“Dedicated to promoting the development of Public Cemetery Districts and Public Cemetery governance through cooperative and interactive communication, education, and legislative advocacy.”
ARTICLE 1. GENERAL PROVISIONS
Section 1. 1 - PURPOSE
These policies and procedures of the California Association of Public Cemeteries are to define policies and procedures and not a part of the association bylaws.
Section 1.2 - ADOPTION
The policy and procedures will be adopted by a majority of the Board of Directors at any regular board meeting.
Section 1.3 - CHANGES, ADDITIONS & AMENDMENTS
Changes, additions and amendments to the policy and procedures may be submitted for adoption at any regular board meeting.
ARTICLE 2. ORGANIZATION and DUTIES OF THE BOARD OF DIRECTORS
Duties of Board members shall be to attend all board meetings and serving on committees as appointed. Missing three unexcused meetings will be cause for removal from the board of directors. Unexcused absences shall mean those absences not excused by the president prior to the board meeting.
Section 2.2 – OFFICERS
The term of office for the President, Vice President, Secretary/Treasurer shall be for one year or until their successors are elected. They may be re-elected to serve for a second year.
Section 2.3 - ORDER OF PROCEDURE AT MEETINGS
Meetings of the Board of Directors shall be conducted by the presiding officer in a manner consistent with the By-Laws and Policies of CAPC and best practices.
Section 2.4 - AGENDA
The president, in cooperation with the executive director, shall prepare an agenda for each regular and special meetings of the Board of Directors. Any director may call the president or the executive director and request any item to be placed on the agenda.
Section 2.5 - MINUTES OF BOARD MEETINGS
The executive director and the Association secretary or designee are responsible for keeping minutes of all regular and special meetings of the Board. Copies of the minutes shall be mailed to the Board members as part of the agenda 30 days prior to the next regular Board Meeting. Official minutes of the regular and special meetings of the Board are kept at the CAPC office. Motions and resolutions shall be recorded as having passed or failed, and when necessary individual votes will be recorded. All resolutions adopted by the Board shall be numbered consecutively starting at the beginning of the fiscal year.
Section 2.6 - OFFICIAL RECORDS
Official records of CAPC, Inc. will be maintained at the Association's office.
Section 2.7 - BOARD COMPENSATION FOR EXPENSES
Directors' expenses when representing CAPC, as authorized by the board, are reimbursed for actual expenses incurred. Authorized, mileage will be reimbursed at the minimum rate allowed by the Federal Internal Revenue Service. Directors' expenses for attendance at regular meetings are not reimbursable, with the exception of attendance at the annual planning meeting where mileage, room and reasonable meal costs will be paid by the Association for the board member only.
ARTICLE 3. ASSOCIATION COMMITTEES
Section 3.1 BUDGET
The Budget Committee has the responsibility to develop the annual budget based on:
- Historical Data
- Anticipated Income
- Anticipated Expenditures
The annual budget includes:
- General operating fund – balanced revenues vs. expense.
- General operating reserve fund – maintain a minimum reserve of 50% of the current year general operating budget.
- Restricted funds:
- Education - in accordance with by-laws, Article III, Section 3.4
Expenditures shall support authorized educational programs.
- Legislative - in accordance with by-laws, Article III, Section 3.7
Expenditures shall support authorized legislative programs.
- Scholarship - in accordance with by-laws, Article III, Section 3.9
Expenditures shall support authorized scholarships.
Section 3.2 BY - LAWS/POLICY
The By-laws/Policy Committee of the California Association of Public Cemeteries has the responsibility of performing the following functions:
- Review all By-laws to determine if the by-laws are current.
- Compare all By-laws to the Associations' Policies and Procedures, searching for duplication of jobs and tasks.
- At the request of Association President, write and review any changes to By-laws that might be necessary.
- Following all reviews, present all changes to the Board of Directors for their approval and amendments.
- Following approval and amendment of Association Board, present all changes to general assembly for ratifying vote.
- Any other functions which might fall within the scope of reviewing by-laws.
The Policy Committee makes recommendations to the full Board as to new or additional policies as needed, following the annual reviews.
The Policy Committee, at the request of the Board President, will review any proposed policies to be presented to the Board of Directors for action.
When Policy needs to be interpreted, the Policy Committee will do so and then forward their interpretations and recommendations to the Board of Directors for action.
Section 3.3 CONFERENCES/ SITE SELECTION
With the approval of the Board of Directors and the assistance of the Executive Director, the Conference Committee shall plan, organize and direct the Annual Conference which will include the following:
SITE SELECTION Gather data for potential sites for annual conference taking into consideration:
- Facilities meeting areas to accommodate attendees and vendors (approx. 6,000 sq, ft.).
- Availability of audio/visual equipment & any other necessary special items.
- Meal & Room costs (must be affordable to the members).
- Accessibility by public transportation and/or average driving time.
- Present for approval to the Board of Directors.
Coordinate with Vendor Committee regarding needs of participating vendors.
- Consider annual budget when planning hospitality events for conference and area meetings.
- Entertainment should be appropriate and in good taste.
Section 3.4 - CSDA LIAISON
The President or appointed designee shall represent CAPC at California Special District Association Board of Directors and Legislative Committee meetings. Expenses for attending these meetings will be budgeted annually.
The CAPC Liaison shall, as soon as practical, submit legislation updates and other information of interest to this Association and its members to the CAPC Executive Director.
Section 3.5 - EDUCATION
Under direction and approval of the Board of Directors, the Education Committee shall plan, schedule and organize and direct the education programs of the Association, which shall include but not be limited to, seminars, workshops, educational publications and such other education needs as deemed appropriate by the Board of Directors. They will obtain speakers with consideration of costs and the relevance of speaker's presentation.
Section 3.6 - INSURANCE/ BENEFITS
The insurance/benefits committee shall, on a regular basis, review programs available to Association members and provide information as deemed necessary for dissemination.
Section 3.7 – INVESTMENT
Pursuant to the conditions and restrictions as provided herein, the investment committee shall have full authority for the investing and re-investing of Association funds. The investment committee shall be subject to the Prudent Person Rule and shall exercise reasonable care, skill and caution in performing its duties. The Committee shall make a minimum of quarterly reports to the board.
Objectives: 1. Safety 2. Liquidity 3. Yield
All funds invested by the Committee shall be insured by the Federal Deposit Insurance Corporation or be backed by the full faith and credit of the United States Government.
Any proposed investment that does not meet these criteria must be approved by the President before the funds can be invested. The Executive Director of the C.A.P.C. shall be an ex-officio member of the Investment Committee and, with the approval of the Chairman, will invest and monitor Association funds.
At the designated time that investments mature, the executive director shall determine if monies are required for the general fund and may request the chairman authorize the earnings from the investment or the entire amount be transferred to the general fund.
Section 3.8 – LEGISLATION
The Legislation Committee shall monitor and advise the Board of Directors in regards to all legislation as adopted in the current legislative platform. An annual amount shall be budgeted for this. Emphasis on initiating legislation with input from association members shall be stressed.
The CAPC Legislative Committee shall maintain an open line of communications with the Public Cemetery Alliance (PCA) Legislative Committee. The CAPC Legislative Committee shall include a liaison from the PCA Legislative Committee. All PCA liaison expenses for attending meetings, etc. shall be paid by CAPC.
Legislative Platform (Adopted 4/26/2002)
The CAPC Legislative program is dedicated to promoting legislation and regulation that supports or enhances the operations of all Public Cemetery Districts in the state of California.
The CAPC Legislative program will actively support revisions to the California Health and Safety Code specifically or any California Code generally that benefit operations of public cemeteries.
The CAPC Legislative program will actively oppose revisions to the California Health and Safety Code specifically or any California Code generally that restrict operations of public cemeteries.
The CAPC legislation program will actively support/oppose legislation pertaining to cemetery operations and interests supported/opposed by the California Special District Association.
Actively Support or Initiate:
- Legislation that returns/caps Educational Revenue Augmentation Fund (ERAF) revenues shifted from local government agencies to schools.
- Legislation that exempts or initiates action that could result in exemption of public cemetery districts in further ERAF shifts.
- Legislation that prevents any future shift/loss of tax revenues.
- Legislation that allows construction and use of mausoleums.
- Legislation that allows the selling of memorial markers.
- Legislation that expands the use of undeveloped land.
- Legislation that simplifies and removes unclear language from the California Health & Safety Code.
- Legislation to increase Trustee compensation.
- Legislation that initiates any future shift/loss of tax revenues
- Legislation that forces consolidation of public cemetery districts or merging into cities or counties.
- Legislation that would make public cemetery districts directly accountable to the state (i.e., Department of Consumer Affairs) or their respective county or city.
Priority one: Fully support or opposition legislation; could include lobbying in Sacramento and at legislators' home offices, CAPC letter writing campaign, legislative alerts to districts, testifying at committee hearings in Sacramento.
Priority two: Could include CAPC letter writing campaign and legislative alerts to districts.
Priority three: Writing letters from CAPC.
Priority four: Watch.
Section 3.81 MENTOR PROGRAM
PROGRAM: The CAPC Mentor Program designates selected association members as mentors to trustees, managers, secretaries and other district employees.
PURPOSE: To provide assistance to public cemetery districts by sharing knowledge and experience of local government agencies, cemetery operations, time and money savings techniques, personnel issues and other related areas within the limits of the mentor's expertise.
MENTOR SELECTION CRITERIA:
- Manager, Trustee or Secretary in position for 5 years or more. Must be currently in position.
- Must be current with Ethic Training.
- Must have District Board of Trustee’s written approval.
- Must attend at least one CAPC meeting per year, with emphasis on Annual meeting.
- Mentors are encouraged to obtain additional training by attending the CSDA Special Districts Leadership Academy and other governance courses offered by CSDA, the League of Cities, community colleges, etc. Manager Mentors are also encouraged to seek certification as "Special District Administrators" through the Special District Leadership Foundation.
- Serve at the will of the President of the Board of CAPC.
The California Association of Public Cemeteries and its Board of Directors are not responsible for any action brought against districts as a result of information provided by the Mentor Program.
Districts with technical and legal situations beyond the scope of the mentor should be advised to seek professional assistance from the appropriate agency or professional.
Section 3.9 - SAFETY
The Safety Committee is responsible for the Associations' safety program which may include but is not limited to:
- Offer safety workshops/lectures at area meetings and annual conferences.
- Submit safety articles for publication in the CAPC quarterly newsletter.
Section 3.10 - SCHOLARSHIP
The Scholarship Committee shall publicize the scholarships available for the membership and actively solicit applicants.
Scholarship will be offered for the CAPC annual conference and for the annual education/area meeting, which may include payment for:
Maximum of 2 lunches
3 nights lodging
Registration, meals and lodging are prepaid by CAPC.
Section 3.11 – VENDOR COMMITTEE
The vendor committee, in conjunction with the Conference Committee and with the approval of the Board of Directors, shall coordinate and plan Vendor participation at Association meetings.
Section 3.12 - NEWSLETTER EDITOR
The Association's Executive Director along with the Newsletter Committee shall be responsible for a minimum of one Newsletter per quarter to be published.
Section 3.13 - PARLIAMENTARIAN
The Parliamentarian shall be appointed by the President to assist in the interpretation of parliamentary procedures.
Section 3.14 - ELECTION BOARD
The Election Board shall have full charge of all details of the election. This committee shall consist of the Nomination Committee chair and two members from the Association general membership.
The polling area will be in a designated area separate from the meeting room. The President shall give each voting member a ballot after they have signed an affidavit to vote for their district. Only one vote per district is allowed and the poll will not be open until after the candidate's forum. After voting the member will put their ballot in a ballot box which will be overseen by a member of the election board.
The polls shall be open during the time stated on the conference agenda. Election results will presented to the President who will announce the vote decision prior to closing the meeting.
Section 3.15 - SPECIAL COMMITTEES
The President may appoint Special Committees as deemed appropriate for the benefit of the Association.
Section 3.16 – Media Committee
During the event the Media Committee will provide to each award recipient a letter of congratulations.
The Media Committee shall take pictures at the Annual Conferences and Ed/Area Meetings.
ARTICLE 4 - ACCOUNTING
Section 4.1 - Treasurer
The Treasurer shall keep or cause the Association's appropriate staff to keep adequate and correct accounts of the properties and business transactions of the Association, including accounts of assets, liabilities, receipts, disbursements, gains, and losses. The books of account shall at all times be open to inspection by any Director or member of the Association.
The Executive Director shall mail a financial report to the budget committee monthly and to the Board of Directors quarterly.
The Executive Director along with the Treasurer shall prepare or cause to be prepared by the October Board Meeting the annual Association budget to be submitted to the Board of Directors. The Treasurer will be responsible to work with other committee chairpersons to include their budget requests into the annual budget.
Section 4.2 - Real Property
The Treasurer shall cause the appropriate staff to maintain a list of all real property with a value of over $100. This list shall be updated as real property is purchased.
Section 4.3 - Receiving/Depositing Remittances
The Treasurer shall cause the appropriate staff to open the mail and to prepare and maintain a "Receipt Log" of all moneys received by the Association.
The Treasurer shall cause the appropriate staff to prepare bank deposits and deposit all moneys of the Association and other valuable in the name and to the credit of the Association as designated by the board of Directors.
Section 4.4 - Preparing Checks
The Treasurer shall cause the appropriate staff to prepare checks for disbursements, mail or distribute checks, file paid bills, and record checks in "Disbursement Journal".
Section 4.5 - Signing Checks
The Treasurer shall develop and keep current a list of persons who are authorized by the Board of Directors to sign checks.
Section 4.6 - Reconciling Accounts/Post General Ledger
The Treasurer shall cause the appropriate staff to view the daily "Receipt Log"; compare the "Receipt Log" with the "Account Receivable" and "Deposit Slips"; perform bank reconciliation; and maintain the "General Ledger." The Treasurer shall from time to time review the "General Ledger."
Section 4.7 - Annual Review/Audit
The Treasurer shall, after the close of each calendar year of the Association, cause an annual review of the financial condition of the Association to be done. The review report will be given to each Director and placed on the Board agenda for acceptance.
Section 4.8 - RECORDS
Section 4.8.1 - Mailing lists
If appropriate, the CAPC membership mailing list (as mailing labels) will be sold for five hundred ($500) dollars to non-members and fifty ($50) dollars to members.
Section 4.8.2 - Records Retention
It will be a general policy that a conservative attitude will be exercised in the destruction of Association records. Records not permanently retained will be kept 10 to 50 percent beyond the minimum State Controller's guidelines period to assure compliance with applicable legal requirements as well as to meet reference needs of the Association. Below is the Records Retention Schedule to be followed (generally, two (2) years beyond the five (5) year guideline minimum has been provided):
RECORDS RETENTION SCHEDULE
(Use period of comparable items for any records not specifically covered below)
Accounts payable ledgers or schedules - Permanently
Accounts receivable ledgers of schedules - Permanently
Audit reports of accountants - Permanently
Bank reconciliation's - 7 years
Cash books - Permanently
Charts of accounts - Permanently
Checks (canceled, but see exception below) - 7 years
Checks (canceled, for important payments keep attached to corresponding documents) - Permanently
Contracts and leases (expired) - 7 years
Contracts and leases still in effect - Permanently
Correspondence (general) - 3 years
Correspondence (legal and important matters only) - Permanently
Depreciation schedules - Permanently
Duplicate deposit slips - 7 years
Employee personnel records - Permanently
Employment applications: Hired - Permanently
Not Hired - 7 years
Financial statements (end of year, other months optional) - Permanently
General and private ledgers (and end of month trial balances) - Permanently
Insurance policies (expired) - 7 years
Insurance records, currently accident reports, claims, policies - Permanently
(miscellaneous) - 7 years
Inventories of materials and supplies - 7 years
Invoices to members - 7 years
Invoices from vendors - 7 years
Journals - Permanently
Minute books of directors, bylaws, charter - Permanently
Notes receivable ledgers or schedules - Permanently
Payroll records and summaries - Permanently
Petty cash vouchers - 7 years
Prior to destruction, the Board of Directors will authorize destruction of those records that are in accordance with above Records Retention Schedule.
ARTICLE 5 - PUBLIC INFORMATION
Section 5.1 - Newsletters
CAPC will publish a CAPC Newsletter as specified by the Board of Directors. CAPC members (one copy for the district office, each individual board member, sustaining member and each honorary member) will receive the newsletter as part of their dues. All non-member public cemetery districts will not receive a newsletter.
Section 5.2 - Public Education’s
The Association is committed to undertaking programs which educate the public policy makers and the general public on the role of cemetery districts in California's local government structure.
Section 5.3 – E-Mail
CAPC will provide e-mail access on the Internet for the purpose set forth in the Articles of Incorporation and in Article II of the CAPC Bylaws.
ARTICLE 6 - PURCHASING PROCEDURES
Section 6.1 - General
The requisition and purchase of all items or services required by the Association shall be made in such a way as to provide the maximum benefits to the Association with minimum expenditure. This will require that purchases be made in economical quantities with uniform quotations and bidding by suppliers wherever possible.
It is contemplated that most purchases will be provided for through approval of the annual budget. Any item not provided for in the annual budget will require approval by the Board of Directors prior to purchase except for items deemed to be of urgent necessity by the Executive Director.
Section 6.2 - Purchasing Authority
All purchases to be made by an internal accounting system with appropriate information and authorization.
Shipping receipts to be signed and dated by the individual receiving the material; as long as the cumulative line item encumbrance with payment of the invoice does not exceed the line item expenditure limit in the budget.
Section 6.3 - Purchasing Limitations
The Executive Director is authorized to pay invoices for budgeted items in a timely manner.
ARTICLE 7 –MEMBER DUES, FEES & CHARGES
Section 7.1 - CAPC membership dues are calculated on the basis of each district's total number of annual interments. Membership renewal notices will be mailed out annually. (Prices effective 1/1/2012)
|Interments per year
|1 - 10
11 - 25
26 - 50
51 - 100
101 - 200
|| 201 - 300
301 - 400
401 - 500
501 - 600
Sustaining member dues - $ 175.00
Section 7.2 – Fees for quarterly newsletter advertisement is as follows (Effective 07/11/2016):
ARTICLE 8 - CALIFORNIA ASSOCIATION OF PUBLIC CEMETERIES CRITERIA FOR AWARDS
Section 7 - Honorary Membership
Any individual who has performed outstanding service in the interest of public cemeteries, benefiting public cemeteries statewide in the State of California, and has been an active member of CAPC for at least five years attending most meetings and functions, will be eligible for appointment to honorary membership to this organization.
Section 8.1 – CAPC will recognize individuals at the annual conference who have preformed outstanding service in specified areas.
Section 8.2 - Cemeterian of the Year
The Cemeterian of the Year award may be given to any active corporate member of the Association who has held an active membership and displayed continued interest in the Association for at least six (6) years, and who meets at least three of the following criteria:
Shown outstanding leadership in the Association through committee work, committee chairperson, or served as an Association Board member for at least four (4) years.
- Accepted responsibilities and performed services over and above the normal in an Association program.
- Introduced new ideas or practices with successful and effective results within the Association.
- Has continually maintained high professional standards.
- Outstanding contribution in preparation of Association supporting materials such as brochures and procedures manuals, or contributions to a recognized publication regarding the Association or the cemetery industry.
- Introduced a new idea, activity or concept benefiting the Association or the cemetery industry in general.
- Exhibited outstanding qualities in the cemetery profession as well as exceptional personal achievements in home and community.
Section 8.3 - Ruben Siemens/Wayne Byington Award
This award shall be presented to an active CAPC member who has demonstrated extraordinary dedication to the Association, maintained high professional standards, assisted others within the Association and exemplifies the spirit of the public cemetery profession.
Award recipients shall be determined by the vote of a committee appointed by the President.
Section 8.4 - Trustee of the Year
This award will be given to a trustee who has been nominated by his/her district for exceptional performance on behalf of the cemetery district. A committee appointed by the president will select the winning recipient.
Areas to be considered for the award are:
- Commitment of time and energy to working with others to improve and enhance their district.
- Developed new approaches, methods and systems to improve organizational effectiveness.
- Demonstrated imagination and creativity in finding solutions to problems and fostered changes that have benefitted their district.
- Developed a plan to achieve excellence within their district.
The nominee shall have served on a board of a public cemetery district for not less than four (4) years or one (1) full term, and is currently serving as a Trustee or recently retired within the past 12 months.
Any CAPC member district may submit a nominee from their district for consideration by the Awards Committee.
Section 8.5 - Manager of the Year
This award will be given to a manager who has been nominated by his/her district for innovative costs savings, beautification of the cemetery, etc. A committee appointed by the president will select the winning recipient. Areas to be considered for the award are:
- A manager who has gone above their job description to understand and meet the immediate as well as underlying needs of their district.
- Act as role model, displaying a positive and professional image at all times.
- Does whatever it takes to accomplish a task.
- Demonstrates a commitment to providing a positive, supportive and welcoming environment, brining out the best in other individuals recognizing the potential in every employee.
- An individual that understands the financial concerns of their cemetery district and continually has ideas to keep expense down, and at the same time allow their district to continue to improve, grow and expand.
The nominee shall have served as a district manager for not less than two (2) years, and is currently serving as a Manager or recently retired within the past 12 months.
Any CAPC member district may submit a nominee from their district for consideration by the Awards Committee.
Section 8.6 - Presidential Service Award
The Presidential Service Award may be given to a corporate or sustaining member for an exceptional contribution to the Association or for outstanding service to the Association. Criteria for this award may be any one of the following:
- Performed an outstanding job as an Association committee chairperson.
- Performed an outstanding contribution towards conducting an Association program or activity.
- Outstanding contribution in preparation of Association supporting materials such as brochures and procedures manuals, or contributions to a recognized publication regarding the Association.
- Introduced a new idea, activity or concept benefiting the Association or public cemeteries in general.
This award will be given by the President of CAPC.
ARTICLE 9 - ASSOCIATION MEMBERSHIPS
Section 9.1 - Liaison with other State and Out-of-State Associations
CAPC President and appointed staff member(s) will liaison with other state association representatives, as the Board of Directors deems appropriate.
Revised - 07/11/2016