BYLAWS OF THE


 
CAMPBELL COUNTY
 
CEMETERY DISTRICT




ARTICLE I – GENERAL PROVISIONS


Name. The legal name of this organization shall be the Campbell County Cemetery District (hereinafter referred to as “the District”).


Purpose of the Bylaws. This document, identified as the Bylaws of the Campbell County Cemetery District, shall govern all activities of the District.  


Authority. The District has been established and granted authority to act pursuant to Wyoming Statutes §§ 35-8-301 et seq. and 22-29-101 et seq.


Objectives. The objectives of the District are to manage, operate, and maintain all cemeteries falling under its jurisdiction in a manner that will best serve the residents of Campbell County.


Governing Body. The District will be governed by a Board of Trustees in accordance with the provisions of these Bylaws.


ARTICLE II – BOARD OF TRUSTEES


Membership. The Board of Trustees (hereinafter referred to as “the Board”) will be comprised of six (6) qualified electors of the District.    


Elections.


Elections for all Trustee offices shall occur on the Tuesday following the first Monday in November in all even-numbered years in accordance with the Special District Elections Act of 1994, Wyoming Statutes §§ 22-29-101 et seq.


In accordance with Wyoming Statute § 35-8-305, only three seats will be filled at each election unless a seat not subject to election during such election cycle had been filled by appointment. In such event, the appointed seat must be open for election pursuant to Wyoming Statute § 22-29-202. However, the term of office for such seat will only be two years in order to stagger the seat elections in accordance with Wyoming Statute § 35-8-305.


There is no restriction on the number of terms that a Trustee may serve.


Oath of Office. Pursuant to Wyoming Statute § 22-29-118, all Trustees, whether elected or appointed, shall, within ten (10) days after notification of election or appointment, take the oath of office provided in Wyoming constitution, article VI, section 20, before an officer authorized to administer oaths. The Trustee shall also complete the written oath and without delay transmit a copy of the oath in writing to the Campbell County Clerk for the first election and to the Secretary of the District thereafter.


Term of Office. The term of office for each elected Trustee shall be four (4) years. The term of office for an elected Trustee shall be begin at the next regularly scheduled meeting following his or her qualification by the Campbell County Clerk.


Vacancies.


Definition of Vacancy. A Trustee’s office shall be deemed to be vacant upon the occurrence of any one (1) of the following events prior to the expiration of his or her term of office:


If for any reason a properly qualified person is not elected to a trustee’s office by the voters as required at a regular election;


If a person who was duly elected or appointed fails, neglects or refuses to subscribe to an oath of office;


If a person who was duly elected or appointed submits a written resignation to the Board and the resignation has been duly accepted by the Board;


If the person who was duly elected or appointed ceases to be qualified for the office to which he was elected;


If a person who was duly elected or appointed is found guilty of a felony;


If a court of competent jurisdiction voids the election or appointment or removes the person duly elected or appointed for any cause whatsoever, but only after his right to appeal has been waived or otherwise exhausted;


If the person who was duly elected or appointed fails to attend three (3) consecutive regular Board meetings without the Board having entered upon its minutes an approval for at least one (1) of those absences. This provision shall not apply to instances where failure to attend the meetings was due to a temporary mental or physical disability or illness;


If the person who was duly elected or appointed dies during his term of office; or


If declared vacant by the Campbell County Board of Commissioners upon the failure of the Board comply with Wyoming Statute § 9-1-507(a)(vii) on or before December 30 of that same calendar year, after notice is given as provided by Wyoming Statute § 9-1-507(j).


Filling of Vacancies.


A vacancy in a Trustee’s office shall be filled by appointment by a majority of the remaining Trustees. However, if a vacancy exists in a majority of the offices of director, or if a majority of the directors cannot agree on an appointment, then notice of the vacancy shall be given to the county commission by either a district director or district member. The county commission shall fill the vacancy within thirty (30) days of being notified or by the time specified in the principal act. If the county commission finds that a vacancy exists in a majority of offices of director or that a majority of the directors cannot agree on an appointment, the county commission may fill the vacancy by acting on its own motion without notice.


All appointments shall be evidenced by an appropriate entry in the minutes of the meeting at which the appointment was made.


An appointee to the Board shall serve until the next regular election.


The term of office of an appointed Trustee begins on the day the appointee accepts the appointment.


Resignation. A Trustee may resign at any time by submitting a written resignation to the Board.


Conflict of Interest Policy. Each Trustee shall sign the District’s Conflict of Interest policy and financial disclosure upon taking the oath of office and annually thereafter.


Compensation. No compensation shall be paid to the Trustees, including officers, for their services. However, for those Trustees whose permanent residence is outside the Gillette city limits, mileage for the attendance of meetings is authorized at the rate permitted by Campbell County for the travel by its officers and employees. Additionally, Trustees shall be allowed mileage and costs associated with District business conducted outside the City of Gillette.


ARTICLE III – OFFICERS


Offices. The officers of the Board shall be a President, Secretary, and a Treasurer.


President. The President shall call and preside at all Board meetings. The President shall also serve as the spokesman for the Board and shall be the only Trustee permitted to speak on behalf of the Board. In the event that the President is unable to serve as the spokesman, he may appoint the Board’s legal counsel or cemetery sexton, to serve as the spokesman for the Board.


Secretary. The Secretary shall: (a) keep the minutes of the proceedings of the Board; (b) see that all notices required by law are duly given in accordance thereto; (c) be the official custodian of the District records; and (d) in general perform all duties incident to the office of secretary and such other duties as from time to time may be assigned to him by the President or by the Board.


Treasurer. The Treasurer shall: (a) have charge and custody of and be responsible for all funds and securities of the District; (b) receive and give receipts for monies due and payable to the District from any source whatsoever, and deposit all such monies in the name of the District in such banks, trust companies or other depositories as shall be selected in accordance with the provisions of Article V.D. of these ByLaws; and (c) in general perform all of the duties as from time to time may be assigned to him by the President or by the Board.


Election of Officers.


The Board will elect officers each year.


On even numbered years, the officers will be elected by the Trustees at the first regularly scheduled meeting following the qualification of elected Trustees by the Campbell County Clerk.


On odd numbered years, the officers will be elected at the regularly scheduled November meeting.


In the event of an officer vacancy, an officer may be elected at any regular meeting of the Board.


The election of officers will be completed by secret ballot.


ARTICLE IV – MEETINGS


Regular Meeting Dates. Regular meetings will be held monthly on the first Wednesday following the first Tuesday of every month.


Types of Meetings. The Board may hold regular and special meetings, as set forth in Wyoming Statute § 16-4-404.


Special Meetings. A special meeting may be called at any time by the President or by any two (2) members of the Board.


Quorum. The quorum for meetings of the Board shall be a simple majority of four (4) members.


Action. Any action taken by the Board will require a simple majority vote of those present at a duly constituted meeting unless otherwise provided in these Bylaws or the laws of the State of Wyoming.


Agenda. Matters to be placed in the agenda shall be given to the secretary, or designated assistant, by 5:00 p.m., on the Monday prior to the meeting called on Wednesday. The Secretary, or designated assistant, shall prepare and distribute the agenda to the members at the scheduled meeting time. The Trustees have the option to consider and act on, or to reject, any matter not placed on the meeting agenda, providing the matter has not been brought to the attention of the Secretary, or designated assistant, in the proper time frame as stated above.


Public Meetings. All meetings will be open to the public, unless designated as executive sessions pursuant to Wyoming Statute § 16-4-405.


Attendance by Phone. Trustees may attend a meeting by telephone or other electronic means.


 


ARTICLE V – FISCAL PROVISIONS


Fiscal Year. The fiscal year observed by the District shall begin on the first day of July in each year and end on the last day of June in the following year.


Budget. The Board shall be responsible for developing an annual budget for the District. Said budget will cover all operating costs for the all cemeteries under the jurisdiction of the District.


Budget Hearing.


The Board shall annually hold a budget hearing prior to five (5) days following the third Thursday in July. However, the Board may choose to hold the hearing in conjunction with the Campbell County budget hearings if so advertised.


The Board shall arrange for and hold the hearing and provide accommodations for interested persons.


Copies of publications of hearings, including proposed budgets, shall be furnished to the State Department of Audit.


All Trustees shall make every reasonable effort to attend the budget meeting. All Trustees voting for approval of the budget shall sign the resolution adopting said budget, complete with any changes, alterations, or additions that the Board might have approved as a result of the hearing.


The amount of the approved budget shall be entered in the minutes.


Depository Banks. The Board shall annually designate its banks of deposit by minute action.


Public Funds Resolution. The Board shall be responsible to annually obtain a public funds resolution concerning the pledging of collateral security for deposit of public funds deposited in said designated banks of the District.


Investment Policy. It shall be the investment policy of the District that funds will only be invested in bank certificates of deposit or in other similar low-risk, restrictive investments. All investments must be approved by the Board. However, it will be the responsibility of the Treasurer to locate and research possible investment opportunities.


Reserve Fund.


A reserved fund may be established by the Trustees in the amount they deem reasonable.


The reserve fund shall be invested in certificates of deposit, money market accounts, or any other investment allowable under the state statutes and approved by the Board pursuant to the Investment Policy stated in Article V.F.


The reserve fund may be increased or decreased at any time by a two thirds (2/3) vote of all members of the Board, provided the Trustees have found the increase or decrease to be a good and justifiable reason which will benefit the District and the electorate of Campbell County.


Income.


The major source of income to the District will be a tax levy as authorized under the law. The levy shall not exceed three (3) mills for each assessed dollar of valuation.


Income by gifts, donations, or endowments may be accepted by the District, and they may be encumbered or unencumbered, as the donor so desires.


Written receipts shall be issued for all moneys collected. These receipts shall be duplicate pre-numbered forms.


Expenditures.


No expenditures will be made from the funds under the jurisdiction of the Board unless such expenditures conform to all state laws governing expenditures by a public body.


The Board shall make certain all vouchers contain a signed perjury certificate before it approves them for payment.


The Board shall not give credit, loans, or donations to or in aide of any individual except for necessary support of the poor.


ARTICLE VI – DISSOLUTION


Dissolution. The District may be dissolved pursuant to the provisions of Wyoming Statutes § 22-29-401 through 408.


Disposition of Assets. In the event that the District is dissolved pursuant to the aforementioned statutory sections, all surplus funds remaining to the credit of the District, after payment of all valid indebtedness, shall be transferred to the Campbell County Treasurer.


ARTICLE VII – BYLAW AMENDMENTS


Amendments. These Bylaws may be amended at any regularly scheduled meeting by a two-thirds (2/3) majority vote of all the Trustees provided that all of the Trustees have been given fourteen (14) days written notice of the proposed changes.


ARTICLE VIII – FILING OF BYLAWS


Filing. Upon approval by the Board, these Bylaws and any amendments thereto shall be promptly filed with the Campbell County Clerk pursuant to Wyoming Statute § 16-12-103.


Effective Date. The Bylaws, or any amendments thereto, will become effective upon the filing with the Campbell County Clerk.

 

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