BYLAWS

Bylaws 

of the

Eastford Grove Cemetery Association, Inc.

 

The Eastford Grove Cemetery Association, Inc. (the “Association”) aims to honor the memory of those who have chosen its grounds as their final resting place, and is committed to providing a serene, attractive and contemplative setting for reflection by their family and friends.  The mission of the Association is to provide for the perpetual care of the grounds and the sustainability of the Cemetery.  

ARTICLE ONE – BOARD OF CORPORATORS 

The Eastford Grove Cemetery Association shall consist of a board of twenty (20) Corporators (“Board of Corporators”) composed of persons who own plots in Eastford Grove Cemetery (the “Cemetery”) or have an interest in the care of their relatives’ plots in the Cemetery.  Eligible individuals desiring to serve on the Board of Corporators will submit a letter of intent to the Board of Corporators.  In the event that the number of candidates exceeds the number of openings on the Board, preference will be given to candidates with backgrounds that can benefit the Board (e.g., legal, accounting, grounds keeping, management, etc.) or candidates with an exceptionally strong connection to the local community, until all openings are filled.   The Corporators shall represent the best interests of plot owners, serve as liaisons to the local community, and contribute to the on-going sustainability of the Cemetery. 

The Board of Corporators shall meet annually (its “Annual Meeting”) within the first three weeks of April to elect from their number a board of seven (7) trustees (“Board of Trustees”) who will provide day-to-day management of the Cemetery.  At such Annual Meeting they may approve nominees to fill any vacancies that exist on said Board of Corporators. 

All meetings shall be governed by Robert's Rules of Order.  Eight (8) members of the Board of Corporators shall constitute a quorum for the transaction of business.  Any Corporator who is absent from two (2) consecutive Annual Meetings and has failed to notify the President or Secretary prior to the meetings shall be dropped from membership.

No Corporator may accept any gratuity or gift for service to the Association.

ARTICLE TWO-- BOARD OF TRUSTEES

The Board of Trustees, as elected by the Corporators, is responsible for the direct care and day-to-day management of the Cemetery.  The Trustees thus elected shall meet at the conclusion of the Annual Meeting of the Board of Corporators for the Annual Meeting of the Board of Trustees to elect from their number a President, Vice President, Secretary, and Treasurer.  The three (3) remaining Trustees shall serve at-large.  At this same meeting, the Trustees shall appoint individuals to perform the duties of a Superintendent, a Recordkeeper, and two (2) Auditors, each to serve for a term of one year.  No Trustee or Corporator shall receive any salary or emoluments, except for salaries approved by the Board of Trustees for persons serving in the role of President, Superintendent or Recordkeeper.

The Board of Trustees shall meet within the month prior to the Annual Meeting of the Corporators to plan the agenda for the Annual Meeting, prepare a financial report of the prior year, and create and approve a budget for the coming year.  The budget for the coming year shall be presented to the Board of Corporators at their Annual Meeting for informational purposes only. 

The Board of Trustees is authorized to negotiate all contracts required for interment, care and maintenance of the grounds, and management of the Cemetery – such as grave digging, mowing, lawn care, and legal and accounting services.  The Board of Trustees is also authorized to manage the Association’s bank accounts and investments.

Four (4) members of the Board of Trustees shall constitute a quorum for the transaction of business.  

ARTICLE THREE—PRESIDENT

The President shall preside over the Annual Meeting of the Board of Corporators, and may call special meetings of the Corporators as required, or upon the request of a majority of the Board of Trustees.  Special meetings shall be convened by sending notice to each Corporator at least five (5) days prior to said meeting. 

The President shall preside over meetings of the Board of Trustees, and shall be the community’s contact person for the sale of Cemetery plots.  When a sale is made, the President shall issue a notarized deed to the purchaser.  The deed shall include the name and address of the purchaser, the plot number, the size of the plot, and the price.  The President will file a copy of the deed with the Eastford Town Clerk.  The President will also provide the purchaser with a copy of the Association’s Bylaws, and the Rules and Regulations of the Cemetery Association.

The President shall approve bills received and forward them to the Treasurer for payment.

In the absence of a Superintendent, the President, or designee, shall fulfill the duties of the Superintendent outlined in Article Eight.

ARTICLE FOUR – VICE PRESIDENT

The Vice President shall act in the absence of the President.  If a meeting is held in the absence of both the President and Vice President, the Secretary shall call the meeting to order and a president pro tempore shall be elected. 

ARTICLE FIVE – SECRETARY

The Secretary shall record the minutes of all meetings of the Board of Trustees and the Board of Corporators, and distribute a copy to each Corporator within fifteen (15) days, or prior to the next meeting, whichever comes first. 

ARTICLE SIX – TREASURER

The Treasurer shall keep a record of all monies received and all monies paid out, and shall make regular reports to the Board of Trustees, plus a year-end report on the Association’s finances to the Board of Corporators at their Annual Meeting. 

The Treasurer shall have authority to transact the ordinary financial business of the Association, such as receiving and depositing funds in a bank, and paying bills that have been approved by the President.  The Treasurer shall serve as the Association’s liaison for all external CPA services.

Signatory authority for financial transactions shall be given to the President, Vice President and Treasurer.  All matters involving the Association’s investments must be approved by a majority of the Board of Trustees.  The Association’s fiscal year shall be from April 1 to March 31.

ARTICLE SEVEN – AUDITORS

The Auditors, appointed from the Board of Trustees, shall audit the books of the Treasurer subsequent to March 31 of each year, and shall present a written report of their findings to the Board of Corporators at their Annual Meeting.  The Auditors shall also review the records of the Recordkeeper to confirm the records are up to date and meet the requirements of the Association.

The President and the Treasurer may not serve as Auditors.

ARTICLE EIGHT – SUPERINTENDENT

The Superintendent, together with the Trustees, shall be responsible for the care and custody of the Cemetery grounds.

The Superintendent shall report to the Board of Trustees and work at the direction of the President.  The Superintendent shall supervise all hired workers, and all work performed on the Cemetery grounds.  The Superintendent may also assist the President in the sale of plots, if so directed.

The Superintendent shall oversee all of the Association’s responsibilities during on-site services, including interfacing with the funeral director and family, supervising parking and the control of traffic, supervising the excavation and the refilling of burial sites, and overseeing the erection of monuments and placement of markers.

The Superintendent shall assist the Trustees in maintaining cemetery security and enforcing the rules regarding the placement of flags, plants and decorations.

The Superintendent shall be appointed at the Annual Meeting of the Board of Trustees and shall serve a term of one year.  The Superintendent position may be filled by an individual who is not a Corporator or a Trustee.  The Superintendent shall attend all Annual Meetings, and other special meetings as directed by the President.  At the Annual Meeting of the Board of Corporators, the Superintendent shall present a written report on all on-site activities of the previous year.

ARTICLE NINE – RECORDKEEPER

The Recordkeeper shall work under the direction of the President and shall assist the President in creating and maintaining an organized database(s) of all pertinent information required in managing the Cemetery, e.g., plot/space owners, purchase data, burial plot diagrams, required biographical information on persons interred, and accurate and up-to-date maps of the Cemetery.  The Recordkeeper shall also maintain the Association’s website and assist the President and Treasurer, as needed, in preparing financial reports and the annual budget.

The Recordkeeper shall be appointed at the Annual Meeting of the Board of Trustees and shall serve a term of one year.  The Recordkeeper position may be filled by an individual who is not a Corporator or Trustee.  The Recordkeeper shall attend meetings at the President’s request.

ARTICLE TEN – SALE OF NEW PLOTS

The Board of Trustees is authorized to map out, appraise and sell plots on the Association’s grounds for Cemetery purposes.  Legal residents of the Town of Eastford are eligible to become plot purchasers.  No tax is to be assessed or collected on plots sold to individuals.  Prior to the sale of a plot by the President, the President shall attempt to involve all of the Trustees in the decision, but may proceed with the consent of two (2) members of the Board of Trustees.  The Board may approve or reject the sale of individual plots/spaces based on their judgment regarding the best use of Cemetery space and individual circumstances.

ARTICLE ELEVEN – OWNERSHIP RIGHTS

The purchasers of plots acquire the privileges of burial and the fee simple of the plot(s) that they purchase. Ownership rights to burial plots or to burial spaces within a plot are limited to the right to bequeath or assign rights to the plot or space, to inter human remains in the plot or space, and to erect a monument complying with the Association’s Rules and Regulations regarding plots and spaces.  Plots/spaces may not be resold by the purchaser for any reason whatsoever.  The Association may buy back a plot/ space from a purchaser or his/her family in the event the plot/space is no longer needed.  The Association will pay only the amount of money originally paid by the purchaser less all concomitant costs that may be incurred as a result of the buy-back.  No interest monies of any kind shall be paid to the purchaser for any reason. 

ARTICLE TWELVE – CHANGES TO THE ASSOCIATION’S RULES AND REGULATIONS

The Board of Trustees may amend, add to, delete from, or modify the Association’s Rules and Regulations at any time and without notice.  Such changes will be effective until the next meeting of the Corporators of the Association, at which time continuation of the changes will be subject to review and approval by the Corporators.  If no action is taken by the Corporators, the changes will be considered approved.

ARTICLE THIRTEEN – CHANGES TO THESE BYLAWS

Any or all articles of these Bylaws may be annulled or amended at any authorized meeting of the Board of Corporators by a majority vote of the Corporators who are present.  Proposed changes shall be sent to each Corporator a minimum of fifteen (15) days prior to the meeting. 

ARTICLE FOURTEEN – DISSOLUTION OF THE ASSOCIATION

The corporation was organized for the exclusive purpose of providing for the perpetual care of the cemetery grounds, located at Route 198, Eastford, CT, for the benefit of its lot owners and their families.  The lot owners hold such lots for burial purposes and not for the purpose of resale.  No part of the income or assets of the corporation shall be distributed to, nor inure for the benefit of its officers, corporators, trustees, or any other persons.

Upon dissolution of The Eastford Grove Cemetery Association, Inc., its assets shall be turned over to the Town of Eastford, Connecticut and must be used exclusively for exempt purposes within the meaning of Section 501(c) (13) of the Internal Revenue Code.  Any such assets not disposed of shall be disposed of, by a court of competent jurisdiction in the county in which the principal office of the organization is then located, to such organization or organizations as the court shall determine.  All disposed assets must be used exclusively for exempt purposes within the meaning of Section 501(c)(13) of the Internal Revenue Code.

 Approved April 9, 2018

Comments