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Constitution, Bylaws, and Rules & Regulations
as of April 10, 2018

Article I

Name, Objective and Organization

Section 1. The name of the Association will be Rutherford Cemetery and Columbarium Association, referenced in this document as ‘the Association.’  The grounds are located in Washington County in Stillwater, Minnesota on County Road 15 at the junction of County Road 12.

Section 2. The purpose of the Association will be to provide for burial and niching of the deceased and to perpetually maintain the cemetery and columbarium.  The mission statement is as follows:

Our mission is to honor the memory of those who have chosen our hallowed grounds as their final resting place.  We include people of all faiths and offer ground burials as well as a columbarium.  We are an all-volunteer, non-profit organization dedicated to the preservation of this lovely historic site.  To this end, we rely on individual and community support as well as donations.

Section 3. Members of the Association include the lot owners and their respective families.

Section 4. Bylaws may only be changed if they are published in the annual newsletter and voted on by members.

Section 5. The annual meeting of the Association will be held the second Tuesday of April.  The agenda for the meeting is published in the annual newsletter.  Additions to the agenda may be made at the meeting.

Section 6. The board of directors of the Association consists of twelve (12) people total, including President, Vice President, Secretary, Treasurer, Lot Salesperson, and seven (7) Trustees.  This group will be governed by the Constitution and Bylaws as approved by the members.  Officers and Trustees are exempt from any liability.  A member may be removed from their position by a board vote if they are absent more than fifty percent of the meetings annually.  The board of directors will meet semiannually, the second Tuesdays of March and October.

 

Article II

Non-Profit Declaration

Section 1. The Association is organized exclusively for non-profit purposes as a community service.

Section 2. Income from sales and donations will be used as follows:

  1. To pay ordinary and necessary expenses of operating, maintaining, and improving the cemetery.
  2. To secure additional cemetery property.
  3. To maintain a permanent care fund that provides a source of income for the cemetery operation. Twenty-five (25) percent of sales will be set aside in the permanent care fund.
  4. To pay a yearly stipend of $200 each to the Secretary, Treasurer, and Lot Salesperson.

 

Article III

Electing the Board and Member Voting

Section 1. Quorum: Nine (9) members will be required for a quorum at the annual meeting of the Association.  A quorum for meetings of the board shall be six (6).

Section 2. All members present at the annual meeting are eligible to vote on motions, elections and bylaws.

Section 3. A simple majority of votes cast by members will be required to carry a motion. In case of a tie, the President will make the final decision.

Section 4. Terms of office will be three (3) years.

Section 5. Officers and Trustees will be elected at the annual meeting.  Terms will be staggered.

Section 6. Officers and Trustees will be eligible for re-election when their term is complete.

Section 7. Positions that become vacant, which may occur by resignation or other circumstances, will be appointed by the President.

 

Article IV

Officers, Trustees and Their Duties

Section 1. Duties of the President:

  1. Preside at all meetings of members and at all meetings of the board of directors or appoint a designate as necessary.
  2. Appoint all committees and be a member ex-officio of all committees.
  3. Appoint two board members to review the financials with the treasurer in preparation for reporting at the spring board meeting.
  4. Lead the board in review of all insurance policies at the spring board meeting.
  5. Call special meetings as necessary.
  6. Attend the annual Minnesota Association of Cemeteries meeting or appoint a replacement and report back to members.
  7. Prepare the agenda for each meeting.
  8. Solicit and identify potential new board members to fill board vacancies.
  9. Perform any other duties pertaining to this office in the interest of the

Section 2. Duties of the Vice President:

  1. Perform the duties of the President in their absence.
  2. Chair the Grounds and Improvement Committee and appoint at least two (2) members to serve on the committee.
  3. List jobs and tasks to be completed by volunteers at the annual clean-up day in May. Call for volunteers as needed to complete cemetery grounds maintenance.
  4. Ensure materials, such as sod, seed and equipment are on hand to execute a desired project.
  5. Ensure graves are sodded within reasonable length of time after burials.
  6. Supervise lawn care company.
  7. Supervise any landscaping.
  8. Supervise any removal of trees.
  9. Supervise installation of markers or monuments.
  10. Solicit and identify potential new board members to fill board vacancies. Communicate name(s) to the President in writing.
  11. Perform any other duties pertaining to this office in the interest of the

Section 3. Duties of the Secretary:

  1. Keep written records of all meetings of the Association.
  2. Prepare all notices and agendas for meetings.
  3. Keep records of all burial and cremation permits.
  4. Maintain all Association insurance policies.
  5. Approve lot and niche location prior to final sales.
  6. Maintain cemetery burial and columbarium records and maps.
  7. Prepare and send out certificates and receipts for purchases of lots and columbarium niches.
  8. Maintain a list of veterans buried in and niched at Rutherford Cemetery as well as the names of member veterans.
  9. Maintain the Rutherford Cemetery website.
  10. Maintain the master member list with email and mailing addresses.
  11. Maintain the rutherfordcemeteryassociation@hotmail.com account and reply to or forward messages as needed.
  12. Maintain forms, list of vendors, and job duties of officers.
  13. Assist the President to determine the agenda and email it members.
  14. Send out email notices to members with meeting dates, grounds clean up notices, Memorial Day Services, and other member activities.
  15. Solicit and identify potential new board members to fill board vacancies. Communicate name(s) to the President in writing.
  16. Perform any other duties pertaining to this office in the interest of the

Section 4. Duties of the Treasurer:

  1. Receive all money for the Association.
  2. Keep an accurate record of receipts and expenditures.
  3. Pay all regular expenses as due.
  4. Pay other bills above $500.00 which must be approved by the board of directors.
  5. Preserve and file all papers relating to the financial affairs of the Association.
  6. Make a full report at annual meeting of amount, location and status of permanent care fund, receipts and expenditures of operating fund, and where and how it is kept.
  7. Have records open for inspection at all times.
  8. Pay for insurance policies of the Association.
  9. Work with donation volunteer to maintain donation lists, send thank you notes and deposit funds as requested.
  10. Coordinate an external audit to be completed once every three years; provide audit findings report at the next closest board meeting.
  11. Review accounts annually with at least two additional board members appointed by the President in preparation for reporting at the March board meeting.
  12. Solicit and identify potential new board members to fill board vacancies. Communicate name(s) to the President in writing.
  13. Perform any other duties pertaining to this office in the interest of the

Section 5. Duties of the Lot Salesperson:

  1. Meet with prospective buyers.
  2. Complete all purchase forms.
  3. Verify lot or niche location with Secretary prior to finalization of sale.
  4. Send completed forms to Secretary.
  5. Send payment to Treasurer.
  6. Locate grave or niche space and mark it, upon notification of a death.
  7. Approve size of cremains container.
  8. Contact gravedigger and make arrangements for the grave opening and closing. Open niche in columbarium.
  9. Attend funeral and receive paperwork from funeral home representative.
  10. Place a cement stone after burial to mark where the headstone will be installed.
  11. Solicit and identify potential new board members to fill board vacancies. Communicate name(s) to the President in writing.
  12. Perform any other duties pertaining to this office in the interest of the

Section 6. Duties of the Trustees:

  1. Assist in the development and execution of all Association rules and regulations.
  2. Support Treasurer in financial management.
  3. Assist officers in reviewing Association insurance policies at the spring board meeting.
  4. Assist in ongoing grounds maintenance and upkeep to ensure the cemetery is a respectful and orderly place.
  5. Perform ongoing future needs assessment and assist in implementation.
  6. Assist in the maintenance of accurate records and maps.
  7. Attend annual meeting and all board meetings.
  8. Solicit and identify potential new board members to fill board vacancies. Communicate name(s) to the President in writing.
  9. Perform any other duties pertaining to this office in the interest of the Association.

 

Rules & Regulations

  1. Lots
  2. Must be paid in full at the time of purchase.
  3. Opening and closing fees can be paid with purchase or at the time of interment.
  4. Fees
  5. The Association will assess a $25.00 transfer fee if a person sells (or gives) a lot to another person. The person receiving the lot is responsible for payment of the fee.
  6. Twenty-five (25) percent of the lot or niche fee is designated to the permanent care fund which is used to maintain and improve the cemetery.
  7. Headstones
  8. May be a monument or a marker.
  9. A monument is an upright stone.
  10. A marker is flush with the ground.
  11. Headstones must be installed within six (6) months of the burial.
  12. Headstones are placed at the west end of the lot.
  13. A single lot with a monument may be accompanied by two flat markers.
  14. Sizes of monuments and markers
  15. A monument for a single lot can be up to 26” high from its base and up to three (3) feet wide.
  16. A monument for a double lot may be up to four (4) feet wide.
  17. Footings
  18. All monuments require a footing. The footing will extend a minimum of four inches beyond the upright stone on all sides.
  19. A monument may be accompanied by a planter.
  20. If a planter is to be used, a hole must be drilled into the footing to accommodate it.
  21. The planter hole must be drilled by the monument company when ordering the monument.
  22. Burials
  23. Casket vaults are required for full body burials.
  24. Vaults are not required for burial of cremains. The top of the container shall be no less than 18 inches from ground surface.
  25. Two cremains vaults or three urns will be allowed per burial lot.
  26. Two cremains burials are allowed above a full body casket in a lot.
  27. Columbarium
  28. The columbarium is located on the east side of the cemetery.
  29. The purchase of a niche may allow for two cremains.
  30. The size of the cremains container must be approved by the Lot Salesperson.
  31. Purchase includes a plaque on the front with names, birth and death dates.
  32. Grounds
  33. Only live plants in stands that are drilled into the base are allowed. Plant stands already installed are exempt.
  34. No artificial flowers, decorations, solar lights, or hanging planters allowed.
  35. No pots or other decorations may be placed on the ground.
  36. The Association reserves the right to remove any of these items.
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