Details
 

04/20/2021

General Counsel

Ohio Funeral Directors Association | Columbus, Ohio

General counsel who will provide legal services for the benefit of the Ohio Funeral Directors Association (OFDA), its affiliated organizations and its membership, beginning January 1, 2022.

OFDA is an association serving nearly 1,000 member funeral homes throughout Ohio. OFDA is a nonprofit 501(c)(6) corporation and operates affiliates North Star Insurance Agency a for profit subsidiary, Ohio Funeral Education Foundation 501(c)(3), and OFDA Mortuary Response Foundation 501(c)(3). OFDA has an annual budget of approximately one million dollars and is governed by a fifteen (15) member volunteer Board of Directors, which meets four (4) times per year. OFDA employs seven (7) people. Administrative offices are located at 2501 North Star Road, Columbus, OH. OFDA’s mission is to represent and support their membership by promoting professional standards and excellence in funeral service.

The Candidate shall be readily available to perform the following legal services, as requested by the Executive Director and/or Board of Directors:

Board of Directors

• Prepare and submit Legal Report for Board agenda.
• Prepare and submit reports/recommendations on miscellaneous legal and regulatory issues.
• Attend meetings of the Board of Directors.
• Draft proposed amendments to OFDA Bylaws.

Preneed Master Trust Program

• Prepare and submit Legal Report for monthly meetings.
• Attend meetings of the Master Trust Committee.
• Update Master Trust contract forms to reflect legislative changes.
• Monitor and draft legislative changes impacting Ohio preneed and Master Trust issues.

State Advocacy

• Track funeral-related laws and regulations of other states that may be useful or have an impact in Ohio.
• Draft new legislation and regulations for OFDA to pursue in the General Assembly or with regulatory board.
• Draft testimony and correspondence to support legislative or regulatory efforts.

Member Hotline

• Respond to telephone and e-mail inquiries from OFDA membership on the following legal issues:
  • Right of disposition issues
  • Medicaid
  • Indigent disposition
  • Billing and collection issues
  • Employment issues
  • Preneed contract and payment issues
  • Miscellaneous legal and compliance issues
• Advise and e-mail/fax articles, legal forms, Ohio laws and regulations to members upon request.
• Monitor and respond to member inquiries on OFDA website chat room.

Presentations/Speaking Engagements

• Present Ohio Cremation Law workshop/webinar.
• Present overview of FTC Funeral Rule and Ohio preneed law at OFDA Apprentice Seminars.
• Present different legal topics at OFDA Convention when requested.
• Attend OFDA Convention.

Legal and Compliance Forms

• Draft and update legal and compliance forms for OFDA website and OFDA members.

Articles

• Periodically research issues impacting funeral service/small business in Ohio.
• Draft articles on legal and regulatory issues impacting Ohio funeral service.

Job Requirements

Only attorneys who are currently licensed to practice law in Ohio and maintain an office in Ohio, or law firms including such attorneys.

1. Legal Experience
   The Candidate should describe its legal experience, including the names, addresses, contact persons, and telephone numbers of at least three clients, preferably including clients similar to OFDA. Experience should include the following categories:
   1. Experience advising nonprofit organizations
   2. Experience advising clients and understanding of Ohio funeral related law and regulations
      
      
2. Organization, Size, Structure, and Areas of Practice
   If the Candidate is a firm, it should describe its organization, size, structure, areas of practice, and office location(s).
   
   
3. Attorney Qualifications
   The Candidate should have experience in the following areas:
   
   1. Nonprofit and tax-exempt organizations
   2. Ohio funeral related law and regulations
   3. Administrative law experience
   4. Effective creation and delivery of presentations, both in person and virtual
   5. Article and legal form development to support Ohio funeral related law and regulation
      The Candidate should describe the qualifications of attorneys to be assigned to the representation. Descriptions should include:
      
      • Professional and education background of each attorney
      • Overall supervision to be exercised
      • Prior experience of the individual attorneys with respect to the required experience listed above. Only include resumes of attorneys likely to be assigned to the representation. Education, position in firm, years and types of experience, and continuing professional education will be considered
4. Fee Structure
   The Candidate's proposed fee structure should include information on the hourly billing rates of each attorney or other legal staff who is expected to work on this representation and charges for expenses, if any, such as legal research, copies, and faxes. Also include a monthly flat fee that would be charged to advise on routine matters that could be handled over the telephone, email or otherwise without extensive research or other legal work. OFDA reserves the right to negotiate with the Candidate on the structure of the billing and/or retainer fee.

To apply: Please send cover letter and resume to attention of Melissa S. Sullivan, Executive Director, at melissa@ofdaonline.org

Deadline for submissions is 06/15/2021.

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