[Ord. No. 08-02, 3-10-2008; amended in its entirety 1-13-2014 by Ord. No. 14-01]
(a) 
Size. The Cemetery Board shall consist of five members who shall be appointed by the Mayor and confirmed by the Common Council. All members of the Cemetery Board shall be residents of the City of Lake Geneva. At least one member shall be a Common Council representative.
(b) 
Term. The terms of all members of the Cemetery Board shall be for two years. For the term beginning on May 1, 2014, two citizen member's terms shall expire April 30, 2015, and two member's terms shall expire April 30, 2016. Any member of the Common Council appointed to the Cemetery Board shall be appointed for a one-year term and be appointed at the annual organizational meeting or at a reasonable time thereafter.
(c) 
Eligibility. Any elector of the City, whether or not he/she holds a public office, shall be eligible to be appointed as a member of the Cemetery Board. No more than two members of the Common Council shall be members of the Cemetery Board at any one time.
(d) 
Members of the Cemetery Board shall serve without compensation.
(a) 
Officers of the Cemetery Board shall be elected annually in May.
(b) 
Officers of the Cemetery Board shall be elected by the appointive members of the Cemetery Board. The Cemetery Board shall select a President, Vice President and Secretary.
(a) 
The Cemetery Board shall have the following authority and duties:
(1) 
Serve in an advisory capacity to the Common Council on all cemetery related issues.
(2) 
Cooperate with the Director of Public Works, subject to final authority by the Common Council, in allocating labor and machine work necessary to landscape and maintain the cemetery grounds in accordance with rules and regulations of the cemetery.
(3) 
Recommend, in cooperation with the Comptroller and Administrator, to the Common Council, from time to time, as to the investment and handling of cemetery accounts and funds.
(4) 
Communicate with the public, in cooperation with the Comptroller and Administrator, as to the funding needs of the cemetery, as those needs may change from time to time, for the purpose of promoting the proper designation of purpose for the funding, when members of the public are considering gifting or bequesting monies to the cemetery.
(b) 
All meetings shall be held at City Hall.
(a) 
Final authority. The Common Council shall have the final authority over all issues and decisions which will likely have a substantial effect upon the cemetery. The Common Council may not take action on such issues or decisions until after review and recommendation by the Cemetery Board. However, the Common Council may direct any other specific issue not enumerated herein, to the Cemetery Board for review, whereby the Cemetery Board shall have 60 days to complete a review and report a recommendation to the Comptroller. If the Cemetery Board fails to report on any issue within such sixty-day period, the Common Council may act without recommendation, unless more time is specifically granted to the Cemetery Board by resolution of the Common Council. This authority shall cover, but not be limited to, the following issues:
(1) 
Accepting or conveying personal property with a fair market value of greater than $1,000.
(2) 
Borrowing or lending funds.
(3) 
Cemetery employee labor relations and negotiations.
(4) 
Entering into any service or other contracts where the consideration for such contract has a fair market value of greater than $1,000 in any one-year period.
(b) 
Exclusive authority. The Common Council shall have exclusive authority, which means it has the sole authority to act with or without review and recommendation of the Cemetery Board, over the following issues:
(1) 
Accepting or conveying any interest in real estate, other than for the sale of burial lots or individual grave site easements.
(2) 
Investment and control of all cemetery accounts and funds, including, but not limited to, the investment and control of all gifts, memorials or bequests from estates. The Administrator and/or the Comptroller may be directed by the Common Council to act as representative of the Common Council for the purpose of carrying out the Common Council's authority under this subsection.
(a) 
The Comptroller shall be responsible for the administration of all cemetery accounts and funds and is subject to the direction and authority of the Common Council as provided in Section 2-304(b)(2). This responsibility includes, but is not limited to, bookkeeping, accounting, collection and disbursement of funds, and any other duties as specified elsewhere in this division or this Code, as such duties relate to the cemetery.
(b) 
The Comptroller shall annually report to the Common Council as to the status of all cemetery accounts and funds. Annual reports shall include, but not be limited to, the following:
(1) 
An accounting of amounts deposited in, amounts withdrawn from, other income accruing to and the balance at the close of the reporting period of such accounts.
(2) 
An accounting of all gifts received, income from gifts deposited in accounts not accounted for under Subsection (b)(1) of this section, amounts expended from those accounts and the balance of those accounts at the end of the reporting period.
(3) 
The name of any financial institution or other location of funds at the close of the reporting period.
(c) 
The Comptroller may, according the direction of the donor and the conditions of any trust, invest or otherwise dispose of the moneys or property received by him or her in trust for any of the purposes of this division and according to the terms of the trust. The Comptroller shall in all things faithfully discharge such trust according to law.
The Cemetery Board, under its normal meeting procedures, shall review and prepare a recommendation for the Common Council on all cemetery-related issues, with the exception of those issues falling under the Common Council's exclusive authority as designated in Section 2-304(b). The Common Council may also direct the Cemetery Board to review and prepare a recommendation on any cemetery-related issue, as the Common Council deems appropriate. The Cemetery Board shall then report in writing to the City Clerk all such issues that have been acted upon by the Cemetery Board. The Clerk shall place all such reported issues on the consent agenda for action or approval at the Common Council's next regularly scheduled meeting. If necessary, the Administrator may petition for the scheduling of a special meeting for an issue which requires immediate action or approval. Any member of the Common Council may choose to take an issue off the consent agenda according to the Common Council's normal procedural requirements, as that member deems appropriate. The Cemetery Board, in so reporting such issues to the Clerk, shall provide a background summary of the issue and a specific recommendation to the Common Council as to action or approval.
The Cemetery Board shall hire a Sexton, subject to the approval of a majority of the Common Council, whose salary shall be paid from funds as specified by the Common Council. The Sexton shall be responsible for the day-to-day operations of the cemetery, subject to the direction of the Director of Public Works and final authority of the Common Council. The Sexton may attend Cemetery Board and/or Common Council meetings, but is not required to and will not be paid for such attendance unless specifically directed to attend by affirmative vote of the Cemetery Board or the Common Council. The specific duties of the Sexton shall include:
(1) 
Administration and enforcement of the rules and regulations of the cemetery as established in Section 2-308(b);
(2) 
Serving as an advisor to and representative of the Cemetery Board as directed by the Cemetery Board.
(a) 
Cemetery Board's procedural rules. The Cemetery Board shall adopt its own procedural rules for the operation of its meetings and for other purposes, as needed.
(b) 
Establishment and review. The Cemetery Board shall establish and at least annually review rules and regulations for the cemetery, as well as a fee schedule for all cemetery-related fees, easement prices, and the like. A copy of such rules and regulations and fee schedule shall be kept and made available to the public at the Clerk's and the Comptroller's office. The Cemetery Board shall report in writing to the Clerk and Comptroller any proposed change, repeal or amendment to the rules and regulations and fee schedule as the Cemetery Board has deemed appropriate by affirmative vote. The Clerk shall then place such proposals on the consent agenda for action or approval at the Common Council's next regularly scheduled meeting. Any member of the Common Council may choose to take a proposal off the consent agenda according to the Common Council's normal procedural requirements, as that member deems appropriate.