The Tulare Public Cemetery District’s governance may soon be taken over by the Tulare County Board of Supervisors.
The supervisors will vote at their regular meeting Tuesday, June 10 on a resolution to appoint themselves as Tulare Public Cemetery District trustees.
Jennifer Fawkes, Public Information Officer for the TCBOS said, “On Tuesday, the Board of Supervisors will hear a resolution of intent to appoint itself as the Board of Trustees for the Tulare Public Cemetery District.”
“This process provides the Board of Supervisors a chance to assess the situation,” said Fawkes.
Fawkes said that if the board votes to do so, they will proceed according to California’s Health and Safety Code 9026 that governs special districts, such as cemetery districts.
According to the code, a public hearing is to be called within 60 days of adoption of the resolution.
The resolution states:
WHEREAS, the Tulare Public Cemetery District (“District”) is currently governed by a board of trustees appointed by the Tulare County Board of Supervisors; and
WHEREAS, District staff and trustees of the District have reported being subjected to public harassment and threats of violence by members of the public, impacting the District’s ability to conduct public meetings and carry on the day-to-day activities of the District; and
WHEREAS, three of the five trustees of District tendered their resignations, leaving the Tulare Public Cemetery District without a quorum to continue orderly operations of the district; and
WHEREAS, California Health and Safety Code section 9026(a) authorizes the board of supervisors of the principal county to appoint itself as the board of trustees
for a public cemetery district;
“The California Health and Safety Code section 9026(a) authorizes the board of supervisors of the principal county to appoint itself as the board of trustees for a public cemetery district. This item is being brought forward to consider whether the Board of Supervisors intends to terminate the existing District Board of Trustees and appoint itself as the new Board,” stated the staff report.
If the resolution is approved, and after the required public hearing to gather community input takes place, the five supervisors will sit in as the five cemetery trustees.
Some level of action by the supervisors – whether it was to appoint new board members, or to go down this path – was required by the abrupt resignation of three cemetery board members and the possible cancellation of the cemetery’s Golden State Risk Management Authority insurance due to board instability.
Vice Chairperson Charlie Ramos, Secretary Patricia Hitlin, and Treasurer Michelle Lima submitted notices of resignation May 27 five days after a contentious cemetery meeting that was adjourned after mere seconds.
The staff report states, “The Tulare County Public Cemetery District is currently governed by a board of trustees appointed by the Tulare County Board of Supervisors. Three of the five trustees of the District tendered their resignations, leaving the Tulare Public Cemetery District without a quorum to continue orderly operations of the district. In addition, the Golden State Risk Management Authority (“GSRMA”) has informed the District that due to the instability of the District board GSRMA intends to terminate coverage, rendering the District unable to continue operations unless it can demonstrate board stability.”
The staff report added, “The Tulare County Public Cemetery operates under its own independent budget and fiscal management. Therefore, no fiscal impact is anticipated on the County’s budget.”
Cemetery activists and volunteers react
“I can’t believe the BOS would want to deal with the cemetery instead of just appointing three directors,” said Elaine Hollingsworth, founder of Caring Cause, a Facebook group dedicated to supporting the cemetery.
Trustee Xavier Avila had not been informed that the cemetery’s insurer was threatening to cancel their policy.
“The county may not have a choice about taking over. That’s extremely bad if we lose Golden State. If they won’t insure you, no one will.”
Chairperson Steve Presant, said without insurance the cemetery would have to close its gates.
Presant said he was informed by the district’s lawyer, Brian Hughes, that “Golden State Insurance wants a drastic change in the direction on the district and a decision needed to be made by the end of June.”
Presant was unaware the supervisors were discussing the cemetery at their next meeting, but agreed with the supervisors taking over the cemetery.
“I support it,” said Presant.
Vicki Gilson, a former cemetery trustee, said “I’m very pleased the Tulare County supervisors are taking action to help our cemetery district.”
History repeats itself
This is not the first time that the TPCD has experienced mass resignations or the loss of their insurance.
In September of 2017 the office manager, grounds manager, and a groundskeeper secretly quit along with the secret resignations of trustees Toni Chavez and Phil Vandegrift.
Former Trustee Patricia Colson openly resigned, but that left Trustees Phillip Deal and Vicki Gilson without a quorum and unable to conduct business.
In response, the board of supervisors hurriedly appointed Trustee Alberto Aguilar as a third trustee and the board was able to get back to work.
Then, in 2021, the cemetery came within hours of losing their insurance.
Allied World Specialty Insurance sent a “Notice of Cancellation of Insurance” to the district office on July 21, but cemetery trustees weren’t informed until August 30.
In an email to the trustees, the cemetery manager wrote, “As of September 1, 2021, we will no longer be covered under Allied World Specialty Insurance Co. (Walter Mortensen Agency). We are being non-renewed for 10/1/21 but they are canceling us early. Which means our coverage ends 8/31/21.” She added, “The insurer, Allied World Specialty Insurance, will not renew the district’s policy and even attempted to end it early due to “the risks with bad publicity and risks involved with our past management.”
By close of business on August 31, TPCD had managed to negotiate with Allied World Specialty Insurance to honor their original agreement and cover the cemetery through October 1.
Cemetery staff kept the insurance issue quiet while it was being worked on.
“I don’t know where that is coming from at all. I don’t know what information she (the concerned citizen’s elderly relative) was given, but we have long-term insurance, and we still have it from the same carrier that we had from last year. We have actually had them for a while,” Bernardo told a concerned community member at the time.
She continued by telling the concerned constituent not to worry about the cemetery’s insurance.
“It’s not an issue.”
The Tulare County Board of Supervisors meeting will be June 10, 9:00 AM in the Board of Supervisors Chambers at 2800 W. Burrel Avenue Visalia. Public comment is welcome.