ARTICLE I

 

Section 1. Full Legal Name of the Organization

The name of this organization shall be the St John Lutheran Cemetery Association (located at W7512 St Johns Church Road; Clintonville, WI 54929 in the Township of Belle Plaine).

 

 

Section 2. Nature of the Association

The St John Lutheran Cemetery Association is a non-stock, non-profit organization (501(c)13. Its activities shall be limited to (1) owning and selling lots for burial purposes and (2) maintaining the sold and unsold lots and the roads in a suitable state of upkeep and repair. The earnings of the St John Lutheran Cemetery Association shall be used only (1) to pay the ordinary expenses of operating, maintaining, and improving the cemetery and (2) to provide a reasonable reserve for ordinary and necessary purposes directly related to the operation of the cemetery. No part of the net earnings of the Association shall be to the benefit of any individual.

 

 

Section 3. Purpose of the Association

The St John Lutheran Cemetery Association exists to maintain and preserve land to be used exclusively as a cemetery.  In addition, the Association is responsible for preserving and enhancing the Cemetery’s heritage as well as maintaining its historical records.

All graves shall be kept in accordance with the rules and regulations adopted by the Trustees, consistent with laws of the State of Wisconsin, and shall not be used for any other purpose than as a burial place of human remains only.  The Wisconsin Department of Safety and Professional Services (WI-DSPS) (state statute chapter 157) has jurisdiction over the St John Lutheran Cemetery Association.  All rules and regulations adopted by the Association shall conform to the WI-DSPS regulations.

 

 

ARTICLE II

 

Section 1. Membership

Shawano County residents owning a lot or burial space, or any direct descendent (living in Shawano County) of a person owning a lot or burial space in St John Lutheran Cemetery, is eligible to be a member of St John Lutheran Cemetery Association and shall be entitled to one vote at meetings of members of the Association.

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ARTICLE III

 

Section 1.  Board of Trustees

The Board of Trustees shall consist of a minimum of seven, and a maximum of nine, persons who are approved by majority consent of the current members of (1) the Association and (2) the Board of Trustees.

Individuals interested in serving on the Board of Trustees must hold a valid membership in the Association.  The Board reserves the right to deny a Board position to an applicant in the event that the Board deems the applicant’s presence to be detrimental to the proper functioning of the Board or Cemetery or if the applicant’s service on the Board would pose a conflict of interest.

 

Section 2.  Election

The property, business, and affairs of St John Lutheran Cemetery Association shall be governed by a Board of Trustees elected at the annual meeting of the members of the Association or appointed to fill vacancies as needed. They will conduct the regular business of the association at meetings called by the Chairperson and are required to review changes annually. The Board of Trustees shall be elected from the membership.

The nine members of the Board are elected at the first election for terms as follows:  Three to be elected for one year, three for a period of two years, and three for a period of three years.  Thereafter, as their terms of office expire, their successors shall be elected for periods of three years each. 

 

The annual public election of Trustees shall be held in August, at the annual meeting, with adequate public notice being provided for at least two weeks prior to the meeting.  The Secretary-Treasurer shall post notice of the annual meeting in accordance with the requirements of these Bylaws, posting a notice in the narthex of St John Church of Belle Plaine for a period of two weeks prior to the meeting.

 

Section 3. Filling Vacancies

Any vacancy in the Board of Trustees may be filled for the unexpired term by the vote of a majority of the trustees in attendance at a board meeting called for that purpose. The Chairperson votes to break a tie.

 

 

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ARTICLE IV

 

Section 1. Annual Meeting

The Association members’ annual meeting shall be held on or about the second Tuesday in August at such time and place as the Board of Trustees shall determine. At this meeting, trustees shall be elected by a majority vote of the members present.

 

Section 2. Notice of Annual Meeting

Notice of the time and place of the annual meeting of members shall be given by letter, postings at the church, or on social media.

 

Section 3. Special Meetings

Special meetings of the Association may be called by the Chairperson or the Board of Trustees or by a majority of the members of that Board.

 

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ARTICLE V

 

Section 1. Principle Officers

The principle officers of St John Lutheran Cemetery Association shall be a Chairperson and a Secretary-Treasurer. A majority vote of the Board of Trustees shall elect the principle officers.

 

Section 2. Other Officers

The Board of Trustees may elect or appoint other officers and assistant officers as necessary.

 

Section 3. Election

Officers of the Association shall be elected annually by the Board of Trustees and shall hold office until their successors have been elected or until death, resignation, or removal.

 

Section 4.  Powers and Duties

All Officers shall have such powers and perform such duties as may be determined from time to time by the Board of Trustees. In the absence of specific directives by the Board, officers shall have such powers and duties as generally pertain to their respective offices. The Board must approve all subcontractors hired to perform work in the Cemetery. 

 

​Section 5. Absences

In the absence of an officer or when any cause shall affect an officer’s ability to serve, the Board of Trustees may delegate the powers and duties of such officer to any other officer or a member of the Board.

 

 

ARTICLE VI 

 

Section 1.  Establishing the Maintenance and Preservation Fund

The Association shall establish Perpetual Care Fund(s) to provide permanent maintenance and preservation of the Cemetery.  The fund(s) shall be established in a State or Federally regulated financial institution.  The account should require two trustees as signatories.

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Section 2.  Investment of Maintenance and Preservation Funds

The fund(s) shall be invested and regulated according to direction of the Board of Trustees and the income earned from this fund(s) shall be used only to maintain and preserve the Cemetery. Interest, dividends and capital gains are not considered income for purposes of this fund(s) and will be retained as part of the principle of this account.

 

 

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ARTICLE VII

 

Section 1.  Wisconsin Cemetery Board Requirements

Each year, the Secretary-Treasurer shall file an annual report (Cemetery Association Annual Report), as required by the WI-DSPS, by March 31st based on the previous calendar year’s information. The report shall be filed in a form established by the WI-DSPS.

Officers and employees of the Association shall provide access to the Association's books, papers and securities to the Wisconsin Cemetery Board when requested and otherwise facilitate any examination of the Cemetery.

 

 

 

ARTICLE VIII

 

Section 1.  Burials and Interments

Only human remains may be interred, and only with the prior permission of the Association, and once appropriate burial fees have been collected or waived, and burial record paperwork has been filled out.  Fees will be determined by the Board and provided on a fee schedule that is regularly updated.

 

The remains of no more than one person may be interred in any one grave space, except in the case of the burial of cremated human remains.  Stacked burials are not permitted.

 

Private mausoleums will not be permitted.

 

Resale of cemetery plots is not permitted.

 

All funerals, upon reaching the Cemetery, shall be conducted under the supervision of a Trustee or an appointed representative of the Association. 

 

All funeral and burial expenses accrued is placed upon the plot owner (or agent/power of attorney/family).  The Church and Cemetery Association are not responsible for any funeral or burial related expenses.

 

Plot owners shall be responsible for charges for digging, opening and closing the graves.  Plot owners are also responsible for headstone placement.

 

Section 2.  Eligibility for Burial Requirements

Individuals affiliated with St John Lutheran Church of Belle Plaine (the Church) are automatically eligible to obtain a plot; affiliation is defined by (1) being a current member (or spouse) of the Church, (2) baptized in the Church, or (3) confirmed in the Church.

Fellow Christians not affiliated with the Church will be reviewed and voted on by the Association.

 

 

Section 3.  Burial of Cremated Human Remains

While vaults are not required for the burial of cremated human remains, the Association strongly recommends that cremated human remains be buried in a permanent container that can be accommodated by a 16” x 16” x 24” space.

 

 

Section 4.  Rules Governing Vaults

The use of vaults is required for the burial of all full human remains.  While vaults are not required for the burial of cremated human remains, the Association strongly recommends burying cremated human remains in a permanent container and in a way that can accommodate a second container if requested.  No metal vaults or vault liners shall be permitted.  All vaults must have a concrete outer shell.  A casket composed of composite material shall be permitted for the burial of an infant. 

 

 

 

Section 5.  Rules Governing Graves, Gravesites and Headstones

No stone or monument, live tree or live plant, shall be placed on, or removed from, any grave unless approved by the Chairperson and sanctioned by the Board of Trustees.  If this regulation is violated, the Association, at its discretion, may remove the stone, monument, tree, plant or other decoration. 

 

To protect the property and the gravesites any placement of live plants or trees is generally prohibited.  Approval may be obtained with prior approval of the Cemetery Association (placement in above ground containers is permitted).  Board approval is required prior to any live planting. If prior approval is not obtained, the Association may remove the tree and plant.  

 

From time to time, it may be necessary to move headstones and/or plantings in order to open a grave for burial.  This should be seen as a normal part of conducting the business of the Cemetery.  The temporary disruption will be corrected as soon as is practical.  Any losses that occur due to the necessary moving of headstones or plantings are not the responsibility of the Association.

 

While due care will be exercised, St John Lutheran Cemetery Association bears no responsibility for damages to temporary or permanent grave markers due to normal operations of the Cemetery.  Perpetual care shall be included in the price of the lot. Perpetual care does not include maintenance or repair of any gravestones or monumental structures erected upon lots or graves nor the planting of flowers or ornamental plants.

 

 

Section 6.  Rules Applying to the Care and Appearance of the Cemetery

At times, because of the proximity of the graves, it is necessary for the Association to temporarily remove a grave stone, plantings or trees in order to facilitate a new burial.  At times, it is also necessary to temporarily place a pile of dirt, tents, chairs or tools on adjoining plots in order to accommodate a burial.  These should be seen as normal and necessary activities of the Cemetery and will be rectified as soon as possible by, or under, the supervision of the Board or approved individual.  

 

At times, trees and/or plants may need to be removed if they are causing damage or have the potential to cause damage to graves, headstones or other Cemetery property, pose a safety hazard, or are deemed to be (1) overgrown, (2) block views of, and access to, existing headstones, (3) are significantly compromised due to equipment, weather or animal damage, (4) block pathways or roadways, or (5) substantially reduce the esthetic beauty of the cemetery.  The permanent removal of these trees or plants shall be at the discretion of the Board of Trustees. 

 

The Association will not be liable for damages resulting from the mowing of the grass, the removal or cutting back of weeds, or from any other necessary routine upkeep to the Cemetery grounds.  The Association will not be held liable for damages caused to graves, gravesites, headstones or memorials that result from acts of nature or vandalism.

 

 

 

 

ARTICLE IX

Amendments

BYLAW AMENDMENTS. These bylaws may be amended by a majority vote of the members in attendance at any annual meeting or a special meeting called for that purpose.

 

 

 

 

 

By order of the Board of Trustees

St John Lutheran Cemetery Association of Belle Plaine

Clintonville, WI

Shawano County

Established: 8/22/2025

Revisions: none

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Alicia Thorson - Chairperson