- Question: Can a district reclaim and
sell interment rights to old gravesites that have not been used?
Answer: There is a procedure in the Health
& Safety Code, section 9069 that allows public cemetery
districts to seek abandonment of interment plots. At least 50
years must have passed since any portion of the interment plot
has been used for interment purposes. This is a legal procedure
which requires filing a petition to the Superior Court. Detailed
requirements are contained in the H&SC.
Question: Can a district require families to place
markers on interment sites?
Answer: H&SC section 9052 states that
a district may require that monuments or markers shall be placed
at interment plots and that a district may adopt minimum requirements
for the permanency of monuments or markers.
The unanswered question is how can a district enforce the requirement
for markers once it is adopted. Since districts cannot sell
markers, they would have to be purchased from an outside source,
usually after an interment has been made. This makes it difficult
if not impossible to follow through with the requirement.
Question: I am interested in applying for the Special
District Administrator Certification. Where can I obtain a record
of the CAPC seminars I have attended for the past 5 years?
Answer: The CAPC office maintains computer
records of attendance to all their programs since January 2000.
Attendance prior to that is available from the files in storage.
Question: The Health & Safety Code states that
the necessary expenses for each trustee for actual traveling
in connection with meetings or business of the board of trustees
shall be allowed and paid. How much per mile may be paid for
Answer: Although there is no set amount allowed,
most agencies set the amount at or below the current amount
per mile allowed by the Internal Revenue Service without reporting
with your income tax return. The current rate is $ .55 per mile.
Question: Is the district required
to provide a language translator at Board meetings?
Answer: The Ralph M. Brown Act, which governs
meeting requirements for all public cemetery districts, does
not require that a translator be provided.
Question: What are the requirements for a public cemetery
district to raise prices?
Answer: The prices charged are fees for services
and items provided. Prices may be changed by action of the Board
of Trustees. The action should be at during a meeting of the
Board and should be a action item on the agenda which has been
Question: By what date is a district required to adopt
Answer: In prior years it was required by
August 1st of the budget year. Effective January 1, 2004, H&SC
section 9070 requires that on or before August 30th of each
year, the board of trustees shall adopt a final budget, which
shall conform to the accounting and budgeting procedures for
special districts. The board of trustees shall forward a copy
of the final budget to the auditor of each county in which the
district is located.