09.06.09
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 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 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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01.18.09
Posted in cemetery awareness, cemetery consultant, cemetery consulting, cemetery law, cemetery litigation, cemetery management, cemetery news, cemetery publications, cemetery white paper at 7:25 am by Administrator
CemOps White Paper
3445 Marino Dr. SE
Rio Rancho, NM. 87124
(505) 918-8002
http://www.cemops.com/broberts@cemops.com
Cemetery Challenges and Solutions Through Consultative Resources
Bob Roberts – Principal
Introduction
Cemetery businesses and operations are possibly among the most complex environments in business today. The laws, the operating principles, necessary policies and procedures, accounting requirements, and day to day operations become increasingly involved and vary from state to state. Keeping up with the changing laws can be a task in itself, and the wise cemetery owner is constantly abreast of the changing requirements.
Many news accounts and lawsuits in the United States over the past two decades have proven that many avoidable poor business decisions could have been made; some by lack of knowledge, some by failing to insure personnel are following prescribed policies and procedures, and yes-some from obvious disregard for the laws and best operating practices.
The purpose of this paper is identifying groups and the challenges present in such a complex business environment, offering the need for comprehensive solutions and where to go for the assistance necessary to insure the integrity of the cemeteries involved and the futures of the businesses for those who have invested a great deal of time and resources to own such cemetery properties.
Ownership & Challenges
The varying ownership groups whether private, municipal, religious or corporate all have unique challenges in operating their day to day businesses. Each of these differing classifications has completely different operating requirements, laws, and purposes of operation. Municipal and religious cemeteries may or may not be regulated by governmental law, except the endowment care funds. Private and corporate cemeteries are considered “for profit” for the most part, and are guided where laws are present based on accounting principles and operating expectations by the locales they are in.
Ownership of a cemetery is an expensive proposition, regardless of the category assigned. All cemeteries require a great deal of maintenance, and the associated labor and equipment can be overwhelming for the operating entity if they are not prepared or knowledgeable. This has proven to be the downfall of many businesses, and has been the main reason cemetery abandonment has become an increasing problem. Best practices for cemetery operations, are not well known by a good many owners. The mistakes made that have caused these practices to be adopted are held by those companies who have developed excellent day to day cemetery operations policies and procedures.
Expectations from the client families these cemetery groups serve can further challenge even the best in the business. Every different religious group, ethnic group, nationality, or special interest group has a different idea of what they need and expect from their cemetery owners. To be a successful cemetery, you must find that balance to accompany all the differing families who will use your cemetery and buy your services and merchandise.
Solutions
Finding solutions to improve your cemetery operations and protect your investment is not difficult. Realizing the benefit of involving an outside consultant or expert is difficult for many to come to terms with. With an open mind, you can save numerous unnecessary additional expenditures, avoid negative press, gain the confidence of those you serve, and lessen your exposure to liabilities that could end up in court with huge legal expenses.
The cost of hiring an onsite audit or inspection with CemOps is a fraction the cost of drawn out legal expenses defending against accusations, founded or not. There isn’t a cemetery in the country that cannot use better operating methods or updated information on the numerous challenges that are met daily.
Most cemeteries do a poor job of insuring OSHA standards are met. Many don’t even know where to find the necessary standards on the OSHA site. There is no header for cemetery, and it requires research to find those applicable requirements. This being the case, seldom do you find a cemetery in full compliance.
Many cemetery owners and managers are not aware of the laws in their states. This is a hazardous situation, and can lead to expensive fines and liabilities. In 2007 and 2008, CemOps has saved 283 negative news articles from around the country. All these circumstances that led to the negative press were avoidable. Now you get to calculate the revenue damage that isn’t handed down by a jury or a government agency. The bad will spread from negative press is as costly as any court judgment, in loss of customer confidence and loyalty.
Not calling CemOps for updates, audit and inspection support, and best practices makes no sense. Ignoring the possibility of better and more consistent methods is like playing Russian roulette with your bank account and future as a cemetery owner.
Large corporations have suffered countless losses due to law suits and consumer loss, even with all the policies and procedures they have in place. The policies and procedures mean nothing if there is nothing in place to insure those items are not only in place, but being followed every day in every location. CemOps also has saved negative press relative to this claim, and again all avoidable. Having worked for the corporations, we can assure you these policies and procedures are not being followed on a consistent basis. It takes an outsider to discover these misses, as sounding the alarm by the location manager or regional manager isn’t going to and doesn’t happen, for obvious reasons. That, coupled with the typical “scheduled” visit allows the location the opportunity to insure items will be missed or glossed over. This happens, and anyone within the large corporations that doesn’t realize or wish to admit it, are part of the problem-not the solution.
CemOps has the solutions you need. It doesn’t cost anything for you to make the call. It costs less than you think to take advantage of the expertise to save your reputation and success in business.
At the end of this white paper you will find some reference information and links to issues relative to costly mistakes made in the industry. Don’t make the mistake of perpetuating the mistakes by not calling for the assistant available.
Your information is always confidential. CemOps is here for you, and the information gleaned from any audit or inspection is yours to keep and use. It will not be shared with anyone else.
Following Solutions
Beyond the visit you schedule with CemOps will be follow up communications and information to insure the value of the visit continues to be used. Documentation will be furnished to show the visit took place and that you cared enough to check your location for weaknesses and strengths.
For those that have found themselves on the unfortunate side of the courts, consider the value of having documentation showing your desire and commitment to insure compliance and education. Those owners that show that level of commitment find themselves defending themselves less and more time strengthening their business models.
http://stores.lulu.com/cemops2007 (My books on the death care industry & grieving)
The thirteen links shared here run the course of some of the things that you can find yourself under the microscope for. These are news article that do no good for the profession, but happen every day. I receive up to 30 news releases each day like the ones shared here. Currently for the years 2007 and 2008, this is just a tiny sample of those articles out there.
All avoidable and could have been dealt with in a positive manner without the expensive legal consequences. Not calling us makes no sense, and only increases what we know is your existing exposure to liability!
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