MINUTES

August 16, 2016

1400 West Washington, Basement Conference Room B-1

MEMBERS PRESENT: John Munden, President

James Ahearne, Secretary

Kristina Dyrr, Member

Reverend William O. Smith, Member

Samuel Bueler, Member

Harold Adair, Member

MEMBER ABSENT: Jack Peterson, Member

STAFF PRESENT: Rudy Thomas, Executive Director

Gary Hendrix, Licensing Administrator

Patricia Keith, Programs & Project Specialist

ATTORNEY GENERAL’S OFFICE:

Thomas Raine, Assistant Attorney General

Mona Baskin, Assistant Attorney General

CALL TO ORDER

John Munden called the meeting to order at 9:00 a.m.

I. CALL TO THE PUBLIC

J. Rocklin Duffy requested the Board to review licensing procedures for fingerprint card completion. The Board did not respond to his request.

II. MINUTES

Board member James Ahearne motioned to approve minutes of July 19, 2016. Motion seconded by Board member Samuel Bueler. Motion passed unanimously (6-0).

III. LICENSING

By motion and second, and motion carrying, the following actions occurred relative to applications for licensure subject to the conditions noted:

NAME / TYPE OF LICENSE / ACTION / MOTION BY / SECOND BY
*Cesar Dominguez / Funeral Director / Approved 6-0 / Ahearne / Bueler
*Jill M. Caldwell / Embalmer / Approved 6-0 / Ahearne / Bueler
*James K. Veal / Embalmer / Approved 6-0 / Ahearne / Smith
*William S. Lowman, Jr. / Funeral Director / Approved 6-0 / Ahearne / Bueler
*Andrea M. Handley / Funeral Director / Approved 6-0 / Ahearne / Bueler
*Michelle Kinyon / Embalmer / Approved 6-0 / Ahearne / Bueler
*Serenity Mortuary Services Inc. / Establishment / Approved 6-0 / Ahearne / Bueler
*Best Funeral Services, Inc-North Central Chapel / Establishment / Approved 6-0 / Ahearne / Bueler
*Mark Markham / Salesperson / Approved 6-0 / Dyrr / Bueler
*James E. Gonzales / Salesperson / Approved 6-0 / Ahearne / Smith
*Kenneth Militano / Salesperson / Approved 6-0 / Ahearne / Bueler
*Emily Regis / Intern / Approved 6-0 / Ahearne / Bueler
*Sara Becker / Intern / Approved 6-0 / Ahearne / Bueler
*Kelsey L. Gonzales / Intern / Approved 6-0 / Ahearne / Bueler
*Briana B. Hughes / Cremationist / Approved 6-0 / Ahearne / Smith
Jaelee M. Smith / Cremationist / Approved 6-0 / Ahearne / Smith

ATTENDANCE:

*Cesar Dominguez did not attend the Board meeting.

*Jill M. Caldwell appeared before the Board.

*James K. Veal appeared before the Board.

*William S. Lowman, Jr. appeared before the Board.

*Andrea M. Handley appeared before the Board.

*Michelle Kinyon appeared before the Board.

*Anthony Cerullo, Owner appeared before the Board

*Raymond Perlman, Owner appeared before the Board.

*Mark Markham appeared before the Board.

*James E. Gonzales appeared before the Board.

*Kenneth Militano appeared before the Board.

*Emily Regis appeared before the Board.

*Sara Becker did not attend the Board meeting.

*Kelsey L. Gonzalez appeared before the Board.

*Briana B. Hughes appeared before the Board.

*Jaelee M. Smith did not attend the Board Meeting.

IV. DOCKETS:

Docket 2016-10 Initial Interview Universal South Mountain Mortuary- Present before the Board was Responsible Funeral Director JoAnn Miguel and owner Manuel Villelas III. The complainant did not appear. Following discussion and deliberation Board member James Ahearne motioned to dismiss the docket. Motion seconded by Board member Sam Bueler, motion passed 6-0.

Docket 2015-08 Formal Hearing Darrin Harper Harper Funeral Home- Present before the Board was Darren Harper Funeral Director/Embalmer and Attorney Anthony Salvador. Complainant Patrick Harrell was present via conference call. Stan Stobierski Funeral Director/Embalmer and owner of formally known as Harper Funeral Home and Scott Willson former manager of Harper Funeral Home. Following discussion Board member James Ahearne motioned to accept the Findings of Facts as stated in the Notice of Order and Hearing. Motion seconded by Board member Reverend Smith. Motion passed 6-0. Following additional discussion Board member Krystina Dyrr motioned to revoke the Funeral Directors and suspend for sixty days the Embalmers and Cremationist license of the respondent. Additionally a Letter of Censure to be prepared for both Embalmer and Cremationist license. The Board also order respondent to complete three hours of Continuing Eduation in both Ethics and Law which is to be approved by Executive Director Thomas prior to initating course material. Board further directs Respondent to prepare a letter to be published in the Annual Report regarding intergrity, trust and expectation of financial responsibility. This paper should discuss how the respondents actions reflect upon the industy and expectations from the public. Additionally, the paper will include the paramount necessity of complete honesty in all transactions. In terms of civil penalties the motion included $1,000 per violation for a total of $8,000 to be paid within 180 days of the order. Lastly Administrative costs are to be paid by Respondent which includes the cost of the investigation, and court reporter. This amount to be paid pending receipts from court reporter. Motion seconded by Board member Harold Adair. Motion passed 6-0. Board member James Ahearne motioned to have the investigative report sent to the Department of Insurance and to the Attorney General’s office for further investigation. Motion seconded by Board Member Harold Adair. Motion passed 6-0

EXECUTIVE SESSION

Board President John Munden motioned to enter Executive Session for Formal Hearing at 11:16 a.m. Board resumed Formal Hearing at 11:55 a.m.

V. Executive Directors Report

Executive Director Thomas informed the Board of the acquisition of a two person refrigeration unit by Flagstaff Crematory mandated by the Board.

Executive Director Thomas also advised Board that June 1st of 2017 is the scheduled date of a move of the offices from 1400 W. Washington to another location, possible 1740 W. Adams. Additionally, a meeting held by Arizona Department of Administration stated that no statutes or rules would be amended and that Board members would remain. The Board will be kept apprised.

VI. ADJOURN

Board member James Ahearne motioned to adjourn at 12:31 p.m. Motion seconded by Board member Hank Adair. Board was unanimous. (6-0)

2016 BOARD MEETING SCHEDULE

January 19, 2016 / May 17, 2016 / September 20, 2016
February 16, 2016 / June 21, 2016 / October 18, 2016
March 15, 2016 / July 19, 2016 / November 15, 2016
April 19, 2016 / August 16, 2016 teleconf. / December 20, 2016

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Rodolfo Thomas

Executive Director

APPROVED BY:

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John Munden, President Harold Adair, Member

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James Ahearne, Secretary Reverend William Smith

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Kristina Dyrr, Member Samuel Bueler, Member

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