and sit down to rest, the weight
seems to become heavier, the distance to
be traveled greater and the task just that
much more unpleasant.
In the world of the cemetery and the
funeral home, sometimes it seems to us
that things have piled up so high there
is just no way of getting out from under.
Add to this stress the stark reality that
people never have and never will die
by appointment, and the weight of our
profession can easily become a grand
burden, causing procrastination to sneak
in. And when procrastination sneaks in, the
consequences are rarely good.
Tackling procrastination
The best approach I have found in dealing
with my temptation to procrastinate is
to first honestly admit that I am human,
I have good days and bad days, and
recognize the temptation to procrastinate is
within my power to influence. I remember
the negative consequences when I did
procrastinate, and decide I don’t want a
repeat of that, so I grit my teeth and do
this: I pick the thing that’s most important
to do, no matter how boring or unpleasant,
and simply begin doing it.
In time, I am finished, and I am so relieved
and happy that when I can turn to doing
something I really love, the experience is all
the more enjoyable and positive. This is not
utopian thinking, it truly works.
I have found that by just digging in,
I feel better, and I then discover that the
horrible, boring and hideous job I have to
do turns out to be not nearly as bad as I
thought it would be.
Here is an example. Without question,
right now my most tedious, boring,
wearisome, repetitive, unvarying, mind-
numbing, soul-destroying and dreary
responsibility is filling out continuing
education forms for the state.
There, I’ve said it. The interesting part
of this confession is that I am the director of
continuing education at the college. It is my
job. Filing continuing education verification
attendance forms is part of my job, and it is
one of the most brain-numbing things I do.
But I well understand that if I procrastinate
in completing these forms, the consequences
are not good. In fact, the consequences for

PROFESSIONAL DEVELOPMENT
The top 10 percent of our family service counselors were not procrastinators.
They tackled their stack of leads with diligence starting at 8 a.m. every day they were at work.
They used the pre-need organizational system the company had furnished,
and many times they were not even in the building, they were out making calls,
and rarely did I seen them loitering in the staff area. They worked hard, and they received
such positive results that they were able to realize an impressive income and they stayed.
me are so distasteful that after I finish a won’t go. I will stay in bed today and start The top 10 percent of our family service
continuing education seminar, the first thing I tomorrow.” I wanted to procrastinate, but counselors were not procrastinators.
do is to complete and send in the continuing if I had given into the temptation to stay in They tackled their stack of leads with
education verification forms. my warm bed, I probably would have slept diligence starting at 8 a.m. every day they
At this stage of my life, even though I mortuary college away. were at work. They used the pre-need
find the job of completing the forms not I got out of bed, shaky and insecure, organizational system the company had
very interesting, I have a higher motivation, and took the first step, and 50 years later furnished, and many times they were not
way beyond doing what’s necessary to I can attest to the reader that the first step, even in the building, they were out making
collect my paycheck. I fill the forms out that first day of mortuary college, literally calls, and rarely did I seen them loitering
because helping the funeral directors and changed my life—and all for the good. in the staff area. They worked hard, and
embalmers who have attended my seminar If we keep putting one foot in front they received such positive results that
renew their licenses is of utmost importance of the other, we will be taken into new they were able to realize an impressive
to those good people. and exciting places, we will see new income and they stayed.
I have found when the motivation to do and interesting things and we will think The people in the middle 80 percent
a boring task results in a service to other thoughts that never would have come to us were a mirror of the top 10 percent most of
people, procrastination vanishes. The best if we had remained at the starting point. the time, but they lacked consistency.
motivator is to be of service to others, If I had remained in bed, if I had not Then there were the people in the bottom
which I would humbly suggest is the DNA taken that first step, I would never have 10 percent. They went through gallons of
of funeral and cemetery service. encountered Dr. Edgar N. Jackson. It coffee. They were inside the building all
I look at my pile of CEU forms, was Dr. Jackson who said to this loser day long. Piles of leads sat idle on their
and while I would prefer to write or from Iowa one day, “Todd, have you ever desks, and I found they were very creative
prepare some other program that is really thought about speaking in public?” That one in making excuses. In the end, the group
interesting, I dive into the forms and keep statement changed my life. was like a revolving door, they made little
at it. Before long, the pesky stack of CEU money, they expressed anger at everything
forms that seemed so overwhelmingly Worry does the damage and everybody, and with self-righteous
boring is behind me; the task is finished. If you think back, is it not true that you indignation they eventually stomped out the
What overwhelms people, I believe, is were happiest, the most contented, after front door, proclaiming, “I am out of here!”
not the work itself but thinking how hard having finished a difficult project or Few tears were shed when a bottom 10
it’s going to be. I know this is how I felt faced up to a responsibility that you were percenter left the company.
when I kept putting off the assignment to worried about? I have found that whatever Do you see the differences in these
register students on the computer those I was avoiding never turned out to be as three groups? They all had the same
many years ago. bad as I thought it was going to, and the training, the same sales materials, the same
The Chinese have a saying that a joy that came with the accomplishment resources and the same opportunities, but
journey of a thousand miles begins made it more than worthwhile. that pesky procrastination problem crept in
with but a single step. That first step My grandfather had a favorite saying among some of them and, as they say, the
accomplishes two things: “Work never killed anyone.” In my experi- rest was history.
1. It automatically shortens the distance ence, it is the worry that does the damage. I have always been a great fan of
we still have to travel. And it is possible that worry will disappear President Calvin Coolidge; Google him and
2. It makes us feel better, more hopeful, when we just settle down and do the work. I bet you will like him, too. Coolidge once
and strengthens our faith that we can do it. I managed a funeral home-cemetery said, “All growth depends upon activity.
I experienced this when I went to combination some years ago. We spent There is no development physically or
mortuary college. I had been such a flop thousands of dollars on pre-need lead intellectually without effort, and effort
as a student up to that point. I had no self- generation programs, and the programs means work. Work is not a curse; it is
confidence, but I loved funeral service, so worked. We received hundreds of pre-need the prerogative of intelligence, the only
there I was, enrolled in mortuary college. leads and the leads would be distributed to means to maturity, and the measure of
What was a loser like me to do? the family service counselors on the pre- civilization.” What Coolidge is describing is
The first morning when classes began I need staff. the absolute opposite of procrastination—a
woke up, scared to death, and thought, “I It seemed to always split 10/80/10. good life lesson. r
by Mike Veney
MAINTENANCE & TECHNOLOGY
mike.veney
@davey.com
Robots are becoming more visible as they take on more tasks ➤Veney is manager
previously performed by people. Can robots do some of the work of environmental
programs at The
involved in maintaining cemetery grounds? Mitch Rose of Davey Institute,
which helps ensure
The Woodlawn Cemetery & Conservancy decided to find out. Davey’s science-
based approach
to arboriculture
considers all
aspects of environmental responsibility
and encourages sustainable landscape
practices. He has a bachelor’s degree
in environmental management from the
University of Findlay and a degree in law
from the University of Akron.
www.davey.com
➤Davey Tree Expert Co.’s 9,000 em-
ployees provide diversified tree services,
grounds maintenance and environmental
consulting services for the residential, util-
ity, commercial and government markets
throughout the U.S. and Canada. Davey
has provided proven solutions for a growing
world since 1880 and has been employee-
owned for 38 years.
MRose@
thewoodlawn
cemetery.org
➤Mitch Rose,
CCFE, CCrE, is
president and CEO
of The Woodlawn
Cemetery & Con-
servancy, Bronx,
New York. He joined
Woodlawn in 2010.
He previously worked
for Carriage Services, Service Corpora-
A robot mower quietly works at The Woodlawn Cemetery in New York City. tion International and Stewart Enterprises,
where he started his career after graduating
Robot mowers Lucy & Fred get with a degree in business administration
from the University of Central Florida.
a try-out at Woodlawn Cemetery ➤He is the ICCFA vice president for educa-
tion.
www.thewoodlawncemetery.org
Editor’s note: This article was written dose of technology. www.woodlawnconservancy.org
for the New York State Association of Rose already had a good working
W
➤The Woodlawn Cemetery, Bronx,
Cemeteries and is used with permission. relationship with The Davey Tree Expert
New York, a 400-acre, nonsectarian
hen Mitch Rose, president of Co, which has maintained Woodlawn’s cemetery, was founded in 1863. It was
The Woodlawn Cemetery & 400 acre property for at least six years. designated a National Historic Landmark
Conservancy in the Bronx, New But when he stopped by their booth, he in 2011 and has achieved Level II arbo-
York, attended the ICCFA Convention was surprised to see something he’d never retum status from ArbNet. The cemetery
in Charlotte, North Carolina, in April encountered before: robotic mowing has more than 300,000 interments and
2019, he was expecting to meet and machines. Compact and sleek, the little welcomes more than 100,000 visitors
trade information with other cemetery machines are capable of mowing large each year, many to attend programs by
professionals from North America and expanses of turf automatically, without gas the Woodlawn Conservancy, a 501(c)(3)
nonprofit organization.
around the world. engines, big tires or even operators.
He did, but he also got a jaw-dropping “The first thing that crossed my mind

In today’s business environment, labor shortages are common in the landscaping industry.
Robots free up trained lawn care professionals to spend the bulk of their time doing
other tasks such as edging, trimming and maintaining the plants and trees on the property.
when I saw the Automowers was ‘Silent
Running,’ a science fiction movie from
1972 that featured spaceships circling the
earth,” Rose said. The movie featured three
robots named Huey, Dewey and Louie that
served as caretakers on these ships, which
functioned as off-planet nature preserves.
Just like the movie robots, the
Automowers displayed at the ICCFA
convention are environmentally friendly.
They offer reduced noise and emissions and
minimizing compaction of the soil.
As a forward-thinking person
who embraces new technology, Rose
immediately recognized the potential these
tools would bring to the cemetery industry
in general and Woodlawn Cemetery in
particular. Intrigued, he approached the
Davey team about putting the robots to
work at Woodlawn.
Davey was excited to partner with Lucy and Fred docked and charging up for another session of mowing.
Woodlawn on a robotic mowing project.
Because the technology is relatively “We’re looking not only for efficiency trimming and maintaining the plants and
new, they had been looking for suitable but for quality results. There are several trees on the property.
opportunities to test the Automowers’ interesting aspects of the robotic mowers
capabilities that are unique. One is that they are Pros and cons
In 2018, Davey had already conducted essentially mulching mowers. We have “These things are fun,” said Mark Nielsen,
a pilot robotic mower project on an acre always advocated the use of mulching the Davey Tree supervisor in charge of the
of ground on their own campus in Kent, mowers throughout the entire cemetery. mowers at Woodlawn. “At only 42 pounds,
Ohio. The results were promising: The little This allows the grass clippings to fall right they cause far less wear and tear on the
machine had performed well while reducing back into the ground, which helps to retain turf than conventional lawn mowers.
carbon dioxide emissions by approximately nutrients and water in the soil for healthier And since they are powered by lithium
80 percent compared to traditional mowing. turf and water conservation. 20-volt batteries, there are no gas fumes
Woodlawn Cemetery provided a fairly “Robotic mowers do that and in a fine or other emissions. I can program them
flat, four-acre parcel of land for use as a manner because their blades function with my smartphone and even direct their
test plot. They selected a parcel relatively as a very fine, high intensity chopping movements remotely when I’m on another
free of monuments and other obstructions. mechanism. In fact, they chop the blades site.”
On May 15, 2019, Davey crews installed of grass so finely that they leave no visible Both Davey employees and Woodlawn
two Husqvarna 450X automatic mowing grass clippings. The plot literally looks like staff find the mowers strangely charming.
machines on the plot. it’s vacuumed.” Noticing that the two machines appear to
The installation involved burying a Unlike human operators on riding have distinct “personalities” in the way they
boundary wire 4 to 6 inches deep around the mowers whose mowing patterns make criss- move, they have affectionately nicknamed
perimeter of the area to be mowed. Davey cross designs in the grass, Automowers the robots Lucy and Fred. However, their
also installed two docking stations, so the have patternless movements, leaving only a popularity does need to be monitored.
mowers could park themselves, dock and manicured appearance without the mark of During the first week the Automowers
recharge. machinery. were in service, they proved to be
So far, Rose is pleased with the The new Automowers can help solve something of a spectator event. They
Automowers’ performance. other challenges as well. In today’s attracted crowds of children and adults
“Thus far it’s been our evaluation that business environment, labor shortages who followed the cute little 2-by-2-foot
we haven’t had to actively manage them. are common in the landscaping industry. machines, taking pictures and asking
They go up and down in a particular plot Robots free up trained lawn care questions.
over a couple of acres, and when they sense professionals to spend the bulk of their Rose and Nielsen agreed that it would
the boundary, they turn around. time doing other tasks such as edging, be best to minimize the public’s interaction
Noticing that the two machines appear to have distinct

“personalities” in the way they move, they have affectionately
nicknamed the robots Lucy and Fred. However, their popularity
does need to be monitored. During the first week the Automowers
were in service, they proved to be something of a spectator event.
with the Automowers, both from a safety connected to the cemetery’s nighttime
standpoint and to protect the machines security guards’ smartphones, so if a unit
themselves, as well as to maintain the does run into trouble, assistance is readily
respectful atmosphere of the cemetery. available.
Fortunately, Lucy and Fred can work Rose expects that technology will
just as easily in the dark as during the day. eventually overcome these drawbacks.
And that’s what they do now, all night “Now we are seeing so many advances
long. They charge up for an hour, mow in laser technology. Think of newer
grass for three hours and repeat, again and cars, where the light goes on to warn
again, until sunrise. you if something is coming, or taking
Just like dogs inside an invisible fence, measurements with a laser light. Ultimately
the robotic mowers have learned the I believe that kind of technology will
perimeters of their assigned territories. integrate into these mowers, perhaps also
Unlike the dogs, they don’t make any integrating things like robotic arms for
noise at all. trimming, to enable them to function more
While Rose believes that eventually the effectively in a cemetery setting.”
novelty will wear off as robotic technology When asked if he were ready to
becomes more commonplace, night purchase a robotic mower of his own, Rose
mowing has proven to be an excellent offered these final thoughts: “Automated
solution for many reasons other than mowing machinery is a welcome step
avoiding crowds. into the future. Thus far it’s been a great
“Daytime mowing has impact. It can experience. I was most impressed with
affect the experience of someone trying the fact that it’s trimming so often and so
to pay their respects to a departed loved much that the turf is quite even and level.
one at a grave site. Running the mowers at Every single day of the week, the height
night allows us to provide a more peaceful is consistent, and the entire parcel looks
cemetery environment.” kept and manicured, with no clumping or
bulking up of longer turf blades.
Limitations of “On the other hand, the technology
robotic mowers is not yet there for broad application in
Commercial use of robotic mowing as a cemeteries. The lack of trimming makes it
technology is still in its infancy, and these problematic. We hand-picked a spot with
machines do have their limitations. “At even ground and few monuments, and
this stage one significant drawback is that in such an area even existing technology
the Automowers don’t have trimming is quite promising. In five to 10 years,
capabilities,” Rose said. “They can’t get if the technology continues to advance,
right to the edge and trim a monument, these machines will probably outnumber
and they can’t cut from the side. Anywhere traditional mowers, even at the smaller
there’s an obstruction, or along the cemeteries.
boundaries of the plot, has to be trimmed “As for investing in the technology for
by hand. Woodlawn, at this point we are pleased
“Another potential challenge is getting to work with a landscape company that
stuck in a hole, deep mulch bed or deep does the investing and testing for us.
bed edge. However, the unit is connected We’re proud to be part of this experiment
to a smartphone, and if such a thing occurs to determine the capacity of this exciting
it sends a signal for assistance, so someone new device, and look forward to partnering
can go out and set it right again.” with Davey in the future as they continue
While such an incident hasn’t yet to leverage everything technology has to
happened, Woodlawn is prepared for offer to keep Woodlawn both beautiful and
the possibility. Their signals are now sustainable.” r

by Welton Hong
ICCFA Magazine spotlight MARKETING & TECHNOLOGY
408.982.6096
welton@RingRing At-need calls are important, no matter how strong your
Marketing.com
pre-need sales are, so you need to make sure you’ll show up
➤Hong is the
founder of Ring atop the listings when someone in an at-need situation
Ring Marketing, Las
Vegas, Nevada. He
searches for “funeral home” on their smartphone.
is an expert in case
generation from
online platforms
to the phone line.
PPC is the key to quickly
He is the author of “Making Your Phone
Ring with Internet Marketing for Funeral generating at-need calls
I
Homes.”
www.funeralhomeprofits.com f you needed to put together a coffee online search with over 90 percent of the
➤Ring Ring Marketing offers a table from scratch, could you do it market, it’s obviously the first place you
comprehensive suite of marketing without a hammer? Sure, you could. need to focus your PPC efforts. (For many
services, from broad techniques such as You could drive those nails with a brick, death care businesses, it likely will be the
reputation management, pay-per-click for example. Maybe you could even use an only place, but that could change over time if
advertising, local search optimization, old shoe, if the heel is hard enough. Those another search engine makes headway.)
email marketing and website content certainly are options.
generation, to more surgical tools such However, it would be hard. It would be Understanding Google Ads
as geotargeting, remarketing and social exhausting. It would take a lot of time— First, a little history: A couple of decades ago,
media marketing. far more than if you used a hammer. And most Americans were just starting to migrate
you might not drive the nails as straight from the basic search capabilities provided by
with a brick or a shoe as you would with a America Online to newer search engines such
hammer, so the end result might not have as Yahoo and Google.
the quality you’d hoped for. While AOL and Yahoo hung in there
At the risk of stating something exceed- for a while, it didn’t take long for Google’s
ingly obvious, this is why humans created superior search architecture to dominate its
tools. They make jobs easier and faster. They competitors. Google’s algorithms simply
produce the desired results most efficiently. provided superior results, which means
You can turn a screw with a butter knife, it did a better job of understanding what
but it’ll go much better with a manual screw- you were looking for and creating lists of
driver. If you have to turn a dozen screws, options most relevant to that inquiry.
an electric screwdriver saves you energy and It’s as simple as that. It’s really just that
time. If you have to turn 100 screws, get a simple today. Google’s entire foundational
cordless drill with the right screw bit. value is that it does the best job of under-
In all aspects of life, you need to use standing what you want and placing the best
the right tool for the job. This applies to options right up top. That’s how its organic
marketing your funeral home or other death (unpaid) listings work, and that’s largely the
care business, as well. idea behind its advertisements, as well.
If you want to produce more at-need calls Google first launched its paid ads service,
as quickly and effectively as possible, the then called Google AdWords, on its search
right tool for the job is quite simple: pay-per- engine results pages (SERPs) in October
click marketing, typically just called PPC. 2000. Yes, that’s almost 19 years ago, if you
That doesn’t mean PPC is the only weren’t feeling old already.
digital marketing tool for generating at-need In 2017, Google brought in $95.4 billion
calls from the internet, of course. However, from paid ads, which was 86 percent of its
it’s unquestionably the best one in existence total revenue. If you’re wondering where
to immediately get at-need calls flowing Google comes up with all that money
into your funeral home in 2019. for self-driving cars and all sorts of other
For our purposes here, I’ll be focusing technology development, wonder no more:
on the massively dominant player in PPC, It’s all about advertising.
Google Ads (previously called Google All of which is to say that advertising
AdWords). on search pages definitely works. It works
With Google continuing to dominate because the ads that appear on SERPs are
MARKETING & TECHNOLOGY
PPC fills in the gap while your SEO is taking effect. You don’t have to wait for your
funeral home website to work its way toward the top. Once you’ve decided to invest in PPC
and create some ads, they can appear on Google search pages in as little as 24 hours.
specifically relevant to what people are The symbiotic relationship of especially important. In that case, PPC is
searching for in the first place. PPC ads and organic listings the only means by which you can enjoy that
If you’re looking for funeral providers in So if PPC ads essentially serve the same prime real estate on the front page of search
Boulder, Colorado, you can simply search function as unpaid listings, why should results.
for Boulder Colorado funeral to see an death care companies invest in them? SEO takes time to work. You could do
organic list of local providers, plus ads for It’s as simple as this: You can’t directly everything in the book to improve your
businesses that have invested in PPC. control how well your business appears website’s SEO this week. You could create
This is where I should address a sticking in local search results. Through dedicated tons of original, relevant content. You could
point for some funeral home owners when search engine optimization (SEO) efforts, intersperse relevant keywords throughout
they consider whether to spend money on you can do a lot to improve your ranking your site. You could create great meta
Google Ads: They’re not sure that people (against your local competitors), but there’s descriptions and title tags. And you should
actually click on the ads. no guarantee you’ll be front and center be doing all these things.
There’s a historical consideration here. when someone has an immediate need for Regardless, it could take anywhere
When paid ads first started appearing on funeral, burial or cremation services in your from six months to a year for all of those
SERPs (again, we’re talking about two area. improvements to prompt Google to rank
decades ago), some online searchers found It is absolutely important to rank as well you near the top of local search results. And
it jarring. They were much more likely to as possible in organic listings. Despite lots remember, some of your competitors are
click on an organic (unpaid) listing on the of chatter over the past few years about likely doing the same search optimization,
page than click on an ad. the eventual demise of generating clientele so you’ll always be battling with them for
That consumer behavior has completely through unpaid listings, they’re still going position.
changed over time, but much like an “old strong—and they certainly will be for some PPC fills in the gap while your SEO is
wives’ tale,” the original impression still time. taking effect. You don’t have to wait for
sticks with some business owners. They No one wants to search for information your funeral home website to work its way
remember being distrustful of paid ads on local businesses and see nothing but a toward the top. Once you’ve decided to
way back when, and they don’t realize list of advertisements. The organic listings invest in PPC and create some ads, they can
everything’s different now. themselves bolster the credibility of the appear on Google search pages in as little
In 2019, online searchers absolutely very ads you see on the page. as 24 hours. At worst, they’ll be up within
click on paid ads. If they didn’t, Google If your funeral home is running PPC 72 hours.
wouldn’t be on the verge of $100 billion in ads but your website SEO is so poor that That’s one reason Google Ads are so
paid ad revenue alone. it doesn’t even appear on the first page of powerful for immediately increasing at-
Americans have become accustomed organic search results (presuming you’re need calls. Every year, more people turn
to 24/7 internet access. They’re online not in an incredibly competitive area, such to the internet to find local death care
everywhere they go, all the time, as a very large city), that’s not optimal. You providers. They have their smartphones on
thanks to smartphones, tablets and even need to approach this battle on both fronts. them constantly. When there’s a death with
smartwatches. And today, they’re especially You need to rank as highly as possible no plan in place or an established provider
used to online advertising. They see organically and capture more at-need and for the family, your PPC ad is there to target
customized ads on their Facebook feeds, pre-need cases through PPC. that opportunity.
Twitter timelines and Instagram feeds. When you’re running a PPC ad, that ad’s If that’s not all, consider that Google
So there’s nothing strange to today’s user credibility is massively bolstered when the recently made major improvements to the
about seeing ads on search results pages. searcher sees your organic listing nearby structure of its PPC ads. Last year, it added
Google does a great job now of making on the search page. That shows you’re the ability to include one extra headline and
ads fit in organically on pages while still legitimate. Google considers you one of the description line. That means your ads can
ensuring every ad is labeled as such. Google top providers in your area, which is why now display up to three headlines and two
is careful to ensure no one is ever deceived you’re organically ranked well. description lines—letting you more clearly
into thinking an ad is actually an unpaid At that point, it doesn’t matter whether and comprehensively communicate to
listing, but its labeling is also subtle enough the searcher clicks on your organic listing or potential clientele.
that ads always feel appropriate on the page. your Google ad: Either way, that person is In my opinion, no independent funeral
Most of the time, if you were to click about to visit your website or even just call home or related death care services provider
on a PPC ad instead of a business’s organic you directly, as is often the case in at-need can afford to opt out of PPC advertising in
listing, the result would be the same. Either situations. 2019. It’s the best and fastest way to quickly
way, you’re typically sent to a business On the other hand, if your death care generate at-need calls from the internet,
home page or landing page. The only business still isn’t ranked well in organic which is increasingly the place where
difference is the origin point. listings, investing in Google Ads is people go to choose death care services. r

by Daniel M. Isard, MSFS
1.800.426.0165 FINANCES
danisard@
theforesight
companies.com Whether you operate a funeral home or a cemetery,
ICCFA you need to keep a certain amount of cash on hand.
Magazine
spotlight
How much depends on many factors.
➤Isard is
president of
The Foresight
How much cash should your
Companies LLC,
business keep on hand?
A
a Phoenix-based
business and
management consulting firm specializing recent e-mail simply asked, “How
in mergers and acquisitions, valuations, much cash should my business
accounting, financing and customer keep on hand?” That request was
surveys.
simply stated but the answer is an essay.
➤He is the author of several books, If I were writing for a funeral publication,
and frequently speaks at industry con- my reply would be half as long. However, Computation #1:
ventions. as the ICCFA has members that may be X months of overhead
More from this author funeral, cemetery or combo operators, The first undertaking is to understand
I feel a responsible reply must cover the your business overhead. You need enough
➤Educational information, including
different needs of these different business cash to cover your overhead. Overhead is
copies of this article, can be found at
models. computed by adding up your annual cost
www.theforesightcompanies.com
The cash needed to run a business of operation and annual cost of finance.
➤You can follow Isard on Twitter at is critical. In a study by U.S. Bank, Cost of operation is the total cost
@f4sight, LinkedIn and “like” The Fore- 82 percent of the time, poor cash flow of running your business for a year. It
sight Companies on Facebook. management or poor understanding of includes the following items on your
Editor’s note cash is the reason for business failure. profit/loss statement:
The Cemetery Impossible column is Each year more businesses fail due to lack • Cost of goods sold
written by the staff of The Foresight of cash reserves, rather than due to a bad • Total staffing costs
Companies. If you have a question idea. Undercapitalized businesses are a • Livery and vehicle costs
you want to be featured in this huge problem. • Cost of non-retail goods used in your
column, please send it to danisard@ In our business arena, we are faced with services
theforesightcompanies.com. Dan unique challenges. If cash gets tight, we • Variable facility costs
Isard or a member of his staff will call cannot react the way other businesses do. • Advertising, marketing and public
you to get more information and a In funeral service: relations
recommendation will be provided via this • We can’t run a “sale” and generate
column, helping not only you but also
• General and administrative (which
new business. includes travel, accounting/legal,
others who are facing similar challenges.
• Most of the advance sales revenue telephone, bad debt, office expenses, other
is trusted or all of it is placed into an tax and license, casualty insurance as well
insurance contract. as miscellaneous expenses)
In cemetery businesses: • Fixed facility costs
• Many are not-for-profit businesses, • Other expenses
so there is no one person who can borrow The cost of finance includes:
money to infuse a business in a cash • Principal and interest on debt
crunch. • Covenant not to compete payments
• Banks do not understand the cemetery • Any other purchase debt
business and do not know how to lend to • Taxes
one. • Deferred maintenance
Thus, this simple question is one of the • Profit
most important concepts we must master If the cost of operations is $1 million
as a business owner or manager in these and the cost of finance is $200,000, the
professions. total overhead costs are $1.2 million. One
There are three ways of computing the month of overhead is $100,000.
amount of cash for any business to keep on The question is, how many months
hand. I will define and translate each to the of overhead should you have on hand in
language of funeral or cemetery. your operating account? That is solved in
FINANCES
At worst, following these guides will give the funeral home or cemetery
more cash than they need. More cash in the bank for the owner leads to
less stress, lower blood pressure and a better night’s sleep.
the business model section that follows

computation #3. FUNERAL HOMES
Size of business 1. Months of 2. Multiple of 3. Days of
Computation #2: overhead current assets overhead
A multiple of current assets to current above working
less current liabilities liabilities capital
The second computation is to understand Average 3 months 2.5 times 75 to 90 days
your business balance sheet. You need to (120 or fewer
understand your current assets and your calls/year
current liabilities.
Current assets typically include: Mid-sized 2.5 months 2.25 times 60 to 75 days
• Cash (app. 200+
• Accounts receivable calls/year)
• Merchandise inventory Large 2 months 2 times 45 to 60 days
• Pre-need and/or trust receivables (above 250
• Prepaid expenses calls/year)
Current liabilities typically include:
• Accounts payable and arrive at a daily excess working capital Is it possible that in any one month, this
• Taxes payable of about 15 days. average funeral home might perform 15
• Sales taxes payable You are going to ask, “How many days calls? Of course it is. It is therefore just as
• Credit cards payable of excess working capital should I have?” I likely that there could be a month of only
• Current portion of loan term liabilities am going to tell you in the business model five calls. Therefore, the small business
For example, assume current assets sections below. needs to have more cash on hand than a
are $150,000 and current liabilities are larger business.
$100,000. What should the multiple of Funeral model I do not care how many locations the
current assets to current liabilities be? A funeral home is a simple business business is operating. The cash needs are
Again, I will answer this in each business model. When analyzing the needs for the same if 120 calls come to a business
model section below. cash in the business we must focus on two operating from three locations or one
considerations: location. The overhead will change to reflect
Computation #3: • The results of the payment policy of these added amounts of overhead from the
Days of overhead the business. multiple rooftops, staffing and utilities.
above working capital • The size of the business. The mid-sized funeral business does
This third method blends the first two The payment policy in most funeral about 200 calls per year, which is about
methods in its analysis. In our review of homes is a non-existing item. Most funeral one every two or three days. There is more
the business balance sheet above, you directors take 90 minutes or so to plan predictable behavior, so this business can
see the current assets are $150,000 and a funeral and less than 60 seconds to operate safely with lower cash balances
the current liabilities are $100,000. In ask, “How do you wish to pay for these than the average funeral home.
this example, current assets less current expenses?” A blank face leads to the reply, A large funeral home will perform about
liabilities is $50,000. Therefore, on its “We will bill you in about 30 days.” four or five funerals a week. This is even
face, it appears the working capital is When I compute the amount of accounts more reliable, so its cash requirements, as
$50,000. receivable in the United States on the funeral measured by various ratios, is going to be
Going back to my total annual overhead side it is about $2 billion at any time! The the lowest of the three.
(in computation #1), that amount was average funeral home has receivables equal Therefore, I recommend the goals listed
$1.2 million, or $100,000 per month. In to about 11 percent of revenue. Cash and in the chart on this page for operating
computation #3, I divide that by 365 days, accounts receivable are the two largest items funeral homes.
as I am looking for a daily overhead as within the current assets.
part of my computation. The reason the size of the business is a Cemetery model
factor is that smaller businesses need more I have three considerations in a cemetery:
$1.2 million divided by 365 working capital than larger businesses. The • For-profit mentality or not-for-profit
= a daily overhead of $3,288 average funeral home in the US performs mentality?
I then divide the excess working capital about 120 calls a year. That is 10 calls a • Active advance sales team or at-need
of $50,000 by the daily overhead of $3,288 month. focused?

FINANCES
• Perpetual/endowment care trusting?

Many cemeteries are not-for-profit. CEMETERIES
More than half of the not-for-profit Size of business 1. Months of 2. Multiple of 3. Days of
cemeteries operate with a mindset of overhead current assets overhead
stewardship for the records and grounds. to current above working
Many are operated under a management liabilities capital
agreement, so are being run with a
business owner’s mentality. For tax Average 4-6 months 4 times 180 days
purposes, they may be non-profit, but in (120 or fewer
reality they are for-profit. calls/year, no
If a cemetery has an advance sales advance sales)
team, it is generating new business all Average 3-4 months 3 times 150 days
the time. Since interment right income is (120 or fewer
recognized at the time of the sale, this cash calls/year, with
flow helps meet the ongoing needs of the advance sales)
cemetery. A business operating only on an
at-need basis is subject to the variables of Mid-sized 3-4 months 3 times 150 days
death rates. (app. 200+
Perpetual or endowment care trusting is calls/year, no
another important matter to consider. The advance sales)
interest earnings from the trust are current Mid-sized 2.5-3 months 2.5 times 125 days
income. The income defrays some of the (app. 200+
overhead. calls/year, with
However, we must ask, “How is the advance sales)
trust being invested?” The trust, in my
opinion, should be operated for income Large 2.5-3 months 2.5 times 125 days
primarily with a small component for (above 250
principal. There should be an emphasis on calls/year, no
protection of principal in the investments. advance sales)
Cemeteries with no perpetual or Large 2-2.5 months 2 times 100 days
endowment trusts need more cash balances (above 250
as they are lacking this annual interest calls/year, with
earnings amount that can be as much as 10 advance sales)
percent of their total overhead.
Once again, the size of the business is
a factor. I would use the same criteria as give the funeral home or cemetery more At worse, you may need to work with
with a funeral home for the frequency of cash than they need. More cash in the bank your bank to have a sweep system to keep
an interment (see chart). for the owner leads to less stress, lower money in a higher-yielding facility. All of
At worst, following these guides will blood pressure and a better night’s sleep. these are good problems to have! r
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Supply Line
n PASSARE, San Francisco, California, n THE CENTER FOR LOSS AND LIFE
has partered with AFTERCARE.COM, TRANSITION, Fort Collins, Colorado, has
Clinton, North Carolina, to provide mutual published a new book, “The Dementia
customers a more efficient way to enroll Care-Partner’s Workbook: A guide for
into the Aftercare.com service. Funeral Understanding, Eucation and Hope,”
homes who use Passare and Aftercare.com by Dr. Edward Shaw. It is available in both
will be able to set up an automated report softcover and ebook formats.
that sends contact information for fam- 970.226.6050; www.centerforloss.com
ily and friends on new and archived cases n NEW MEMORIALS DIRECT, Gig
directly to Aftercare.com to be enrolled into Harbor, Washington now offers personal-
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tors. MobileFH Texting allows ASD clients their own branding instead, added by a NMD
to send and receive text messages using the designer. 1.877.995.8767;
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the sending number. Kevin@myasd.com; www.newmemorialsdirect.com
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n BASS-MOLLETT PUBLISHERS, FABRICATION, Lakewood, Pennsylvania,
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n BOGATI URN CO., Sarasota, Flor- and 1850. The memorial overlooks the city of
ida, recently opened its new office and Boston over Boston Harbor and was dedi-
celebrated its 15th anniversary at a cated by Sean Patrick O’Malley, the arch-
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is normally closed to the public, but the J. Walsh. flynnstonerocks.com
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items from Howard Miller, Lifecycle Urns, CO., Frankford, Kentucky,
and Crowne Vault, whose company rep, has hired David W. Akard
Sarah Tepe, flew in from Indiana to attend III as a pre-need regional Flynn Stone’s memorial in honor of
the party. Also in attendance were several manager. Akard is a fourth Irish immigrants in Boston.
Sarasota funeral industry partners, including generation funeral director
local funeral home owners and employees, and embalmer who has more
Akard READERS: To find the products and
a pet crematory company and Ron Stoll, than two decades of com-
services you need online, go to
CEO of Coassen Inc. bined experience in the funeral and insurance
www.iccfa.com for the Supply
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www.bogatiurns.com need sales positions with SCI and Signature way to find the products and
n THE DOMANI GROUP, Orem, Utah, Funeral Services. From 1996 through 2009, services you need at your funeral home,
has partnered with DISRUPT MEDIA, he worked with funeral service providers cemetery or crematory.
Zanesville, Ohio, to offer free grief sup- and suppliers throughout the Tennessee and SUPPLIERS: Send your press releases
port resources to all DISRUPT media Kentucky region. In the years following, he about your new products and services,
clients. The company is also partnering with worked as a sales executive for KerrBoswell and about awards, personnel changes
FUNERAL DATA MANAGER, Read- Insurance and Wells Fargo Insurance and and other news to sloving@iccfa.com for
ing, Pennsylvania, to provide mutual clients is a licensed insurance agent in Tennessee. inclusion in Supply Line.
a more efficient and streamlined process Since 2014, he has worked for Matthews
to automatically enroll the families served Aurora Funeral Solutions, where he helped
by Funeral Data Managers clients into the introduce new products and set standards for
Domanicare aftercare program. client prospecting and retention. For the last
www.thedomanigroup.com five years, he has overseen a territory that
www.FUNERALSocial.com included Tennessee, Virginia, and Kentucky.
www.funeraldatamanager.com He has also served as the Kentucky Funeral

by Brenda Clough BOOK REVIEW
Interment issues of the future

H ow many major science fiction
novels can you find that
revolve around cryonic freezing and
Yes, you read that right—the
entire novel revolves around pre-
need planning and regulation.
the social implications of a burial By jiggering the regulations for
practice? The only one I can find freezing the body, the criminals
is “Cryoburn,” by Lois McMaster essentially get to make off with all
bclough@iccfa.com Bujold. This science fiction novel the trust funds.
ICCFA is a volume in a wildly popular Everything could have been
Magazine series featuring the heroic Miles solved by sensible laws that
spotlight Vorkosigan. It was nominated for ensured trustworthy pre-need
the genre’s Hugo award in 2011. planning. If New Hope had had
➤Clough is office ad- The thrilling story begins as their own Irwin Shipper, none of
ministrator and associa- Miles comes to himself trapped deep the crimes in this novel would have
tion liaison for the ICCFA. “Cryroburn,”
underground in a maze of tunnels. happened!
➤She is a prolific author,
They are the cryonic storage for by Lois McMaster It also turns out that freezing
having published five
novels, as well as short
nearly the entire population of New Bujold, Baen Books somebody is a great way to get rid
stories and nonfiction. Hope, a planet where the fashion is ISBN: 978-1439133941 of witnesses to a crime, and that
Her novella, “May Be to be frozen just before you die. yes, in the future the labeling and
Some Time,” was a final- The idea is to get thawed out identifying of deceased persons is
ist for both the Nebula later, in a better time when they can cure whatever just as crucially important as it is today. An entire
and Hugo awards. is wrong with you—the ultimate in pre-need volume of hairpin adventure and suspense hinges
planning. on the burial of the dead or “dying.”
The entire government and economy of the Bujold is one of the best science fiction writers
planet has become focused on running and alive today, and she does not put a foot wrong in
maintaining these interment systems, with many this book. The worldbuilding, the characters, the
interesting implications for governance. The frozen story—all are impeccable. This is an ideal book for
dead have almost more power over the government a long airplane trip, because it’ll suck you right in.
than the living. You can easily enjoy this novel without picking up
Miles’ initial difficulties eventually lead to the other dozen or so novels in the series, but I bet
the unraveling of a complex interplanetary scam. you can’t read just one. r
S U P P LY L I N E
Supply Sales Club president. Akard received ally for all Treasured Memories locations. The new feature is available for premium
his bachelor’s degree from the University of 1.877.785.2990; www.tmfh.com payments on multi-pay policies and early
Tennessee and his mortuary science degree 1.800.321.0566; pay-ups. Families can access the new feature
from John A. Gupton College. www.inmanshippingworldwide.com through the secure policy owner portal on
www.investorsheritage.com n JOHNSON CONSULTING, Scottsdale, Homesteaders’ website.
n WILBERT FUNERAL SERVICES, Arizona, has announced new features in 1.800.477.3633; www.homesteaderslife.com
Broadview, Illinois, has completed the ac- its Performance Tracker to help funeral n Steve Quinn, Mississippi
quistion of Astral Industries, Lynn, Indiana.and cemetery businesses stay connected to agent for UNITY FINAN-
families. The stay-connected features include
Astral is a 48-state contract carrier wth a fleet CIAL LIFE INSURANCE
three enhancements to the at-need surveys:
of air-ride tractrs and trailers. Don Robinson, CO., Cincinnati, Ohio, has
executive vice president, licensee products &follow-up sympathy cards, mobile surveys been named the 2019 Man
services, and president of Signet Supply of and texting capability. The cards, available in of the Year by the Winston
Wilbert, is the new president of Astral whilefour designs, include one to be sent right after County, Mississippi, Chamber
retaining his role with Signet. servces, at the holidays and as a remembrance of Commerce.
1.888.WILBERT; www.wilbert.com card. 1.888.250.7747; Quinn www.uflife.com
n TREASURED MEMORIES, Wheel- info@johnsonconsulting.com; n Gail Rubin of A GOOD GOODBYE,
ing, West Virginia, has partnered with www.johnsonconsulting.com Albuquerque, New Mexico, and LA ADS,
INMAN SHIPPING WORLDWIDE, n HOMESTEADERS, Des Moines, Northridge, California, co-produced the
Cleveland, Ohio. Inman will provide shipping Iowa, has released a new electronic check, first Before I Die Festival at Greenlawn
services both domestically and internation- eCheck, payment option for policy owners. Funeral Homes and Cemeteries, Ba-
S U P P LY L I N E
kersfield, California. The day-long event Doric President

featured workshops, seminars, tours and a Jim Wiens
movie surrounding all aspects of death, fu- presents Patti
Vincent with a
nerals, preplanning and even the afterlife.
duplicate of the
It gave families a chance to get up-close plaque on the
and personal with death-related topics, building named
including behind-the-closed-door tours of for her late
the mortuary and crematory. husband.
“So many families just don’t know what With them are
they’re getting into when they arrange a Mike Crummitt
funeral,” said Greenlawn President Jim and Hubert
LaMar. “So this event was designed to in- McQuestion,
vice presidents.
form them, educate them and take the fear
and mystery out of it. We wanted people to
actually touch a casket, hold an urn, look n DORIC PRODUCTS, Marshall, Illinois, n MEMORIAL PHOTO CANVAS,
inside a prep room and ask all the ques- has dedicated its newest office/warehouse Los Angeles, California, is introducing
tions they want in the light of day.” building to honor the memory of Steven its Young Portraits program for funeral
Due to the newsworthy nature of the F. Vincent. Vincent joined Doric’s board homes that choose their family partner
festival, media coverage, both in advance in 1991 and was elected as president in plan. Young Portraits provides a 16-by-20
and at the event, included the major 2006, serving until his death in 2018. He portrait, printed on museum quality can-
Bakersfield television stations, the local was instrumental in the growth of the Doric vas, with handmade Italian wooden frame,
newspaper and the NPR affiliate radio brand, resulting in the need for the additional and includes shipping to any funeral home
station. 45,000-square-foot facility built during his serving a family burying their child 12
www.AGoodGoodbye.com tenure. 1.800.457.0671; years or younger.
www.laadsmarketing.com www.doric-vaults.com www.memorialphotocanvas.com r
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Update Send in news about your cemetery, funeral home, crematory or association to sloving@iccfa.com. If you publish a newsletter,
please email a copy to sloving@iccfa.com or mail to: Susan Loving, ICCFA, 107 Carpenter Drive, Suite 100, Sterling, VA 20164.
Right, Monsignor Fran-

cisco Ozoria blesses the
ceremony for Puerta Del
Cielo Cemetery Park’s new
section. Below, architect
Alejandro Marranzini with
Leonardo Vargas, presi-
dent of Parque Cementerio
Puerta del Cielo, holding
the World Class Premier
Project certification for its
new terraces.
n PUERTA DEL CIELO CEMETERY us with great satisfaction to know that we

PARK, Santo Domingo, Dominican emulate the international standards of the
Republic, opened its new terraces in a most prestigious cemeteries worldwide.”
ceremony where McCleskey Mausoleum The chief executive of the park thanked
recognized the holy field as a World Class Monsignor Ozoria for such a significant
Premier Project. During a ceremony blessing and expressed his commitment to
blessed by His Excellency Monsignor the country and to the families of Puerta del
Francisco Ozoria, metropolitan archbishop Cielo, assuring them that Puerta del Cielo
of Santo Domingo, the certification sent will always promote values. During his
from the United States was delivered to speech, he also thanked McCleskey Mau-
Leonardo Vargas, president of Parque Ce- soleum for the important recognition and
menterio Puerta del Cielo (Heaven’s Door architect Alejandro Marranzini of Orbitarq
Cemetery). for the development of the master plan.
“For us it is an honor to receive this McCleskey Mausoleum executives
recognition,” Vargas said. “These beautiful expressed their respect for the vision of
terraces mark a new milestone in our holy Vargas and his team, and for the dedication
field and are the result of the work and necessary to create such a beautiful new
commitment that as a team we dedicate to stage for the cemetery, for the city of Santo
this project. It is very prestigious and fills Domingo and beyond. During the planning
Above left, the new terraces. Above right, the replica of Michelangelo’s Pieta, which will be placed in the cemetery.
UPDATE
n PITTSBURGH INSTITUTE OF
MORTUARY SCIENCE, Pittsburgh,
Pennsylvania, will hold its a celebration
of its 80th anniversary on September 7,
2019. Activities are planned at the school
from noon to 6 p.m., including an open
house, popcorn bar and snacks, raffles,
face painting and funerary and anatomical
“oddities” with Trundle Manor, as well
as a silent auction and numerous prizes.
At 3 p.m., there will be a screening of the
movie “Getting Grace.” Daniel Roebuck,
the movie’s star and producer, will be
on hand to introduce the movie, pose for PIMS Dean and COO Dr. Joseph Marsa-
photos and sign autographs. glia with actor Daniel Roebuck of “Get-
ting Grace.” Roebuck will be on hand
Also, two PIMS students were re-
for the college’s 80th anniversary.
Leonardo Vargas, president of Parque cently awarded scholarships from the
Cementerio Puerta del Cielo, speaks at Western Pennsylvania Funeral Directors
the ceremony dedicating the new area. Association. Sandra Zampogna and Con-
work, Vargas expressed his desire to create ner McCowin received their scholarships
a space that would reflect the prestige of at the WPFDA’s 111th convention.
the park and surpass any other monumen- n PARK LAWN CORP., Toronto,
tal commemoration in the Santo Domingo Ontario, has acquired Integrity Funeral
region, and that vision has been realized. Care, Houston, Texas. The purchase of
McCleskey noted that the famous Integrity Funeral Care, formerly owned
Renaissance architect and sculptor Mi- and operated by David Peña, adds a
chelangelo captured the spiritual strength funeral business to complement PLC’s ex-
and beauty of the Virgin Mary in a time of isting cemetery operations in the Houston
great pain, similar to the way that Puerta market. PLC and its subsidiaries own and From left, PIMS students Sandra Zamp-
del Cielo provides great beauty, strength operate businesses including cemeteries, ogna and Conner McCowin and WPFDA
and serenity in times of pain, which is why Continuing Education Chairman Nor-
crematoria, funeral homes, chapels, plan-
man Weimer.
the company provided a beautiful replica of ning offices and a transfer service, with
Michelangelo’s Pieta in white marble to rec- operations in five Canadian provinces and Funeral Home & Cremation Service
ognize the cemetery and their achievement. 13 U.S. states. in Puyallup, Washington. The purchase
The statue will be placed in the cemetery. n FOUNDATION PARTNERS now makes Foundation Partners Group the
Parque Cementerio Puerta del Cielo GROUP, Orlando, Florida, has acquired largest privately-owned cremation services
had the honor of having Monsignor Fran- Curnow Funeral Home & Cremation provider in the state of Washington, with
cisco Ozoria bless the Pieta replica, as well Service, Sumner, Washington, and Hill 10 locations.
as the new terraces. After more than a decade working for

UPDATE
both national and local funeral services

providers, Brian Curnow opened Curnow
Funeral Home & Cremation Service in
Sumner in March 2003. Since that time,
the firm has served more than 12,000 fami-
lies. In October 2008, Curnow opened a
new, state-of-the-art central preparation fa-
cility and later opened arrangement centers
in Bellevue and Graham. In 2018, Curnow
purchased Hill Funeral Home in Puyallup,
a funeral home originally opened in 1908.
Foundation Partners also has ac-
quired All-States Cremation, Denver,
Colorado, and its three associated busi-
nesses, All Veterans Funeral & Cremation,
All Mortuary of Colorado and A Basic
Cremation. It is the company’s first acquis-
tion in the state.
All-States was founded in 1986 by Tom
and Diane Kamm to promote cremation as
a simple, affordable and intelligent choice.
Three years later, they added All Veter-
ans, the first veteran-only service in the
country. That same year, they also opened
All Mortuary & Crematory, offering
embalming and cremation as well as ship-
ping within the United States. Over time,
other family members joined the operation.
Their son Alistair and daughter Tommie
began working part-time as teenagers and
soon joined the business full-time. In 2004,
the family started A Basic Cremation, a
100 percent online business where families
deal directly with the crematory and not a
funeral home.
Foundation Partners owns and oper-
Performers and audience members at St. Michael’s Cemetery’s 15th annual Joplin
concert, which drew more than 300 people to honor Scott Joplin’s memory. ates funeral homes, cremation centers and
cemeteries in 18 states.
n ST. MICHAEL’S CEMETERY, would be played at the gravesite. His wife
n The CONNECTICUT FUNERAL
Queens, New York, recently hosted its refused to honor the request. Years later,
DIRECTORS ASSOCIATION, Wethers-
15th annual Joplin concert, honoring the a musical group learned about her refusal
fied, Connecticut, has awarded college
renowned composer Scott Joplin, the King to play the piece, gathered at St. Michael’s
scholarships to high school graduates
of Rag. More than 300 people gathered to and complied with Joplin’s last request. The
who plan careers in the helping profes-
be thrilled by “The Entertainer” and other musicians gathered the funds to pay for a
sions. This is the 20th consecutive year
compositions written by the composer. The marker at his grave.
that the association has presented $500 in
cemetery provided BBQ curing the concert. Two years ago, Dr. Berlin began fund
college scholarship funds to one student in
The movie “The Sting” with Paul Neu- raising to purchase and install a memorial
each of the state’s eight counties. CFDA’s
mann and Robert Redford, revitalized inter- bench by the grave. The area around the grave
Board of Directors and staff honored the
est in ragtime and the history of its evolution is a gathering place at the conclusion of each
2019 recipients and their families at a spe-
into jazz. Dr. Edward Berlin, the preeminent year’s concert, when the musicians and the
cial ceremony at the Water’s Edge Resort
author on Joplin and all things ragtime, pro- audience march to the grave for the playing
& Spa in Westbrook.
vided a PowerPoint presentation highlight- of the “Maple Leaf Rag.” Performers over
“We established our annual Fam-
ing the life, times and the music of Joplin. the years have heard about the ongoing Joplin
ily Support Services Scholarship funds
When Joplin died, he was interred in a concerts, and as a result, St. Michael’s has had
program to encourage young women and
common grave with two unrelated individu- Vince Giordano and his Night Hawks, McAr-
men to follow their dreams and study for
als. He had wished that the most important thur Scholarship winners and other renowned
occupations that provide emotional, medi-
composition he wrote, “Maple Leaf Rag” performers and stars appear. r
cal, or physical support to individuals and
UPDATE
The opportunity to choose a Keepsake Pendant
presents itself only once.
families—just as funeral directors do every
The comfort a Keepsake Pendant offers, lasts a lifetime.
day,” said Edward J. Sheehy Jr, CFSP,
CPC, CCO, 2018-2019 president of the
TM
Connecticut Funeral Directors Association.

“This includes fields such as funeral ser- New Additions
vice, counseling, social services, psychol- Known for quality materials and craftsmanship,
ogy, psychiatry, nursing, medicine, social Madelyn Co. Keepsake Pendants
work or gerontology. Every day, funeral di- are hand-made using jewelry-grade metals.
rectors support people during difficult times Sterling Silver Feather Sterling Silver Fish Hook
of need, and we want to inspire students to
consider jobs where they also can provide
meaningful assistance to others.”
n SWAN POINT CEMETERY, Provi-
dence, Rhode Island, has opened a green
burial section. The section, The Ellipse,
is certified by the Green Burial Council. Sterling Silver Flat Antique Filigree Pewter Cross AntiqueFiligree PewterHeart AntiquePewterRosewithPearl
Hummingbird w/ Flower
The third-of-an-acre section offers 150
spaces for full body burial or interment of
call about monthly specials or visit our website
800-788-0807 Fax 608-752-3683 www.madelynpedants.com e-mail orders@madelynco.com
the cremated remains of two individuals.
Communal memorialization is provided on
a granite ledger placed in the center of the
section where names of those interred in LED Lighting Solutions
the section will be inscribed. for Memorial Products
n ALBANY DIOCESAN CEMETER-
IES, Albany, New York, hosted a grave- E N E R G Y S AV E R
stone restoration workshop, originally
scheduled for Mothers Day and resched- LED light bulb for Crypt
uled due to inclement weather, that focused & Niche Fronts
on the graves of women and children. St. Warm color for Bronzes
Agnes Cemetery partnered with Hudson
Valley Community College’s Center for E A SY TO
T O I N S TA L L
Creative Retirement program to offer
www.septechnologies.com
the workshop. Several participants were
retired medical doctors, and all participants 1 877 515-4672
jumped right in after a lesson on proper
cleaning and restoration techniques. More
than 15 memorials were re-set, repaired or
restored during the four-hour workshop.
n OLD CITY CEMETERY, Lynchburg,
Virginia, is holding a special mourning TAP INTO the dynamic
tour this summer. The tour, which will online supplier network
take place in the Cemetery Center and on Optimized. of the ICCFA with the
the grounds, will highlight proper Victori- ICCFA Supply Link.
an mourning etiquette and traditions. This Powered by MultiView,
tour is in addition to the summer Saturday the ICCFA Supply Link
is the premier search tool
history tours. These free casual walking for your industry. All the
tours highlight historical and horticultural products and services
points of interest on the grounds. you need, all within the
The cemetery also promotes visita- supplier network of the
tion through its “seasons in the cemetery associaton you trust.
listings on its website: peak of bloom for Start your search at

its antique roses (last two weeks of May), our homepage
peak of bloom for the lotus pond (July www.iccfa.com.
and August), peak of fall foliage (last two
weeks of October), peak of the bird popu-
lation (first week of June) and peak of the
butterfly population (August).

UPDATE
n FOREST LAWN, Glendale, California,

expanded its Memorial Day commemo-
rations with Glendale Sunrise Rotary’s
Field of Honor, a week-long series of
free, family-friendly educational events.
The Field of Honor events led into Forest
Lawn’s Memorial Day 2019 commemora-
tions, which took place on at each of Forest
Lawn’s six Southern California locations:
Cathedral City, Covina Hills, Cypress, Glen-
dale, Hollywood Hills,and Long Beach.
The Glendale remembrance was the
featured event in Forest Lawn’s 104th
Memorial Day observance. Set at the
gravesite of a Civil War soldier, the event
transported the audience back in time with
Civil War and Abraham Lincoln reenactors
and patriot music of the period, honor-
ing generations of veterans. With moving
speeches and remarks by Sen. Anthony
Portanio, Nathan Graeser of the 1877 © V. BUCCI
Fund, Lt. Jennifer Shiflett of The Salvation

Army, Michael Ellington of the Los An-
geles Police Concert Band and Angie Ray,
vice president of Forest Lawn—Glendale,
as well as a color guard, cannon salutes
and patriotic music, the day’s events in-
vited the audience to remember and honor
veterans with their hearts, minds and souls.
Memorial Day at Forest Lawn—Glen-
dale also featured the closing ceremony and
conclusion of Glendale Sunrise Rotary’s
Field of Honor. To conclude the week-long
educational series and placement of 1,000
American flags, which supported local © V. BUCCI
veterans through the nonprofit Wellness Above, “Taps” performed by Sheldon
Works, Eli Gauna, the past district governor Gordon and The Band of the California
of Rotary International, gave the keynote Battalion as 100th Pennsylvania Volunteer
speech, with remarks by Keith Sorem of Infantry, Company K Civil War reenactors
Glendale Sunrise Rotary and Lisa Raggio of honor fallen soldiers; 100th Pennsylvania
Wellness Works. Vocals by Richard Smykle Volunteer Infantry, Company K Civil War
reenactors stand at the gravesite of a Civil
and a color guard by the City of Glendale
War soldier; and Dana Amann removes
Police Explorers paid musical and visual Abraham Lincoln’s iconic hat. Left, Lt.
tribute to our country’s fallen soldiers. Jennifer Shiflett of The Salvation Army
The Field of Honor activities began with Glendale & Community Center gives the
the dedication of 1,000 American flags on invocation. Below, veteran Izzy Barakat
the lawn adjacent to Forest Lawn—Glen- gives the presidential proclamation.
dale’s entrance. Patrons were encouraged to
sponsor flags, with the proceeds supporting
local veterans through Wellness Works,
a non-profit community resource that
provides holistic, alternative and emerging
healing modalities to treat post-traumatic
stress and other military-related trauma.
Along with the flags, the Marching through
History Exposition, an interactive exhibition
of historic artifact displays, was activated
and on display daily. r
UPDATE
New Members
Providing
exceptional
education,
networking and legislative guidance and
support to progressive cemetery, funeral
and cremation professionals worldwide
FOR INFORMATION ABOUT
THE ICCFA AND MEMBERSHIP
• Go to www.iccfa.com/membership
to download a benefits brochure and an
application form.
• Call 1.800.645.7700 to have member-
ship information faxed or mailed to you.
Jack Lechner Jr., president of Cincinnati College of Mortuary Science, when he MEMBERSHIP APPLICATIONS
was in the service. Above right, Quartermaster Corps Command Sgt. Maj. Vidal, Admission to ICCFA membership nor-
Quartermaster Gen. McBride and Lechner at his induction ceremoney for the quar- mally requires a majority vote of those
termaster Hall of Fame. Lechner is a member of the ICCFA Veterans Committee.
present and voting at any meeting of
n Jack Lechner Jr., president of inductees. The permanent display of Quar- the executive committee. The names of
CINCINNATI COLLEGE OF MORTU- termaster Hall of Fame inductees includes all applicants must be published in this
ARY SCIENCE, Cincinnati, Ohio, was each inductees’ name, their photograph magazine. ICCFA members objecting
recently inducted into the U.S. Army and a narrative of their major achieve- to an application must do so in writing
Quartermaster Hall of Fame. Lechner ments at the Quartermaster Museum at to the ICCFA executive director within
was a practicing funeral director for 10 Fort Lee, Virginia. Mortuary Affairs is part 45 days of publication. In the event of
years before enlisting in the US Army as of the Quartermaster Corps. an objection, the executive committee
an infantryman. He was commissioned as n CANA, Wheeling, Illinois, has re- will conduct an inquiry. If an applicant is
a quartermaster officer after graduating leased its latest Annual Statistics Report rejected, they will be granted an appeal
from Officer Candidate School. He earned featuring final 2017 cremation data, newly upon written request. The decision of the
a bachelor’s degree in mortuary science released 2018 data and projections to Board of Directors shall be final.
from CCMS through the Army’s degree 2023. Using figures primarily obtained
completion program. through state and provincial governments
He holds a master’s degree in logis- in the United States and Canada, CANA
tics management from Florida Institute Regular
has determined the annual percentage of Noble & Kelsey Funeral Home Inc.
of Technology and a master’s degree in cremations to deaths and forecasts future Salisbury, North Carolina
national resource strategy, supply chain cremation percentages.
concentration, from National Defense Temple Israel
CANA has conducted extensive re- Memphis, Tennessee
University, Washington, D.C. search on the growth rate of cremation.
His command positions are in the 11th Basham Funeral Care
The research, originally published in 2017, Bakersfield, California
Armored Calvary Regiment as troop com- revealed that when the cremation growth
mander and support squadron commander, 2d Inmobiliaria Parque San Pedro
rate over time is measured, an interesting Concepcion, Chile
Armored Cavalry Regiment, during Opera- pattern develops. While previous research
tion Iraqi Freedom. He served as executive The Crabiel Home for Funerals
indicated that cremation rates would Milltown, New Jersey
officer, deputy superintendent, and super- continue to rise, the speed of that growth
intendent at Arlington National Cemetery, in 2018 was somewhat surprising. As the Professional: Pet Loss Services
both as a colonel and a member of the senior cremation rate climbs to or exceeds 50 Family Pet Care
executive service. His staff positions are in percent in individual states, the national Malaga, Australia
the 11th ACR, 75th Ranger Regiment, 3ID, rate grows more quickly. Sugar’s Gift Inc.
Defense Logistics Agency, Human Resources While CANA has traditionally been Bradenton, Florida
Command, and as an instructor in the Aerial conservative in its projections, this dif- Loyal Paws Crematory & Memorial Garden
Delivery and Material Management Depart- ference is greater than usual. CANA Clarkston, Michigan
ment (Rigger). He was appointed CCMS anticipate this trend to continue until the Siouxland Humane Society
president and CEO in 2016. national rate exceeds 60 percent, when the Sioux City, Iowa
The Hall of Fame recognizes retired cremation rate growth is expected to start Professional/Supplier
military and civilians who have made last- showing signs of tapering downward. At Valuation Resource Group LLC
ing, significant contributions to the Quar- 53.4 percent, the United States is squarely East Greenbush, New York r
termaster Corps; there are fewer than 300 in the rapid growth period. r

I C C FA N E W S
ICCFA General Counsel Robert M. Fells retires

W
ith deep gratitude for his leadership and vision, the association which administered the Credit Exchange Plan, and
board and staff of the International Cemetery, served as secretary of the ICCFA Educational Foundation, a tax-
Cremation and Funeral Association announce the exempt charitable organization. Following his retirement, Fells has
retirement of General Counsel, Robert M. “Bob” Fells, Esq. Fells volunteered to continue serving as Foundation secretary. In 2011,
retired as ICCFA general counsel Fells was inducted into the ICCFA Hall
on July 1, 2019. Fells’ retirement of Fame for his contributions to the
and the appointment of Poul cemetery, cremation and funeral service
Lemasters, Esq. to general profession.
counsel was approved by the Poul Lemasters, Esq., attorney,
ICCFA incoming and outgoing funeral director and embalmer, has
Executive Committees on April been affiliated with the ICCFA since
3, during the association’s 2019 2010. Lemasters uses his unique
Annual Convention & Exposition background in death care and law to
in Charlotte, North Carolina. provide resources and counsel to other
Fells has worked on behalf death care professionals regarding daily
of the cemetery and funeral Poul Lemasters, Esq.
Robert M. “Bob” Fells, Esq. operational conflicts, form and contract
service profession on legal reviews, valuations, regulatory matters and assistance in risk
and legislative issues since 1975 and joined the ICCFA staff management.
as general counsel in 1983, and in 2011 was named executive Along with his general counsel duties, Lemasters serves as
director. As the association’s point person for government, media
cremation coordinator, trainer and advisor for ICCFA’s
and public relations for more than 35 years, Fells made his
cremation education program, special cremation legal counsel,
accomplished career with the ICCFA his life’s work.
staff liaison to the Government & Legal Affairs Committee,
With a keen interest and understanding of the funeral
writes a legal column for ICCFA Magazine and speaks at
profession, government regulations and legislation, Fells was
numerous ICCFA educational conferences.
the association’s voice on Capitol Hill. He was a driving force
“We cannot thank Bob enough for all his years of service
behind the ICCFA Government and Legal Affairs Committee,
dedicated to the ICCFA,” said ICCFA President Jay Dodds, CFSP.
wrote the Washington Report column for ICCFA Magazine and
“Beyond the work for our association, his contribution to the
was contributing editor to ICCFA Wireless, a bi-weekly
funeral and cemetery profession is immeasurable, and we truly
electronic newsletter that alerts members to legal, regulatory and
thank him and wish him the best of luck. We are also excited for
industry news affecting their businesses.
Poul to take the reins of our government and legislative work as
In addition, Fells served as president and general counsel of the
well as the general counsel duties for the association.” q
ICCFA Service Bureau, a for-profit subsidiary of the
Membership Outreach Corner: Report from Ohio
I
by Connie Tash, MA, ICCFA membership manager Among the presenters at this year’s OFDA conference was
CCFA’s Supplier Manager, Rick Platter, and I had the ICCFA Cremation Counsel Poul Lemasters, Esq., of Lemasters
pleasure of attending and exhibiting at the 139th Ohio Consulting. His always engaging presentation was on funeral
Funeral Directors Association (OFDA) Annual ethics and law for the death care profession today. As ethical
dilemmas are becoming more common, this learning lab well
Convention and Exhibition in Columbus, Ohio, May 21-23,
informed the death care provider on several important issues
2019. We were delighted to meet so many funeral industry
relating to ethics and the funeral process.
professionals, members of OFDA, members of ICCFA, and Keynote speaker, life-cycle celebrant Linda Stuart,
students from nearby Cincinnati College of Mortuary Science and delivered an impassioned and articulate message on the
Pittsburg Institute of Mortuary Science. importance of helping families create unique, rich and heartfelt
With ample space for this sizeable and well-attended event, ceremonies. Some who were particularly captivated by Stuart’s
the Hilton at Easton was bright and welcoming. The message raved about her presentation long after she spoke.
convention’s theme was “To Lead is to Inspire.” The two-day Two days of exciting programming, enjoyable social events and
convention schedule, including a comprehensive educational great food in a comfortable venue (with retail and entertainment
program, networking events and extended exhibit hours, establishments just a short walk away), made me happy to be there!
certainly offered participants guidance and inspiration. I eagerly await next year’s OFDA conference. q
I C C FA N E W S
ICCFA Magazine Managing Editor Susan Loving

retires after 20 years of service with the association
T
he board and staff of the International Cemetery, Cremation and Funeral
Association announce the retirement of Managing Editor Susan Loving.
Loving retired in July 2019 after 20 years with the association, after
which time the position of editorial director is being filled by Tatia L. Gordon-
Troy, Esq., of Ramses House Publishing LLC.
Loving started with the ICCFA in July 1999 as a communications assistant,
after working as a reporter, editor and page designer for several family-owned
newspapers for 15 years. In her intitial position, she primarily worked for
then Managing Editor Linda Budzinski, writing the Netwatch column and a
number of other articles. She became managing editor before the 2000 ICCFA
Loving wearing
one of the shirts Convention & Expo in March of 2000.
she created for Loving’s strong work ethic, passion for developing high-quality content and genu-
ICCFA conventions ine interest in the death care profession and the people who are called to it showed Loving’s first magazine
featuring ICCFA cover was the May-April
in each issue of the ICCFA Magazine she brought to press. She could be found at
Magazine covers. 2000 issue.
each ICCFA Annual Convention & Expo, photographing the Expo Hall and breakout
sessions, collecting content for the post-convention coverage issue. Beginning in 2001, she started interview-
ing first-time convention attendees and featured many of them on the cover of the magazine over the years.
Tatia L. Gordon-Troy, Esq., founder of Ramses House Publishing LLC, is an attorney and publisher
with over 15 years of experience with association publications. She is an experienced editor and works with
a design team to create magazines and
newsletters that serve each association’s
individual needs.
“The ICCFA Magazine would not
be what it is today without Susan’s
exceptional writing and editing skills,”
said ICCFA Executive Director Nadira
Baddeliyanage. “Many of our members
have interacted with Susan on some The May 2001 convention
level during her time here at the ICCFA, coverage issue was the
first to feature first-time
whether through interviews or interacting
attendees on the cover,
with her at the annual conventions. We are including grief therapy dog
Above left, Loving traveled to Guatemala to write about sad to see Susan retire, but wish her all the Derek Flynn.
former ICCFA Board Member Fernando Aguilar’s crema- best as she begins this new chapter in her
tion center, the Fine Arts Portal, in the March-April 2009
life. While filling Susan’s shoes is not an easy task, Gordon-Troy and her
issue. Green building was the focus of the February
2008 issue, above right. team at Ramses House Publishing are looking forward to the challenge.” q
Membership benefit spotlight: Discounts on Orlando vacation

L
ooking for the perfect vacation before the summer season ends? Book a
vacation to Orlando, Florida, and experience everything Orlando has to offer.
As an ICCFA member, save big with various discounts on your Orlando vacation.
From booking your stay at a hotel or a fully-furnished vacation home to purchasing tickets to
popular attractions, including Disney World and Universal Studios, you’ll save big!
Save up to 60 percent off select Orlando hotels that are close to or on theme park property, or stay at select vacation homes as low
as $77 per night. Plus, you can save up to 50 percent off your theme-park tickets.
For more information and to see more membership benefits and services, visit users.iccfa.com, log-in with your
user name and password, and then click on Programs & Benefits. q

I C C FA N E W S
Executive
Leadership
Summit (ExLS)
Reach new heights with your management skills at ExLS
T
he ICCFA is pleased to present the first Executive Twin War-
Leadership Summit, also known as ExLS, September riors Golf
25–27, 2019 at the Hyatt Regency Tamaya in Santa Club, less
Ana Pueblo, New Mexico. Owners, high-level managers and than half a
mile from
other industry leaders are invited to attend this year’s
the con-
conference (formerly the Fall Management Conference), chaired ference
by Stacy Adams, general manager of Memorial Park Funeral resort,
Home and Cemetery in St. Petersburg, Florida, and Steve offers
Feliciano, vice president of Global Atlantic Financial Group in breaktak-
Batesville, Indiana. ing views.
The ExLS educational sessions begin on Thursday, © www.
mynew
September 26, with the morning keynote presented by Robert mexicogolf.
Tucker, titled “Driving Growth Through Innovation.” Tucker com/twin
will take you behind the scenes inside the Innovation Vanguard The Hyatt Regency Tamaya is a luxury resort located between
companies, to discover the latest methods for building innovation the Sandia Mountains and the Rio Grand River. Guests will enjoy
into a powerful source of growth, profits luxurious rooms and a number of different outdoor attractions
and competitive advantage. Thursday also such as golf, horseback riding and hiking trails. The ICCFA Fall
features a complimentary tour of two local Golf Tournament will
cemeteries: Fairview Memorial Park and be held on Wednesday,
Sunset Memorial Park. September 25, at
On the morning of Friday, September the Twin Warriors
26, ICCFA’s Government & Legal Affairs Golf Club, which is
committee will host the Government & less than a half mile
Legal Affairs breakfast, where they will away from the resort.
Tucker discuss important federal and regulatory Twin Warriors Golf
changes. Also on Friday, James Kane Club features 18 holes Bruce Tulgan of Rainmaker Thinking,
takes the stage at 10:30 a.m. to present among high desert and presenting at the 2018 Fall Confer-
“The Loyalty Switch.” Take a journey grassy knolls. ence (now the Executive Leadership
into the human brain and learn about the Register before Summit).
science behind true loyalty and human in August 26 and save
relationships and how organizations can money with the early
develop relationships that will last a lifetime bird rate. The ICCFA
in this fascinating and highly entertaining has negotiated a hotel
keynote presentation. rate of $209 per night
Kane Make new business contacts and friends at at the Hyatt Regency
one of the several networking opportunities Tamaya.
during ExLS. Receptions will be held on Wednesday and For more infor- Catch up with old friends or meet new
Thursday evenings and offer food, drink, entertainment and the mation, visit ones during receptions like this one
opportunity to meet and socialize with other attendees. www.iccfa.com/fall. q at the 2018 Fall Conference.
Thank you to our ExLS sponsors!

 Blackstone Cemetery Development  Clearpoint Federal Bank & Trust  Forest Lawn Memorial Parks & Mortuaries
 Guerra & Gutierrez Mortuary  Matthews Memorialization  NOMIS Publications Inc.  Park Lawn Corp.
 The Roosevelt Investment Co.  Service Corporation International  The Woodlawn Cemetery
I C C FA N E W S
Apply for your certification this August for fall consideration

T
he ICCFA has designed certification programs to recognize those persons who have attained the highest level of achievement
within the funeral service and memorialization industry. You must be a member in good standing to apply for, and to retain,
your certification. Deadline to apply to receive your certification at the Executive Leadership Summit in September is August
23, 2019. Visit www.iccfa.com for the application forms. The ICCFA awards the following certifications:
CCE
Certified Cemetery
CCFE
Certified Cemetery Funeral
CCrE
Certified Cremation
Executive Executive Executive
Awarded to individuals who have Recognizes professionals Experts in the biggest growth
attained the highest level of extremely knowledgable in sector of our industry—
cemetery management. funeral and burial arrangements. cremation—may receive this
designation.
CFuE
Certified Funeral Executive
CPLP
C P
Certified Pet Loss
TM
CERTIFIED PET LOSS PROFESSIONAL

CSE
Certified Supplier Executive
Professional
Funeral directors with a vast array Recognizes leaders in the Suppliers who know both the sales
of experience in funeral service are burgeoning world of pet loss and service sides of the industry
encouraged to apply. services. may apply for this certification.
Upcoming ICCFA events to mark on your calendar

September 25-27, 2019
The Hyatt Regency Tamaya
Executive Leadership Summit (Formerly
Santa Ana Pueblo, New Mexico
known as Fall Management Conference)
www.iccfa.com/fall
January 15-17, 2020

Luxor Las Vegas, Las Vegas, Nevada
STRATEGIES FOR SUCCESS www.iccfasales.com

AD INDEX
3 Aftercare.com 25 Funeral Services Inc. 63 Obermayer Rebmann Maxwell & Hippel

49 American Cemetery/Mortuary 84 funeralOne 13 Paradise Pictures
Consultants 17 Global Atlantic Financial Group 59 Passages International
73 American Funeral & Cemetery 23 Great Western Insurance Co. 31 Regions Funeral & Cemetery
Trust Services 43 Grever & Ward Trust Services
57 American Memory Craft 2 Heritage Partners 75 SEP Technologies
27 ASD—Answering Service for Directors 29 Holland Supply 75 Supply Link
37 Batesville Casket 53 IMSA 51 The Foresight Companies LLC
7 C&J Financial 15 J. Stuart Todd Inc. 71 THE SYSTEM
43 Cherokee Casket 41 Kryprotek 63 Triple H Co.
51 Columbarium by Design LLC 15 Legacy Touch 41 U.S. Cremation Equipment
83 Continental Computer Corp. 5 LoveUrns LLC 35 U.S. Metalcraft
55 Ensure-A-Seal 75 Madelyn Co. 19 Vantage Products Corp.
27 Flowers for Cemeteries 9 Merendino Cemetery Care 15 VKM International
11 Foundation Partners Group 29 National Museum of Funeral History 47 Wilbert Funeral Services
57 Funeral Call Answering Service 27 Nomis Publications 27 WithumSmith + Brown
33 Funeral Director’s Management System 49 Northeast Mausoleum 43 Zontec Ozone r
Calendar ➤E-mail calendar listings to bclough@iccfa.com. For the updated calendar listings, go to the ICCFA website, www.iccfa.com.
August 5: Ohio Cemetery August 18: New York State twoheartspetlosscenter.com September 30-October 3:
Assn. Annual Convention & Funeral Directors Assn. Annual September 10-12: Western Australasian Cemeteries
Trade Show, Hilton Garden Inn, Convention & Expo, Saratoga. Canada Cemetery Assn. Annual & Crematoria Assn. Annual
Miamisburg; displays, golf and www.nysfda.org Convention, Saskatoon. Conference, Alice Springs
field day at Calvary Cemetery, August 18-21: Tri-State www.westerncemetery.com Convention Centre, Australia.
Dayton. www.ohiocemetery (Alabama, Mississippi & Louisana accaweb.com.au/events
association.com September 17-19: New Jersey
Cemetery Assns.) Convention, State Funeral Directors Assn. October 25-26: Dr. Alan Wolfelt
August 6-7: Passare Advanced Grand Marriott Hotel Point Clear, Annual Convention & Expo, seminar, “Educating the Families
User Training Workshop, Alabama. 601.910.7305 Atlantic City.www.njsfda.org You Serve about the Why of
Minneapolis, Minnesota. August 27: Batesville Casket the Funeral,” sponsored by
www.passare.com/workshop September 17-19: Two The International Order of the
webinar, “Simple strategies to Hearts Pet Loss Center Grief
August 12-14: West Virginia elevate your brand and create Golden Rule and Selected
Companioning Certification Independent Funeral Homes.
Cemetery & Funeral Assn. value for consumers.” Class, Denver, Colorado.
Annual Conf., Fayetteville. www.Batesville.com/Webinars www.ogr.org; www.selected
twoheartspetlosscenter.com funeralhomes.org/why
www.wvcfa.org September 4-5: Passare Ad- September 23-26: Selected November 8-10: ELDEX 2019,
August 14-16: DEATHCON by vanced User Training Workshop, Independent Funeral Homes
the Washington State Funeral Philadelphia, Pennsylvania. Singapore. www.eldexasia.com
Annual Mtg., Nashville.
Directors Assn. and Washington www.passare.com/workshop www.selectedfuneralhomes.org November 12: Batesville Casket
Cemetery, Cremation and September 8-10: Two webinar, “Simple strategies to
Funeral Assn., Icicle Village September 25-27: ICCFA Fall elevate your brand and create
Hearts Pet Loss Center Grief Management Conference, Hyatt
Inn & Resort, Leavenworth. Companioning Certification value for consumers.”
www.wsfda.org Regency Tamaya, Santa Ana Pue- www.Batesville.com/Webinars r
Class, Boston, Massachusetts. blo, New Mexico.www.iccfa.com
Classifieds To place a classified, contact

Rick Platter, rplatter@iccfa.com
for
Also TS
Equipment and Supplies PE
Aquamation
q = Water Cremation
Zero pollution.. Easier to get planning permit
co
G r e e n /Ev e to
World First
r n a ti
a lt e
f ir e Alkaline Hydrolysis funeral
on
c m a ti
r e
Phone John on 317 451 5221
from 2 pm - midnight PT
www.aquamationindustries.com Email : john@aquamation.com.au

ICCFA Magazine August-September 2019

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August-September 2019

Ready to partner with a one-of-a-kind firm? Contact us today at 423-543-4559 or HeritagePartnerships.com

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Exactly how do you go about lobbying for or against

Learning to lobby: Caressa

During the proposed in Texas that would have added

hoping to get that changed this year.

Shown: Bradbury urn with

©2019 Batesville Services, Inc.

“That’s why you have to be watching. It’s like that saying:

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The visit to one congressional office during the annual

Meeting John Kennedy III 55 years

Protect Your Families

Protect Your Bottom Line

It all comes down to…

US Cremation Equipment leads the way.

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Including an arbitration provision in contracts is something

Weighing the pros and cons

GWGREVER & WARD

If crypt flies don’t keep you

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With an arbitration provision, there is no immediate threat Cons: Arguments against

It’s not just a payment: Five things you should

In arbitration, there is a likelihood of an equitable decision, aka “splitting the baby.”

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Undersigned” also includes, “their agents,

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48 ICCFA Magazine “Like” the ICCFA