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President's Letter:
Paul Elvig
Paul M. Elvig, ICCFA president for 2007-2008
Advice from a former state bureaucrat
For those of us who are current affairs addicts, this issue, with its focus on government and legal affairs, is an exciting one. For those bored by government and legal affairs, this is a must read issue. Our industry constantly interfaces with the activities of government and the many facets and aspects of the legal system. We can't afford to ignore this fact.
Bureaucrat: The first reactions to this word can be anything from a groan to "they're good people." Just who are "they"? Having been a bureaucrat myself, I've seen the system from both sides. In the mid-'80s, I served as president of the National Cemetery Regulators Association, getting to know "bureaucrats" throughout the country on a personal basis.
So just what should the relationship be between the regulator and the regulated? Are we mortal enemies? I would suggest not. Most agencies that regulate our industry are made up of career government employees not familiar with the nature of our work. They may know us only to the extent that death has touched their families. But most are eager to learn about what we do as well as to look after the interests of consumers.
Treating a regulator in a hostile or surly manner is counterproductive. Funeral directors, cemeterians and cremationists need to get to know those who regulate them well enough to become credible sources of information for them. If your regulatory agency is authorized to process consumer complaints, you should be most eager to assist in resolving complaints in a timely and fair manner.
Many of us forget that bureaucracies play a critical role not only in enforcement but also in the development of laws and regulations. Legislative staffers look to bureaucrats for information. While employed in state government, I often was asked by legislative staff to defend products, provide commentary on trust law and characterize industry integrity. Friend or foe-consider which is better for you and your business.
Ethics regulations today often rule out even buying a cup of coffee for a state employee, so Dutch treat lunches are most likely the extent of social contact you might have. Inviting regulators to your state convention or to regional meetings can be extremely worthwhile. It allows for an open flow of information. What's the latest rule, interpretation or application? You benefit by hearing about it, while the regulator benefits by learning who and what we are.
Let's not be strangers in the world of state government. We should seek to be appointed to boards and commissions, to be on gubernatorial advisory committees and to be available as expert witnesses in the legislative process. Regulations created in a vacuum only assure negative results for all involved. In testimony on behalf of the ICCFA before the U.S. Senate Special Committee on Aging, I pointed out that states are best suited to regulate our industry. The better state and regulatory agencies and their bureaucracies know us, our services and goals, the better for all involved.
If you are reading this column, you are most likely an expert in our industry and one worthy of being listened to. I urge you to seek an audience of those who will have a profound impact on the future of funeral and cemetery services as we know them.
Paul Elvig
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