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Wymore council will investigate cemetery board’s claim to independent authority
Summary
Members of the Wymore Cemetery Board told the council they were an independent association with authority under state statutes; the city attorney said the cemetery property is city-owned, found no county record of a required election, and will investigate further while the council requested budgets and invoices from the board.
Wymore — Representatives of the Wymore Cemetery Board told the city council on Dec. 4 that the board operates as an association and asserted that state statutes gave the association full control of cemetery operations. City Attorney Andy Carothers said he has visited the county clerk’s office and found no record of an election that would have been required after transfer of property to the city; he also noted the cemetery’s Articles of Incorporation are on file with the county clerk. Carothers said he will investigate the legal status further and asked City Clerk Janet Riensche to check what is on file at the City Office.
Pam Gerdes, Lawrence Mallam, Samantha Thomson and Joellyn Wittmus (all present from the Cemetery Board) said the board is an association and presented two state statutes they said support the board’s control. Carothers said the city owns the property and that the council needs documentation for expenditures and budgets; Council member Max Allen said the City needs invoices for cemetery expenditures and emphasized the request is for proper financial channels, not an attempt to seize control of the cemetery.
Council did not make a final legal determination at the meeting and directed Attorney Carothers to investigate and report back; the clerk was asked to locate city records relating to the cemetery.
What’s next: City Attorney Carothers will research records and statutory requirements and report findings to the council; the council requested copies of the cemetery board’s budget and invoices.
