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!