[HISTORY: Adopted by the Rockland County Legislature as indicated
in article histories. Amendments noted where applicable.]
[Adopted 8-3-2021 by Res. No. 384]
In order to set the expectations of the public with regard to
the entitlement to burial at the Rockland County veterans cemeteries,
and to provide for the respectful and orderly presentation of the
Rockland County veterans cemeteries, the Legislature of the County
of Rockland hereby provides these policies and rules for its operations
and maintenance.
For the purpose of these rules and policies, the following definitions
shall apply to the following terms:
Acceptable documentation sufficient to show that the requirement
of Rockland County residency has been met, which may include tax bills,
income tax statements, utility bills or bank statements issued within
90 days prior to the burial grave or plot request.
Burial in a Rockland County veterans cemetery.
Contract between the County of Rockland and the persons or
companies that conduct burials.
Person responsible for collecting required documentation,
assigning the burial graves and plots, and conducting the burial.
Legally recognized child of a veteran who is under the age
of 18, or has a mental or physical disability that was medically documented
prior to age 18.
Municipal corporation that forms the county-level government
of Rockland County, New York.
Person who dies for whom burial is being requested.
Employee of the County of Rockland holding the civil service
title "Director, Facilities Management."
Documentation that must be shown as proof that someone is
a veteran, spouse, child or gold star parent eligible for burial.
Burial that takes place with urgency due to religious reasons.
A division of the Department of General Services at the County
of Rockland led by the Director of Facilities Management that maintains,
operates and improves the Rockland County veterans cemeteries.
List of the fees charged for burial services under the burial
contract, subject to change.
Director of the decedent's funeral home or the person
requesting the burial.
Parent of a veteran who died in a situation listed in 10
U.S.C. § 1126(a), and who had a relationship with the deceased
veteran as provided in 38 U.S.C. § 101(5).
Action taken by the County of Rockland, State of New York
or United States federal government, or a government official, body
or agency that affects Rockland County veterans cemeteries.
Veterans Service Agency policy that sets forth the policies
and procedures for obtaining grave markers for a spouse, child or
gold star parent.
Required military service for a veteran to qualify for burial.
Required residency in Rockland County for a veteran to qualify
for burial.
Gary Onderdonk Veterans Memorial Cemetery and Frederick W.
Loescher Veterans Memorial Cemetery, which are located within Rockland
County, and are owned and operated by the County of Rockland for the
burial of eligible persons.
Legally recognized spouse of a veteran.
Existence of a documented relationship to a veteran as required
under this code.
A person who served in the active military, naval or air
service, was discharged or released therefrom under conditions other
than dishonorable or its equivalent, and meets the requirement of
military service and requirement of Rockland County residency.
Employee of the Veterans Service Agency who determines whether
the documentation requirements have been met, and authorizes burials.
Department of the County of Rockland that provides services
to veterans.
A.
Rockland County veterans cemeteries shall be available for the burial
of eligible Rockland County veterans, and their spouse, child or gold
star parent, where the following documentation requirements are met:
(2)
The spouse shall be eligible for burial with acceptable documentation
verifying status and proof of legal marriage at the time of death
of the veteran or spouse, whichever occurs sooner, as required in
38 U.S.C. § 101(3) relating to surviving spouses. The spouse
need not be of the opposite gender to qualify as a spouse herein.
A spouse's eligibility for burial shall be contingent on the
associated veteran's eligibility for burial, but the veteran
need not predecease the spouse.
(3)
The child shall be eligible for burial with acceptable documentation
verifying status. A child's eligibility for burial shall be contingent
on the associated veteran's eligibility for burial, but the veteran
need not predecease the child.
(4)
A gold star parent shall be eligible for burial with acceptable documentation
verifying status. A gold star parent's eligibility for burial
shall be contingent on the associated veteran's eligibility for
burial.
B.
Each eligible veteran shall be entitled to one plot with two burial
graves on top of each other, unless at least one of the following
exceptions applies:
(1)
A veteran shall be entitled to separate plots, each with one burial
grave, for religious reasons. Proof of the necessity for separate
plots for religious reasons, or, if adjacent plots are requested,
proof of the necessity for separate adjacent plots for religious reasons,
shall be provided to the Veteran Burial Coordinator before any such
request may be processed or approved.
(2)
A veteran shall be entitled to two plots with a total of three burial
graves if one of the burial graves is for a child.
(3)
If the spouse is also a veteran, each veteran shall be separately
entitled to the permissible number of plots and burial graves.
A.
For a veteran to be eligible for burial, the veteran shall have met
the following requirement of military service:
(1)
Death during active duty or active duty for training, as defined
in 38 U.S.C. § 101(21) through (22); or
(2)
Full-time active duty, as defined in 38 U.S.C. § 101(21),
other than active duty for training; or
(3)
If enlisted after September 7, 1980, or entered active duty after
October 16, 1981, at least 24 months of full-time continuous active
duty or full-time period for which the veteran was called to active
duty.
B.
The following documentation shall be required as proof that the requirement
of military service has been met:
(1)
A DD-1300 Casualty Report; or
(2)
A DD-214 or DD-215 certificate demonstrating a discharge other than
dishonorable, or its equivalent; or
(3)
A War Department Form 53, 53-55 or 53-98 (used by the Army), or NAVPERS
Form 553 (used by the Navy), or NAVMC Form 553 (used by the Marines
in the 1940s); or
A.
The Veteran Burial Coordinator shall only process and approve a burial
request for a decedent after:
(1)
The funeral requestor submits to the burial designee complete documentation
sufficient to satisfy the documentation requirements; and
(2)
The burial designee submits a written request for burial, together
with documentation sufficient to satisfy the documentation requirements,
to the Veteran Burial Coordinator.
B.
Acceptable originals or copies of documentation sufficient to meet
the documentation requirements shall be required. The Veterans Service
Agency may certify acceptable documentation.
C.
All documentation submitted by the Funeral Requestor to the burial
designee shall be subject to the approval of the Veteran Burial Coordinator.
No burial may be scheduled or occur without satisfaction of the documentation
requirements and prior authorization from the Veteran Burial Coordinator.
D.
The burden of proof and responsibility to meet the documentation
requirements shall rest upon the individuals requesting the burial.
The Veteran Burial Coordinator and the burial designee shall be available
for reasonable assistance with the process.
E.
The Veteran Burial Coordinator shall utilize discretion to approve
acceptable documentation.
F.
Any request for an exception to the documentation requirements shall
be made in writing to the Veteran Burial Coordinator. Such requests
shall not be considered until the death of the individual for whom
such an exception is requested, and shall only be granted in extremely
limited and extenuating circumstances.
G.
The Veteran Burial Coordinator shall issue a decision as to eligibility
for burial within two business days of receipt of a complete documentation
package. Any deviation from the time frames set forth herein shall
be made at the discretion of the Veteran Burial Coordinator. The Veteran
Burial Coordinator shall provide notice to the funeral requestor if
such deviation occurs.
H.
The Veteran Burial Coordinator may pre-qualify veterans for burial
in a Rockland County veterans cemetery during their lifetimes. Pre-qualification
shall only be issued if the veteran meets the documentation requirements,
and shall be subject to the discretion of the Veteran Burial Coordinator.
Pre-qualification shall not guarantee the availability of burial plots
to veterans.
I.
Burial grave and plot reservations made prior to December 31, 2020,
shall be honored.
A.
The Veteran Burial Coordinator shall review requests for expedited
burial for religious reasons. Any such requests shall be brought to
the Veteran Burial Coordinator's attention as soon as possible.
B.
Proof of the necessity for expedited burial for religious reasons
and documentation showing that the documentation requirements had
been met shall be provided to the Veteran Burial Coordinator before
any such request may be processed or approved.
C.
Decisions relating to expedited burials shall be made at the discretion
of the Veteran Burial Coordinator.
A.
All fees associated with burials shall be set forth in the Fee Schedule.
Fees shall be subject to change by the Veterans Service Agency.
B.
Fees shall be nonrefundable unless extraordinary circumstances arise.
C.
A fee shall be paid for each plot. Where a second person is buried
in the same plot, the only charge for the second decedent's burial
shall be for opening and closing the grave.
D.
In accordance with County Law § 222, any member of the
armed forces of the United States who was a resident of Rockland County
at the time of induction into the armed forced of the United States,
and who was killed in action, may be buried at a Rockland County veterans
cemetery at the expense of the County of Rockland, at the option of
the next of kin.
A.
All burials shall be conducted in accordance with the provisions
of New York County Law § 222, New York General Municipal
Law § 148, and the burial contract in place at the time
of burial.
B.
The Director of Facilities Management shall assign burial graves
and plots in conjunction with the burial designee.
C.
The Veteran Burial Coordinator shall authorize the burial designee
to arrange for the opening and closing of grave(s) upon request from
the funeral requestor.
D.
Burials shall take place during daylight hours only, from Monday
to Saturday, excluding holidays.
A.
Graves shall not be altered in appearance in any manner by anyone
other than persons designated by the Director of Facilities Management.
B.
No landscaping materials including, but not limited to, trees, shrubs
and plantings (including annuals and perennials) shall be permitted
on or near any grave.
C.
The Facilities Management Division, at its own expense, shall install
one ground-level vase behind grave markers for the placement of all
live or cut flowers. Only one ground-level vase shall be allowed per
grave.
D.
Grave wreaths shall be permitted for religious holidays, up to two
weeks prior to a religious holiday.
E.
Cut flowers, floral arrangements, wreaths, and any other items left
by the funeral party or visitors shall be removed at the discretion
of the Director of Facilities Management.
F.
Any veterans, patriotic or fraternal flag holders shall be placed
immediately behind the headstone, no higher than 12 inches above ground
level.
G.
With the exception of flag holders, grave markers or any fixtures
caused to be installed by the Director of Facilities Management, no
aboveground fixtures such as, but not limited to, urns, tubs or hanging
baskets shall be placed.
H.
All graves shall be kept flat with the surrounding area.
A.
Only flat, granite U.S. government markers for veterans or approved
spouse, child or gold star parent markers shall be permitted at the
head of a grave.
B.
All veteran grave markers shall be provided by the United States
Department of Veterans Affairs at no charge pursuant to 38 CFR § 38.630(c)(3)(i).
Veteran grave markers shall be ordered by the Veteran Burial Coordinator
upon completion of the VA Form 40-1330 following the procedures set
forth in 38 CFR § 38.632.
C.
Any grave marker for a spouse, child or gold star parent buried in
the same plot as the associated veteran shall be made of the same
stone type, in the same size and style as that permitted for a veteran
in accordance with the marker policy. The marker policy shall be subject
to change by the Veterans Service Agency.
D.
The County of Rockland, State of New York and the United States federal
government do not provide grave markers for a spouse, child or gold
star parent. Such grave markers shall be purchased privately under
38 CFR § 38.630(c)(3)(ii).
E.
All grave markers shall be installed in coordination between the
Director of Facilities Management and the Veterans Service Agency.
F.
Grave markers shall be flat and even with the ground. The top of
a grade marker foundation shall be covered to grade with soil.
G.
Only one marker shall be permitted for each decedent.
A.
The Director of Facilities Management shall be responsible for maintaining
and taking corrective action at Rockland County veterans cemeteries.
B.
The Director of Facilities Management shall be responsible for coordinating
the reseeding and filling of graves upon discretion based on factors
including, but not limited to weather, growing conditions and season
of the year.
C.
The Director of Facilities Management may engage in or arrange for
cemetery landscaping and planting for general beautification.
D.
The Director of Facilities Management shall maintain the ground-level
vases behind grave markers.
E.
The Director of Facilities Management shall not order grave sites
to be mounded.
Visitation of graves shall be permitted during daylight hours
only, seven days a week, including holidays.
The interpretation and implementation of these rules, and anything
not specifically addressed herein, shall be left to the discretion
and approval of the Veterans Service Agency.
Where a government action affects Rockland County veterans cemeteries
for health, safety, or any other reason, and the government action
interferes with the veterans cemeteries policy herein, any provisions
of the veterans cemeteries policy that conflict with the government
action shall be suspended until such government action is no longer
in effect.
If any clause, sentence, paragraph, subdivision, section or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, effect or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part of this
chapter or in its application to the person, individual, corporation,
firm, partnership, entity or circumstance directly involved in the
controversy in which such order or judgment shall be rendered.
