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FALL 2016
A PUBLICATION OF THE CALIFORNIA FUNERAL DIRECTORS ASSOCIATION
2 FALL 2016
f u n e r a l D i r e c t o r S l i f e
If you are like most funeral home owners inCalifornia, you are probably facing highcremation rates along with rapidly changingconsumer attitudes and preferences when itcomes to their funeral services.
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Director of SaleS DevelopMent
funeral DirectorS life
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Marta Warren (new photo) - Magazine Ad 2016_CFDA_Layout 1 8/9/2016 1:35 PM Page 1
CFDA NEWSLINES 3
CONTENTS
CFDAOne Capitol Mall, Suite 800Sacramento, CA 95814(800) [email protected]
CFDA Board of Directors 2016–2017
OFFICERS
Kathleen McLaughlinPRESIDENT
Erlinda ValdezVICE PRESIDENT
Tiffany GallarzoTREASURER
Darren DieboldSECRETARY
Dennis SteinerIMMEDIATE PAST PRESIDENT
DIRECTORSKristi Ah You
Homer Alba
Amanda Amundson
Sean Douglass
Teri Featheringill
Eric Smith
Karen Franzen
Brian Kestenblatt
Fred Nalder
George Perez
Andrea Picot
Robert Risher
Mike Rogers
Sonya Simpson
APPOINTMENTSMerrill MeffordPARLIAMENTARIAN
James DraperRECORDING SECRETARY
Editorial StaffBob AchermannEXECUTIVE DIRECTOR/PUBLISHER
Ryan KingEDITOR
Katelyn HicksEDITOR
FEATURESHow to Write an Effective Business Plan for Your Funeral Home . . . . . . . . . . . . . . . 16
Could Your Employment Practices Cause You Trouble? . . . . . . . . . . . . . . . . . . . . . . . . . 18
DEPARTMENTSPresident’s Letter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Legislative Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
American River College Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Cypress College Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Welcome, New Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
In Remembrance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
News Briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
HR Question of the Month . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
Job Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
ADVERTISERSAmerican Crematory Equipment Co . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ASD — Answering Service for Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
atRest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Dowling Aaron . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Federated Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Funeral Directors Life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Live Oak Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17
Messina & Hankin LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
SCC — Southern California Crematory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Security National Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Serenity Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
TSYS Merchant Solutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
FALL 2016 ∙ VOLUME 35 ∙ ISSUE 3
Newslines is a quarterly publication of the California Funeral Directors Association (CFDA). As the official publication of the CFDA subscriptions are included in membership dues. All original papers and other correspondence should be directed to the editor.
POSTMASTER: Send address changes to CFDA Newslines, One Capitol Mall, Suite 800, Sacramento, CA 95814, (800) 255-2332.
© 2016 by the California Funeral Directors Association (CFDA). All material subject to this copyright may be photocopied for noncom-mercial educational or scientific uses. Permission to reprint articles or portions of articles may be obtained by writing to the managing editor. Proper credit and copyright notice should accompany all reprinted material. We reserve the right to edit material submitted for clarity and length. Opinions expressed by individuals through the pages of this publication do not necessarily represent the official position of the California Funeral Directors Association.
4 FALL 2016
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CFDA NEWSLINES 5
The Holiday Season is quickly approaching. How can that be when our Pier to Peer Convention in June just ended?!
Our second set of Board meetings will be coming up soon. I look forward to gathering with my CFDA family and continuing our work on the year ahead.
As I write this, there are still two more weeks until the ‘call for presentations’ for our next convention in Monterey is due. We had many great selections last year to choose from. I am anticipating this year will be another difficult selection process. Our convention committee will be looking for the topics the respondents to our convention survey returned. We need your input to make sure we are giving you the information you need. So to those that completed and returned the surveys, THANK YOU.
I’ve had the pleasure of being the installing Officer at two
County associations, Orangebelt Funeral, Cemetery and Crematory Associations, and the Los Angeles County Funeral Directors Association. I wish PATRICK AKES and FRED NALDER much success in their year as Presidents of their respective Associations. They each have excellent teams, so I know they will have a productive year.
Many of you will be getting ready for various functions within your properties. Dia de los Muertos, Thanksgiving services, and all types of Holiday services. Send in your pictures and an article on your event. We love to see what everyone else is doing. And who knows, you may come up with a great new idea for your place!
I wish each of you the Peace of the Season and Cheers to a Happy, Healthy and Prosperous New Year.
Kathleen McLaughlinCFDA President
PRESIDENT’S LETTER
“Send in your pictures and an article on your event. We love to see what everyone else is doing.”KATHLEEN McLAUGHLINCFDA President
Have you moved? Changed your name?
Do you have a new Funeral Director?
LET US [email protected]
date
6 FALL 2016
LEGISLATIVE AND REGULATORY UPDATE Fall 2016 Prepared by George Prather
It’s good to be back. Thank you, Kathleen, for asking me to chair the legislative and regulatory committee this year. It has been 16 or 17 years since I last served in that role. Merrill Mefford still serves as the Vice-Chairman.
New Laws
At this writing, Governor Brown has not acted on the proposed legislation that would offer the insurance exam in Spanish. Based upon press releases on September 15th, the Governor has acted upon 130 of the 789 bills on his desk as of this afternoon. In the next 16 days, he needs to do the remaining 659 bills, about 40 per day. CFDA tracked 17 legislative bills this year. Only a few directly affected funeral service and the rest had potential worthy of keeping an eye on them.
CFDA sponsored one bill that has been chaptered into law and effective on January 1, 2017. That bill is SB1284 authored by Senator Ed Hernandez of West Covina. The legislative digest says the following: “Under existing law, if a decedent has not otherwise given directions, the right to control the disposition of the remains of the deceased person, the location and conditions of interment, and arrangements for funeral goods and services vests in, and the specified corresponding duty devolves upon, certain persons in a specified order of succession. Existing law lists these persons, in order, as an agent under a power of attorney for health care who has the right and duty of disposition, the surviving spouse, other specified relatives, and, when the decedent has sufficient assets, a
conservator of the person, a conservator of the estate, and the public administrator. This bill would add a conservator of the person and a conservator of the estate to the above provisions for purposes of relinquishment or petition, as specified.“
What it means is that now the conservator can control disposition 7 days after the last blood relative fails to act. Before, the conservator only had the right to control when there were no living kindred, spouse, California state registered domestic partner, or agent of a California power of attorney for healthcare.
Another chaptered bill that I found interesting is AB1658 by Assembly member Frank Bigelo serving Placerville. This bill affects a district cemetery in South Lake Tahoe called the Happy Homestead District Cemetery. The cemetery is very close to the Nevada border and the cemetery wanted to be able to serve nearby small communities in Nevada that identify with the South Lake Tahoe community. District cemetery boards cannot arbitrarily allow interment of non-residence. It always takes legislation. The Legislature frowns on attempts to compete with private enterprise in this area. So, the only way it can happen is with legislation. And that legislation cannot wash over on other cemeteries. In this case they found a compelling reason to allow Glenbrook, Cave Rock, Skyland, Zephyr Cove, Round Hill, Elk Point, Kingsbury, and Stateline to bury their dead at Happy Homestead.
FTC Funeral Rule
On August 1, 2016, the FTC announced that the fines for violations for “Unfair or Deceptive Practices” have been raised from $16,000 maximum to $40,000. This does not just affect funeral providers. The FTC raised all fines as a catch-up measure. $40,000 is a lot of money. Don’t think that, because we have a strong Cemetery and Funeral Bureau, the FTC will leave you alone. In May of 2015, the FTC selected Bakersfield for a sting operation. 7 out of 11 funeral establishments were cited. All citations were for failure to give the consumer a GPL in a timely manner. The rule says:
(4) General Price List
(i)(A) Give a printed or typewritten price list for retention to persons who inquire in person about
the funeral goods, funeral services or prices of funeral goods or services. offered by the funeral provider. The funeral provider must give the list upon beginning discussion of any of the following:(1) the prices of funeral goods or funeral services;(2) the overall type of funeral service or disposition; or(3) specific funeral goods or funeral services offered by the funeral provider.
I know some of you want to get to know the family first, but I urge you to give the GPL first. The FTC is not big on wiggle room. One could subjectively say that discussing the hobbies of the deceased is part of “the overall type of funeral service or disposition.” You might not think so, but it gets expensive arguing your point, especially with your paid legal counsel.
Cal-OSHA
In 2012, OSHA amended the Hazardous Communications Standard commonly referred to as the “Right to Know” law to the “Right to Understand” law. June 1, 2016 marked the deadline for chemical manufacturers / distributors to comply with the GHS (Globally Harmonized System) for labeling chemicals and converting to the SDS (Safety Data Sheets). If you are still getting MSDS (Material Safety Data Sheets) you shouldn’t be. Your affected staff (primarily embalmers) should have been trained in the new system a couple of years ago. If not, get them trained immediately and document it. The training should include understanding the labeling “pictograms” and the 16 sections of the Safety Data Sheet. A simply way to do the training is to have your Program Administrator utilize a video. Two good ones can be found on YouTube titled “GHS Labeling Requirements” and “GHS Safety Data Sheets.”
State Owned Veterans Cemeteries
In August and October new state regulations were passed and became effective dealing with California State owned Veterans Cemeteries. This regulation does not affect National Cemeteries owned by the Department of Defense. There are only three state owned cemeteries (Igo, CA; Hopa, CA; and Seaside, CA currently under construction).
On the following page we have reprinted the exact language.
LEGISLATIVE UPDATE
CFDA NEWSLINES 7
LEGISLATIVE UPDATE
California CODE of Regulations: Title 12, Chapter 3, Sub-chapter 5 “State Veterans Cemetery”
§ 461 . Persons Eligible for Burial .
(a) IN determining which persons are eligible for burial in a state veterans cemetery, the Division of Veterans Services (Division) shall use the eligibility requirements specified in Title 38 Code of Federal Regulations § 38 .620 “Persons Eligible for Burial” (Federal Register, Volume 70, Number 19 effective January 31, 2005), which is hereby incorporated by reference in its entirety .
(b) THE Division of Veterans Services, or its designee, shall review and determine the eligibility of persons seeking burial in a state veterans cemetery . Any person requesting burial of an applicant in a state veterans cemetery shall submit an “Eligibility for Burial Benefits Determination” application (VSD-002, dated June 2016), which is hereby incorporated in its entirety, and supporting documentation as required by VSD-002 to enable the Division to determine the applicant and dependent eligibility .
§ 463 . Burial Fees .
(a) THE department shall not charge a fee for initial burial of eligible veterans .
(b) THE fee for subsequent burial of an eligible veteran for which a federal reimbursement has already been awarded (for example, moving a veteran interred at a national veterans cemetery to a state veterans cemetery) shall be equal to the current published U . S . Department of Veterans Affairs burial rate for veterans .
(c) THE fee for the interment of eligible spouses and children of veterans in a state veterans cemetery shall be equal to the current published U .S . Department of Veterans Affairs burial rate for veterans .
Note: AUTHORITY cited: Section 1455, Military and Veterans Code . Reference: Sections 1400, 1410 and 1455, Military and Veterans Code .
§ 464 . Disinterments .
(a) INTERMENTS of eligible decedents in state veterans cemeteries are considered permanent and final . Disinterment will be permitted only for cogent reasons (e .g ., when families move and want their loved one close by, or when the next of kin was not aware that the person had purchased a plot in a different cemetery), and with the prior written authorization of the Cemetery Director responsible for the cemetery involved . Disinterment from a state veterans cemetery will be approved only when all living immediate family members of the decedent, and the person who initiated the interment (whether or not he or she is a member of the immediate family), give their written consent, or when a court order directs the disinterment . For purposes of this section, “immediate family members” are defined as surviving spouse, whether or not he or she is remarried; all adult children of the decedent; the appointed guardian(s) of minor children; and the appointed guardian(s) of the surviving spouse or of the adult child(ren) of the decedent . If the surviving spouse and all of the children of the decedent are deceased, the decedent’s parents will be considered “immediate family members .”
(b) REQUESTS for disinterment must be submitted on Form VSD-003, Request for Disinterment (dated June 2016), which is hereby incorporated by reference in its entirety, and include the following information:
(1) A full statement of reasons for the proposed disinterment .
(2) NOTARIZED statement(s) by all living immediate family members of the decedent, and the person who initiated the interment (whether or not he or she is a member of the immediate family), that they consent to the proposed disinterment .
(3) A notarized statement by the person requesting the disinterment that those who supplied affidavits comprise all the living immediate family members of the deceased .
(c) IN lieu of the documents required in subdivision (b) of this section, an order of a court of competent jurisdiction will be considered .
(d) THE state veterans cemetery shall charge a disinterment fee for an in-ground cremation that is equivalent to 50% of the current federal burial reimbursement rate, and a disinterment fee for caskets that is equivalent to 75% of the current federal burial reimbursement rate . The state veterans cemetery may not charge a disinterment fee for the reopening of a niche .
8 FALL 2016
John Messina & Ted Hankin maintain their reputation as two of Southern California’s top rated lawyers and John is also a current California Licensed Embalmer. John and Ted have been lauded by their peers, earning Martindale-Hubbell's highest rating and its prestigious "Preeminent" distinction. John heads the firm’s Temecula Valley Office and is a litigation attorney with top executive-level, hands-on experience as a broker, real estate developer, and mortgage banker. Along
with being a published author, John has
a lengthy record of experience litigating
convoluted and difficult cases and is
particularly adept at constructing complex business and real estate transactions. John’s recent victory in the 9th Circuit Court of Appeals helps demonstrate the level at which he practices law. Ted, an attorney and CPA, heads the firm's Newport Beach office. Ted has effectively combined his success as an experienced lawyer while maintaining his CPA license continuously during his 37 years in practice. Ted uses his vast knowledge about business-related matters to counsel his clients in transactions and litigate for them in matters involving business formation, operation, and dissolution. Ted excels as a trusts and estates attorney; handling everything from the preparation of estate-planning, conservatorships, and guardianships documents to the litigation of complex cases involving wills probates and trusts.
In addition to their Martindale-Hubbell® AV Preeminent® rating which is the highest possible rating for an attorney for both ethical standards and legal ability, both John and Ted are AVVO rated as “Superb” with 10.0 ratings.
Along with our other senior members of our firm, John and Ted’s distinctive legal-business acumen is what separates their services from their peers; very few attorneys know more about and have greater experience in every element of creating, maintaining and protecting businesses asdo the lawyers of Messina & Hankin LLP.
Website: www.MessinaHankinLaw.com
Temecula Valley Office24910 Las Brisas Rd., Suite 102
Murrieta, CA 92562(951) 894-7332
Newport Beach Office1400 Quail Street, Suite 200 Newport
Beach, CA 92660 (949) 383-4356
AREAS OF PRACTICE
Business LawBusiness Litigation
Real Estate LawReal Estate Litigation
Probate LitigationEmployment Law
Administrative LawState and Federal Tax Law
Writs and AppealsWills, Trusts & Estate Planning
Wills and Trust Litigation
JOHN A. MESSINA, JR.
MESSINA & HANKIN LLPLawyers and CFDA Members
TED HANKIN
ADVERTISEMENT
CFDA NEWSLINES 9
AMERICAN RIVER COLLEGE REPORT
The Funeral Service Education Program at American River College has started an exciting fall semester. We are proud to announce that we anticipate 33 graduates of a cohort that
started with 41 this coming December 2016. That’s a 65% increase from last year! One of our candidates, Leticia Alvarado, was named “One to Watch” by the American Funeral Director. Importantly, the application period for the program is open from September 9th to November 4th. Applications for the 1 year and 2 year program can be found on the Funeral Service Education website.
Applying curriculum
The Funeral Service Department joins other Health and Education division programs in a very exciting event called Interdisciplinary Simulation Experience. The Interdisciplinary Simulation Experience (ISE) event is a set of scenarios involving student representatives from multiple departments in Health Education: EMT, Funeral Services, Health Care Interpreter, Paramedic, Nursing, and Respiratory Care, as they collaborate in the care of high fidelity patient simulators. Patient simulators are dynamic, technology driven manikins that blink, breath, have vital signs and react physiologically to interventions student provide. Students must interact with patients and provide
quality care, in real time and under real life pressures, while also collaborating with health care providers in other disciplines.
Students are called to an emergency and must respond in real time, with real medical equipment, and provide complete patient care. We then will follow our students through their experiential learning process as they transition care from the prehospital setting outside to our virtual emergency department inside and observe the patient’s continuity of care. Once the scenario ends, students and observers alike will be brought in to the debriefing space where everyone can reflect and express what they have observed and learned. Videos of the entire experience, taken with GoPro cameras select students have worn, will also be reviewed in the debriefing process. FSE students participate in the exercise by interacting with the family of the deceased patient, often with bilingual interpreters, engaging with hospital staff in the removal process, and finally transporting the expired patient.
We at the Funeral Service Education Program at American River College hope you have a wonder fall season. Should you need us for any reason please call 916.484.8158 or email [email protected].
Have you moved? Changed your name? New Funeral Director?
LET US KNOW! [email protected]
An Update From the American River College Funeral Service Education Program
10 FALL 2016
ASD Delivers A Competitive Advantage
Tools to Grow Your Opportunities – Delivered
Solutions to Coordinate Removals – Delivered
At-Need and Pre-Need Price Shopper Calls – Delivered
ASD – Answering Service for Directors has created a new class of answering service for funeral professionals by raising the bar with unparalleled levels of advanced training and technology. Learn how ASD can deliver a competitive edge to your funeral home with our 30-Day FREE Trial.
Track price shoppers, pre-need and at-need calls anywhere, anytime with ASD’s award-winning mobile app and real-time dispatch reports. Let ASD keep you ahead of the competition!
Price shoppers are connected directly through to you rather than hanging up and contacting another funeral home. For Pre-Need calls, specific employees can be designated to receive these messages, driving more Pre-Need leads to the funeral home.
ASD’s customizable systems allow us to:
Collect the required First Call information and immediately dispatch to a designated transport company.
Notify multiple employees of a passing.
Contact a specific on-call person depending on the day or time of death.
Copy central dispatch so you can track the status of every call.
www.myASD.com 1-800-868-9950
CFDA NEWSLINES 11
CYPRESS COLLEGE REPORT
Fifty years ago, in an undeveloped area off of Lincoln Avenue in the northern part of Orange County, a former 112-
acre dairy farm became home to the newest community college in southern California. Assembled in a mere 74 days, Cypress Junior College consisted of 18 prefabricated temporary buildings erected to house the original 2,300 students who enrolled in the fall of 1966. As Cypress College matured, it dropped “junior” from its name as it grew into the comprehensive college it is today, which now consists of 16 major instructional and instructional-support buildings providing more than 16,000 students annually with occupational certificates, associate degrees, and transfers to local universities. Students enrolling in 2016 have more access than ever before to embark on low-cost career and technical training as they develop into knowledgeable citizens and productive contributing members of society. This includes a complete pathway from Funeral Service Assistant certification and Associate in Science degree graduation to professional licensure as embalmers and funeral directors, and beginning in the fall of 2017, a baccalaureate degree funeral service education.
It was this ability for growth and promise of access for students that Melvin Hilgenfeld believed would provide a perfect environment for his California College of Mortuary Science to thrive. In 1976, Mr. Hilgenfeld gifted his Los Angeles embalming school to Cypress College, which provided its registered students, along
with the thousands who would follow them, an unprecedented opportunity to receive a private college experience on a community college campus. Cypress College, which was a mere 10 years old, was already showing phenomenal promise as an institution of higher education. Now, in preparation for its 50th birthday celebration, Cypress College is looking back and reflecting on the accomplishments in its first half century. Arguably one of Cypress College’s greatest achievements includes the development of the Mortuary Science Program, established 40 years ago in 1976. As the college prepares to mark its golden year, the faculty and staff is also in the midst of planning for the Mortuary Science 40th anniversary at 9200 Valley View Street.
On April 1, 2017, the Cypress College Foundation, along with current and former
Cypress College faculty, staff, and students, will welcome alumni and emeriti back for a closer look at what will become the College of the Future. With the passage of the Measure J Bond Initiative by voters in 2015, the North Orange County Community College District, which includes colleges in Cypress and Fullerton, as well as the School of Continuing Education, will embark on a $574-million-dollar construction plan to modernize the colleges and innovate campus instruction. The first project, which is scheduled to break ground in 2018, includes the new 100,000-square-foot Science, Engineering, and Mathematics building that includes an onsite facility for Mortuary Science students and industry partners to use for cremation training and instruction.
The new facility was approved by the NOCCCD Board of Trustees as part of the Measure J program.
For more information about anniversary events, please contact the Foundation Office at (714) 484-7127 or [email protected].
Cypress College Celebrates its Golden Anniversary!
Inaugural Cypress College Mortuary Science Class - 1977
An artist’s rendering depicts what a new Science, Engineering, and Math Building might look like .
12 FALL 2016
calendar
Save
the
Da
te!
Jan 11–12, 2017Committee & BOD MeetingsHyatt RegencyMonterey Hotel & Spa1 Old Golf Course Rd Monterey, CA 93940
Jan 18, 2017Law Review CourseRose Hills Memorial Park3888 Workman Mill Rd Whittier, CA 90601
April 19–20, 2017Committee & BOD MeetingsCFDA Office1 Capitol Mall Sacramento, CA 95814
June 11–14, 20172017 CFDA Annual Convention
Hyatt Regency Monterey Hotel & Spa1 Old Golf Course Rd Monterey, CA 93940
CFDA NEWSLINES 13
Walter and Barbara Eversole5/25/23–8/12/16 (Walter)
12/25/26–9/10/16 (Barbara) Funeral Director
Michael Hawkins9/20/49–8/24/16 Funeral Director
Curtis L. Simpson Sr.3/11/48–9/12/16 Funeral Director
IN REMEMBRANCE
welcome new membersInvoCare FD# 2232Regular MembersMichael Miller ∙ San Diego, CA
Generations FD# 2283Regular MembersKaren McLaughlin ∙ Manhattan Beach, CA
Holy Angels Funeral & Cremation Center FD# 1456Regular MembersAdalid Garcia ∙ Hayward, CA
Inman Shipping WorldwideSpecial Vendor MemberLori Davis ∙ Fort Wayne, IN
American AirlinesSpecial Vendor MemberJulie Johnson ∙ Fort Worth, TX
Huntington National BankSpecial Vendor MemberDenise Stone ∙ Zeeland, MI
Cathedral Park UrnsSpecial Vendor MemberCord Wilkey ∙ Portland, OR
FuneralOneSpecial Vendor MemberMike Cyplik ∙ Detroit, MI
PBF ManufacturingSpecial Vendor MemberLiz Zeig ∙ Phoenix, AZ
Wayland CasketsSpecial Vendor MemberJenny Chang ∙ El Monte, CA
California Professional ManufacturingSpecial Vendor MemberGlenn Robison ∙ Modesto, CA
14 FALL 2016
News Briefs
CFDA President Kathleen McLaughlin Presented a check to “Rallying for Ryan.”
Down Syndrome Association of Orange County’s Buddy Walk team, “Rallying for Ryan” received a check for $2,100 from Kathleen McLaughlin, who organized an auction dinner event for Roosevelt Memorial Park Association, and donated all the proceeds to the Avalos’ OC Buddy Walk team! The check was presented to Lori Avalos, Ryan’s mom.
THANK YOU to the following silent auction donors!Roosevelt ParkMabreyACCMathews AuroraGenerations CremationDuetBatesvilleCFDA Board of DirectorsCrowne Plaza Redondo BeachMonterey Hyatt
Dutch Company Builds First Ever Tesla Hearse
The hearse was made by funeral transport company Vander der Lans & Busscher BV. The funeral transport company used a modified Tesla that was built by Netherlands-based stretched limousine maker RemetzCar. The Tesla has a range of 217 miles.
Damon de la Cruz, PhD Releases Embalm Calc App
Embalm Calc is a handy tool to help morticians and embalmers mix embalming fluids correctly. Embalm Calc has the ability to calculate mixing of 1 or 2 fluids. This will help you remember and perform the calculations. This app is part of the curriculum at American River College in the Funeral Service Education department and will be used in an upcoming text written by Damon de la Cruz.
The App is free and can be found in Google Play or the App Store.
CFDA NEWSLINES 15
Get to know us. Dan [email protected](916) 844-5766
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© 2016 Total System Services, Inc.® All rights reserved worldwide. Total System Services, Inc., and TSYS® are federally registered service marks of Total System Services, Inc., in the United States. Total System Services, Inc., and its affiliates own a number of service marks that are registered in the United States and in other countries. All other products and company names are trademarks of their respective companies. TSYS Merchant Solutions is a registered ISO/MSP of both First National Bank of Omaha, Omaha, Nebraska, and Synovus Bank, Columbus, Georgia. © 2016 TSYS Merchant Solutions, LLC. EMV is a registered trademark or trademark of EMVCo LLC in the United States and other countries. 5/2016)
16 FALL 2016
Whether you acquiring an existing funeral home or expanding your current funeral business to take advantage of market opportunities, a business plan establishes the viability of your project and is the foundation for obtaining the funds you need to proceed. If you already have a business plan, consider implementing the principles and components described here to support your goals for financing.Now it’s time to put pen to paper and start writing or updating your plan. The good news is that creating an effective business plan tailored to your funeral home does not have to be a daunting exercise. While it will take some careful consideration and research on your part to ensure your plan is thorough and accurate, there are many templates and guidelines online to help streamline the process.
Key Components of the Business PlanYour business plan should include the following six components, each of which needs to be addressed in some detail.
I. Executive Summary
The Executive Summary introduces you and your business venture to readers and is often the first impression they receive of your project. This section should be concise, providing the “what, why and how” of your undertaking, but also compelling enough to persuade lenders and others that your acquisition or expansion plan is viable. You may want to tackle the Executive Summary last, as much of the information for this section is extrapolated from the rest of your business plan. Your Executive Summary should include:• Business Overview – Provide a brief
overview of the funeral business, your background in the profession, and the specific services you will offer. Describe where your funeral home will be located and the area’s demographics. If you are expanding your current funeral home, describe the benefits this expansion will bring to your business and the community.
• Mission Statement – Outline your business philosophy and rationale for your funeral
home project. Define your goals and where you expect to be in five or ten years.
• Financing Requirements – Summarize the amount of capital you will need to achieve your acquisition or expansion goals. (Detailed financial projections will be outlined later in the business plan.)
II. Business Description
The Business Description goes into greater detail about the structure of your business, your qualifications for managing the funeral home and your business resources. This section tells your lender that you have the personal know-how and professional means to build long-term success. Include the following in your Business Description:• Professional History – Describe your
professional experience to date such as your business background, any professional experience in the funeral home industry, and where and when you attended school, degrees earned, and any related courses taken.
• Management Team and Key Personnel – Identify the principals who are ultimately responsible for the financial performance of your funeral home, your key team members and their roles, and any professional advisors who will be instrumental in providing input and guidance.
• Organizational Structure – Define the legal entity for your business (Sole Proprietorship, LLC, etc.) and ownership details.
III. Market Research
A certain amount of research is required to ensure the local market for your funeral home has the appropriate demographics and income to support your business. The Market Research section demonstrates to your lender that you understand your community and that you have considered the competition in this area.The Market Research section should include the following:• Market Description – Describe who lives in
the community surrounding your funeral home and what sort of growth or changes
are predicted for this area over the next five or ten years.
• Target Customer – Describe the ideal customer or family for your business, including age, personal characteristics and income level. Consider the mix of preneed versus at need services. If the community based on the Market Description above does not match the type of funeral service you plan to provide, you may want to reconsider the location.
• Competitive Analysis – Define the other businesses in your local market, how many are funeral homes, what kind of services do they offer, and what are their advantages and disadvantages.
• Competitive Advantage – Finally, define the competitive advantage your establishment offers that your competitors do not – for example, the types of services, the variety and range of your cremation offerings, location, price point, etc.
IV. Marketing Plan
This section allows you to be a bit more creative as you describe the marketing activities you will use to create visibility and support ongoing business growth. Be sure your marketing plan is realistic and addresses the following issues:• Approximately how much are you
budgeting for marketing activities during the first year or two?
• How will you set yourself apart from the competition? For example, offering special events or sponsoring community events?
• How will you attract families from the surrounding area and be on the mind of guests when they have a future need for their own families?
• What is your marketing mix – the balance between print and television advertising, promotions, referrals, social media, and other channels of marketing?
V. Operations
The Operations section of your business plan details the day-to-day needs and functions of your funeral home, demonstrating that your future success is based on well-thought-out ideas about how you intend to run your
EXPERT ADVICE: FINANCE
How to Write an Effective Business Plan for Your Funeral Home By Tim Bridgers, General Manager of
Funeral Home Lending at Live Oak Bank
CFDA NEWSLINES 17
business. Include the following:• Location and Premises – If available,
describe in detail the exact location of your funeral home, why you chose it, and whether you will own or lease the space. Detail the equipment and inventory necessary now and in the future, whether the equipment will be owned or leased, and who your major suppliers will be. If you know your exact location, describe the visibility and accessibility of your funeral home.
• Days and Hours of Operation – Describe the days and hours you will be open and how you will handle holiday and after hour calls.
• Staffing – Outline the staffing changes, if you are acquiring, the roles of staff members, compensation and personnel policies. You do not need to include job descriptions, but identify the resources you are using to create those job descriptions.
VI. Financial Forecast
For most business owners, the Financial Forecast is the most challenging section to complete. For your lender, it is the most important. The financing package you receive is based on the numbers in your financial forecast, so it is critical to make these
calculations as accurate as possible. Work with your CPA or financial advisor to ensure your forecast is viable.Your forecast should include:• Income and Cash Flow Projection – The
financial projection should cover at least 36 months of operation of your funeral home. Your projected income is based on service costs per week and will likely grow over time. Your cash flow is the difference between your gross income and your operating expenses and overhead.
• Capital and Operating Expenses – These are the total funds needed to acquire and operate your new or expanded funeral home. Try to be as specific and realistic as possible. Include loan payments, staff salaries, rent, utilities, supplies and other minor expenses. It is better to be conservative and overestimate your budget.
• Project Financing – Detail how much you need in financing to acquire or expand your funeral home and consider your preferred terms. Include any personal or investor funds, if any, that will be contributed to the project.
Tips for Writing Your Business PlanBe clear and thorough when completing or updating your business plan. Include a formal
title page or cover and make sure your writing is grammatically correct and slang-free. Remember, your business plan provides the first impression of you as a business person, so make it an accurate and professional representation of your capabilities and objectives. Now that you have the outline above for creating a business plan – don’t procrastinate! Get started today so that you’re one step closer to successfully growing your funeral home.About the Author: Tim [email protected] Bridgers joined Live Oak Bank in 2014 with over ten years of valuable business and entrepreneurial experience. Tim studied Mechanical Engineering at the University of North Carolina at Charlotte, Business at the University of North Carolina at Wilmington, and completed his Finance degree at Liberty University. This diverse education prepared Bridgers for success in sales, marketing, and management. Tim is a former business owner and developer of two successful companies, and understands the challenges business owners face. He is dedicated to assisting small business owners in the funeral industry become and remain successful. Learn more at liveoakbank.com/funeral
©2016 Live Oak Banking Company. All rights reserved. Member FDIC.
“Live Oak Bank changed my business altogether. Being able to consolidate debts and grow my
business made all the difference.”
Watch Steve’s story at liveoakbank.com/turner
ACQUISITION | REFINANCE | EXPANSION | SUCCESSION | RENOVATION
FUNERAL HOME FINANCING
Steve Turner Walker Mortuary, LTD.
Second Generation Funeral Director
This article is intended to provide general information and recommendations regarding risk prevention only. There is no guarantee that following these guidelines will result in reduced losses or eliminate any risks. This information may be subject to regulations and restrictions in your state and should not be considered legal advice. Qualified counsel should be sought regarding questions specific to your circumstances and applicable state laws. © 2016 Federated Mutual Insurance Company. All rights reserved.
18 FALL 2016
RISK MANAGEMENT CORNER
Employers may approach personnel
matters with the best intentions, but their efforts may be
derailed by outdated policies or lack of
best practices.
All businesses have a lot to consider with regard to human resources (HR) and risk management issues. On an average work day, a business may encounter dozens of HR-related issues. How the employer approaches those situations could put the business at risk for employment lawsuits and claims. Employers may approach personnel matters with the best intentions, but their efforts may be derailed by outdated policies or lack of best practices.
The implications for human resource-related errors can be considerable. Average judgments associated with poor HR practices can be monetarily devastating to a business, let alone the disruption they cause. Just defending claims of this type can cost a company a significant amount of money in attorney’s fees and legal costs.
It is important to consider all remedies to control the risk and costs associated with HR decisions. While insurance policies can offer protection from these costs, it also makes sense to safeguard your organization with pre-claim best practices and legal expertise to help strengthen your policies, practices, decisions, and actions. Many companies also need access to HR resources or second opinions to update or create new policies, or address new concerns or hot topics, such as workplace bullying.
The Federated Employment Practices NetworkSM (FEPN) provides Federated Insurance clients access to both online and phone assistance for employment-related practices. FEPN also provides Federated’s employment-related practices liability clients with access to independent attorneys who can
review employment law questions.
Make a plan
“Employment practices” is a broad term that covers hiring, firing, and everything in between. As an employer, you are undoubtedly aware of employees’ rights to file discrimination charges. However, you also should be aware of your right to protect yourself against this type of exposure. Having employment policies and procedures that have been reviewed by an attorney, and which are supported by consistent enforcement, can act as a safety net to protect your business from defense costs and business disruption. Complete and accurate documentation is an effective way to record events and procedures. Augmenting your employment policy with insurance designed to protect you from the costs of litigation can also help shield your business from expenses that could significantly cut into your earnings.
Not having a plan when it comes to “hiring, firing, and everything in between” could set you up for HR-related litigation. An effective employment policy isn’t a “nice to have,” it’s a “must have.” Planning, implementing, enforcing—these best practices work in tandem to help guide your business toward positive employment experiences while helping to deflect risk and exposure to avoidable litigation.
Some of the client services referenced are provided by third party organizations wholly independent of Federated, and are provided with the understanding that neither Federated nor its employees provide legal or other expert advice .
Could Your Employment Practices Cause You Trouble?By Federated Mutual Insurance Company
CFDA NEWSLINES 19
QUESTION: We have an employee on FMLA who is required to have an updated CPR certification for licensure purposes. As an employer, we outsource CPR vendors who come into our clinics to recertify employees. This employee is on maternity leave and fully released to return to work with no restrictions, however the employee is on her last weeks of child bonding. The employee wishes to come in to one of our clinics to recertify CPR. Should we allow the employee to take the CPR course even though the employee is on FMLA? Would we be violating the employee rights even though it’s the employee who wishes to attend the CPR course?
RESPONSE: If the employer agrees to it, we are not aware of any law that would prevent the employer from allowing the subject employee to voluntarily return to work for the CPR certification course prior to the conclusion of her Family and Medical Leave Act (FMLA) leave. It is up to the employer
to decide whether to require that she conclude her FMLA leave as of that time or resume the leave when the CPR training ends.
Employees who are eligible for FMLA leave and who seek to use it in connection with bonding with a newborn or newly-adopted child or a child placed in foster care can take as much leave, up to 12 weeks, as they so choose (assuming they have not previously utilized any FMLA leave in the same 12-month period). Leave must be provided continuously when it is taken for this purpose, but employers are not required to provide leave on an intermittent or reduced schedule basis for this reason unless the employer agrees to do so. Thus, if the subject employee is presently on continuous FMLA leave to bond with a newborn baby and is medically cleared to return to work, then if she would like to return to work to participate in the CPR class, we are not aware of any law prohibiting her from doing so. If she wishes to resume
whatever remaining FMLA she may have after the course completes, she can do so only if the employer agrees, because this arguably would be in the nature of intermittent leave under the Act (see page 52 at https://www.dol.gov/whd/fmla/employerguide.pdf). If the employer agrees to the arrangement, it should be cognizant of the precedent it is setting, as others may want – and expect – a similar accommodation in the future. (We assume from the inquiry this is the first situation of its kind. If it is not, the employer should follow its past practices to avoid discrimination and retaliation concerns here.)
As a best practice the employer should secure documentation from the employee indicating that it was her choice to return to work for the CPR class and that this is not something the employer forced or required her to do while she was otherwise on FMLA leave.
© 2014 Advisors Law Group, All Rights Reserved
Please make it home safe
today.
We believe you deserve more than just insurance. You deserve valuable risk management tools—like the “What is Important to You” distracted driving prevention program—designed to help you and your employees make it home safe today.
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