In a message dated 10/31/2003 12:47:15 PM Central Standard Time,
ssilver1951(a)jps.net writes:
1) Change the law so that the cemetery commissions CAN "acquire" the
cemeteries.
Let me explain my concern a little deeper than what I did in my first post.
I know what everyone is wanting here, but here is why I don't think it will
work.
There is only branch of county government that can enter into agreements,
incur expenses for real estate or own property and that is the Board of County
Commissioners. Even an elected official such as Auditor, Clerk, Sheriff, etc.
cannot negotiate any type of land purchase or accept any real property on
behalf of the county. That responsibility rests solely with the commissioners.
So...what my original point was that if you want the county cemetery commissions
to 'take over' a cemetery, the legal wording would include that the cemetery
be deeded to the county, not the county cemetery commission and it would be
the commissioners that would have to approve the transaction. The last thing
any of us want is for some well intentioned county cemetery commission to go out
and accept property without the knowledge or approval of the county
commissioners and then have the commissioners hit the roof and disband the cemetery
commission or try to legislate the commissions out of existence. The commission
is just that...a commission. It has no authority under state statute and it
answers to the commissioners and the county council. There is no autonomy
written or expressed in the statutes when it comes to the county cemetery
commission. So my point is simply that if you want the county to end up owning these
cemeteries, then it will have to be proposed that it be deeded to the county
commissioners with their approval. Anything else will meet with fierce
resistance by the county commissioners..and even if worded like I suggest I would
imagine will still be opposed by that group. I think you're still better off
dealing with this on a township by township level. I wouldn't blame any township
trustee for wanting to unload their pioneer cemeteries onto their county
commissioners, and can see where some would stop maintaining those that they had
previously maintained for that very reason. Others would just not start
maintaining them. You could easily cause some cemeteries to have less care than
they were used to because you're taking a county-wide jurisdiction and dividing
money as to a township wide jurisdiction. The pie of money will eventually get
smaller and smaller as additional cemeteries are added, if they ever are at
all.
The more I think about this, the more problems I see. You think dealing with
a township trustee that doesn't give a hoot is frustrating, try dealing with
county commissioners that don't live in that township and give even less of a
hoot.
And besides...trying to oust a misguided trustee is a heck of a lot easier
than a county wide elected commissioner.
Just more of my rambling thoughts.
Kyle