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California Association of Public Cemeteries
FAQs
  1. Can a district reclaim and sell interment rights to old gravesites that have not been used?
  2. Can a district require families to place markers on interment sites?
  3. 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?
  4. 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 travel?
  5. Is the district required to provide a language translator at Board meetings?
  6. What are the requirements for a public cemetery district to raise prices?
  7. By what date is a district required to adopt its budget?
  1. 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.

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  2. 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.

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  3. 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.

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  4. 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 travel?

    Answer: Please refer to the IRS web site for the current mileage reimbursement rate.

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  5. 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.

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  6. 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 properly published.

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  7. Question: By what date is a district required to adopt its budget?

    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.