Broadcaster Spring 2009

TABLE OF CONTENTS

What are Your Cemetery's Requirements Regarding Social Security Numbers and Other Personal Information? click here
President’s Message click here
Government & Legal Affairs Report click here
Webster Union Cemetery Wins Historic Landmark Award click here
Cemeteries Face Health Insurance Challenges in 2009 click here
New York State Legislative Amendments Concerning Employer Background Checks click here
Kensico Cemetery Provides Bluebird Safe Havens click here
“LEAN Management” Taught at Regionals click here
Spring Seminar click here
Local Author Recalls Green-Wood Cemetery History click here
Which state’s funeral director licenses are recognized by the State of New York? click here
Matthews Proudly Introduces Memories In Color click here
Disaster Preparedness Committee Report click here
NYSAC Cremation Comittee Update click here
Glory click here

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What are Your Cemetery's Requirements Regarding Social Security Numbers and Other Personal Information?
By: Collazo, Carling & Mish LLP

In furtherance of its goal to reduce the number of identity theft crimes, the New York State legislature recently amended the New York Labor Law by including provisions designed to ensure an employer’s responsible handling of employee social security numbers and other personal identifying information. N.Y. Labor Law § 203-d took effect on January 3, 2009 and it prohibits employers from doing the following:

1. publicly posting or displaying an employee’s social security number;
2. visibly printing an employee’s social security number on any identification badge or card, including a time card;
3. placing an employee’s social security number in any file with unrestricted access; and
4. communicating an employee’s “personal identifying information” to the general public.

“Personal identifying information” includes an employee’s social security number; home address; home telephone number; personal electronic mail address; internet identification name; internet identification password; parent’s surname prior to marriage; and driver’s license number. The law also prohibits the use of social security numbers as an identification number for purposes of any occupational licensing.

For knowing violations of these new provisions to the New York Labor Law, an employer may face a civil penalty of up to $500. A violation is presumed to be a “knowing” violation if the employer failed to implement policies and procedures to ensure compliance with the law, including procedures to notify relevant employees about the law.

If you have questions about this
or any other employment or labor matter,
contact your attorney or a member
of the NYSAC Labor Committee:
Key Taylor, Chairman kentaylor@green-wood.com
Jay Ivler j.ivler@mountlebanoncemetery.com
Andrew Nagle Andrew.Nagle@archny.org

President's Message
By the time you receive your Broadcaster, spring should be here and we can start preparing our grounds for Mother’s Day and Memorial Day. At this same time, we are all experiencing the worst economic climate that any of us can remember. That makes our NYSAC relationships more important than they have ever been. Besides the great conferences and publications like this Broadcaster, the networking and sharing of ideas and support among members will be more important than ever in dealing with these challenges.

This issue has coverage of the upcoming Public Affairs Seminar. Conference Chairman, Jay Ivler, has assembled an outstanding agenda that includes our regulators, lobbyists and the always popular “Ask the lawyer” sessions. Kevin Boyd and his committee have participated in maintenance seminars held in Suffern and Buffalo, and JoAnne Ryan and her committee have just concluded a Regional Seminar in Harriman that featured a roundtable discussion format for cemeteries to share and learn from each other.

The NYSAC Board of Directors met February 5th to review and approve the Association’s business. The Committees are all busy and working hard for all of us. Joe Dispenza and the Cremation Committee continue to work with the Division of Cemeteries regarding their new proposed Regulations and Model Cremation Authorization Form. You will receive an update when we meet in Albany May 4th and 5th. I thank our Officers and Directors, Committee Chairs and Suppliers for your dedicated support of NYSAC.

John P. Toale, Jr.
President

Government & Legal Affairs Report
The NYSAC Government & Legal Affairs Committee has started work on the legislative year. We have listed below the bills that will be introduced by NYSAC this session:

Abandoned Cemetery Maintenance by Cemetery Corporations – this bill would allow not-for-profit cemetery corporations access to the Vandalism and Abandoned Cemetery Fund when taking over an abandoned cemetery, as is allowed by municipal cemeteries or towns
Provide that any municipality may appropriate and provide funding, goods and/or services to a public cemetery corporation.

Regulations:
The Division of Cemeteries has drafted a “Cremation Authorization Form.” We are reviewing the draft and comparing it to the NYSAC draft form.
I hope all of our members and suppliers are having a good winter. We all look forward to a quick spring.
I look forward to seeing you in Albany.

Frank F. Giglio
Chairman

Webster Union Cemetery Wins Historic Landmark Award
Webster Union Cemetery in Webster, NY recently received the prestigious “Historic Landscape Award” from the Landmark Society of Western New York. The cemetery, located in the charming town of Webster, was established in 1824 and is one of the most historic properties in northeastern Monroe County. It is one of the oldest burial grounds in the area and is the final resting place of many of Webster’s most distinguished citizens.

Joanne B. Arany, Executive Director of the Landmark Society of Western New York said that “the cemetery is highlighted by its picturesque landscape with mature trees, distinctive stone-and-chain fence, and excellent maintenance of its historic features.” Arany said at the presentation ceremony that Webster Union was “being recognized for their exceptional stewardship of this remarkable property.”

The New York State Division of Cemeteries’ recent review found it in perfect condition and commended it for 25 consecutive years of outstanding care.

George Baker, President of the cemetery said, “I am proud to be associated with the great people on our Board of Directors- past and present- that have helped our cemetery reach this point. Even though it was me that received the award, the cemetery wouldn’t be what it is today without the exceptional Board that we have. I’d like to also give a special thank you to our superintendent Tom Anderson for his decades of hard work and outstanding dedication to our cemetery. This award encourages our Board to keep up the work that we have been doing and look for ways to make our cemetery even better for all.”

Congratulations to all of you!

Cemeteries Face Health Insurance Challenges in 2009
Health insurance and employee benefits rates are increasing again in 2009. Oxford and Empire have posted renewal rate increases of 12-18% for most groups but we’ve seen rate increases over 24% in the first quarter. These increases are hard to manage in a strong economy, never mind a downturn. At the same time, carriers are limiting the plans and coverage options they offer, which has resulted in the employee having to pay more each time they visit the doctor or pick up a prescription. This is not good for the employer or the employee.

Fortunately, there are options. GHI and HIP have merged to form EmblemHealth (www.emblemhealth.com). EmblemHealth has very good plan options and rates. Their network is the largest in New York and they are attracting new groups who’ve become dissatisfied with their current carrier. Some of their coverage highlights included $0 co-pays for dependent children and $0 co-pays for generic drugs. They offer a broad plan selection from HOM’s to EPO’s and PPO’s. Basically, they have something for everyone. Their target market is groups of 2-25.

With the health insurance market changing so rapidly, we’ve started to use Health Savings Accounts (HAS) and Health Reimbursement Accounts (HRA) to help employers/employees get the most out of their insurance coverage. We favor the HRA, as it offers a bit more flexibility in benefits and usage, but both the HAS’s and HRA’s are worth looking at for most groups. We’ve had great success with several of our clients using HRA’s and it’s a win-win for the employer/employee. Basically, an HRA offers the employee a debit card pre-loaded with a set amount (determined by the employer). This card is used for office or hospital co-pays or prescriptions.

For other employee benefit coverages (such as dental) rates are also increasing. Plan offerings haven’t changed much over the past few years, but most carriers are tightening the belt on paying claims. We’ve heard from employers and employees that dealing with some carriers can be difficult. It pays to ensure that you have the best combination of service/coverage/rate. SunLife (formerly Genworth) has a strong dental plan selection and offers a service guarantee that is unmatched in the business. Basically, if you are not happy, they will refund a portion of your premium to you. MetLife has also become a strong dental carrier, offering good rates and service. We’ve found that it pays to look around at all of your benefits to ensure you are getting the best combination of service/coverage rates for your group.

Kevin Regan handles health insurance and employee benefits at Regan Agency, Inc. For more information about health insurance, employee benefits, HAS’s and HRA’s, please contact Kevin at (631) 669-3434 x223 or kregan@reganagency.com.

New York State Legislative Amendments Concerning Employer Background Checks
By: Collazo, Carling & Mish LLP

The New York State Legislature has enacted several pieces of legislation designed to encourage the employment of rehabilitated convicts.

Effective February 1, 2009, New York state employers who conduct background checks of their employees must now post a copy of the New York Correction Law Article 23-A (“Article 23-1”) conspicuously, in a workplace location accessible to employees. N.Y. Lab. L. § 201-f.

The Legislature has also amended the New York General Business Law requirement that employers who procure investigative consumer reports on employees or candidates for employment provide certain information to these employees or candidates. The General Business Law prohibits persons from obtaining investigative consumer reports unless they first provide the individual to the procurement and receive an authorization from the individual to do so. The notice shall be in writing if a candidate for employment makes a written application, or may be oral or written absent a written application from the candidate. The notice shall inform the candidate or employee that: (1) an investigative report may be made on the employee; and (2) upon written request, he or she will be informed whether the employer requested the report, the name and address of the reporting agency, and that he or she may contact the agency to inspect and obtain a copy of the report. Effective February 1, 2009, if such report was requested as part of an employment offer, the employer shall provide to the employee or candidate a copy of the New York Correction Law Article 23-A in the notice. N.Y. Gen. Bus. L. § 380-c.

Article 23-A prohibits an employer from denying or acting adversely upon an application for a license or employment, or from reneging such license or employment if already held, because the individual has been previously convicted of one or more criminal offenses or because the employer finds that the employee lacks “good moral character” because of criminal convictions. The employer may, however, deny a license or employment to an applicant or renege those already held if: (1) there is a direct relationship between one or more criminal offenses and the specific license or employment sought or held by the individual; or (2) the issuance or continuation of the license or employment would constitute an unreasonable risk to property, safety, or welfare. Article 23-A covers any applicant or employee who has previously been convicted of one or more criminal offenses. A private employer means any person, company, corporation, labor organization, or association that employs ten or more persons.

In making these determinations an employer must consider several factors, including:
(1) New York’s Public policy encouraging licensure and employment of previously convicted persons;
(2) The specific duties and responsibilities related to the license and employment sought or held by the individual;
(3) The bearing, if any, the offense(s) will have on the applicant’s or employee’s fitness or ability to perform those duties and responsibilities;
(4) The amount of time elapsed since the conviction;
(5) The age of the person at the time of the offense(s);
(6) The seriousness of the offense(s);
(7) Any information produced by the individual regarding rehabilitation and good conduct; and
(8) The legitimate interest of the agency or employer in protecting property, safety, and welfare.
N.S. Correct. L. § 753. In addition, the employer shall consider a certificate of relief from disabilities and certificate of good conduct issues to the applicant, if any. Id. Any person previously convicted and who has thereby been denied a license or employment may request a written statement setting forth the reasons for the denial. This statement shall be provided within thirty days of the request. N.Y. Correct. L. § 754.
The New York Human Rights Law provides that there is a rebuttable presumption favoring the exclusion from evidence a prior incarceration or conviction in a case alleging negligent hiring or retaining if the employer reviewed the criminal record and made a good faith determination to hire or retain the individual. N.Y. Exec. L. § 296.
(This advisory is intended for informational purposes only and should not be considered legal advice.)

Kensico Cemetery Provides Bluebird Safe Havens
The Kensico Cemetery in Valhalla has become a safe haven for Eastern bluebirds. Six specially-designed bluebird nesting boxes have been placed throughout the cemetery and monitored for nesting pairs as part of a joint project with the Bronx River Sound Shore Audubon Society.

According to Sandy Morrissey, Director of the Bronx River Sound Shore Audubon Society, Kensico has the highest occupancy rate (80%) of all the locations in Westchester County where bluebird birdhouses have been placed.

Only a few decades ago, the Eastern Bluebird population had declined by 90% because of land development, pesticides, and aggressive non-native starlings, and the bluebirds were placed on the Audubon Society’s list of “Species of Special Concern” in New York State. This trend has been reversed because of steps taken by bluebird enthusiasts and the Audubon Society’s efforts to increase bluebird nesting options.

“Our relationship with the Audubon Society is just one example of Kensico working with local organizations concerned about preserving and protecting the beauty and native inhabitants of our shared environment,” said Chester S. Day, President of The Kensico Cemetery. “We have joined with the Westchester County Forester’s Office to help identify trees on the cemetery property. We have hosted outdoor educational seminars conducted for landscaping professionals by Cornell University, and sponsored gardening lectures for members of the Native Plant Center at Westchester Community College, and pruning and shrub care workshops for the general public.”
Plans are being made to increase the number of Eastern Bluebird birdhouses on Kensico Cemetery’s 460 acres as favorable grassy habitats are identified.

“LEAN Management” Taught at Regionals
By: Gino Merendino and Renee Cerami, Merendino Cemetery Care

On February 25th and March 2nd cemetery managers, supervisors and field personnel gathered in Suffern and in Buffalo, NY to look at “Lean Management” techniques with Gino Merendino of Merendino Cemetery Care. As the facilitator, Gino recently was awarded a $50,000 training grant and with the help of an industrial engineering college, adapted lean manufacturing to cemetery maintenance and training.

Invented by The Toyota Car Company and much like the name implies, Lean Management is a form of operating a business that is an efficient use of its resources: time, money and equipment. What is less understood and yet perfectly demonstrated at these workshops is that Lean is even more critical in improving the cemetery customer’s experience. Customer experience is defined as those sounds, feelings and memories folks get while attending a commemorative service or visiting a grave. Participants all agreed that a negative experience is detrimental to business and conversely a meaningful and memorable experience is very important for our customers.

Participants all agreed that in today’s economic environment, where trust funds are under tremendous pressure, pre-need sales are slumping, and cremation is surely competing against traditional burials, operating more efficiently is a top priority.

The workshops started in Suffern with a technique called, “The Million Dollar Funeral.” After participants identified the standard commemorative service process, they excitingly built the perfect funeral with pageantry, music, even a military helicopter. Interestingly enough, 70% of the ideas only required a minimal amount of extra effort on the staff’s part with little or no money.
The Buffalo workshop was just as fruitful. Participants identified dozens of typical wastes of time and money called “mudha.” Mudha is a Japanese term used in Lean Manufacturing to help employees root out things like errors, unnecessary labor and waiting time. This step by step process helps employees find resources to pay for enhancements to the customers’ experience so they will remember the experience as positive.

Hank Szymula, Jr., of Forest Lawn Group in Buffalo, won the $500 prize for his best idea of having a personalized, laminated sign grave side that identified the deceased, the funeral director and the date of death. This temporary memorial which helps guide people to the proper grave is later respectfully presented to the widow or other family member of the deceased.

Frank Morelli, of Green-Wood Cemetery in Brooklyn, won the $500 cash prize in Suffern for his idea of giving a small living tree keepsake to each participant of the commemorative service. In addition to Frank’s excellent presentation on monument restoration, he provided the quote of the day by declaring “Isn’t that what it’s all about? We are just trying to ease their pain.”

For further information about Lean Management techniques and workshops read Lean for Dummies by Natalie Sayer or contact the Jewish Vocational Services in NJ or The NJ Institute of Technology, Newark, NJ.

Spring Seminar
By: Jay L. Ivler, Mount Lebanon Cemetery

The 32nd Annual Public Affairs Seminar will convene the afternoon of Monday, May 4 and continue through the morning of Tuesday, May 5, at The Desmond Hotel in Albany.

The program will commence at 2:15 pm, Monday immediately following the 1:00 pm meeting of the New York State Cemetery Board. Following a brief introduction, the Cemetery Board members and counsel to the Board will join the director, assistant director, and staff of the Division of Cemeteries to discuss current regulatory issues including a session on surviving a Division audit. Cemeteries large and small, urban and rural will benefit from this informative program.

On Monday afternoon we will receive a report from the NYSAC Government & Legal Affairs Committee on statewide issues. National legislative and regulatory issues and industry trends will be discussed by the chairman of the ICCFA Government & Legal Affairs Committee.

A cocktail reception and dinner on Monday evening will complete the first day’s program.
At 8:30 Tuesday morning, May 5, the program will once again be dedicated to the ever popular and interesting “Ask the Lawyer” panel discussions. Attendees will be able to participate with other cemeterians, state regulators, and a panel of experienced cemetery counsels, in a wide-ranging discussion of legal issues that cemeteries face on a daily basis. This three hour morning session, which will conclude the seminar will touch on legal liabilities, corporate governance, labor law and issues relating to interments, disinterments and cremation.

Registration information will be mailed to members and is also enclosed in this publication. You can call the NYSAC office at 518-783-1134 if you have not
received it. Don’t miss this seminar.

Local Author Recalls Green-Wood Cemetery History
New pictorial history is a revealing look at one of NYC’s largest green spaces in Brooklyn

Green-Wood Cemetery is the new pictorial history book from local author Alexandra Kathryn Mosca. Through vintage photographs, Green-Wood Cemetery chronicles the cemetery’s rich history and documents how its tradition as a park and a popular tourist attraction continues, drawing 300,000 visitors annually.

The monuments captured in Green-Wood Cemetery read like a who’s who of American greatness and include the names of Leonard Bernstein, F. A. O. Schwarz, Charles L. Tiffany, Samuel Morse, and DeWitt Clinton, among others. A national historic landmark since 2006, Green-Wood is considered one of the preeminent cemeteries in the country and is a living display of the evolving funeral traditions of the city and America as a whole.

Author Alexandra Kathryn Mosca hopes “these illustrious Green-Wood denizens, famous and non-famous, many of whom have make substantial and indelible contributions to society, will live on through the pages of Green-Wood Cemetery.”

Highlights of Green-Wood Cemetery:
• The poignant and patriotic effort by Green-Wood Cemetery to identify and properly memorialize Civil War veterans who previously lay in unidentified graves
• Green-Wood Cemetery’s connection to modern day and the city’s school system
• The natural beauty of the land, along with Green-Wood’s stunning architecture
• The lives and deaths of numerous famous Americans and New Yorkers, some of whom were
instrumental in the country’s commercial development

Available at area bookstores, independent retailers, and online retailers, or through Arcadia Publishing at (888)-313-2665 or www.arcadiapublishing.com.

Which state’s funeral director licenses are recognized by the State of New York?
By: Jay L. Ivler, Mount Lebanon Cemetery

What do you do if a funeral procession arrives at your cemetery from out of state?

Can you accept their license for your paperwork, or do you need to require them to produce someone who can sign in with a New York State license?

Through its Bureau of Funeral Directing, the State Department of Health is responsible for the licensing of funeral directors and the registration of funeral firms. Licensing reciprocity with other states is addressed under §3426 of the Public Health Law. The statute gives the State Health Commissioner the discretion to recognize the funeral director license from the jurisdiction of another state.

We have requested a clarification of the New York State policy regarding this issue and have received the following response from Debbie Orecki, Director of the New York State Bureau of Funeral Directing.

New York State recognizes funeral director licenses from New Jersey, Connecticut, Massachusetts, and Vermont. The only contiguous state that it does NOT recognize is Pennsylvania. Therefore, any funeral director who produces a license from New York, New Jersey, Connecticut, Massachusetts or Vermont may proceed to sign-in and supervise an interment in your cemetery. Anyone producing a license from any other state may not proceed without the participation of a funeral director licensed or recognized by New York State.

Matthews Proudly Introduces Memories In Color
Matthews is excited to announce our newest addition to the Lasting Memories ™ Collection… Memories™ in Color. This new line can be seen at industry trade shows this spring.

Lasting Memories Montage Memorials are now available in full color with the same depth and intricate detail that only cast bronze can provide. This includes memorials, crypt fronts, niches and crypt plates, urns, keepsakes and many other popular items.

This new product is designed for the family that desires a truly special memorial tribute. Memories™ In Color Memorials are finished with Diamond Shield® Protective Coating to preserve the beauty of the bronze.

For more information contact your Customer Service Representative by calling 1-888-838-8890.

Disaster Preparedness Committee Report
Over the past twelve months, the NYSAC Disaster Preparedness Committee (Joseph Dispenza, George Baker, Kevin Boyd, Richard Fox, Richard Moylan, Valerie Newell, and Nathan Romagnola) has been included in the process via (Terry Joyce, Chet Butkiewicz or Joseph Dispenza) of creating and reviewing the New York State Department of Health Emergency Preparedness Committee work product known as “New York State Guidance County Mass Fatality Annex with Emphasis on Pandemic Influenza Preparedness January 2009”.

Additionally, the committee has received and has been asked to circulate to their local cemeteries the notice of regional training seminars that were held throughout New York State in January and February 2009. These full day seminars were designed to help all counties develop a comprehensive Mass Fatality Plan.

All cemeteries and crematories in the various counties were encouraged to attend as they will play a significant role in any mass fatality event or pandemic.

If anyone would like to receive an electronic copy of the 107 page “New York State Guidance County Mass Fatality Annex with Emphasis on Pandemic Influenza Preparedness January 2009,” please email your request to me at jdispenza@forest-lawn.com.

NYSAC Cremation Comittee Update
By: Joe Dispenza

The NYSAC Cremation Committee consisting of Joseph Dispenza, Kevin Boyd, J.P. DiTroia, James Huggins/Mike Austin, Jeff Reed, Ken Taylor, Joan Toale Jr., Andrea Vittum, and Dennis Werner have met multiple times via conference calls to review and make recommendations for adjustments to the State Cemetery Board’s Proposed Crematory Regulation 19NYCRR Part 203.

Additionally, the committee has reviewed and is currently working with the State Cemetery Board on a draft “model” cremation authorization form. It is important to note that the NYSAC Cremation Committee proactively submitted a model cremation authorization form based on the national and international model cremation authorization forms as created by the Cremation Association of North America (CANA) and the International Cemetery and Cremation Funeral Association (ICCFA).
If any NYSAC member would like an electronic copy of your committee’s aforementioned work product, please contact Joseph Dispenza at jdispenza@forest-lawn.com.

Glory
George Crockett Strong, a native of Vermont and an 1853 graduate of the United States Military Academy, held prominent positions during the Civil War on the staffs of generals Irvin McDowell, George McClellan, and Benjamin Butler. After distinguishing himself as a field commander, Strong, in July of 1863, was given command of a brigade at Morris Island, South Carolina. That brigade included the 54th Massachusetts Infantry, a regiment of black soldiers and white officers which would be memorialized in the 1989 Oscar-winning movie Glory.

On July 18, 1863, Strong ordered his soldiers to attack, advancing the six regiments of his brigade against Fort Wagner. However, Strong’s attack was repulsed with heavy loses. Strong had been shot in the thigh, but his wound did not appear to be serious and he was sent back to New York to recuperate. Sadly, he contracted tetanus and, on July 30, just twenty-nine years old, he died. Ironically, it was on that same day that the United States Senate confirmed his promotion to major general.

It was from Morris Island that one of the first shots of the Civil War had been fired by Virginian Edmund Ruffin towards Fort Sumter in 1861. It also was on Morris Island that Strong’s famous attack on Fort Wagner was launched. Though the land upon which Fort Wagner stood has been reclaimed by the ocean, the land around it on Morris Island, the launching point for several other historic bombardments, came very close to being developed for luxury homes in the last few years. But, this year, a coalition of groups, including the Civil War Preservation Trust, the State of South Carolina, the City of Charleston, and the Trust for Public Land, have purchased this hallowed ground and saved it for posterity.

Additionally, the Green-Wood Historic Fund and its preservation program have just completed restoration work on a portion of General Strong’s memorial at Green-Wood. The elaborate monument features cannon, a sword, eagles, and a column, all carved in marble. More than a century ago, Green-Wood’s first historian, Nehemiah Cleaveland, wrote that the Strong monument had been poorly constructed. Since then, several of the original eagles, placed on the corners of the lower part of the monument, have deteriorated badly. Frank Morelli, director of Green-Wood’s preservation program, created a mold to cast replacement eagles and they have just been installed. Their creation and installation has restored the glory of this memorial. It now, once again, serves as an appropriate tribute to Major General Strong, who gave his life in the service of his country.