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CEMETERY CREMATION FUNERAL
I C C FA Fa l l M a n a g e m e n t C o n f e re n c e : O c t o b e r 4 - 6 , 2 0 1 7 , I n d i a n We l l s , C a l i f o r n i a
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10 Management/Legal
What should you do when the family wants to revoke an irrevocable
trust? by Poul Lemasters, Esq.
12 Legal & Legislative update
Looking back to move forward
From lawsuits to implementation of the Funeral Rule, Irwin Shipper
Irwin W. Shipper, Esq., CCE, now chair- has seen a lot in the 25 years he has chaired the ICCFA Government
man emeritus of the ICCFA Government and Legal Affairs Committee. As he retires, he reflects on what past
and Legal Affairs Committee, moderates battles have to teach us and how the ICCFA is increasing its presence
a legal and legislative update at an
ICCFA Convention. His final interview as
on Capitol Hill.
chairman begins on page 12. interview of Irwin W. Shipper, Esq., CCE
21 Body donation: An introductory primer for funeral directors
8 Washington Report
24 regulatory issues
Congress: Dont put it on autopilot
by Robert M. Fells, Esq. Q&A with Craig Tregillus of the FTC
54 Supply Line 28 Essay
56 Update Staying in the know and in a position to influence opinions
Funeral directors and cemeterians need to keep on top of legislative
63 New Members
issues, whether in the local, state or national arena. by Paul Elvig
64 Calendar
30 Management/Financial
65 Classifieds
How to enable your cemetery to use the unitrust method The Total
66 Ad Index Return Distribution Method is already benefitting cemeteries in some
states, but its not available everywhere. What do you do if you want
to take advantage of a unitrust but its not yet allowed by your states
laws and/or regulations?
by Bill Williams Jr., LFD, and Wendy Wiener
To support the ICCFAs goal of raising
32 Legal
money to fight lung cancer, todays #1
The role of the white knight in turning around a distressed cemetery
killer of women, go to
or funeral home What happens when a problem is found with a funeral
http:/www.iccfa.com/lungforce
4 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
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6 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
Washington Report
by ICCFA General
Congress: Dont put it on autopilot
I
Counsel Robert
M. Fells, Esq. n May, members of the ICCFA Government Despite widespread dissatisfaction
and Legal Affairs Committee and this writer
robertfells with Congresson a good day it
met with several key members of the House
@iccfa.com
and Senate. Similar to past years, our group has an 18 percent approval rating
1.800.645.7700,
left Capitol Hill with the firm impression that
ext. 1212 the re-election rate for incumbents
becoming a member of Congress is a job that none
direct line:
of us would want. is 97 percent. How can that be?
703.391.8401
Even with our friendly assurances that we
Fells is were not there to hammer them to support or an automatic opposition mode to anything the
ICCFA gen- oppose some piece of legislation, the look on the Republican majority proposes.
eral counsel, faces of politicians and staff members alike told At this point, this will kick us over into 2018,
responsible for the same story. They are daily being pulled from an election year, where controversial legislation,
maintaining and improving rela-
pillar to post by conflicting demands from their no matter how badly, needed is shunned. Then we
tionships with federal and state
government agencies, the news
constituents. Local town halls are not the only will hear lots of talk from both parties about how
media, consumer organizations places that can turn ugly. A simple meet and they will be ready to tackle these issues and more
and related trade associations. greet in a Congressmans office has the potential as soon as the pesky election is out of the way.
to become tense. We have seen this movie before in 2016, 2014,
Out of necessity and survival, members of 2012, 2010you get the idea. The strategy is to
Congress learn how to position themselves to say kick the can down the road and promise that we
things that are mildly supportive but stopping short will deal with it when we get there. The problem is
of making a commitment of support. Some view that we never get there.
this posturing as cynical, but if you spend any time But surely there must be a reckoning, a sort
More from this author on The Hill you will soon view this practice as a of rough justice, served up on election day? The
Why we vote. A series of necessity. truth is, this doesnt happen because the facts tell a
articles on the importance of The late Sen. Daniel Moynihan famously different story.
engagement in the democratic observed that everyone is entitled to their own Despite widespread dissatisfaction with
process in the United States. opinions but not to their own facts. The sad reality Congresson a good day it has an 18 percent
www.iccfa.com is that today every visitor to The Hill is loaded approval ratingthe re-election rate for
with their own facts, and the men and women we incumbents is 97 percent. How can that be?
Funeral Radio.
ICCFA General elect to represent us must learn how to protect I explain this by calling it the not my guy
Counsel Robert themselves from this reality. effect. Even as popular opinion expresses dismay
Fells, Esq., talks about legal However, this jockeying doesnt explain why with Congress generally, many voters make an
and the 535 members of the House and Senate fail to exception of their congressional members. In other
legislative issues affecting fu- take action on legislation we all agree is important. words, Theyre all bumsbut not my guy. With
neral, cemetery and cremation I am referring to the eternal stalemate on the need that attitude, kicking the can down the road on
businesses at for health care reform, tax reform and immigration health care, tax and immigration reform has little
www.funeralradio.com reform. I can say the same thing going back five downside risk.
years or even 10 or more. The bottom line is that we cant let Congress
This 115th Congress is turning out to be sadly operate on an autopilot basis, because the goal
typical. Despite the fact that this is an off-year of career membersto get re-electedis quite
there are no national electionsalmost no action different from the goals we want Congress to
has occurred on these three big issues. achieve for us and for our families.
The House has passed something thats This may be my Reason #57 of why we all
supposed to replace the Affordable Care Act must become politically active and communicate
but the Senate leadership say they will ignore with our congressional representatives. Our
the House bill and start from scratch. As of this government is not a democracy (and never was)
writing, they havent scratched even once. Worse, but a democratic republic, a representative form of
legislation for tax reform and immigration reform government.
hasnt even gotten that far. Just as you would never tell a waiter in a
The problem is not so much the in-fighting restaurant to serve you whatever he thinks is best,
between the two parties that gets all the attention we should never sit by and let our congressional
on the news shows. In fact, the existence of each representatives decide what is important and what
party is a great buffer to blame the other party isnt.
for the stalemate. The Republicans cant seem to If we do, we have only ourselves to blame for
get their act together and the Democrats go into the resultsor lack of them. r
8 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
I knew everything
about my business.
Except how
to sell it.
Laurens Fish III
Weed-Corley-Fish
Funeral Homes &
Cremation Services
One doesnt learn everything about their business overnight. In fact, it has taken me
over three generations of family ownership and Im still learning. When it came time
for me to make a transition, I realized I was out of my comfort zone. My research
kept showing that Johnson Consulting Group was the go-to firm for funeral
homes in my situation. It was the best call I ever made.
Not only has JCG helped funeral home owners time and time again, they
understood that this would be my first and only time to do this. And that I had
some unique wishes. Like the fact that I wanted to stay involved after the sale. And
that I wanted my staff to stay intact as well. My goal was to remain connected and
have more time to devote to the local community and my favorite charities. JCG
made all of that happen. They know their business. Because they understood mine.
2017 MKJ Marketing
888.250.7747
www.JohnsonConsulting.com
Mergers & Acquisitions Valuations Accounting Management Services Financing Customer Surveys
by Poul Lemasters, Esq.
MANAGEMENT/LEGAL
10 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
MANAGEMENT/LEGAL
We might try to make people happy by simply acquiescing and giving them the money back.
Beware, though. If youthe funeral providersimply cancel the contract and refund
the money, you could be exposed to a charge of Medicaid fraud!
looks at only a couple examples of states that irrevocable contract useless. will help you if a family challenges this.
have language about this issue, while many So, what to do? And yes, there are cases now going on
more do not have anything to compare.) where funeral providers are fighting with
There are a couple of states that have What to do families and regulatory boards over what
general provisions discussing irrevocable First, look at your state laws/regulations can and should happen when families want
contracts. For example, the Ohio State Bar to see what, if anything, is said about to revoke an irrevocable trust. Having good,
Association states that you cannot cancel an irrevocable and revocable funeral clear language in your contract can help.
irrevocable contract, but it can be transferred. arrangements. Most likely, there will be Lastly, know what you can do and
The language in Ohio is not clear, but has definitions and requirements on when you use know when you need to just pass. In a case
been discussed by the Ohio State Bar to help them, but very little on what happens if the where you believe you cant comply with
clarify the issue. family wants to cancel. a familys request, as in the scenario I laid
Massachusetts may have the clearest Second, make sure your contracts clearly out at the beginning of this article, get your
definition, stating: Irrevocablemeans, after state what canand more importantlywhat state regulators involved. Hopefully they will
any cooling-off period, that the Pre-Need cannot be done if the purchaser later changes see the issue and help find a resolution that
Funeral Contract may not be terminated by their mind. complies with state and federal regulations as
any party or beneficiary of the contract except If your state sets this out, then include that well as your contract.
by order of a court of competent jurisdiction. language. If your state is silent on the issue, Remember that while you may want
This term may apply to the Pre-Need Funeral then define irrevocable in the contract to make every family happy, there may
Contract as a whole, or may apply to specific and include an explanation that it cannot be be cases where your ability to do so is
portions of the contract. changed. By having a clear explanation, it limited. r
Massachusetts then goes on to state that
under 239 CMR 4.07: Cancellation of Pre-
Need Funeral Contracts
(4) If a Pre-Need Funeral Contract was
Irrevocable at the time it was originally
created, such a contract shall not be canceled
by either party except by order of a court of LIFE'S TOO SHORT FOR PAPER
competent jurisdiction. Such a contract may,
however, be transferred to another Licensed
Funeral Establishment in accordance with
239 CMR 4.06.
Again, this issue is becoming more
common, and what we are discovering is that
most states do not have anything written on
what you can or cant do with an irrevocable
contract. Perhaps states have avoided the info@plotbox.io +1-650-320-7685 www.plotbox.io
ifshipper@aol.com L E G A L & L E G I S L AT I V E U P D AT E
Irwin W. Shipper,
Esq., CCE, has been From lawsuits to implementation of the Funeral Rule,
involved in the cemetery
business for more than
Irwin Shipper has seen a lot in the 25 years he has chaired
60 years. the ICCFA Government and Legal Affairs Committee.
He is an ICCFA past As he retires, he reflects on what past battles have to teach us
president; has chaired
the ICCFA Government and how the ICCFA is increasing its presence on Capitol Hill.
and Legal Affairs Com-
mittee since 1992; and
is a member of the ICCFA Hall of Fame.
He is president of Rose Hills Memorial
Park in Putnam Valley, New York.
He served as president of Beth Israel
Cemetery Association and Woodbridge
Memorial Gardens, Woodbridge, New
Jersey. He was with The Loewen Group for
several years before returning to private
cemetery ownership. T
He chaired the New Jersey State
Cemetery Board, 1972-1994.
He earned his law degree from Brooklyn
Law School.
He is a board member of the Jewish
Federation of Palm Beach County, Florida, Irwin Shipper, CCE, moderating a legal and legislative update at an ICCFA Conven-
and is on the executive committee of the tion & Expo. Shipper has moderated many such panels as chairman of the ICCFA
Commission for Jewish Education of Palm Government and Legal Affairs Committee, a position he has held since 1992.
Beach.
12 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
This years ICCFA Hill visits started with a breakfast strategy session with Dykema, the lobbying firm the ICCFA has hired, in the
building Dykema shares with the Washington Post in downtown Washington, D.C. Above, counterclockwise from right, are Ca-
ressa Hughes; Blair Nelsen, CCFE; Jim Brandell and Andy Buczek of Dykema; Ed Horn, CCE, ICCFA General Counsel Bob Fells; Jim
Price, CCFE, CCrE; Steve Schacht, CCE; and Tom Daly, CCE. One of Dykemas objectives is to consolidate the ICCFAs position as the
go-to trade association for cemetery, funeral and cremation issues, as the associations membership encompasses all segments of
the profession. This year marked the first of our Capitol Hill visits with the added
resources of Dykema, our new lobbying firm, said ICCFA General Counsel Bob
Fells. They ably assessed the House and Senate commit-
tees that affected our members business interests and ar-
ranged meetings for us with key players on those commit-
tees. Our own members have some excellent connections
of their own with the committees, but Dykema increased
our contacts, and that proved very helpful. ICCFA repre-
sentatives split up into two groups, each accompanied by
at least one Dykema staffer, so they could make all of the
meetings scheduled over two days. Left, Mary Beth Mc-
Gowan of Dykema makes a point during a meeting with a
legislative assistant to Sen. Gary Peters, D-MI. Right, con-
ferring in a hallway before a meeting with congressional
staff, counterclockwise from lower right: Jarrett White and
Andy Buczek of Dykema; Ed Horn, CCE; Tom Daly, CCE;
Keenan Knopke, CCE; and Steve Zimmerman of Dykema.
Above left, in order to make it from a House office building over to the Senate side without having to go through the long
security lines again, ICCFA representatives took to the tunnel access, which involved a brief tram ride followed by a lot of
walking. Pictured are Jim Price, CCFE, CCrE; Steve Schacht, CCE; and John Resich, CCE. Above right, after a discussion on
the issues, Rep. Peter King, R-NY, center, showed Tom Daly, CCE, and Ed Horn, CCE, the view from his balcony.
Craig Tregillus of the FTC stands behind the ICCFA representatives visiting the FTC office to discuss the Funeral Rule, secret
shoppers and other matters. (An interview with Tregillus starts on page 24.) Seated, from left, Steve Zimmerman of Dykema,
the lobbying firm the ICCFA is working with; ICCFA General Counsel Bob Fells, Esq.; Ed Horn, CCE; Jim Price, CCFE, CCrE;
Keenan Knopke, CCE; Tom Daly, CCE; John Resich, CCE; Caressa Hughes; Steve Schacht, CCE; and Blair Nelsen, CCFE.
all accused of conspiracy to restrain trade by Is that what happened? the right to install all memorials and
using and promoting an exclusive marker No. We proved we could walk and chew monuments itself could run afoul of
installation policy, that is, where only the gum at the same time. We continued some case law. But that year, the U.S.
cemetery could install all monuments and CLDF to help the cemetery defendants Supreme Court made a landmark decision
markers. and handled our own legal bills through in a case called Jefferson Parish Hospital.
Were these allegations taken seriously? insurance coverage. The hospital had an exclusivity rule that
Strategically, I think the plaintiffs made only doctors who were granted hospital
Oh yes, we had to take these seriously,
a big mistake by bring us into three of the privileges could work in that hospital.
because a finding of liability could
lawsuits, because in defending ourselves A patient wanted to bring in his own
financially destroy all the defendants. As
we brought in top antitrust lawyers to assist doctor, who did not have privileges at this
I recall, the ACA was named in three of
the other defendants lawyers. Eventually, hospital. The doctor was barred and the
the lawsuits, in Pennsylvania, Kansas and
I believe that plaintiffs attorneys realized patient sued the hospital, claiming an illegal
Arkansas.
their tactical mistake and were eager to get restraint of trade. You can see how this fact
The first two were settled rather quickly
rid of the association as a defendant. situation paralleled the cemetery exclusive
along amicable terms. But the plaintiff in
But as I said, the Arkansas plaintiff memorial installation policy by barring
the Arkansas litigation (Baxley-De Lamar)
believed he would win, and we went to a third parties from doing the work.
refused to settle and we went to trial. Of all
the cases, the Arkansas litigation was the jury trial and won. Of course, the cemeteries Then the Supreme Court found in favor of
only one tried by a jury. in the first lawsuits in Oregon and Missouri the hospital?
won at trial, then lost the appeal. The Yes, but the reasons behind the ruling are
Why was the association targeted in the
Arkansas plaintiff appealed the jury verdict what helped us in our litigation. The high
first place?
to the federal appeals court and we won court ruled that the hospitals restriction on
Well, we had our theories, because there there, too. In fact, our victory in Arkansas doctors who may work at the hospital was
was no factual basis for saying we ever made it much more difficult for monument legal, provided the hospital did not have
suggested what sort of rules and regulations builders to sue cemeteries. market power. That means that there were
our member cemeteries should have.
That was a long time ago. Are there any other hospitals in the general area that a
The ACA was raising money to help the
lessons for industry members today? patient could use if he or she didnt like the
defendant cemeteries in all these lawsuits
Very much so. In fact, I am concerned that rules at this particular hospital.
pay their legal bills. The campaign was
the new generation of cemetery owners and Applied to a cemetery fact situation, this
called CLDF, or the Cemetery Legal
managers are not aware of all this litigation meant that if a purchaser of a memorial did
Defense Fund.
and as a result may create new forms of not like a cemeterys installation policy, the
I thought the plaintiffs attorneys didnt
liability for themselves. customer could go to another cemetery. This
like this, so I suspected that we were added
assumed a cemetery did not have market
as a defendant to keep the association busy How so?
power, in other words, did not control
raising funds to pay its own legal expenses Before 1989, any cemetery that claimed so much of the burial market in a defined
in the litigation.
14 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
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16 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
Matthew C. Smith
Owner & Licensed Funeral Director
Spicer-Mullikin
Funeral Homes & Crematory Harvey C. Smith, Jr
Former Owner
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Funeral Homes & Crematory
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L E G A L & L E G I S L AT I V E U P D AT E
The Parental Bereavement Act of 2017 would amend the Family and Medical Leave Act to allow
parents grieving from the death of their child to receive up to 12 weeks of job-protected time off.
By supporting this bill, the ICCFA is making a statement on the importance
of taking time to grieve when confronted with one of lifes greatest tragedies.
Rep. Paul Gosar, R-AZ, second from left, talks to ICCFA representatives, from left, MaryBeth McGowan of Dykema; Steve Schacht,
CCE; John Resich, CCE; Bob Fells; and Jim Price, CCFE, CCrE. Gosar is sponsoring two bills the ICCFA supports, The Label and
Transport Tissues Safely Act and the Sarah Grace-Farley-Kluger Act, also known as the Parental Bereavement Act of 2017.
maintenance care funds. Lawmakers at both the state and local is always well-received, usually with the
What has been the problem there? levels are always surprised when we tell observation that they are not aware of any
Many state laws restrict cemetery care them the simple truth: Cemeteries are the problems their constituents have with our
trust funds from withdrawing long-term only businesses that must service what members. Of course, we appreciate this
capital gains. Simply stated, these gains are they sell forever. Theres no five-year information.
mandated to be treated as though they were warranty period, after which they have no Then we mention any pending bills we
original deposits to the trust. more responsibilities. Grave maintenance are watching. This year was a little different
In other words, just as the principal is a continuing responsibility, but the in that we are following four bills that are
deposits can never be withdrawn, neither care trust laws in many states undermine all constructive in nature and that we can
can these capital gains. This restriction this obligation through short-sighted support.
forces trustees to avoid long-term growth regulations. What are these bills and what progress
investments and focus only on current In May, some members of the ICCFA have they made going through the House
income investments, which limits the Government and Legal Affairs Committee and Senate?
amount of income earned. made their annual visit to Capitol Hill. Perhaps the most important of the four
In recent years, a few states have How did that go? is H.R. 2022, the Label and Transport
enacted laws to allow a total return form The visits with 18 representatives and Tissues Safely Act, introduced by Rep.
of investment that permits the withdrawal senators went very well. For the first Paul Gosar (R-AZ). The issue is that non-
of some portion of the capital gains. This time, we had the services of our new transplant body donation is an unregulated,
approach maximizes the earnings potential lobbying firm, Dykema, to help us schedule growing industry that profits from the sale
of the trust funds and releases more income appointments. of donated tissues and organs. (Editors
for cemetery maintenance. (Editors note: We typically offer our assistance to the note: See related article, Body donation:
See related article, How to enable your congressional members constituents should An introductory primer for funeral
cemetery to use the unitrust method, on there be a problem or concern involving directors,on page 21.)
page 30.) a cemetery or funeral home. This offer There is a public health concern
18 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
Visit the new and improved www.iccfa.com August-September 2017 19
L E G A L & L E G I S L AT I V E U P D AT E
20 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
L E G A L & L E G I S L AT I V E U P D AT E
T 6LPSOLFLW\
he frequency of human remains education or research purposesat the state
being donated to science, either by level. Many states also have some pertinent
choice of the deceased or by the laws in the funeral or cemetery code. DW\RXUILQJHUWLSV
next-of-kin, has increased significantly Beyond that, donation program
over the past several years. However, the operations are not regulated by local or
practical effects of such donations are federal government. Body donation for
not often understood and sometimes not compensation is largely unregulated. Few Mary Jones
properly disclosed to participants, including states have laws beyond those that govern (888) 239-0351
funeral homes. consent or revocation, and to date there are Monday, Nov 28, 02:02 PM
She is calling in regards to her
highlight a few of the key issues involved. a bill is pending in the U.S. House of CALLER I.D.
(770) 830-1120
The first day of Capitol Hill visits turned out to be a busy one, full of last-minute calls for legislators to vote, so ICCFA mem-
bers spent a lot of time meeting with legislative assistants in hallways, foyers and conference rooms. Above left, Keenan
Knopke, CCE; Tom Daly, CCE; Maddie
Bushnell, legislative assistant to Rep.
Dave Loebsack, D-IA; Ed Horn, CCE, and
Jarrett White of Dykema. Above right,
Steve Zimmerman of Dykema; Anna Yu
and Maya Kalonia, legislative aides to
Sen. Richard Blumenthal, D-CT; Knopke,
Daly and Horn. Left, Daly with the only
lunch this group managed, boxes of
Newmans Own raisins offered to visitors
in Blumenthals office. Right, Horn, Daly,
Andy Buczek of Dykema, Knopke and
White meet with Kevin Casey, legislative
assistant to Rep. Joe Crowley, D-NY.
future and at the same time build on the without the active support of the ICCFA legislation that affects our members tends
very successful record that the ICCFA membership. The committee has over 20 to receive bipartisan support in Congress.
government relations program has achieved members and is truly a working committee. This means that we need to cultivate
in the last few decades. These changes Likewise, member contributions to the friendships on both sides of the aisle,
arent breaking with the past so much as Government and Legal Fund are good, but Democrats and Republicans alike.
moving everything forward. frankly there are some members who have There is no such thing as a permanent
Many ICCFA members know that in never contributed, or did so once years ago. majority in either house. The majority shifts
addition to chairing the Government Maybe these people think there are back and forth every few years, so for the
and Legal Affairs Committee, you also plenty of members who do contribute so ICCFA to be known for siding with one party
were responsible for the fundraising they dont need to, but they are mistaken. would undermine our communications with
activities of the Government and Legal It is more difficult to raise funds for our the other party. As a result, our PAC donates
Fund. You also chaired the ICCFA PAC PAC because, by law, these contributions evenhandedly to candidates in both parties.
Disbursement Committee that decides must be from the personal funds of each Were just being sensible.
which candidates in congressional member and cannot be reimbursed by their Is there any unfinished business or goal
elections received our PAC support. Can company. that you havent achieved in your 25 years
you comment on these two activities? That said, the PAC fundraising handled as chair?
by Paul Elvig for many years has been
If we think of a three-legged stool, we Only one. To be honest, for many years I had
successful and allowed the association
know it is useless if only two of the three hoped that we could raise enough money
to show its support for key members of
legs are working. Our Government and for the Government and Legal Fund to be
Congress. I had the easy job with the
Legal Affairs Committee is one leg, and the self-sustaining on its earnings or investment
PAC. I helped decide which candidates we
other two are the Government and Legal returns. Then we could suspend the annual
should support.
Fund and the ICCFA PAC. Together they fundraising until such time, if ever, that the
work to make possible the success of the How did you decide whom the ICCFA funds went below a certain level.
associations overall government relations PAC would support? My hope also was that this would never
program. It was necessary to park our political happen and the fund would continue to
Of course, none of this matters opinions and realize that the typical be self-sustaining while continuing to
22 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
L E G A L & L E G I S L AT I V E COMFORT THAT
U P D AT E LASTS A LIFETIME
underwrite the expenses of our government Create timeless memories for your
relations program. clients while improving your bottom line.
Our program is a great add-on service.
What sort of goal would have to be
reached to make the fund self-sustaining? CALL OR VISIT US ONLINE TODAY
L E G A L & L E G I S L AT I V E U P D AT E
from page 23 pulling together, even at their own peril, Personally, Im just glad that it took two
Ive ever had the pleasure of working with. to fix, smooth or deal with critical issues people to replace me!
Another thing to keep in mind is that the that may not really have affected them but And Ill still be around for advice
most successful volunteers are the ones for would have had a devastating impact on and counsel with plenty of energy and
whom the journey was the most important other members and their businesses. enthusiasm to help things going forward.
thing. Im referring to old-fashioned ethics Im delighted that Keenan Knopke and On behalf of our entire family and our team
and a willingness to pull together without Poul Lemasters are in place as co-chairmen. at all our businesses, I want to thank the
partisan wrangling or petty disputes. I They are a great and potent team that will ICCFA and its members for such wonderful
remember so many instances of members provide lasting and effective leadership. memories. r
24 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
Enrich the experience by making it personal
Call your local Wilbert licensee and ask how they can help
you deliver uniquely personalized services.
We train our shoppers to meet with a funeral director. We do not dupe a receptionist
or other non-professional into violating the rule, much less a funeral director.
If a question arises about a shop, we will address it.Craig Tregillus
from page 24 since the 1970s.
compliance on the In trying to settle an
funeral home. It is up to alleged rule violation
the home to ensure that that includes a civil
all its employees are penalty, by statute, staff
trained in compliance, must take a number of
and that they are factors into account,
actually complying including the severity
with the rule. That said, of the violation, the
we are continuing to impact of any penalty
reassess this policy. on a small business and
its ability to pay.
What recourse does
As such, in
a funeral provider
discussing the
have if he or she
matter with us, the
believes that the
provider will have
undercover shoppers
an opportunity to
inappropriately goaded
demonstrate that it
an employee into
lacks the ability to pay
giving a ballpark
the full civil penalty,
price for something
and to enter into a
when the person they
stipulated judgment for
need to talk to (i.e., the The Federal Trade Commission building in Washington, D.C.
a lesser amount.
funeral director) is not
from an experienced funeral director who was In approving any settlement, the commis
available at the moment? In other words,
sion also must take such factors into account.
short of litigating, is there an administrative incredulous that a recent training required
directors to make that statement. To be clear, Similarly, if a settlement cannot be reached
procedure available whereby the circum
the rule does not require it. But as I told him, and the commission votes out a complaint, a
stances of the visit can be reviewed?
nothing in the rule prevents a funeral provider federal judge must take the same factors into
We train our shoppers to meet with a funeral account in awarding any civil penalty.
from going beyond the rules requirements if
director. We do not dupe a receptionist or Of course, funeral providers that are first-
it wishes to do so.
other non-professional into violating the rule, time rule violators will continue to have the
much less a funeral director. If a question For many years, the penalty for violating option of entering the compliance training
arises about a shop, we will address it. the rule was set at $16,000 per violation. program known as FROP (Funeral Rule
In all my public presentations, I have Currently, the penalty has been increased Offenders Program) instead of facing an
made a point of inviting funeral providers to $40,564 per violation. Yet there seems to enforcement action.
who have concerns about our shoppers to let be no consideration of what might be called
the punishment should fit the crime. In Officially, the review of the Funeral Rule
me know. I can be reached by telephone at is scheduled for 2019. Whenever it occurs,
202.326.2970, or by email sent to ctregillus@ other words, is the fine out of proportion to we understand that posting prices online
ftc.gov. the relative severity of the violation?
will likely be an important subject, since
Another issue of concern is the perception More to the point, rule enforcement does that currently is not covered by the rule.
that interpretations of the rule are not require any showing that the consumer Few, if any, businesses in any industry
becoming the same as the stated require suffered harm in a delay in receiving the are required to post prices online, though
ments of the rule. For example, the rule GPL or casket price list (CPL). Nor is it many do so voluntarily.
states that the provider must give the shop necessary to show that the consumer even
per a GPL to keep although there is no looked at the GPL or CPL before making a Is it likely that such a proposal under the
affirmative obligation to say, This is yours purchasing decision. This sounds to some Funeral Rule review would be optional
to keep. We know of one instance where an industry members like a lack of due process. rather than mandatory? At this point,
interpretation was cited that the obligation Please comment. we are just engaging in speculation, but
was inferred, therefore if the consumer is should a funeral provider post its prices
As an initial matter, it was Congress, not the online, would that provider be granted
not told he or she may keep the GPL, the FTC, that mandated the civil penalty increase. an exemption from being visited by the
provider has committed a violation. Can you The new law required all federal agencies
comment? undercover shoppers? In other words,
to increase the civil penalty for violations of assuming the online prices comply with
I received a call a number of months ago their regulations to better account for inflation
26 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
R E G U L AT O R Y I S S U E S
the GPL and CPL requirements of the
rule, would only providers who do not
post their prices be subject to shopper
inspections?
I cannot speculate on what will come from
the scheduled regulatory review. As with
all its regulatory reviews, the commission
will want to hear the views of all interested
parties, and will withhold judgment about
whether the rule should be amended until all
interested parties have had an opportunity to
comment.
Craig, would you like to add anything
else?
Yes. First, Id like to stress the importance
of giving consumers the required itemized
price lists and showing whats in them.
The purpose of the rule is to ensure that
consumers have itemized prices so they
can buy only what they want or need. They
cant do that if the price lists are hidden in a
folder thats handed to them, or if the price LED Lighting Solutions
lists they receive are never shown or used
for Memorial Products
during the arrangements conference.
While some consumers might prefer the
simplicity of packaged funeral options, the E N E R G Y S AV E R
home must provide all consumers with the
required price lists to allow them to make LED light bulb for Crypt
an informed decision. & Niche Fronts
Second, Id like to point out that funeral Warm color for Bronzes
providers can bullet-proof their compliance
quite simply by giving and showing E A SY TO I N S TA L L
consumers all three of their price lists at the www.septechnologies.com
outset of the arrangements conference. 1 877 515-4672
The rule expressly permits providers
to include their casket and outer burial
container price lists in their GPL. If a
funeral home prefers not to combine the (3&7&38"3%
price lists, it can give consumers the three
separate price lists at the same time.
Either way, if the funeral director shows
$&.&5&3:1-"//*/(
a consumer whats in the price lists at
the outset, the home will have protected
itself from what is now the most common
violation we see: failure to show the CPL
before showing caskets.
1-"//*/($&.&5&3:%&7&-01.&/54
Finally, Id like to say that we have a 4*/$&
great deal of respect for the important work
that funeral providers do, and the many &2035(+(16,9(0$67(53/$16&216758&7,213/$16 63(&6
other contributions your members make to 6(&7,21/$<2873/$16&5(0$7,21*$5'(13/$16
their communities. 3/$17,1*3/$16 63(&6
Our goal is to protect consumers by /27/$<287 6$/(60$3663$&(5(&29(5<352*5$06
ensuring compliance, not to bring enforce
6,7((9$/8$7,216 )($6,%,/,7<678',(6
ment actions. We are open to hearing any
concerns, comments, or suggestions you *:*5(9(5 :$5'
&HPHWHU\3ODQQHUV
,1&
paulelvig@frontier.com E S S AY
ICCFA Magazine
author spotlight Funeral directors and cemeterians need to keep on top of
Elvig retired in 2008 legislative issues, whether in the local, state or national arena.
as general manager
28 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
Its whats inside that gives you
power.
With our trust administration technology running inside your
business, youll have the power to access any detail of your account
24/7. Its web-based, so you can check your balance daily and
monthly statements are immediately accessible. And unlike others,
all monthly statements report the market value of your trust. Plus,
with our expert knowledge of the death care industry, youll be
wise to any new trust laws and meet regulatory requirements easily.
So the question remains: What does your trust run on? FSI. Any
trust, any state, any time.
fsitrust.com
by William H. Bill Williams
Jr., LFD, and
MANAGEMENT/FINANCIAL
Wendy Russell Wiener, Esq.
ICCFA Magazine author spotlight
The Total Return Distribution Method is already benefitting
Bill.Williams@fsitrust.com
Williams is president
cemeteries in some states, but its not available everywhere.
and CEO of Funeral Ser- What do you do if you want to take advantage of a unitrust but
vices Inc. and serves on
the FSI Board of Direc- its not yet allowed by your states laws and/or regulations?
tors as vice chairman. He
30 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
MANAGEMENT/
FINANCIAL
Regulators and legislators
can ask technical questions that
you may not be able to answer.
Industry lobbyists and unitrust
experts are available to answer
those tough questions.
itselfit really does! Therefore, the difficul
ties you can expect often revolve around the
its too good to be true factor.
When regulators and legislators review
examples of the higher cash flow enjoyed
by cemeteries using the unitrust method,
they often say, How can that type of
distribution flow hold up?
It will be your job to explain that the
method generally uses a three-year average
of annual trust returns to calculate a yearly
return that protects against the highs and
lows of the market, thus allowing ceme
teries to plan for their care and maintenance
throughout the year.
One more important note: Make sure
you encourage cemetery owners to review
their trust agreements and cemetery
contracts before electing to use the unitrust
method.
Some documents may contain language
that restricts a cemetery from using
endowment care principal for general care
Your Real Source.
and maintenance of the cemetery. If your
document contains such a restriction, you
Anywhere. Anytime.
should consult your attorney before electing
the total return distribution method.
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general terms once you have studied it at a
Family Owned and
FUNERAL HOME & CEMETERY
NEWS
Operated Since 1974
32 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
R E G U L AT O R Y I S S U E S
investments, illiquid or poorly performing In these instances, the receiver reports to a a. Sale of assets. In certain instances, sale
investments or impermissible trust receivership court. of a distressed property can prove to be an
withdrawals; The receiver will try to turn around ideal result. The sale typically will take the
4. impermissible liens such as factoring the distressed property, sell the distressed form of an asset purchase. If a receivership is
arrangements; property as an ongoing business or liquidate in place, the white knight may agree to serve
5. deferred maintenance; and sell the assets of the distressed property. It as a stalking horse in an auction with the
6. deferred capital expenditures; may use an interim operator or a white knight white knight receiving a breakup fee if it is
7. delinquent contractual liabilities and for this purpose and to reduce the costs of not the successful bidder.
accounts payable; receivership. In a distressed sale, the consideration paid
8. uninsured losses; Again, costs associated with the by the buyer is used to fund trust shortfalls
9. outstanding liens and other security receivership are either paid from the assets and discharge outstanding liabilities,
interests; of the distressed property held by the including fees related to oversight of the
10. customer complaints and litigation; receivership, by the white knight or both. distressed property by a regulator or fees
and 3. Turning around a distressed related to the receivership.
11. regulatory non-compliance. property. A white knight can be key to If the purchase price proves insufficient
In addressing the foregoing issues, the a receiver who is trying to turn around to cure trust shortfalls and outstanding
regulator and the white knight may consider a distressed property. A management liabilities, the buyer can post a performance
the following: arrangement and an operating arrangement bond securing performance of certain
1. Interim operator. In dealing with a are two methods. In the former, the white agreed obligations with the regulator
distressed property, time is of the essence. knight receives a management fee paid from setting the amount of the bond and ensuring
Where possible, the regulator, the white operating revenues of the distressed property. performance. The receivership court, as
knight and the operator should quickly put In the latter, the white knight is responsible part of its sale order, can provide protection
in place an interim arrangement to allow the for all expenses and keeps all revenues. against unasserted claims of creditors or
white knight to secure the operations of the The management or operating customers of the distressed property.
cemetery or funeral home on an interim basis. arrangement may be short-term or long-term. b. Misappropriation claims. Important
Where the white knight has not been A short-term management arrangement is assets a buyer may receive in an asset
identified, there are companies that will work frequently tied to a sale, as discussed below. purchase of a distressed property are claims
with state regulators on an interim basis to A long-term management or operating against third parties who have been complicit
preserve and maintain the property to prepare arrangement may be particularly well suited in improprieties surrounding trust funds.
it for sale or other turn-around arrangement. to a nonprofit cemetery. Recoveries from misappropriation claims
Whether an interim operator or a white knight Key to these arrangements are the can be an important tool in completing a
is involved, any associated cost is either paid termination provisions and what the white sale, including satisfying trust shortfalls or
out of the assets of the distressed property or knight will receive as a fee in the event discharging outstanding liabilities.
by the white knight. of termination. These might include net
2. Receivership. Almost all states have receivables, increases in the merchandise trust In sum, a responsible operator working
laws providing for the appointment of a less merchandise liabilities and unamortized with a state regulator and a receiver, if
receiver, and there has been recent precedent costs related to equipment and capital appointed, can be helpful in effecting a turn-
involving appointment of a receiver for improvements. around of distressed cemeteries and funeral
distressed cemeteries and funeral homes. 4. Sale of the distressed property. homes. r
2016 RBC Wealth Management, a division of RBC Capital Markets, LLC, Member NYSE/FINRA/SIPC.
34 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
Why is Regions a national leader in
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Because we care about the
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theyve engaged in. If you dont have intended for your lawyer. Notes and
Another thing you should have in place communication prepared in anticipation of
is annual verification and certification of a lawyer, you litigation are privileged. Create a separate
compliance. Litigation often arises from should probably file immediately; keep these notes out of
rogue employees, employees who turn on your arrangement file, the file in which all
you, somebody youve let go, somebody identify somebody your contract documents and so forth are
who doesnt like you, somebody who in your community, located.
decides that theyve got whistleblower- Your notes that deal with problems
type information to use against you or at least your should be kept in a separate file. You can
and goes to a lawyer and becomes your state, who is at least somewhat call it a legal file or whatever you want,
archenemy. but put it in a separate file. Then, if you
This is why, every year, you should familiar with funeral or cemetery get a request to produce your files on the
get certification from each and every law and any state or federal arrangements, you can produce it without
employee acknowledging that they have worrying about things that shouldnt be in
complied with all rules and regulations, the regulations that may control in there.
companys internal policies and the law. your particular jurisdiction. And bear in mind were now in
Also, that they have not observed anybody the era of electronic discovery, email
else not in compliance, of if they have, that John Mason discoveryESI its called, electronically
theyve told you about it. This should be mistake, apologizing and refunding money stored information. Its a huge issue in our
signed under penalty of perjury. promptly, are all evidence that can be business, and its a nightmare. Everybody
If an employee later comes back and presented. When a jury hears that you did is now communicating that way, and the
says, Well, gee, I saw this guy do that everything you possibly could to correct cost of going through and identifying
thing wrong, and goes to a lawyer and an error, theyre going to be much more privileged versus non-privileged
tells a great tale about all the wrong-doing forgiving. information is huge.
he saw at your place after hes signed that Other things to remember when When there is potential for litigation,
certification saying otherwise, its a pretty you make a mistake: Remain calm and you will get a letter from the plaintiffs
useful defense for you. professional and dont ever pass the lawyer asking you to put a litigation hold
Or, if an employee says, Well, yeah, buck to somebody else. Determine what on your documents, and that includes your
they have this policy, but they dont the heck happened so you can fix it and electronically stored information. You
really enforce it, you can bring out this so that it doesnt happen again. Keep must hold onto it, by law.
certification, and say, You confirmed last communication with the family open. What can you tell employees? You can
year that you were in fact following all Try to avoid admitting you did ask them not to talk about whatever the
these policies. something wrong, per se, but be sincere in problem is, the incident. You cant fire an
Make sure you review, annually or at apologizing about the fact that the family employee for talking to someone, but you
least every two years or so, your SOPs. is not happy with your service. Thats a can request that they dont. Remember that
Make sure they still comply with industry little different than saying outright, I did every time someone tells their story, it has
standards and current state and federal something wrong. Save that for later, if a chance to change. We want the story to
regulation. necessary. be clean, and told once.
The important thing to do when a prob The same thing with written statements.
Handling mistakes lem arises is to document it. We want you Its important to document in a written
Youre going to make mistakeseveryone to do this because for the family, making form, as soon as you can, what each
does, from time to time. When you make the funeral arrangement is probably one employee involved has to say about what
a mistake, youve got to deal with it, and of the most important and unusual events happened. Make sure they put their name
youve got to deal with it now. Dealing in their lives, and they will remember and date on it, and make sure it says, for
with it right away and in the correct way is everythingeven if they dont remember my attorney, attorney-client privilege on
often your best defense against a potential it correctly. top of it.
lawsuit. You do this every day, so you wont be Have each employee involved,
People are fairly understanding, believe able to remember the details of one versus separately and independently, write down
it or not, when you fess up and deal with a another unless you wrote down some notes what they recall about the incident
mistake promptly. In fact, weve had a lot about what happened. Those notes should ideally before theyve had a chance
of situations where theres been a mistake be made in a way that they are protected to discuss with other employees what
made of some sort, the family is told about by the attorney-client privilege, because happened.
it immediately and the family says, Gee when a problem arises, keep in mind that
you didnt have to tell me; I would have it might result in litigation, so we want Be ready to be sued
never known. But thank you; I appreciate you to document things it in a way that If you operate a successful business, you
it. And in many cases, thats the end of it. preserves the privilege of confidentiality will get sued, because mistakes happen.
In other cases, litigation will follow, between a lawyer and a client. No matter how hard you try, how nice
but actions such as acknowledging the Make notes and write that theyre you are, how properly you respond to
36 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
LEGAL
When you make the back. A lot of times, funeral directors tend to change over time.
will write notes on the inside cover of the Generally speaking, you dont want
a mistake, youve arrangement file, or on the back of it, and to give statements to the press. The press
got to deal with it, then they dont photocopy the cover. is not your friend. Funeral cases tend to
You might get a call from your lawyer be like plane crashesthe media goes
and youve got to saying, I think maybe you missed nuts; they love this stuff. A no-comment
deal with it now. something. Or maybe they wont realize response is probably your best friend,
some notes are missing and those notes because basically the story will die.
Dealing with it include critical information. I know everybody is afraid of bad
right away and in the correct Your insurance company is theoretically publicity in your business. Bad publicity
your friend. They are supposed to help you lasts about a nanosecond.
way is often your best defense and resolve the claim, and you should feel You could say that its company policy
against a potential lawsuit. free to cooperate with them. In fact, you not to comment on matters like this while
have a duty under your insurance policy they are under investigationthe press
People are fairly understanding, contract to cooperate with your insurance is used to hearing that. If they hear that,
believe it or not, when you fess company. If you dont, they can deny they know youre not going to budge, and
coverage. Its rare, but they can try to do usually theyll back off at that point.
up and deal with a mistake that. The worst thing that can happen in
promptly.Steve Gurnee The insurance company will hire a your case is to cover up, to liethat will
defense lawyer for you, usually somebody kill you. Bad results in these cases are
complaints, there are people out there who from a panel of lawyers they frequently generally due to fraud or some intentional
will sue. use, or an in-house lawyer. If you have misconduct by the defendant, funeral home
The first thing you should do when some influence with your insurance or cemetery.
there is a problem that could lead to company, try to steer them toward hiring In cases where people make a sincere
litigation is call your lawyer. If you dont somebody who knows something about effort to be gracious, responsive and
have a lawyer, you should probably your business, because there are lawyers empathetic, and try to deal with the
identify somebody in your community, who know nothing about your business. situation up front, often the funeral home,
or at least your state, who is at least The way death-care cases are handled cemetery or crematory comes out ahead.
somewhat familiar with funeral or is important. How you pick a jury, how Ive tried some cases in California, jury
cemetery law and any state or federal you present the case, is a lot different in trials, where the organization definitely
regulations that may control in your your business than in the case of a rear- made a mistakeburied the body in the
particular jurisdiction. Having somebody end accident, or a construction fallthe wrong place or gave back the wrong
available you can pick up the phone and kind of things handled by many lawyers remains or something else. We stood up in
call immediately if a crisis occurs is insurances companies use. So, if you have front of a jury, admitted what we did, said,
obviously beneficial. the chance, you want somebody who Yeah, we made a mess, we tried to make
We hope all of you have liability knows something about your business. it right, but the plaintiff wanted the moon,
insurance for your death-care business. If you are in a situation where youve and the jury came back and gave them
If you dont, get it. You need to promptly got a claim, youve tendered it to your nothing.
notify the insurance carrier about any insurance company and theyve hired a This is really rare in an admitted
potential claim. Some insurance carriers lawyer who isnt particularly familiar with liability case, but it happened because the
have specific notice requirements, and if your business, spend some time with that client handled the mistake and the potential
you delay too long in reporting the claim, lawyer, help them learn your business for a lawsuit responsibly and properly. And
that can put your coverage in jeopardy. inside and out. Show them everything the plaintiffs were unreasonable.
Send that legal file we talked about your facility, everything about the One of the things Ive learned in hand
about to your lawyer so they can start things that went on in the transaction thats ling these case is we rarely see the same
evaluating the situation. Include all your in dispute. plaintiffs lawyer twice. Most lawyers and
documentation, your arrangement file, Being educated on the details of what judges think these cases are worth a lot
any email communication, employee you do, why you do it and how you do it, of money, but theyre not. So most of the
statements. is really helpful to a lawyer in presenting a time in these cases, the plaintiffs lawyer
We often will tell the mortuary, or case to a jury. has never handled one of these cases
cemetery or crematory, We need your Everybody is kind of afraid of lawyers, before.
file. And they send us the file but they but were there to help and protect you and
dont send us everything. stand up for your rights and interests. A checklist of common claims
For example, theyll forget to copy the Not only your employees but you Were going to talk about the kinds of
back side of documents like contracts, should not talk to investigators or other claims we keep seeing over and over
so we cant read the provisionswe just lawyers for other parties. You want to tell again. We keep running into the same kind
have the front of the statement of funeral your story one timeunder oath, if you of problems all the time:
goods and services, for example. Copy can. When stories get told and retold they Wrongful burial. Someone buried in the
38 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
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40 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
Annual
2 LOCATIONS:
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2017 MKJ Marketing 7978 Coley Davis Rd. | Suite 102 | Nashville, TN 37221
by Stephanie Ramsey
stephanie@theforesight H R L E G I S L AT I O N
companies.com
ICCFA Magazine A year ago, funeral home owners were well aware
author spotlight
of changes in overtime regulations expected to go into effect
Ramsey is the HR
specialist for The before the end of 2016. Today, the legislative landscape has
Foresight Companies
LLC. She has a unique
changed, but that doesnt mean you can stop thinking about
perspective on the whats going on in Congress. There are a number of bills under
challenges funeral and
cemetery business consideration that could affect your funeral home.
owners and managers face when dealing
with employee issues.
Ramsey has managed both small staffs
and ones with more than 200 employees
Employment legislation:
and more than 25 supervisors directly re-
Whats in the pipeline
L
porting to her. She also has run an 800-call
regional combination business. She has
written many employee handbooks and ast year many funeral business deadline for presenting opening briefs and
other job-specific documents for clients employers were frantically attempt responses to the court. As of this writing,
nationwide. ing to address the potential change the DOLs extension gives them until
to their payroll based on implementation June 30, 2017, to present these briefs and
More from this author of the Fair Labor Standards Act Overtime responses. So, while the overtime rule has
Ramsey writes a quarterly blog Rule which was anticipated to go into been put on a back burner by the current
on HR matters that can be viewed at
effect on December 1, 2016. administration, the judicial process is still
www.theforesightcompanies.com
The enactment of this rule was stalled proceeding.
by a Texas District Court judge issuing a There are indications that if the injunc
nationwide injunction in November. Then tion is appealed, it will never formally be
President Trump paused, via a presidential entered into the Federal Register and thus
memorandum, all proposed federal it will never be implemented. It is quite
regulations that had not yet taken effect. possible that the current administration
Does that mean that the FLSA Overtime will bring forward their own overtime rule
Rule is dead? which would favor employers more than the
What about other new or proposed current one.
employment regulations that might impact The bottom line is that funeral business
funeral business owners? For employers, operators do not have to currently comply
the environment under which they try to with the rule but should be aware that
operate a business is often caught up in the revisions to overtime regulations may be
ever-changing waves of new employment forthcoming.
laws or regulations at both the state and
federal levels. Working Families Flexibility Act
At mid-way through 2017, let us take While the FSLA Overtime Rule has
a closer look at some of these critical languished in the appeals court, the House
employment regulations and laws in an of Representatives passed the Working
effort to help funeral business operators Families Flexibility Act, now under review
understand how to effectively navigate by the Senate. Whether it will pass the
these issues. Senate is questionable at this point.
However, should it pass, this act would
Status of the FSLA Overtime Rule allow employers to offer employees
First and foremost, the FSLA Overtime compensatory (comp) time in lieu of
Rule is not yet dead. The Department of paid overtime. Further, the act gives the
Justice, on behalf of the Department of employer the discretion of whether to
Labor, filed a request for an expedited provide the employee the comp time
appeal with the U.S. Circuit Court of versus the paid overtime.
Appeals for the 5th Circuit on December The big question stems from whether
1, 2016. or not the employer can defer providing
Since then, the DOL has requested employees their earned comp time for a
and been granted two extensions of the significant period of time.
to page 44
42 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
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46 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
HUMAN RESOURCES
In one case, as I attempted to address this common complaint, the employee was asked
what evidence or experiences she might have had that would cause her to feel that her manager
did not like her. Much to my surprise, the employee quickly produced several screenshots
of her managers Facebook account, where he had created a series of posts expressing how weak
his team was and saying that he wished he could fire them allif HR would only let me.
might have had that would cause her to Basics of performance reviews mention verbally anything about a Family
feel that her manager did not like her. and performance feedback Medical Leave Act or active duty leave
Much to my surprise, the employee I always recommend that employees get as being a reason for less than acceptable
quickly produced several screenshots of constructive feedback in a face-to-face performance.
her managers Facebook account, where setting or via the phone or web conference, Record in any written form or
he had created a series of posts expressing when an in-person conversation is not mention verbally any Title VII protected
how weak his team was and saying that possible. class (gender, race, color, national
he wished he could fire them allif HR The written communication should origin, religion) as a reason for less than
would only let me. be prepared in advance of the meeting acceptable performance.
There are a couple of lessons here. and should be supportive of the overall Mention anything about the
One is that as a leader, all of your conversation and provide context for the individuals sexual identity or orientation.
communication, not just what is found specific observations and desired goals and
in an employee review, matters. Every next steps outlined in the feedback. Not using written communication and
where you digitally or in written form Consider a few simple dos and donts feedback effectively does cause problems.
communicate to or about your team of written reviews and feedback with your I cannot tell you the number of times this
matters. team members: scenario has played out: A manager goes
In this case, the leader not only to the HR department and says they need
simultaneously berated his team publicly Do: to fire someone who is not performing to
and threw the HR department under the Spend time preparing, and be expectations.
bus along the way, they also provided the thoughtful about the words you use and Upon pulling up the employees last
confirming evidence the employee needed what they communicate to the reader performance review (which the manager
to lodge a formal complaint. Clearly articulate each goal/ wrote a few months or weeks ago), it is all
Secondly, while there may have performance standard and factually too common for the HR department to find
been some real issues with personnel in articulate how the employees performance that false praise or a lack of constructive
the department, beyond making a few compares to that goal. feedback prevents any action from being
Facebook posts, the manager had not Care enough to be genuine. Use taken.
properly addressed and documented the praise, but only if you really mean it. If a conflict-avoiding manager indicates
weaknesses or poor performance of his Positive feedback is important and that the employee meets expectations on
team members. affirming, but if in fact it was not the performance review (I call this pencil-
Therefore, barring some major incident, warranted, it can become a problem whipping a performance review) instead of
there was no real basis for letting any of later when you are trying to correct giving the employee feedback indicating that
the managers employees goor even for performance. their performance was lacking, terminating
taking corrective action such as imple Make goals SMART: becomes much more challenging to defend.
menting a performance improvement plan. Specific, significant, stretching Bad communication or a lack of
Proper written communication with Measurable, meaningful, motivational feedback can keep team members from
your team members is vital and goes well Agreed upon reaching their full potential, becoming a
beyond the annual performance review. Relevant lost opportunity for the organization.
So, what is good written communication? Timely Maya Angelou said, I have learned that
First and foremost, written commu people will forget about what you said,
nication is by its very nature intended to Dont: people will forget what you did, but people
be more thoughtful and deliberate than Add subjective reasons for the poor will never forget how you made them
extemporaneous verbal communication. performance such as, Johnny does not feel. Being a leader is an opportunity to
It should be used either to document like to use Word, and that is why he often support, develop and motivate others to
your affirming or constructive observations misses obituary deadlines. Inferring bring out their best.
about a team members performance or motivation is subjective and can lead to Care enough about your role as a leader
to give clear specific direction about an real challenges in trying to correct the to invest time in well-thought-out written
opportunity for improvement or to provide behavior. The fact is that the obituaries are communication. Your words will last
a course correction in employee behavior late. Address that fact and ask Johnny to forever, and so will their impact, positive
when needed. help you understand the reasons. or negative, on the people you have been
Record in any written form or entrusted to serve and lead. r
I
and funeral homes.
He has been involved with the ICCFA f you go on a diet, your weight is a something on commission also make them
since 1978 and has served in all officer lagging indicator of what you ate. The less willing to comply with procedures than,
positions, including president in 2000-
scale is merely a reflection of the eating say, an accountant.
2001. In 2014, he was inducted into the
ICCFA Hall of Fame.
that preceded it. Its precisely the same with Thats why The System is geared for the
sales. average performer. We need our salespeoples
go@garyosullivan.com We cant manage sales volume, we can participation in our methods and procedures
OSullivan is president of only manage that activity that will create to keep track of their activity and impact it
Gary OSullivan Co., Winter it. Since we cant be involved in all of a positively.
Garden, Florida, a consult- salespersons interactions, we are effectively To achieve this, we need to know the
ing firm specializing in the trying to manage the invisible. No one hears total amount of each of our main activity
cemetery and funeral profes-
a salespersons actual presentation but the categories that will be required to meet our
sion. He works with clients in
client. sales budget:
the areas of leadership and management
development, service and sales processes But we do have some control over the number of prospecting hours,
and corporate culture. quality and quantity of the appointment, number of appointments,
www.garyosullivan.com because it is directly related to the efficiency number of complete presentations,
twitter.com/GOgaryosullivan and effectiveness of the prospecting activity number of sales and
facebook.com/garyosullivancompany that was used to secure that appointment. the average sale amount.
linkedin.com/in/garyosullivancompany We have expectations of each depart We call these numbers secret numbers
His experience began at 18 years of age ment in any business. Accounting and because unless you put pencil to paper,
selling cemetery property door-to-door and administration have processes that everyone you dont know them. We know lots of
includes leading a national sales organiza- follows. For example, isnt there a method sales organizations that have sales volume
tion and then forming his own consulting and administrative tracking to process a requirements, but we know few that know the
and speaking company in 2001. check? Dont we expect great precision when amount of activity necessary to attain them.
In 2014, OSullivan received the first entering file information? Its the same with We calculate these same numbers for each
ever Lasting Impact Award from the ICCFA operations. Dont we have expectations as to salesperson, as well as for the department as
Educational Foundation, in recognition when and how something is to be done? a whole. We add up those individual secret
of the significant educational contribution Whether its dealing with accounts numbers and if the total does not equal the
he has made to the profession. In 2009, receivable or handing a grave opening and amount needed for the company to reach
the ICCFA presented OSullivan with an closing, having a process that everyone budget, we hire more salespeople until the
honorary doctorate for his 20 years of con- follows means that results will be more numbers add up.
secutive participation in ICCFA University, controllable, predictable and repeatable. In Keep in mind that you can only get so
where he is dean of the J. Asher Neel Col-
fact, we can predict in advance how many much effort from each person. Setting sales
lege of Sales & Marketing.
people we need in each department and what volume requirements that cannot possibly be
More from this author they should be doing. met by the number of salespeople you have is
OSullivan is dean of ICCFA We have found that in sales departments, pointless.
Universitys J. Asher Neel College of management accepts a much lower level The System starts with tracking daily
Sales & Marketing. The next session will be of compliance than in other departments. activity. The scripts, online courses, client
July 20-25, 2018, at the Fogelman Confer- This is partly due to the personality traits materials and all the collateral support
ence Center, Memphis, Tennessee. of the people who go into sales. The same materials were created to make prospecting
personality traits that allow someone to talk and selling activities efficient and effective.
to people they dont know and sell them You cant expect salespeople to just
48 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
Free Them
know how to prospect, present and close for sales of $15,000 per week. The first Now we have finally arrived at the
the sale. Youve got to give them the thing to calculate is your average sale. beginning: prospecting hours. All activity
tools to succeed, tell them what the daily Once you have that number, then divide it starts with prospecting hours. How long
activity expectations are and track their by your weekly sales plan. does it takes to make an appointment?
resultsdaily. For example, if your average sale is There are lots of ways to measure this
$2,500 and your sales budget is $15,000 initial activity, but keep in mind that no
The discovery per week, you now know that you need six prospecting means no appointments, no
When we first realized we would have sales each week (6 x $2,500) to make your appointments means no presentations, which
to track activity to understand the sales budget. means no sales unless a client walks in.
process, we made an interesting discovery. Lets assume that youll make one
When we asked salespeople how much $15,000 weekly sales budget appointment per hour of prospecting.
time they spent each day prospecting Divided by $2,500 average sale amount We learned above that we need 30
(talking with people with the direct purpose Equals 6 sales per week appointments to reach our budget. This
of setting an appointment), they would give means that we need to schedule at least 30
us a numbersay, eight hours a week. Next figure out how many complete hours of prospecting each week to reach a
When we started tracking their daily preneed presentations it takes to make a $15,000 budget. If each person prospects
prospecting efforts, we found that, almost sale. If you really dont know, you can use 10 hours per week, we need at least three
without exception, they actually were doing a 33 percent to 40 percent closing rate. people to reach our budget.
about half the amount of prospecting they Side note: if you do not have an active This number of people may not be
thought they were doing. sales program, you may have order-takers. suitable or affordable at this budget. You
Then we asked them, What is the In this case, their closing rate could be may need to improve your average sale
purpose of prospecting? The responses much higher than 40 percent, because they or be more efficient in your prospecting.
varied from, Because they make me, to are mostly responding to direct inquiries (Once you know these secret numbers
To try to set some appointments. from potential clients. you can use the resources of The System
Then we asked, Some appointments Lets say that you make 10 presenta to improve an individuals skill sets, from
what does that mean? The responses tions per week and close 40 percent of prospecting to closing.)
varied, of course, but most said something them at $2,500 each sale. This means that
like, As many as we can. your sales per week should be $10,000 What else do the secret numbers
Prospecting without specific goals and (10 presentations resulted in four sales tell you?
an accountability process to measure and x $2,500 = $10,000). If your budget is We have learned over the many years,
drive those goals doesnt work. $15,000, you need more activity. working with different companies and
The math shows that we need six sales tracking thousands and thousands of daily
The secret numbers at $2,500 each week to reach $15,000. prospecting hours and activities, that for the
As we mentioned earlier, a sales manager How can you achieve six sales a week? most part, you will only be able to get the
cannot see what their salespeople are doing Lets look at our remaining activities: average salesperson to prospect, as we have
every hour of every day. Yet the manager number of appointments and prospecting defined it, 10 hours a week.
is responsible for their salespeoples hours. Now that you know your average The over-achievers will prospect 12 to15
preneed sales volume. sale and your closing rate, you need to hours a week, but those are the few, not
Therefore, a sales manager must learn figure out how many appointments it takes the many. So, lets use 10 hours a week per
how to manage what needs to be done to to get a one full presentation. salesperson as our model.
achieve that volume, activity that, for the Generally, half of your appointments If you need 30 hours a week, you will
most part, is currently invisible to them. are no-shows, cancellations or resets. need at least three salespeople. If you need
Tracking activity allows you to create the If it takes 20 appointments to get 10 60 hours of prospecting, you will need at
secret numbers you need. presentations (50 percent no-show rate) least six salespeople. You cant get two
We understand that some managers to get four sales (40 percent closing rate), people to produce 30 hours of prospecting
reading this article may not be able to then you know it will take 30 appointments every week, or four people to prospect
dictate their sales teams hourly activities, to get 15 presentations to get six sales 60 hoursat least not effectively and
but many of you can. per week (15 presentations x 40 percent efficiently.
The five activities we track every day closing rate = 6 sales) to make your sales Making the companys secret numbers
are: budget of $15,000. add up is not the individual salespersons
prospecting hours (sometimes problem, its the sales managers.
contacts), 30 appointments Not only does the secret number tell you
appointments set, Times 50% no-show rate how many hours of prospecting are required
presentations given, Equals 15 presentations to get the number of appointments and
number of sales closed and Times 40% closing rate then the number of complete presentations
Equals 6 sales per week
average sale in dollars. needed, it also tells you how many
Times $2,500 average sale amount
Lets look at some numbers. Lets salespeople you need. Which usually means
Equals $15,000 sales budget
assume that your preneed sales plan calls at least one fulltime, well-trained person for
50 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
preneed sales success
each 10 hours of prospecting. Using our example, you need 30 hours potential client is entered and another
Even if you have people who are pros of prospecting to achieve your sales goal salesperson is just as likely to make a sale
pecting more than 10 hours a week, its best of $15,000. If at the end of the week you as the one who set the appointment. This is
to calculate only 10 hours/10 appointments only achieved 79 percent of your needed very good news!
per person when figuring how many prospecting hours, more often than not, The bottom line is this: Assuming
salespeople you will need. Over a 52-week your sales volume for that week will be your sales team is adequately trained
period, Joe will have a grandchild, Sallys between 76 to 82 percent of budget. on prospecting and making a proper
car will break down, Sofie is moving to the Why? Because instead of reaching your preneed presentation, if you meet your
West Coast, etc., etc. No sales organization 30 hours of prospecting, at 79 percent you secret numbers (the needed amount of
is static. Building in some time off and would have only achieved about 24 hours, prospecting and proper number of valid
turnover will keep your organization falling six hours short. Six hours equals appointments set), you will reach your
healthy and up to the challenge of reaching 20 percent of your needed prospecting. sales goals, week in and week out.
your budget. As a rule, if you are short 20 percent in Why? Because you have learned the
prospecting, you will be 20 percent low secret to sales management success:
The secret numbers of success on your volume. In this case, your sales Having enough people doing the right
Here is one last interesting discovery. Its volume should be about $12,000, or 80 things at the right time and holding
a secret David has found in his personal percent of $15,000. people accountable to their daily preneed
businesses and Gary has witnessed in the That is why we teach sales managers activities and the results of those activities.
companies he works with in his consulting not to focus on the volume; focus on the When this is accomplished, your weekly
practice. activity that creates the volume. sales volume goals are achieved.
When the prospecting hours are Even better, when an organization Within The Systems accountability
correctly defined and properly reported, ensures proper prospecting, it simply process there are lots of ways to ensure
this is what we find: The percentage of doesnt matter whether the salesperson that the information is correct. To find out
prospecting hours you achieve will be who booked the appointment is available more, visit www.thesystemuniversity.com
within plus or minus of about 5 percent of to make the presentation. If you use a or contact us at info@thesystemuniversity.
your sales results. CRM system, the information about the com. r
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Cemetery Impossible
author spotlight
Isard is president
of The Foresight
Companies LLC, a Phoenix-based
business and management consult-
ing firm specializing in mergers and
How can you tell if a cemetery is priced right?
acquisitions, valuations, accounting, Dear Cemetery Impossible,
financing and customer surveys. I own a small cemetery in a two-cemetery
He is the author of several books, town. The other cemetery is larger, and I am
and frequently speaks at industry very familiar with it. About a decade ago, it
conventions. was bought by someone and then acquired by
another company, then was acquired by another buying inventory. You can no longer purchase
More from this author
company, and so on. this as land, as it has a very limited use. Its only
Educational information, including I asked the current manager of the property to
copies of this article, can be found at use is for the stewardship of deceased human
let me know if his company ever wants to sell it. beings via burial, inurnment or mausoleum
www.theforesightcompanies.com
Well, I recently received an offering memo, with entombment.
You can follow Isard on Twitter at financial data, from the company. It turns out that Some people think of the value in simple
@f4sight, LinkedIn and like The they own hundreds of cemeteries and funeral terms. For example, each acre can accept the
Foresight Companies on Facebook. homes. burial of 1,000 bodies and the sale price of each
I thought the asking price looked reasonable, interment right is $X, so the value is 1,000 times
Editors note: The Cemetery so I took it to my accountant and lawyer. They $X times the quantity of acres.
Impossible column is written by the both agreed that it was a great deal. I then took However, this is not the present value of
staff of The Foresight Companies. it to my banker and he said he will finance it at this business. This might be a way to look
If you have a question you want that price. So, if three people who know nothing
to be featured in this column, at the future value, but not the value today.
about the cemetery business tell me it is a good The value today is a multiple of the EBITDA
please send it to danisard@
deal, my intuition is that I should get you to (earnings before interest, tax, depreciation and
theforesightcompanies.com. Dan
weigh in before I make a big mistake. amortization) of the business.
Isard or a member of his staff will
call you to get more information The property has 20 undeveloped acres which If you have 20 acres of land and only develop
and a recommendation will be they value at $150,000 apiece. The business has burial inventory, that results in about 20,000 to
provided via this column, helping had earnings of about $200,000 and it is run lean. 24,000 total burials. If you develop inventory
not only you but also others who They do about 200 sales a year (advance and at- blending crypts, niches and burial options, the
are facing similar challenges. need). The seller wants $2.2 million. total development could be 100,000 interment
What is it that I dont know, that you do, sites or more.
before I sign to buy it? If there are 200 sales a year, it will take about
Looks too good to be true in Titusville five years to fill one acre, and therefore, there
is at least 100 years of inventory. That means it
Dear good-looking, will take at least 100 years to actualize this future
I have created a number of catch phrases over value. The cemetery business involves making
my career, one of which is, You dont make decisions to start something today that wont be
money when you sell a business, you make it completed for several generations.
when you buy a business. If you pay too much, My second concern is the multiple of
you can go broke. Even if you overpay a little EBITDA they expect you to pay. We use
bit, all your profits will be essentially given to EBITDA as a threshold of value because it
the seller. Therefore, it is critical to pay what allows us to compare dissimilar businesses to
something is worth, or less. each other. We use it many ways. In this case, we
Looking at this limited data, I have four major are using it two ways.
concerns. The first one involves semantics. One reference to EBITDA is a result of
Your letter and the offering memo include the operations. They told you the EBITDA is
misplaced perception that this is land. It is not. It $200,000. This is neither good nor bad as it is
was land at one time. Once land is consecrated stated; it is a number. However, this number
as a cemetery, it goes from being land to being is relative to the sale price. Assuming their
inventory. computation of EBITDA is correct, a $2.2
You would not be buying land; you would be million sale price divided by EBITDA of
52 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
MANAGEMENT/FINANCIAL
$200,000 is an 11 times multiple. That will vary, depending on your credit loans, but a cemetery loan is a loan on the
I hate rules of thumb for valuation rating and the banks desire to make you a business of the cemetery. It typically cannot
methods, but I do refer to them. Cemeteries loan on this type of business. be secured by the land, since it is inventory.
sell for a multiple of EBITDA. In the Assuming you borrow the full amount Furthermore, it often cannot be secured
majority of cases, this range is between four from a lender and/or investors, your annual by the inventory. The bank would need to
and eight times EBITDA. Knowing why principal and interest (P&I) payment will have a mortgage on each interment right. If
there is a such a huge difference from the low be about $140,000. You have $200,000 of that were the case, every time you made a
of four to the high of eight times EBITDA EBITDA and $140,000 of P&I. You have sale, you would have to have the bank release
is what an expert analysis provides. Your enough cash flow to pay the loan and income their interest on that one plot. That would be
attorney and accountant have no knowledge taxes. expensive and time-consuming.
in this matter. The ratio of the EBITDA to P&I is called Your last question concerns the fear of
I didnt publish your town information a debt coverage ratio (DCX). The DCX in dealing with a big company. I have done
and I did look at this site online. I will tell you this case is about 1.40. Anything above 1.35 more than 500 transactions with large funeral
this business is probably a six- to seven-times is usually a good loan. The relationship of the or cemetery acquisition companies. I have
multiple. Therefore, the value is between $1.2 EBITDA to our conclusion of value to the bought businesses they were divesting and
million and $1.4 million. P&I is in harmony. sold them client businesses they wanted to
A deeper study in their operations, types However, if the value was $2.2 million, a acquire.
of sales, types of remaining inventory and loan payment would be more than $230,000. Large companies are very proficient at
overall care of the property would be useful That is greater than the EBITDA! You can the process. They know what due diligence
to narrow this multiple down to a precise see very easily the offering price just cannot you will need and usually have excellent
number. Suffice to say that this business is be right. recordkeeping. Their people are not acting
worth $1.3 millionish. The third point you raise is the bank. out of personal gain or ego, unlike an
Their offer to sell it for $2.2 million is News flash: Banks dont like to make loans individual buying or selling a business.
aggressive. Either that, or they hope that they to cemeteries! There are two types of banks. While you should be cautious in dealing
have an uninformed fool with more money Most are asset-based lenders. If you bring with them yourself, other experts on your
than sense as a buyer. a banker $1.00 of assets, they will loan you side will help level the playing field. When it
But let us not assume I am right. Lets about $0.75. The other type is cash-flow- comes to contract points, an expert will know
look at the cash flow. As they have told you, based lenders. They make the loans I refer to the usual and customary language that an
there is $200,000 of EBITDA. Since they are above in the DCX ratio analysis. acquirer demands.
a big company and have no owners salaries There are very few cash-flow lenders. If something is good for the goose, it
or owners perquisites in the overhead, we The good news is the Small Business should be good for the gander. A large
can assume this is a real number. So, in Administration (SBA) is a cash-flow-based company should expect to concede the same
todays financial world, what can that afford lender, so you are probably looking at an points when they are a seller that they require
you in debt service? SBA loan. There are some cemetery loan as a buyer. Someone who has not done this
Of course, the timing of this article is SBA-specialty banks. before has no idea what those points should
important. If you go to the bank today for You might be wondering, Why dont be. You can spend a lot of money educating a
a fixed-rate loan for a business purchase, banks like cemetery loans? Because they new lawyer on cemetery transactions and still
you will probably pay an interest rate of 6.5 are not real estate loansthey are inventory not get a fair contract. r
percent for a 15-year loan of $1.3 million. loans. These banks can handle real estate
W
president of Stone Pan- companies throughout North America.
hen the award-winning book A els International LLC, www.coldspringgranite.com
Good Goodbye: Funeral Planning a recently acquired,
for Those Who Dont Plan to Die was n Memorial Busi-
wholly-owned subsid- ness Systems, Frank-
published in 2010, funeral service was iary of Coldspring. Stone
quite different. A lot has changed in seven Mattke lin, Tennessee, has named
Panels International is the Gerald Jenkins as CEO. He
years, and author Gail Rubin, Certified Texas-based producer of the universally
Thanatologist, wants funeral director input has installed MBS systems
recognized StoneLite solution for interior in 45 states and provided
for updates to the second edition. and exterior building cladding. Mattke
When A Good Goodbye first came thousands of clients with
joined Coldspring in 1994 and held various training and support. He will
Jenkins
out, the national cremation rate was management positions before being named
still under 50 percent, death discussion retain his responsibilities for managing
president and COO in 2004. Throughout training and support services and assume
movements like the his career, Mattke has been instrumental
Death Caf and Death the additional responsibilities for sales
in developing and implementing strategic and personnel management. Jenkins was
Over Dinner had not changes and improvements throughout
yet started and the educated at Florida and Sheridan Techni-
Coldspring, including the relocation and cal Colleges in Florida and spent his earlier
term celebration of development of the companys state-of-
life was rarely used. years as a computer systems integrator
the-art foundry in 1998. He directed the before moving into the training and support
Weve seen many strategic relocation and consolidation of
funeral business area. Jenkins joined the MBS team in 1994
all Cold Spring, Minnesota, operations and promptly became its managing director
changes over the past and corporate offices into one location at
seven years, and the of training and support. 1.800.844.4447;
the companys new LEED-gold certified www.mbs-intl.com
second edition of the book will reflect those headquarters in 2007.
developments, said Rubin. Based on market input, Mattke led the n national mortuary ship-
Consider the advice youd give as a strategic rebranding of the company in ping, Cleveland, Ohio, has launched its
funeral director if you were chatting with 2013, bringing all divisions and brands new NMS Mobile app. The app allows
a friend over a cup of coffee or a glass of under the single masterbrand of Coldspring funeral directors around the globe to give
wine, Rubin suggested. What would you from the former Cold Spring Granite, to new death calls, receive price quotes and set
want that person to know? better reflect the companys broad product up prearranged shipping and cremation calls
Possible topics to weigh in on: offerings. more easily than ever. The app is available
The impact of technological develop As a past board member of the for Apple and Android devices, in both
ments: mobile phones, online videos, Natural Stone Council, Mattke played an English and Spanish.
communications apps, webcasting, crowd instrumental role in the stone industrys www.natlmortuaryshipping.com
sourcing, website changes and online recent adoption of a sustainability n Funeral Vision, Columbus, Ohio,
collaboration for distant family members to standard for stone, known as ANSI/NSC is a new app for the iPhone that provides
participate in funeral planning. 373 Sustainable Production of Natural private live streaming of funeral services.
How you reach out to your community Dimension Stone. Mattke led Coldspring Funeral homes that buy the service will set
to encourage preneed funeral planning. to achieve ANSI/NSC 373 certification in up equipment provided by Funeral Vision,
Your responses to religious and cultural 2016. input information into the interface to keep
changes: cremation and religious traditions, Mattke will move it secure and press record. People who
a rise in multicultural populations and those to Marble Falls, Texas, cannot attend the service will be able to
who identify as spiritual but not religious. where the production of download the app and then use it not only
The growth of pet loss businesses and StoneLite has been moved, to view services but also to make donations,
the use of therapy dogs in funeral homes. and will provide ongoing leave condolences and even send flowers to
Ways your funeral home is addressing guidance and support to the family. The company is offering demos
the rising cremation rate. Greg Flint, Coldsprings to funeral homes. 850.425.1340
Those who provide quotes and sugges incoming president and www.FuneralVisionUSA.com
tions may be featured in the second edition COO, and the Coldspring Flint
of A Good Goodbye, slated for release n passare, San Francisco, California,
executive team as he assumes a new role has announced its integration with Con-
in the fall of 2017. The ebook version will as a member of the Coldspring Board of
feature links to contributors websites. solidated Funeral Services, Boston, Mas-
Directors. sachusetts, a provider of custom websites
Email Gail@AGoodGoodbye.com or Tim Freidel will assume the role of
call 505.265.7215 to arrange an interview. for funeral homes. Passare is now able to
executive vice president, responsible for send information such as the obituary, ser-
www.AGoodGoodbye.com r sales, marketing and business development vice dates and times, types of services and
for Stone Panels -nternational, where he much more directly to CFS websites with
54 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
S U P P LY L I N E
just one click, said Passare Vice President childs stick figure drawing.
and Chief Product Officer Chris Baber. A wide variety of jewelry pieces
Passare launched its collaboration platform can be customized in this way. Each of
in 2014 to help funeral homes and families these jewelry options can be ordered in
connect and collaborate in an interactive, different metals, including stainless steel,
online environment designed to simplify the sterling silver, gold-plated, 14K white and
funeral planning process. The collaborative yellow gold and platinum. Many items New Memorials Directs handwriting
platform is also a fully functioning funeral also come in remains-holding cremation jewelry.
administration system built on a web-based jewelry styles. The turn-around time for
platform, which is accessible anytime, any- handwriting jewelry is 24 hours.
where, from any Internet-connected device. 1.877.995.8767;
With Passares integration with CFS, service@newmemorialsdirect.com;
funeral directors can send the data gath- www.newmemorialsdirect.com
ered on a case, such as the obituary, vital n Evatech, Tampa, Florida, has in-
statistics, and funeral options, straight to troduced its most advanced intelligence
the funeral homes CFS website. The inte- mobile systems (AIMS). The systems
gration will allow for a single point of data can be used in mowing, sand-blasting or
entry, eliminating the need to reenter data other repetitive or dangerous tasks. AIMS
that is already available on Passare. has long-term and short-term memory, the
925.968.9495; www.passare.com ability to learn new patterns and skills, a
An Evatech mower at work using
n Sich Casket, Ningbo, China, is good sense of direction and sonar and can
advanced intelligence mobile systems
giving away a casket every month in a be installed in any of the companys units. It technology.
Year of the Funeral Director drawing. can be upgraded to GPS.
The second winner, Todd Schrag, a funeral 727.643.7242; sales@evatech.net;
director at Roper and Sons Funeral Home in www.evatech.net READERS: To find the products and ser-
Lincoln, Nebraska, received the companys n aftercare.com, Clinton, North vices you need online, go to
McKenzie Sangria solid Paulowina hard- Carolina, has made its aftercare card pro- www.iccfa.com for the Supply
wood casket with a rosetan crepe interior. gram available in Spanish. Funeral homes Link Search Engine, the fastest
Information about entering the drawings is and cemeteries can now enroll a family way to find the products and
available on the companys website. and choose to send the Spanish version the services you need at your funeral home,
1.888.317.1929; www.SichCasket.com companys cards and survey. cemetery or crematory.
n new Memorials Direct, Gig With growing Latino communities, SUPPLIERS: Send your press releases
Harbor, Washington, has introduced having this available makes it easier to stay about your new products and services, and
handwriting jewelry to their line of per- in touch with all families during that first about awards, personnel changes and other
sonalized keepsakes. Families can choose year following the loss of a loved one, news to sloving@iccfa.com for inclusion in
from a signature, line drawing, short note, said Ellery Bowker, the founder of Supply Line.
a saying or any other personalized hand- Aftercare.com.
writing, from a note from grandma to a 1.800.721.7097; www.aftercare.com r
n Park Lawn Corp., Toronto, Ontario, management expects Saber to generate ap- tions, sales and marketing efforts at Sabers
has entered into a definitive agreement to proximately $21 million of revenue and $5.3 locations will continue to be actively man-
acquire Saber Management LLC. The million in EBITDA. aged by Sabers existing team.
acquisition of Saber presents an exciting If Saber achieves the financial hurdles Park Lawn Corp. and its subsidiaries
opportunity for Park Lawn, said Park Lawn necessary for the payment of the additional own and operate 65 businesses, including
Chairman and CEO Andrew Clark.The consideration, the purchase price multiple cemeteries, crematoria, funeral homes, cha-
acquisition is in line with our communicated will be approximately 8.5 times Sabers pels, planning offices and a transfer service.
growth strategy and significantly increases EBITDA. The company operates in Ontario, Quebec,
our footprint and presence in the U.S. Significantly increases the number of Manitoba, Saskatchewan, British Columbia
market. Completion of the acquisition is cemeteries in the companys portfolio, adds and Michigan.
expected to occur on or about September 30, funeral home assets into the U.S. operations n St. Michaels Cemetery,
2017, subject to the satisfaction or waiver of and geographically diversifies the companys Queens, New York, this year introduced
certain closing conditions, including, among U.S. operations. an esssay competition to its annual 9/11
other things, third-party consents and approv- Going forward, Sabers management commemoration. The competition is open to
als. Acquisition highlights: will join Park Lawns existing U.S. manage- all schoolchildren, with winners to be chosen
Continues to accelerate PLCs growth ment team. by three independent judges in two catego-
strategy, while increasing its scale in the Saber owns and operates 19 cemeteries ries: elementary and junior/intermediate high
U.S. market. and four funeral homes in Kentucky, Illinois school. The prizes will be $250 for first place,
Significantly increases PLCs revenue, and Texas. Saber was established in 1998 by $150 for second and $100 for third. Essays
while providing a business platform with David Sullivan (CEO and majority owner), are to be on the theme, What it means to be
strong operating margins. In the first full who brings more than 40 years of industry an American.
year of operations following closing, PLC experience with him. The day-to-day opera-
56 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
U P D AT E
Clark County Veterans Council and Spring- I die festival in Albuquerque, New
field mayor Warren Copeland addressed the Mexico. Event coordinator Gail Rubin, A
crowd. H. Eugene Doak Walker, Detach- Good Goodbye, described the festival as a
ment 963 of the Marine Corps League, posted great opportunity for sponsors to reach baby
and retired the colors. boomers. The festival includes the Prelude
Ferncliff is honored to pay tribute to to eternity festival kick-off party with
fallen military service men and women who Death Over Dinner discussions; a panel of
sacrificed so much for our country, said local funeral directors discussing What you
Ferncliff Superintendent Stan Spitler. need to know before you go; daily Death
n Oasis Albuquerque and the Os- Cafe discussions at various settings around
The floating lantern ceremony at Fern- town; a tour of historic Fairview Cemetery;
cliff Cemetery, Arboretum and Crema- her Lifelong Learning Insti-
tute are co-sponsoring the first Before panel discussion on Making plans to live
tory, part of the cemeterys Memorial
Day activities.
n Ferncliff Cemetery, Ar-
boretum and Crematory,
Springfield, Ohio, dedicated Memorial
Day weekend to fallen soldiers and all
who have died. Ceremonies and activi-
ties brought together families, community
members, military and religious dignitaries
and government officials. During Sundays
fifth annual floating lantern ceremony,
families inscribed personal messages to their
deceased loved ones on candle lanterns,
and when night fell they released them onto
the pond at Ferncliff. Inspirational words
were shared by Mandy Sanders, associate
pastor of New Hope Church in Springfield,
and participants had time to remember and
reflect. Refreshments were served and raffle
prizes, including a TV and a girls and a
boys bicycle, were awarded.
A parade marked Memorial Day, followed
by Clark Countys Veterans Honor Service at
the cemeterys War Memorial. The cemetery
is the final resting place of more than 5,000
military personnel, dating back to 1863.
Chaplain Jim Stewart, Jon Stewart of the
In memoriam
Philip Kaplan
Philip Kaplan, 76, of
Boynton Beach, Florida,
the former owner of
Parsky Memorial Chapel in Rochester,
New York, and a longtime Jewish
Funeral Directors Association
member, died June 8, 2017.
He survived by his wife of 53 years,
Sheila; a son and daughter; and three
grandchildren.
A memorial service was held at Beth
Israel Memorial Chapel, Boynton Beach.
Memorial contributions may be made to
a charity of the donors choice. r
n Mount Auburn Cemetery, , The suites contain both vocal and instru-
Cambridge, Massachusetts, has inspired mental works. Of the voice-based pieces, all
an album of 12 original compositions by but one are musical settings of poems written
the cemeterys artist-in-residence, Mary by poets buried at Mount Auburn Cemetery
Bichner. Bichner is an orchestral composer (Maria White Lowell, James Russell Lowell,
with the music superpowers of perfect pitch Frances Sargent Osgood, and Henry Wads
and synesthesia (a condition that causes her worth Longfellow). The remaining vocal
to see splashes of specific colors when she work is a musical setting of a poem by Emily
hears their corresponding pitches sounded). Dickinson who, while not buried at Mount
Her compositions were inspired by Mount Auburn, is classified by the archives depart-
Auburn Cemeterys breathtaking landscape ment as one of the cemeterys notable visitors.
and landmarks. She used her sound-to-color In January 2017, the works were recorded
synesthesia to select the musical components by a 19-piece chamber orchestra at WGBH
that best match the natural color palette of Studios of Boston, Massachusetts, and were
each location at different times of year. The released online as a digital album on June 3,
The album inspired by Mount Auburn
Cemetery, created by the cemeterys
finished collection consists of a six-movement 2017. The tracks are also featured in Mount
artist-in-residence. Spring Suite and a six-movement Autumn Auburns new mobile app, so that visitors to
Suite that, when played in order, also takes the cemetery will be able to experience the
place over the course of a single day. music in the setting that inspired it. r
well until we die on medical care and of funeral service/mortuary science educa- Community and Technical College, Cumber-
end-of-life issues; a yoga class, From child tion programs. Granted reaccreditation for land, Kentucky; and Bishop State Commu-
pose to corpse pose: Life, death, yoga and seven years were the programs at Community nity College, Mobile, Alabama.
spirituality; movie matinees at the Guild College of Baltimore County, Catonsville, n The Pennsylvania Funeral
Theater, featuring The Seventh Seal and Maryland; Fayetteville Technical Community Directors Association, Harris-
Harold and Maude; Earth, air, fire & College, Fayetteville, North Carolina; and burg, Pennsylvania, installed its 2017-2018
water: A celebration of cremation and art, Mt. Hood Community College, Gresham, officers at its recent convention. They are:
with local artists selling their works in ce- Oregon. Renewal of accreditation was de- President Deron K. Youse, supervisor of the
ramics, paper and other media; and Day of ferred at Northwest Mississippi Community Ludwick Funeral Homes Inc. facility in Kutz-
the Dead educational events at the National College, Southhaven, Mississippi, pending a town; President-elect Stephanie Doriguzzi,
Hispanic Cultural Center. focus visit to verify that newly implemented supervisor at the Patrick T. Lanigan Funeral
n Phaneuf Funeral Homes and recordkeeping and assessment plans are in Home, Fredericktown; and Secretary-Trea-
Crematorium , Manchester, New compliance with accreditation standards. surer David V. Peake Jr., supervisor of Craft
Hampshire, recently received the 2017 The following accredited programs were Funeral Home of Edenheim, owned by Rob-
Torch Award for Marketplace Ethics. The placed on probation for failure to com- ert L. Mannal Funeral Home, Philadelphia.
Better Business Bureau in New Hampshire ply with the standard requiring a national
licensing examination pass rate of at least n The Iowa Funeral Directors
each year presents the award to recognize Association, West Des Moines, Iowa,
businesses and organizations that maintain a 60 percent: Holmes Community College,
Ridgeland, Mississippi; Southeast Kentucky installed its 2017-2018 officers at its recent
solid commitment to conducting their busi- convention. They are: President David M.
ness practices in an ethical fashion. Phaneuf Technical and Community College, Cumber-
land, Kentucky; SUNY-Canton, Canton, New Fry, Fry Funeral Home, Tipton; President-
won in the Medium-Sized Business category. elect William J. Armstrong, Armstrong
We are honored and humbled to be one of York; and Vincennes University, Vincennes,
Indiana. Ivy Tech Community College-North- Funeral Homes, Mount Ayr; Secretary-Trea-
this years winners, and to be in the company surer Charles J. Yoder, Yoder-Powell Funeral
of the many great businesses who have won west, East Chicago, Illinois, was returned to
full accreditation status after satisfying proba- Home, Kalona; and Immediate Past Presi-
this award, said company President Buddy dent Patrick A. Leonard, Leonard Funeral
Phaneuf. In an industry that serves people tion requirements.
One-year candidacy was approved for pro- Home & Crematory, Dubuque. Members of
at their most vulnerable, ethics is a critical the IFDA Board of Governors are Ryan G.
component of success. grams at Northeast Texas Community Col-
lege, Mount Pleasant, Texas; and University Tucker, Kaiser-Corson Funeral Homes, Den-
Phaneuf has been serving the public since ver; Jacob Wittrock, Stewart Baxter Funeral
1906 and operates three full-service funeral of District of Columbia Community College,
Washington, D.C. & Memorial Services, Cedar Rapids; Paul A.
homes, two crematories, two non-denomina- Fouts, Fouts Funeral Home, Woodbine; Justin
tional chapels and a cremation society. The following programs will teach-out
existing students and cease to offer the cur- Rasmusson, Rasmusson-Bacon Funeral
n The American Board of Fu- rently accredited program by the end of 2017: Home, Nevada; Andy Joyce, Joyce Funeral
neral Service Education, Wood- Mississippi Gulf Coast Community College, Home, Emmetsburg; and James M. Fullerton,
bury Heights, New Jersey, recently took a Perkinston, Mississippi; Southeast Kentucky Fullerton Funeral Home, Mason City. r
number of actions regarding accreditation
58 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
I C C FA N E W S
s
kills in business management evolve continuously as time the seven talent problems that kill profits and, finally, accelerate
goes on. Competition grows, technology improves and cus- knowledge transfer across generations.
tomers change. These are all things that business managers Friday morning will be kicked off by the Government & Le-
and owners should pay attention to as they go about their daily gal Breakfast. The ICCFA Government & Legal Affairs Commit-
business. The ICCFA Fall Management Conference, Octo- tee members will be joined by specialists in various fields of law
ber 4-6, 2017, at the Hyatt Regency Resort & Spa in Indian and regulation. This traditional event will deliver important news
Wells, California, is the conference to attend for new insights on you can use about things that affect your business, such as taxes,
business management as you build and strengthen your business. labor law and litigation.
CEO of Smart Advantage Inc., author and Also on Friday, author of several best-sellers
consultant Jaynie L. Smith kicks the conference Dr. Chip Bell presents Wired and Danger-
off with her workshop, Think you know your ous: How your customers have changed and
#1 competitive advantage? Think again! She what to do about it. Drawn from Dr. Bells
has spent over 30 years as a consultant to busi- experience in consultations with many elite
nesses who want to differentiate themselves and service-providing companies, this presentation
have an advantage over their competition. will be energetic and powerful, featuring Dr.
Based off her best-selling book, Creating Bells ground-breaking customer research. Bell
Smith
Competitive Advantage, Smith uses first-hand According to Dr. Bell, your customers have
case studies for her presentation as she demon- been changed forever. Anxiety created by a
strates what competitive advantage is and what it isnt. Shell tough recession and the frustration brought on by too much high-
make sure to convey what prevents companies from identifying tech service is combined with the power of voicing displeasure
their own advantage, along with the loss of profits when they fail instantly to thousands via social media platforms. Dr. Bell says
to do so. Smiths presentation is rich in content because she fo- organizations that acknowledge this emerging customer revo-
cuses on providing the framework for attendees to uncover their lution and adjust to this new type of customer will thrive, and
competitive advantage, with the end goal being to increase their those who continue to use the old methods from the past will fail.
companys customer retention and sales closing rates. The customers of today demand value, are quicker to leave,
Following the workshop, Dr. David DeLong, are vocal and expect personalized service. In 2016, customer
a leading expert on practical solutions on clos- expectations were 33 percent higher than the year before, and
ing skills gaps, presents Close the skills gap: will only rise. And because of the reach of social media, word-
Innovative talent management solutions for a of-mouth has five times the impact.
changing workforce. Dr. DeLongs presentations Dr. Bell will have you rethinking strategies and tactics, select-
are uniquely customized, with strategies to build a ing ones that change todays customer as king into tomorrows
millennial-friendly culture while developing new customer as partner.
leaders more quickly and managing changes in At the conclusion of the conference, Gary Freytag, CCFE,
DeLong
organizations to build tomorrows workforce. will present Leadership through crisis management. Lifes
He will offer solutions that are practical for most important lessons are learned during the darkest of days,
attendees so that they may evaluate talent-related risks, identify and in this workshop, participants will be immersed into a lead-
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62 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
New Members
Providing exceptional education, networking Membership applications
and legislative guidance and support to Admission to ICCFA membership normally requires a majority vote of
progressive cemetery, funeral and cremation those present and voting at any meeting of the executive committee.
professionals worldwide The names of all applicants must be published in this magazine. IC-
For information about the ICCFA and Membership CFA members objecting to an application must do so in writing to the
Go to www.iccfa.com/membership to download a benefits ICCFA executive director within 45 days of publication. In the event of
brochure and an application form. an objection, the executive committee will conduct an inquiry. If an ap-
plicant is rejected, they will be granted an appeal upon written request.
Call 1.800.645.7700 to have membership information faxed or
The decision of the Board of Directors shall be final.
mailed to you.
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For continually updated meeting listings and direct links to websites To see all industry conventions and meetings for a particular month,
for professional associations, go to www.iccfa.com. go to www.iccfa.com.
August 16-18: Cremation Assn. of North September 26-28: New Jersey State Show. www.fdsachicago.com
America 99th Annul Convention, New York Funeral Directors Assn. Annual Convention November 14-15: Casket & Funeral
City. www.cremationassociation.org & Expo, Atlantic City. www.njsfda.org Supply Assn. Fall Conf. & Trade Show,
August 20-24: New York State Funeral September 27-28: Illinois Cemetery & Indianapolis, Indiana. www.cfsaa.org
Directors Assn. Annual Convention, The Funeral Home Assn. 89th Annual Fall November 22-25: Funraire, Parc des
Saratoga Hilton & Saratoga City Center, Convention, Harrahs Casino & Hotel, Exposition du Bourget, Paris, France.
Saratoga Springs. www.nysfda.org Joliet. www.icfha.org www.salon-funeraire.com
August 21: ALPAR The World United for October 1-3: PLPA College, Miramonte 2018
Life Global Event. www.alpar.com.co Resort, Indian Wells, California. January 10-12: ICCFA Wide World
August 29-31: Celebrant training hosted www.iccfa.com of Sales Mtg., New Orleans Marriott,
by the Florida Cemetery, Cremation October 4-6: ICCFA Fall Management Louisiana. www.iccfa.com
& Funeral Assn., Lido Beach Resort, Conf., Hyatt Regency Indian Wells Resort February 22-24: California Assn. of Public
Sarasota, Florida. www.insightbooks.com & Spa, California. www.iccfa.com Cemeteries 60th Annual Conf., Embassy
September 10-13: Selected October 5: Ohio Cemetery Assn. Fall Suites, San Luis Obispo. www.capc.info
Independent Funeral Homes, Maintenance Seminar-North, Perry. April 18-21: ICCFA Annual Convention &
99th Annual Mtg., Chicago, Illinois. www.ohiocemeteryassociation.com Expo, Mandalay Bay Resort & Casino, Las
www.selectedfuneralhomes.org October 6-7: California Assn. of Public Vegas, Nevada. www.iccfa.com
September 11-12: ICCFA Arranger- Cemeteries Educational Seminar & Area June 3-6: Georgia Funeral Directors Assn.
Operator Cremation Certification, Stoney Mtg., South Lake Tahoe. www.capc.info Summer Convention, King and Prince
Creek Hotel & Conf. Center, Johnson, October 10: Ohio Cemetery Assn. Fall Beach Resort, St. Simons Island.
Iowa.www.iccfa.com Maintenance Seminar-South, Greenwood www.gfda.org
September 16-19: New York State Cemetery, Hamilton. June 5-7: Funeral Directors Assn. of
Assn. of Cemeteries Annual Fall Conf. www.ohiocemeteryassociation.com Kentucky Annual Convention, Crowne
www.nysac.com October 29-November 1: NFDA Convention Plaza Hotel & Kentucky Fair & Expo Ctr.,
September 19-22: Catholic Cemetery & Expo, MCCA Boston Convention Center, Louisville. www.fdaofky.com
Conf. 68th Annual Convention & Expo, Massachusetts. www.nfda.org July 19-25: ICCFA University, Fogelman
JW Marriott Las Vegas Resort & Spa, November 8: Funeral Directors Service Executive Center, University of Memphis,
Summerlin, Nevada. Assn. of Greater Chicago Annual Trade Memphis, Tennessee. www.iccfa.com r
www.catholiccemeteryconference.org
NEW MEMBERS
from page 63 PX Dermody Funeral Homes* Professional/Supplier
Einans at Sunset Funeral Home Hamilton, Ontario
Ebey Funeral Consulting LLC
Richland, Washington Parkland Funeral Home Mesquite, Texas
Ethernus Velorios e Servicos Funerarios Red Deer, Alberta
Funeral International Group
Ltda. R. Bernard Funeral Services Rionegro, Colombia
Fortaleza, Brazil Memphis, Tennessee
Funeralwise.com*
Franklin Ranear Jr. Affordable Funeral Roller McNutt Funeral Home Wilmette, Illinois
Service & Cremation Conway, Arizona
Heppell Funeral Planning Ltd./ Funeral
Ewing, New Jersey Sierras De Paz Results Marketing
Funerales Las Flores SA Managua, Nicaragua Victoria, British Columbia
San Salvador, El Salvador Sims Funeral Home Inc. Imperial Group
Gendron Funeral & Cremation Services Douglas, Georgia Calgary, Alberta
Fort Myers, Florida Smalls Mortuary Inc. Investors Heritage Life Insurance Co.
Gillies Funeral Chapel Mobile, Alabama Frankfort, Kentucky
Brigham City, Utah Vision Chivilcoy Kinetic Leasing Inc.
Greenlawn Funeral Home and Cemeteries Chivilcoy, Argentina Fargo, North Carolina
Bakersfield, California Voss & Sons Inc.* Servicios Exequiales Latinoamericanos
Hardesty Funeral Homes PA Seymour, Indiana SAS
Annapolis, Maryland Supia, Colombia
Professional: Pet Loss Services
Herrmann-Jones Funeral Chapel Sunwest Bank
McCook, Nebraska Compassionate Care Pet Crematory Irvine, California
Hillside Chapel Inc. Services *rejoined r
Oregon City, Oregon Rockingham, North Carolina
Hunn Black & Merritt Funeral Home Paw Prints Forever
Eufaula, Oklahoma Garnet Valley, Pennsylvania
64 ICCFA Magazine Like the ICCFA on Facebook & friend ICCFA Staff
Check the classified announcements at www.iccfa.com/employment.htm
To place a classified, contact Rick Platter, rplatter@iccfa.com Classifieds
Sales Requirements and qualifications. Funeral discounts and more. including motivating sales teams
manager, Sales experience is helpful but SCI offers advanced online to become highly productive in a
North not mandatory. training resources, career professional environment.
Augusta, SC High level of comfort using advancement opportunities in the Managing 400 calls.
SCI was computer systems within a sales largest organization in the industry, The sales manager will coach
ranked on environment. attractive benefits and a wonderful and mentor the sales counselors to
Selling Previous experience with community to serve with plenty manage leads and train the team on
Powers 50 customer relationship management of culture and personality. For customer service and satisfaction,
Best Companies to Sell For list for (CRM) systems is a plus. additional information regarding our prospecting, product knowledge,
2015! This ranking was determined High level of integrity, company, please visit our corporate sales presentations, closing skills,
by our compensation, training, dedication, and desire to succeed. site at www.sci-corp.com. product/service pricing, terms,
reputation and consumer growth. Desire to help others and earn a As used herein, SCI refers to paperwork, and interpreting sales
We are growing our sales team by competitive income. Service Corporation International guidelines.
30 percent this year to meet the Ability to work well as part of a and its affiliated companies. Help prepare yearly sales
increasing demand for our products team and independently. Equal Opportunity Employer, quotas and ensure that quotas are
and services. This opportunity Creative, outgoing and M/F/D/V achieved.
represents unlimited potential energetic. Recruit and hire sales
for income, leads, and career Comfortable with in-home sales Sales counselors.
advancement! and conducting group presentations. manager, Provide sales counselors with
This is not just a job. Its a A good driving record and valid Kansas City, proper training regarding sales
meaningful career in sales that makes drivers license. MO techniques, legal requirements and
a difference in the lives of people Solid work history. SCI was company products, policies and
we serve while providing you an Bilingual candidates are ranked on procedures.
opportunity you will love. strongly preferred. Selling Review and evaluate the sales
We are looking for a strong, This position may require the Powers teams performance.
professional sales manager for the associate to obtain and maintain 50 Best Companies to Sell For Handle personnel issues
North Augusta, South Carolina, an insurance license in any list for 2015! This ranking was concerning the sales team.
market, managing three cemeteries state in which he/she conducts determined by our compensation, Conduct and assist in the
and two funeral homes. sales. To obtain the insurance training, reputation, and consumer weekly sales meeting.
The sales managers license, the candidate must meet growth. We are growing our sales Ensure all contracts and
responsibilities will include the the requirements of Assurants team by 30% this year to meet the paperwork is completed and
following: background check process which increasing demand for our products returned accurately and in a timely
Ability to motivate individuals includes, but is not limited to, a and services. This opportunity manner.
with excellent communication skills, criminal history and credit check. represents unlimited potential Work in the field with the sales
incredible relationship-building Who we are. What we do. for income, leads, and career team.
abilities and a natural talent to lead. Were more than North Americas advancement! Requirements and Qualifications:
Managing sales professionals, largest provider of funeral, cremation This is not just a job. Its a Sales experience is helpful but
including motivating sales teams and cemetery services. We are meaningful career in sales that not mandatory.
to become highly productive in a mothers, fathers, sisters, brothers, makes a difference in the lives of High level of comfort using
professional environment. sons and daughters who are devoted people we serve while providing computer systems within a sales
The sales manager will coach to the communities where we live you an opportunity you will love. environment.
and mentor the sales counselors to and work. We are more than 20,000 We are looking for a strong, Previous experience with
manage leads and train the team on dedicated individuals who provide professional sales manager for the customer relationship management
customer service and satisfaction, caring assistance to families in need, Kansas City, MO. (CRM) systems is a plus .
prospecting, product knowledge, honor veterans and public servants The sales managers High level of integrity,
sales presentations, closing skills, and deliver lifesaving programs to responsibilities will include the dedication, and desire to succeed.
product/service pricing, terms, help keep children and seniors safe. following: Desire to help others and earn
paperwork and interpreting sales We operate under the umbrella Ability to motivate individuals a competitive income.
guidelines. of the Dignity Memorial network of with excellent communication Ability to work well as part of
Help prepare yearly sales quotas 1,800 funeral homes and cemeteries. skills, incredible relationship- a team and independently.
and ensure that quotas are achieved. Dignity Memorial providers care building abilities, and a natural Creative, outgoing and
Recruit and hire sales for more than 300,000 families each talent to lead. energetic.
counselors. year and understand the importance Managing sales professionals, to page 66
Provide sales counselors with of thoughtful, personalized
proper training regarding sales arrangements. We believe creating
techniques, legal requirements, and meaningful ways to pay tribute to a
company products, policies and loved one begins with compassion Highest Quality Memorials,
procedures. and is shaped by the understanding Lowest Delivered Price.
Review and evaluate the sales that each life is truly unique. For us, GUARANTEED!
teams performance. there is no greater responsibility than
Handle personnel issues honoring and preserving the story of
concerning the sales team. ones life.
Conduct and assist in the Benefits options:
weekly sales meeting. Health benefits (medical, dental,
Ensure all contracts and vision, life).
paperwork is completed and returned 401K Retirement Savings Plan
accurately and in a timely manner with company match.
Work in the field with the sales Vacation and sick time.
team. Tuition reimbursement.
CL ASSIFIEDS
from page 65 an insurance license in any We are mothers, fathers, sisters, Cemetery sales opportunities
state in which he/she conducts brothers, sons and daughters who Are you looking for a change?
Comfortable with in-home sales. To obtain the insurance are devoted to the communities Are you tired of all the corporate
sales and conducting group license, the candidate must meet where we live and work. We changes, lowered compensation,
presentations. the requirements of Assurants are more than 20,000 dedicated unfulfilled promises and concern
A good driving record and background check process which individuals who provide caring about your job security with your
valid drivers license. includes, but is not limited to, a assistance to families in need, honor current employer?
Solid work history. criminal history and credit check. veterans and public servants and This could be your last call!
Bilingual candidates are Who we are. What we do. deliver lifesaving programs to help The fastest-growing privately-
strongly preferred. Were more than North Americas keep children and seniors safe. owned cemetery sales company
This position may require the largest provider of funeral, We operate under the umbrella in the country, currently with 40
associate to obtain and maintain cremation and cemetery services. of the Dignity Memorial network of locations in nine states, is seeking
1,800 funeral homes and cemeteries. experienced and successful
Dignity Memorial providers care cemetery sales managers and family
for more than 300,000 families each service counselors in:
year and understand the importance Metro Baltimore, Maryland
of thoughtful, personalized Long Island, New York
arrangements. We believe creating Peoria, Illinois
meaningful ways to pay tribute to a Eureka, California
loved one begins with compassion Sherman, Texas
and is shaped by the understanding We offer:
Optimized. that each life is truly unique. For us, The highest commissions and
there is no greater responsibility than over-rides in the industry
honoring and preserving the story of No caps on income
ones life. A compensation plan that has
Benefits options: not changed in over 13 years
Health benefits (medical, An excellent benefits package
dental, vision, life). including matching 401K
401K Retirement Savings Plan The premier locations in their
with company match. markets
Vacation and sick time. An old-school sales mentality,
Tuition reimbursement. not a corporate operations mentality
Funeral discounts and more. The opportunity to be the only
SCI offers advanced on- salesperson at the location or part of
line training resources, career a sales team
advancement opportunities in the No corporate micro-
largest organization in the industry, management
attractive benefits, and a wonderful Relocation assistance
community to serve with plenty Be appreciated and earn what
TAP INTO the dynamic online supplier network of the ICCFA with the of culture and personality. For youre worth!
ICCFA Supply Link. Powered by MultiView, the ICCFA Supply Link is additional information regarding Contact Tracy Palm at
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the premier search tool for your industry. All the products and services
corporate site at www.sci-corp.com. cemeterysales@hotmail.com
you need, all within the supplier network of the associaton you trust.
As used herein, SCI refers to Those who join our team dont
Start your search at our homepage www.iccfa.com. Service Corporation International leave! They have worked for most
and its affiliated companies. of the others but have never been
Equal Opportunity Employer, happier than they are with us. You
M/F/D/V can ask any of them. r
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