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Cemetery board pauses volunteer discount program after town lawyer questions eligibility
Summary
Fairfield Cemetery Board received a lawyer’s letter disputing whether a longstanding $50 discount for people who served on boards can be extended or applied as previously practiced; board will consult town attorney and defer any change until legal guidance is clear.
The Fairfield Cemetery Board on Jan. 6 paused implementation of a proposed discounted burial rate for people who have provided town service after receiving a letter from the town lawyer raising questions about the program’s legality.
Board members said a town-council vote about 15 years ago set a $50 price for eligible board members, and that the practice has continued. Speaker 2 said the council action “was a public meeting, and it was voted on, and it was set at $50 for this group of people.” The chair told members she had provided the mayor a list of town service members and that the mayor had subsequently sought clarification about how recipients would be chosen.
The lawyer’s email—received by the board the same day—stated that, if a discount was given, it would begin on Jan. 1 of the current year, prompting questions about retroactivity and whether the board has authority to expand eligibility. Board members agreed the town council has discretion to change eligibility and that the cemetery board should not unilaterally broaden the list of recipients. The chair said she and other members would ask the town lawyer to explain the historical record and the current legal position before any change is announced.
Why it matters: the discount affects who can purchase grave plots at reduced rates and could expose the town to claims if eligibility or recordkeeping is unclear. Board members emphasized they wanted to honor the prior council action while avoiding potential discrimination or inappropriate disbursements of public funds.
Board action and next steps: members asked staff to arrange a phone call or meeting with the town lawyer, and to send the mayor and the lawyer the list and background materials so the attorney can advise whether the discount can continue as applied, be extended to other residents, or requires a town-council action. Multiple members argued that if liability is low and the council’s intent was to promise those people reduced plots, the board should follow the earlier vote.
Votes at a glance
- Motion to approve prior meeting minutes (reference to 11/04/2025 meeting): moved by Speaker 3, seconded; board voted aye and approved the minutes. - Motion to adjourn: moved by Speaker 3, seconded by Speaker 2; board voted aye and adjourned at 7:40 p.m.
The board is awaiting the lawyer’s reply and will revisit discount policy at its next regular meeting.
