03.13.10

It’s SPRINGTIME!!!!

Posted in cemetery awareness, cemetery management, cemetery news, cemetery publications at 6:03 pm by Administrator

IT’S SPRINGTIME!!!!!! Are you excited or worried at your cemetery?
April 26, 2009 on 4:39 am In Sound Off No Comments
A subject not often approached, is the attitude in cemeteries when springtime finally rolls around. It’s no longer cold, the snow and ice are gone, the trees are coming alive, the grass is turning green, it just seems like the good Mother Earth is coming alive once again. A reason to feel excited, unless you have done a poor job of preparing for it.
You may be thinking, “what in the heck is this about”?
It’s simple. Along with all the beauty that comes with spring, also comes all the visitations by family and friends to your cemetery grounds. They come and leave decorations, figurines, and many other momentos on the graves of those they dearly miss. Many of these folks have not been able to get out to the cemetery for months, due to the road conditions or weather. So they are coming out in force this time of year. So what is wrong with this, you may ask? Nothing would be my response, as long as you have kept EVERY LOT OWNER UP TO DATE WITH THE FLORAL RULES AND REGULATIONS OF YOUR CEMETERY.
Why the caps on this? Already, I have responded to three articles this spring, regarding families upset about cemetery floral rules and missing items from graves. In these articles, the families feel disregarded and the cemetery feels the families are being unreasonable. In one article out of Michigan, families stated they picked a particular municipal cemetery over others in the area, simply for their lack of rules on the matter. Now guess what. Someone has complained about how messy the place looks, and the city has decided to either enforce non existant rules, make new rules and enforce them, or just clean the place up. Whichever case it is, communications was obviously not existant!  And the latest out of Kentucky, where the rules and regulations HAVE been in force, with posted signs in the cemetery and still they are taking hits from the client families because those posted rules and regulations have not been enforced consistently in the past.  It’s a delicate balance, enforcing rules and continuing to satisfy the needs of your client families.  It seldom is comfortable for either side, but it is necessary.
I have personally witnessed for years, a fairly sizeable lack of concern for passing out floral regulations in cemeteries. The Family Service Counselors or Cemetery Sales Staff are asked to pass these rules out to every family they sell cemetery property to, whether it is on a preneed or atneed basis. I can tell you, it just doesn’t happen on any level of consistency. The Family Service folks don’t get paid to do this, they are generally commission only. In order to make commissions, they have to sell stuff. They can’t sell stuff (they think), if they push rules and regulations on people. That is #1 in this perennial problem. Problem #2, is when it is known they don’t pass these out regularly, it isn’t seen to it that someone else does.
Now, it really hurts to be on the maintenance crew. They are out in the cemetery, maintaining the grounds. They make little money, and are charged with the task of making the cemetery look nice at all times. They have to perform burials, and keep the area safe at all times, as well. They take the initial flak for the missing items from gravesites, most times accused of being the ones to steal the items. Items that are hardly of value to anyone beyond the families that left them for their loved ones. If they are leaving things of real value, then what do they expect? These are public thoroughfares, and valuables will disappear if left in plain site. That is seldom the case though.
My wish for the spring of 2009 & now 2010? Everyone get along. Everyone talk to each other. If there is a problem, go to the management and speak with them in a tone that would cause everyone to want to make things right. Management team, do the same. Family Service, don’t sherk this duty of passing out the regs. It is critical to the emotional well being of the families you make a living from serving. Maintenance, if you see an item that looks like it is valuable, talk to your manager about possibly boxing or bagging the item respectfully and tagging it with the deceased name and storing for a period of time so the family can retrieve it intact. The largest complaint I hear from families is when they find their items in a “pile” in the back of the cemetery. Bottom line, they feel they and their departed loved one have been disrespected. Everyone working in the cemetery has the ability to positively impact that perception.
That is my wish. In 2009 and now 2010 let’s all do a better job of communicating our needs and expectations. In 2009 and now 2010 let’s start the process of eliminating the spring time blues. Spring time should be a time of great joy, it’s so much more beautiful out than a month ago. It is up to us all to keep it that way, and together we can do it.
Have a Great Spring!!!!!

I have reprinted this post over the years in the hopes of finding common ground between all the parties involved in cemeteries.  Still, the news agencies report upset families and the cemetery shows reluctance to fully speak to the media about the reasons for removing decorations in the early spring.  There are many valid reasons to perform this clean up, the least of which is appearance.  The first and formost reason is safety, but seldom do you hear this spoken about.  Why?  Unless the cemetery being complained about has suffered a legal loss due to personal inury from flying debris or read about another, they just don’t talk about it.  I hope the instance of media events on cemetery spring cleanup drops this year.  I hope communications improves among the interested parties.  It’s a new day and I hope for a new way.

09.30.09

The warning is here

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.

01.18.09

CemOps Cemetery White Paper

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.

The courts are more interested in seeing good operators than prosecuting. Everybody wins with those who live by doing the right things all the time. Too many calls to CemOps after it was too late. Use CemOps as a tool to before you find yourself in trouble.

Links

For information on how not using the tools available can cost you financially and possibly with the loss of your business, reference the links offered below:

http://www.baysidecemeterylitigation.com/

http://www.msnbc.msn.com/id/28560642/

http://www.thisisplymouth.co.uk/news/Police-apologise-wrong-body-creamation-mistake/article-593848-detail/article.html

http://www.newschief.com/article/20090106/NEWS/901060313/1003/NEWS?Title=Family_files_lawsuit_over_Lake_Alfred_cemetery_plot

http://www.myeyewitnessnews.com/news/local/story/Cemetery-Complaint-Family-Says-Graves-Were-Moved/qzcaKSK5_EenBgEiBceTqQ.cspx?rss=59

http://www.kbtx.com/home/headlines/36494764.html

http://www.kxxv.com/Global/story.asp?S=9555203&nav=menu509_2

http://www.bnd.com/news/crime/story/575988.html

http://www.sonomanews.com/articles/2008/12/01/news/doc49349491a3608628526412.txt

http://www.wtnh.com/dpp/news/news_wtnh_hamden_cemetary_grave_problems_200811202004_rev1

http://www.setexasrecord.com/news/215991-family-sues-cemetery-after-burial-plot-mix-up

http://www.boston.com/news/local/breaking_news/2008/11/city_fires_ceme.html

http://www.democratherald.com/articles/2008/11/16/news/local/1aaa04_oaks.txt

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!