09.30.09
Posted in cemetery law, cemetery management, cemetery news, cemetery publications, cemetery white paper at 11:46 pm by Administrator
http://www.bereavedconsumersprotectionact.com/?page_id=86
For 4 years now, CemOps has been warning if media and court accounts didn’t slow down, this industry would be called into question.
For 4 years now, CemOps has been offering precompliance assistance with new federal legislation to prepare cemetery companies for what was inevitable.
For 4 years now, cemetery companies have continued to ignore this help, and have continued with the ideal that Senator Dodd failed with his former bill, and no other bill would make it to the floor.
Now it has happened. Precompliance will now become more important than ever. Continuing to ignore this will be risky and ignorant on any cemetery owners part. Read the act as it is written from the above link for yourself. Lately, there continues to be issues hitting the news all over the country giving such a bill the necessary bolstering necessary to make it to the floor for consideration.
Make no mistake about it, this bill has legs and will most likely be passed in some form. It is time to heed the warnings and move toward precompliance. CemOps is here and still capable of helping you get ready for what is coming.
Go to http://www.cemops.com/
Fill out the necessary contact form and let’s get things under control for those companies wishing to get a jump on being ready. We have stated on a number of occassions that this was coming, that the federal government has shown more interest in what we have to offer than the industry has. It is here. It is now. The bill as you read in the above link states that the federal government is going to act, and that states will possibly be preempted in their laws to get this under control.
Companies that choose to continue to ignore this are playing with fire. All the policies and procedures in the world without audit, investigation and enforcement are at risk. We are here to help, and we are capable of making you stronger, better, and more aware of what is truly happening in your locations.
Once again, set up google alerts for cemetery news, cemeteries in trouble, funeral news, funeral homes in financial trouble, etc. etc. You will see the amount of risk that is out there. You will see what the government sees. You will realize this isn’t isolated incidents that mean little. You will see that we have real time problems that need real time solutions.
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09.25.09
Posted in cemetery awareness, cemetery law at 12:47 am by Administrator
Bobby Rush, Democrat from Illinois, is posing federal legislation to further regulate cemeteries in the United States. This, from the most recent cases in Illinois including Burr Oak Cemetery. Illinois has been trampled with the Burr Oak case, the IFDA case, and other closely related instances of violations of law and all that our profession stands for.
CemOps has been warning for years now this would happen, and with an industry determined to continue giving negative media and court accounts to feed on, it is happening.
This is an industry that needs to get engaged immediately in self regulation that will satisfy these most recent calls for federal regulation, or expect further regulation that will only set back an industry that continues to ignore all the signs of being included in new federal law.
The arrogance of the cemetery profession, thinking they will continue to escape the long arm of federal legislation, is about to come face to face with reality. We have communicated on numerous occassions with varying officers of corporations, regional and private operators, and not for profits, who have thought they would be left unencumbered as not very important to federal interests.
It is apparent now this is no longer the case. There are so many fresh cases involved now, and mounting cases, that the head of steam toward further regulation cannot be ignored any further.
Reference our website: http://www.cemops.com
You will see this has been warned against for some time now. We are here to help and continue to be the best resource a cemetery owner could have, whether private; religious; public; or municipal. Years of experience and tribulation have taught us best practices and needed policy and procedure no matter the size of your company.
Google news alerts come across the internet many times daily with issues in our industry. If we are seeing them, others are too. Congressman Rush, among others, have seen enough. They are now acting and the time for correction of present policy is now. We are here to help. We cannot help if you do not contact us. We have offices in the Southeast United States, in the Midwest, and in the Western Region.
Our message is clear. We hope you are finally hearing it.
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09.17.09
Posted in cemetery awareness, cemetery consulting, cemetery management, cemetery news at 11:29 pm by Administrator
Trust but Verify is the title of this post, as in the news of late so many companies out there don’t.
The Burr Oak Cemetery scandal in Chicago, the newest out of LA, and the list goes on and on. If these companies understood this simple principle, the negative news accounts would not be happening.
CemOps has been contacting companies for years now, offering services before and when news breaks, to lessen the occurences that are now nationwide news. If these companies that own locations nationwide would simply perform more on site investigations, these issues would not be so prevelant. Many times it takes an outside agency to get to the root of troubles, and when everything is handled internally, friendships and blind trust can get in the way of good business principles.
The only answer to this is to “trust but verify.”
You may have all the faith in your local management group in the world. But if you seldom visit the location, you have no idea whether operations are proper or not. If you have those in charge of these locations that make you comfortable, but never check to see if they are truly doing their jobs, then you have no defense when these occurences hit the news.
Too many times, issues arise when those trusted persons are in charge, and you just know things are being handled in the proper manner. If you trust this with no execution of periodic due diligence, you get exactly what you deserve. If you blindly allow operations to take place with no periodic investigation because you are comfortable with location or area management, and a news item appears, then you get exactly what you deserve.
CemOps has been here conveying this message now for years, and it has fallen on deaf ears. The news articles continue to grow in numbers and horror, but the messages fall on deaf ears. An outside, disinterested party is what it takes to uncover these items and fix them before the news media or courts are necessary. But those in power continue to ignore the messages and fall into their comfort zones until something breaks like the latest two in Chicago and Los Angeles.
There is help out here for those who wish to pull in their egos and use the professional help available. There is help out here that is considerably less expensive than class action lawsuits that cost millions of unnecessary dollars to defend. There is help out here for insuring your well thought out policies and procedures are actually being followed. There is help out here……………..
Think you don’t need it? Set yourself up some google alerts and read every night like we do, the accounts of events that shake this death care industry to the core. Set up google alerts for cemetery, funeral homes in financial trouble, cemetery news alerts, etc. You will see there is a need for more diligence in this industry.
If you aren’t willing to do this, then call those out here that are set up to help. Or, continue to suffer the consequences when it is discovered you aren’t protecting yourselves and the families you serve to the fullest extent. It’s your choice, which to date is not working, or the accounts would have stopped a long time ago.
There is nothing more frustrating than to have the expertise necessary and be ignored. If this industry is not willing to correct itself, then the government will surely step in. As you read this, Illinois is calling for more legislative controls. Other states are showing similar interests, yet the industry continues to ignore the inevitable. It is only inevitable due to the lack of true interest of assurance in this industry.
This is a wake up call. Maybe the final one.
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09.06.09
Posted in cemetery news at 6:06 pm by Administrator
Recession Proof Industry?
November 19, 2008 on 3:36 am In Sound Off
There is evidence that the death care industry may not be as recession proof as it has thought. An article out of the San Francisco Bay Area tonight, concerning the impact the recession is having on cemeteries there now, touches on the present circumstances of locations that have invested heavily in their cemeteries only to learn with the recession that pre planning has slowed due to the present economy.
Considering the recent wave of layoffs and cutbacks, has it occured to you that at need may also become affected by these trends as well? Payment for at need services may not be available for many, given individual circumstances. The industry has learned from the past that this is required for a reason, but can the industry gamble on this continued practice if our economy continues to slide?
It is CemOps belief that the death care industry should be looking at alternative offerings and plans in the event this contiues for a protracted period of time. Those that find ways to provide the necessary services and make it possible for affected families to pay (other than cash now or nothing) will survive. Those that don’t may find themselves in a position not unlike those families that have been laid off or cut back on salaries, etc.
Another obvious item, is shoring up policies and procedures, and maintenance budgeting and practices to lower costs while maintaining high levels of service at the same time. This is a challenge that isn’t going away anytime soon. It will take creativity and structure to see us through some tough times ahead.
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Posted in cemetery awareness, cemetery law, cemetery litigation, cemetery news at 6:05 pm by Administrator
Another Avoidable Lawsuit
February 15, 2009 on 12:53 am In Sound Off No Comments
Reported in November, in California. $420,000.00 in awards is upheld by the California Court of Appeals, from a lawsuit again dealing with the proper way to deal with a family when a cemetery resold two graves. The cemetery staff involved, kept the resale secret from the original purchasers. In 1986, this family purchased two grave spaces, when records were kept manually. When the cemetery converted to a computerized system in 2000, the error was discovered. Error #1. Instead of notifying the purchasers of the mistake, the cemetery staff chose to not resolve the situation because additional spaces were not available at the time. When plaintiff’s husband passed away in 2005, the cemetery provided two spaces elsewhere with the assurance that a nearby roadway would not be extended. Some time later the road was extended, which becomes error #2.
The courts determined the liability existed, when it has ratified “an intent to adopt or approve oppresive, fraudulent, or malicious behavior by an employee in performance of their duties.” The employer was found to be guilty of this, and the actions of the employee were found to be the liability of the employer, due to employers knowledge of this event.
The base issue here is simple. Telling the truth at the time of discovery would have precluded this size of judgement, if not completely eliminating the lawsuit altogether. Telling lies, or lying by ommission, is exactly what caused this lawsuit and subsequent award.
When will those in this profession learn, that covering up this type item will only come back to haunt? When will this industry start using the expertise of companies like CemOps to train their employees on the proper handling of such situations? Clearly, many employers in this profession don’t take this seriously until they have lost a lawsuit, but training still doesn’t take place on any consistent basis.
Was this employee involved terminated? Were the rest of the employees at this location trained on the proper methods of dealing with such and other issues, to preclude further occurence? Or, were the employees simply expected to learn from this mistake with no follow–up?
Clearly there is a value to outside involvement in investigative, auditory, or training assistance to strengthen weak areas in our operations environments. This one is definitely unnecesssary. So are so many that we read about every day in the media. Once again, CemOps and other companies like it are out there to help. The lawsuits can slow or stop, with the proper training and policies/procedures in place. Or——–just keep going to court and paying the costs in high jury awards and the negative publicity that comes with it, which also has a negative impact in the communities affected.
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Posted in cemetery consultant, cemetery consulting, cemetery management, cemetery news at 6:05 pm by Administrator
CemOps comes from a time when…………….
January 26, 2009 on 1:06 am In Sound Off No Comments
Do you remember when the funeral, cemetery, and crematory profession was much simpler to operate within? Do you remember this profession prior to the advent of the FTC Funeral Rule? Do you remember this profession prior to discussions of further legislation? Do you remember this profession prior to so many negative media accounts from persons doing things against normal ethics? Do you remember this profession before the large class action lawsuits and jury awards? Do you wish for the days back before all these events occured? Before there were consumer activist groups in our profession? Before funeral directors, cemeterians, and sales people vied for the business?
The answer is simple on the surface, and embroiled within the ranks of those that came into this profession in the late 1970’s through the 1980’s. The days when ethics ruled our consciences and business decisions before profits and bottom line thinking. The days when those in the profession trusted each other and there was no infighting about who is in control.
This same atmosphere that has been lost over time can be ours again. We can continue business and have the successes we desire, with all departments-as long as we are willing to accept our weaknesses and strenthen areas that have allowed us to relax our ethics, which is the cause of the funeral rule and other regulatory interests that have made this profession so complex. Changing the items that have caused these new rules is the best way to decrease future need for legislation and regain control of our profession not only in the eyes of those who make the rules, but our client families, as well.
CemOps comes from the time when we did things right the first time and every time. We find it amazing how with all the exercises to become more profitable and successful, many of the businesses in our profession have actually become less successful or profitable. All the fancy operations ideals and sales scripts just haven’t really provided the increased profitability everyone thought it would, and the ethics of the profession have been compromised on a number of fronts, as reflected by the negative media accounts, the involvement of legislators, and the move toward cremation and other options from the clients we attempt to direct.
If we could prove to you there is another way, would you agree to try it? If we could prove you could reduce costs and increase market share and profitability, and increase ethics without compromising service or your bottom line, would you listen? If we tell you we tried a new system and achieved 146% of quota by turning the clock back a bit, and prove it to you, will you listen to us?
We are writing a manual on the system we tried. We are expecting to roll this out soon, and with it we know that training (or retraining) will be necessary. It will require those in the profession willing to take an open look at a new approach. It shouldn’t mean anyone will have to leave the profession, as long as they are willing to open their minds to proven past ideals, they will just need to open their minds to another way.
With this, we can build much better synergy among all departments and stop the struggles of control. We can make our profession a better environment for everybody, including our client families. At the present, there are many who are attempting to change our profession, and actually eliminate our profession by alternative means. If this profession ignores this, as they did the rising cremations of yesterday-history will simply repeat itself and we will become so antiquated we will cease to exist.
Call us. We can provide all the items including training, to get us back to prominence.
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Posted in cemetery awareness, cemetery management, cemetery news at 6:03 pm by Administrator
Why CemOps Happened (The story)
December 5, 2007 on 7:02 pm In Sound Off
There have been enough emails to CemOps, some supportive-some critical, that makes telling this story worthwhile. I apologize if this goes into a lengthy read, but stay with me, please.
To begin with, I must say, that EVERY cemetery I have been involved with has had issues from the past. Some severe, some not so severe. But issues, nonetheless, that needed to be addressed. Small issues tend to become larger issues left unattended.
It all started when with a large corporation, when I was offered the opportunity to take over a couple of cemeteries. My boss at that time, informed me this was a recent purchase and the location had some “challenges” to overcome. That particular location underwent a full remediation that took 18 months to complete. The good news is, that company was proactive in discovering and correcting those issues. Many would argue that was self serving on their parts, to prevent lawsuits. Regardless, they chose to do the right thing and fix the problems. That was quite a learning experience. The changes in management structure is the only reason I am no longer there. A “restructuring” occured. I survived that one, but doubted I would survive many more.
Like many, I made my way through the corporations while climbing the ladder. The next company I worked for, knew of my experience. When I found numerous issues with their cemetery, they chose to ignore them. On two pages, I informed them of the issues, the corrections suggested and the implications should they choose not to be proactive. To date, no action has been taken on those issues. I am proud to say I am no longer with that company. I was not willing to jeapordize my reputation by staying. Someday, those issues will come to light and it will be their’s to deal with. Yes, I documented everything and protected my interests. Everyone else involved just takes a wait and see approach, including the state involved. Like most states, they don’t have the resources available to investigate.
Many managers “log” their daily activities to cover themselves in the event they are fired. Many managers are afraid to call up any issues they find. Certain corporations in this industry don’t appear to want to know what they have, choosing to ignore the problems for now. Clearly “for now”, is the operative error here. These issues will not stay hidden forever. And, the longer they stay hidden, the more liability for the company if a lawsuit occurs. A good attorney worth their salt, will uncover if these issues were known prior to. A jury will award based on action or the lack thereof. With the emotion involved in our industry, burying your head in the sand is not a good idea. If you know of problems and don’t come forward, you now shoulder ALL the responsibility. If you do come forward and are instructed to ignore them, that would be a good time to start documenting things to protect yourself. But doing nothing is a prescription for personal disaster.
After the number of locations managed, the number of issues corrected, the number of fellow managers that came with their issues for assistance. It occured to me this is what I wanted for my legacy, and that I could make this my lifes’ work. And get paid for it all at the same time. Imagine doing what you love and being paid for it, too. Managing a cemetery pays fairly well, don’t get me wrong. But the expertise it takes to uncover issues, communicate those issues to the appropriate people, and face the families and correct them is no easy chore. Many managers are not capable or willing to put themselves in this position.
Now, since the early 2000’s, operations managers have become an endangered species. The industry has become, once again, all about sales. Granted, no operation can exist without sales. But instead of keeping operations intact while the sales push is on, operations management has been cut back. Almost all the issues I have dealt with over the years have been related to the sales pushes. You look today at all the advertisements for this industry, and all you see is sales opportunities.
If there is nobody to educate the sales force about the implications of sales without sound operations, then in about 10 years you will see once again, a push for operations managers. This will be to correct the issues presented from the sales push without operations knowledge or best practices. AND, the lack of proper management within the locations.
It may sound like I am picking on sales. Please, that is not the case. I am picking on the lack of commitment by companies and owners to insure the overall integrity of their locations by concentrating on one or the other. BOTH areas need equal attention, all the time.
In the first mentioned circumstance, the former owners of the cemetery were considered pillars of the community. Many of the mistakes were caused by ignorance regarding cemetery law or cemetery operations in general. But, hiring decisions were made in management and sales that bordered off ignorance and fell into the legal categories. An owner surely wouldn’t go for years not knowing what is happening in their businesses…….. But this particular owner sold the location to a corporation, signed a non-compete, and then served on the board of a competing city cemetery. Was that ignorance? You be the judge. But we chose to identify, confirm, confess, and correct. Not only did we protect the community and the families we served, we also protected our company by doing the right thing. The families appreciated our commitment and concern. Hundreds involved. Not one lawsuit. Not one visit from the media.
There are many more examples, however, this post would become far too lengthy if I were to continue.
You have a choice when taking on a cemetery with issues, which they all have.
You can be proactive and step up to the plate and address the issues, clearly positioning yourself as the one that didn’t create the problems, but the one that will deal with and correct those issues.
You can ignore the issues and “hope they stay hidden”, which equates to a bad decision. As the cemeteries gardens fill to capacity, the issues cannot stay hidden. At some point, they must be dealt with. Will it be now? Will it be later?
Certainly CemOps cannot make that choice for you. But CemOps is here to help you through the process, should you decide to do the right thing. Here to train your management team. Here to be hands on, if you choose. Here, nonetheless. It’s up to you to call.
So that, is the story of CemOps. Driven by a passion of cemetery operations excellence. A passion of knowing how powerful doing the right thing is. How not doing the right can come back to haunt. Daily, I receive email notifications of issues all over the world. The past practices are now coming back to be dealt with. CemOps will be here to meet or assist you in meeting those challenges. All you have to do is pick up the phone, or visit the website and fill out the appropriate form/s.
Regardless of your personal experience, CemOps can help. Nobody knows everything about cemeteries. Everyone needs assistance from time to time. Hence, CemOps.
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Posted in cemetery awareness, cemetery management, cemetery news at 5:56 pm by Administrator
Memorial Parks vs Upright Priviledge Parks or GardensJune 2, 2007 on 8:02 pm In Sound Off 1 Comment
I marvel at the history of the memorial park design. I read an article a couple of years ago, about the memorial park design. I agreed wholly with the ideal that the memorial park design set memorialization back 100 years. The maintenance savings touted with this design can be argued easily, but more importantly, the loss of the revenue stream from upright monuments as well as the loss of the artform of the upright memorialization is a shame for the industry.
First, the supposed savings in maintaining a cemetery with flat granite or bronze on granite is a total farce. Yes, you can mow directly over the flat marker, but you still have to go back and weedeat all four sides of the flat marker to keep it clean and viewable. There is no less maintenance. In fact, there is more. The turn under vases require constant maintenance, as they get knocked over by mowers, foot traffic, etc. And quite frankly, I think memorial parks are boring. And let’s face it, there is only so much you can say in memorialization on a small, flat piece of granite or bronze.
The upright marker cemetery offers more options for telling a story, there is just more room on that granite to say things about the family or loved one interred there. The upright marker lends more character to the cemetery and is more easily noticed.
In every instance where I have opened a garden in a cemetery, allowing upright priviledge, sales have been brisk. This is, more than not, what people want in a cemetery. So why, does the industry as a whole not listen to their clientelle and give them what they want and are willing to pay for?
The cremation rate may be ever increasing, and that is another subject entirely, I truly believe some of the fault is on the parts of cemeteries that have become flat, boring, unoriginal landscapes that offer nothing to draw interest or creativity. Yes, pricing within the industry plays heavily in the cremation rate, but I feel if people are given the options they desire, they are more inclined to go that direction.
Monument companies offerings used to be handcrafted art works. Now, the flat marker allows more computerization for etchings, taking the personal artform out of the equation. I think we are ignoring too large a desire by enforcing a design that was ill advised to begin with.
Feel free to chime in. I am interested to know varying points of view on this matter.
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