New Prospect Cemetery Constitution/By-Laws/Trustees

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This is a sub-webpage of New Prospect Cemetery Association (NPCA), a non-profit 501(c)(3) organization maintaining New Prospect Cemetery on CR 371 two miles southwest of New Bloomfield, MO.

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New Prospect Cemetery Association CONSTITUTION

Article I
Name of Cemetery


Section 1. The name of the cemetery located in Section One (1), Township Forty-five (45) North, Range Eleven (11) West, in Callaway County, Missouri, (see Map) shall hereafter be known as the New Prospect Cemetery.
Article II
Name of Organization


Section 1. The name of the organization dedicated to the preservation and well-being of the New Prospect Cemetery will be the New Prospect Cemetery Association.

Section 2. All public announcements, stationery, and other means of designation shall carry this title.

Article III
Purpose


Section 1. The object of this organization shall be to unite in one local organization those persons who are interested in the upkeep and perpetual care of the New Prospect Cemetery.
Article IV
Membership


Section 1. The membership or voting power of this organization shall consist of those persons who contribute in any way to the upkeep and well-being of the cemetery.

Section 2. All members of the organization are entitled to vote.

Article V
Officers and Directors


Section 1. The officers shall consist of President, Vice-President, Secretary, and Treasurer.

Section 2. Each officer shall be elected for a term of one year at the Autumn biannual meeting. Officers may be elected for more than one term.

Section 3. There shall be three (3) directors, each serving a three-year term, the terms not to coincide. Thus, one director will be elected each year for a three-year term at the Autumn biannual meeting.

Section 4. In case of a vacant office, an officer or director shall be elected at the next regular meeting to serve out the unexpired term.

Section 5. The trustees of the organization shall consist of the elected officers and directors. The trustees shall be in full charge of the funds for the perpetual care and upkeep of the cemetery.

Section 6. The trustees shall be authorized to accept funds for the upkeep of the cemetery; to hold, purchase, and receive title to Real Estate and other property by device, gift, grant, or any other conveyance with power to mortgage or to borrow money, sell or convey any part, parcel or portion thereof when so directed by the organization at a regular meeting.

Article VI
Meetings


Section 1. Biannual meetings will be held on or near Memorial Day and Labor Day with the actual dates chosen by the membership. The biannual meetings will be used to transact business of the organization and work on the cemetery site.

Section 2. Regular elections of officers and directors will take place at the autumn biannual meeting.

Section 3. A quorum of not less than five (5) including one (1) elected officer and one (1) elected director shall be necessary to transact business.

Section 4. Less than a quorum may adjourn the business meeting to another date to occur within eight (8) months of the adjourned meeting.

Section 5. The fiscal year shall be from Jun 1st through May 31st of the succeeding year.

Section 6. The order of business at meetings shall be as follows:
  1. Determination of a quorum.
  2. Reading the minutes of the preceding regular meeting.
  3. Report of the President.
  4. Report of the Treasurer.
  5. Reports of the Directors.
  6. Reports of any Committees.
  7. Unfinished business.
  8. New business, including elections.
  9. Adjournment.
Section 7. In all meetings, each member shall have but one (1) vote. There shall be no voting by proxy. The vote of a majority of the members present and voting at a meeting shall be the act of the New Prospect Cemetery Association.

Section 8. A Special Business Meeting may be called by the President, or Vice-President, or a Director at any time, provided notice of such meeting be made known fifteen (15) days before the date thereof. All notices of special meetings shall state, in substance, the purpose for which the meeting is called, and at a special meeting no other business shall be transacted other than that set forth in the call. A quorum as set forth in Article VI, Section 3 will be required for business to be transacted.



By-Laws

Article I
Duties of the Officers and Directors


Section 1. The duties of the officers and directors shall be:
  1. To collect funds for the upkeep of the cemetery.
  2. To invest surplus funds.
  3. To hire the caretaker.
  4. To set the salary to be paid to the caretaker.
  5. To set up a Trust Fund for the perpetual care of the cemetery.
  6. To purchase equipment for the cemetery.
  7. To set a fee for the removal of excess earth from new graves or to supply additional earth for sunken new graves, to be paid through the Funeral Home by the family of the deceased.
  8. To see that all business is transacted in either of the two biannual meetings, or special meetings as described in Article VI, Section 8 of this Association's constitution. No business shall be transacted unless brought before such a meeting and voted upon by the members.
Section 2. Duties of the President.
  1. It shall be the duty of the President to preside at all meetings and to enforce all laws and regulations relating to the administration of the New Prospect Cemetery.
  2. He or she shall call meetings of the Association or of the Trustees of the Association when he or she deems it necessary, or when requested to do so by the Trustees, or upon written request of at least one-fourth (1/4) of the members for a meeting.
Section 3. Duties of the Vice-President.

In the absence of the President, the Vice-President shall have all the powers and prerogatives of the President.

Section 4. Duties of the Chairman pro tem.

In the event of the absence of the President and Vice-President from any meeting of the Association, one of the members present shall preside, provided at least two (2) Trustees are present.

Section 5. Duties of the Secretary.

The Secretary shall be responsible for keeping an accurate record of all the business meetings. All resolutions and proceedings of meetings, whether of the Cemetery Association or of the Board of Trustees, shall be entered in proper books by the Secretary and kept as permanent records of the Association meetings. The Secretary shall conduct all correspondence of the Association, shall issue all notices of meetings, and shall perform all duties pertaining to the office of Secretary. The Secretary shall give a reading of the minutes of previous meetings at each bi-annual meeting. No action of the Cemetery Association is legally binding until heard and approved at a regularly scheduled meeting.

Section 6. Duties of the Treasurer.
  1. The Trustees (officers and directors) shall have oversight and responsibility for the funds of the New Prospect Cemetery Association. They shall receive and invest the funds for the perpetual care of the New Prospect Cemetery and transfer any dividends or interest to the Treasurer of the New Prospect Cemetery Association at the time the dividend or interest is paid. The Treasurer shall make a report at each biannual meeting or other regular meeting of the organization.
  2. All moneys payable to the New Prospect Cemetery Association shall be paid to the Treasurer. All moneys payable by the Association shall be paid out by check signed by the Treasurer.
  3. The Treasurer shall have charge of receiving, banking and disbursement of all the funds. He or she shall keep a clear and accurate set of books and give a comprehensive report at the biannual meetings. The Treasurer shall be able to give an itemized report of receipts and disbursements when necessary or requested to do so by the organization or the Trustees. The books shall be open to inspection by the Trustees at a meeting of that group or to the Cemetery Association at one of its biannual meetings. No individual shall have the right to inspect the books without the consent of the Board of Trustees.
  4. The books of both the Treasurer of the New Prospect Cemetery and the Board of Trustees shall be checked annually by a committee appointed by the President. The book shall never leave the Treasurer except upon instruction from the Board of Trustees.
Article II

Section 1. Any person interested in the upkeep and welfare of the New Prospect Cemetery will be eligible to be elected as an officer or director.

Article III

Section 1. The Rules of Parliamentary Procedure as laid down in Robert's Rules of Order shall govern all meetings of the organization.

Article IV

Section 1. These By-Laws may be amended by a two-thirds (2/3) vote of the members present at any meeting, provided that notice of the said meeting shall have stated the amendment to be considered and that said notice shall have been given in the way and manner provided in these by-laws. No amendment shall become operative until filed with the Recorder of Callaway County.



New Prospect Cemetery Association president:
Charlotte Hockemeyer: Signature _ Charlotte Hockemeyer ; Date:__Oct 8, 2011__




New Prospect Cemetery Association Officers/Directors (November 2011 - October 2012)

President: Charlotte Hockemeyer:_ Charlotte Hockemeyer __

Vice-President: James Fleming: _ James Fleming __

Secretary: Teresa Brightwell: _ Teresa Brightwell __

Treasurer: R. Lynn Carrington: _ R. Lynn Carrington __



Director: Cookie Howley: _ Cookie Howley __

Director: Vernon Walther: _ Vernon Walther __

Director: Emily Kemp: _ Emily Kemp __




(Music: Erik Satie's "Gymnopedie I" for solo piano)


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This webpage last updated
10/11/2011