Computer Glitches and other Catastrophes - a Signal of the County Confiscating the Cemetery

Special Editorial Analysis

It is possibly older than Fair Oaks, though no one knows for sure. Few records exist of the origins of the Fair Oaks Cemetery, but most local historians agree that the Cemetery was here in the 1800's. Whenever the Cemetery came into existence, it is a landmark of local historical significance. More importantly, it is a sacred record of the people who founded our fine community, and of many people who still live in Fair Oaks. Headstones with the names Broadley, Buffum, Osgood, Watson, and so many others, stand as monuments to the rich history and continuing legacy of the family names that continue one generation after another.

The Fair Oaks Cemetery, however, is in trouble. Many Fair Oaks residents fear that it is too late to save the "desecrated ground."

So much is amiss at the graveyard that it is hard to determine where to begin a final analysis. The best place to start, it seems, is at the top.

Sacramento County Supervisor Dave Cox is responsible for the seven-ring circus that lights up the sacred burial ground of Fair Oaks every second Wednesday of the month. As much as Cox would like to say that the problems are not his fault, because they already existed when he took over as the District Four Supervisor, he can't deny that the problems plaguing the Olive Street landmark have been brought to his attention by a great number of concerned Fair Oaks residents, referred to as "lunatics" and "turkeys' by staff at the Cox office. Countless letters and endless phone calls have been made to Cox's office, but nary a one has received more than a quiet grumble in response. Articles have appeared in at least three Sacramento-area publications, each detailing problems with the board's handling of the cemetery.

Through it all, Supervisor Cox remains silent, and continues to transmit the same fax concerning the Cemetery Board's right to hire legal services, and the right of the Sacramento County Board of Supervisors to assume the role of the Fair Oaks Cemetery District Trustee.

Fair Oaks Guardian sent the same questions (via e-mail) that have been asked by the press and public for the past three years, yet the only responses given by the Cox office were again a recitation of the Health and Safety Code that authorizes the Cemetery Board to hire an attorney, and a recitation of Division 7, section 8259 of the Health and Safety Code authorizing the County Board of Supervisors to assume the role of trustee of the cemetery should the County Supervisors find it necessary to take such action.

Many of the Fair Oaks residents who are concerned about the public burial ground are indeed afraid that Cox is trying to take control of the Fair Oaks Cemetery District, by claiming either: 1) the board is no longer competent to conduct Cemetery District Business, or that 2) the Cemetery will fall into bankruptcy and will require being bailed out by the County.

Cox is surely aware of the sour taste that still lingers over Fair Oaks losing its fire district. If he did take the cemetery from the people of Fair Oaks, Cox would hurt his chances to run a successful campaign among Fair Oaks voters for any of a number of public offices that will become vacant in 1998, due to the term limit statute.

Still, concerned residents are afraid that the County Supervisors aren't paying attention, and point to many problems that do seem as though the Cemetery Board wants to force the Fair Oaks Cemetery District into the hands of the County, or into Chapter 10 Bankruptcy-one of three advisements given on April 10, 1996, by the Bleier Law Firm during it's presentation of the Lee v. Fair Oaks Cemetery District pending against the Cemetery Board.

The Cemetery Board is allowed to hire legal counsel, but it's not apparent that the chosen legal counsel acts within the interests of the Districts several communities. Bob Hunt, the Bleier Law Firm attorney representing the District, presented the Cemetery Board with a bill for September legal expenses of $13,976. (The claims report presented to the public this October did not reflect the previous August balance of $7200.50.) Over $9000 of that total was charged for an appeal of the verdict against the District in the Lee v. Fair Oaks Cemetery District suit. The Cox office will not offer an explanation for the reasons why the Cemetery District continues to press forward an appeal for which no one is confident of a victory. The only information is that Coregis (the District's insurer in the appeal) has "`reserved their rights' not to pay the judgment on coverage grounds." If that happens, the District must pay the judgment, and all attorney's fees.

An elected Board, accountable to local voters, would not act as recklessly as the current Cemetery Board, which is seated by appointment from the County Board of Supervisors.

That appointment process is another thorn in the side of local residents. Upon the appointments of Jerry Schroeder and Gordon Hamilton, the minutes of the Cemetery Board meeting of June 3, 1992, specified respective termination dates of June, 1993, and June, 1995. Letters sent from the county office to Schroeder and Hamilton on February 15, 1996, designated the limits of term of both trustees as December, 1996. Many Fair Oaks residents are angry that the extension of Schroeder's and Hamilton's terms came long after their terms had expired. The only justification received by Fair Oaks Guardian for the extended terms is, once again, a recitation of Section 8952 of the Health and Safety Code, which (again) authorizes the County Board of Supervisors to dissolve the Cemetery Board and assume the office of trustee of the Fair Oaks Cemetery District.

Residents claim that, by rights, Schroeder received preferential treatment from the Supervisor, and more specifically sanction now from Dave Cox. That, too, has made many people angry, because the residents of the Fair Oaks Cemetery District feel that Schroeder is the most to blame for the fiasco that has become the Cemetery Board.

It is apparent, upon attending a Cemetery Board meeting, that Schroeder forces his will upon the board.

During the October 9 regular meeting, in which trustee Carolyn Flood and District Manager Calvin Fuller were not present, Schroeder's motion to appoint Office Manager Terri Perrin to the position of District Manager during Fuller's unspecified medical leave was rousingly rebutted and opposed by trustees Carter, Hamilton and Massey. Unlike the countless times when Schroeder routinely brushed aside motions by trustee Massey that died for lack of a second, the indignant Cemetery Board Chairman crossed his arms and legs and refused to let the motion die. Schroeder vehemently restated his desire to appoint Perrin as District Manager in Fuller's absence, and managed to reword his motion for trustee Carter to carry back to the table. Though Schroeder's overzealous desire was originally opposed by the board, 3-1, the original motion resurfaced and was passed, 3-1 (Massey opposed), giving Perrin the authority of District Manager during Fuller's absence.

Hamilton and Carter were never sure of what motion they had passed because of the tangled, verbal web created by Schroeder, and after the vote they tried to suggest that the position was only temporary-a stipulation not in the motion.

Residents are concerned that Fuller will not return from his medical leave (work-stress related) and that, with her new designation, Perrin will become the cemetery's district manager by default. Fuller, in talking with the Fair Oaks Guardian, said that not returning to his position at the Cemetery was "an option that I am looking at."

All but a few people who have attended recent Cemetery Board meetings agree that Perrin is incapable of performing the duties of District Manager. Perrin has stated in numerous meetings that she is too busy with her current responsibilities to start new projects.

Among those responsibilities are using the computer to its full potential. Perrin, at $32,000 per year plus insurance benefits, continues to log and track Cemetery records by hand. Schroeder defended her recent raise in salary, though Perrin lacked a job description and performance criteria for a raise.

Four years ago, the District purchased a computer with the stipulation that cemetery employees learn how to use it. During the September, 1996, regular meeting, a member of the public was able to expose Perrin's lack of computer training, but Schroeder angrily attacked the comment as "harassment"-a term used too frequently at the Cemetery District. Upon Schroeder's pronouncement, Perrin burst into tears and stormed from the meeting.

Arguments turned toward Jerry Schroeder's proposed purchase of a new computer system, a proposal that caused enough fervor to bring attending residents out of their seats, and which caused a boisterous outburst from Bob Hunt, the Bleier Law Firm attorney.

In the middle of the computer fervor, someone in the audience shouted "kickback," in reference to the large discount Schroeder received for personal computer purchases. In response to the allegation, Schroeder threw his hands in the air and leaned forcibly back in his chair with a thundering laugh. Hunt sprang from his chair with an angry shout.

"I just heard a woman accuse I-don't-know-who of a kickback," Hunt said. "I volunteered the services of our computer administrator to work with Mr. Carter, and to work with the manager, and to work with Mrs. Perrin, and it was gladly accepted at that time. I tell you we are finished. Our computer services are no longer available." Hunt did, however, continue as the acting secretary in Perrin's absence for the remainder of the meeting.

Schroeder insisted that the woman "flip-flopped" the purchase dates, because he bought his computers before purchasing the computer for the Fair Oaks Cemetery District. Schroeder's statement, however was inaccurate. On August 28, 1992, he purchased a computer for the Cemetery District. A month later, Schroeder purchased three computers for his business. The total amount of that purchase was $8945.10. Schroeder received a discount of $3436.

Nothing at the cemetery is accurate, and too many of the suspicions are based on innuendo, hopeful assumptions of wrong-doing, and an eagerness for everyone to take their swings at one another.

The Cemetery Board, with its fights against the public and it's biting comments to each other, is no longer able to perform its function properly. Plot prices have risen beyond the affordability of many long-time Fair Oaks residents-with direct sanction from Dave Cox's office. Board meetings cause office managers to run home in tears and give superintendents reason to sue the district for health related problems caused by attending the meetings. Suspicions of lawsuits brought by employees of the Cemetery District against Cemetery Board members abound.

Cox can't take the cemetery away from the people of Fair Oaks. It would be near political suicide. More importantly, however, it would be wrong.

The Cemetery Association was founded in 1902 for the purpose: "...to establish, layout, improve, embellish, beautify, maintain and preserve a cemetery near the town of Fair Oaks, in the County of Sacramento, State of California. And for that purpose to acquire, receive and hold by purchase, donation or device, land to be held and occupied exclusively as a cemetery for the burial of the human dead-to survey and subdivide the land so acquired and held into lots and plots, avenues and walks, and to file a map, or maps thereof in the office of the recorder of the said County of Sacramento, and to sell and convey the said lots and plots to purchasers and to apply the surplus arising from the sale of said lots and plots and all other sources, after the payment of said lands, and the debts and the expenses of corporation to the improvement, embellishment, and preservation of said cemetery, and to do all other things required in the establishment and maintenance of said cemetery, including as one of the purposes of said corporation the establishment and maintenance in said cemetery one or more crematories, for cremation of the bodies of the dead. The term which said corporation is to exist is fifty years, and its principle business is to be transacted in Fair Oaks, County of Sacramento, State of California."

Many grandchildren of the people who founded the Fair Oaks Cemetery still live in the community. It is only right that they children get an opportunity to care for such historical ground.

County Supervisor Dave Cox needs to become proactive, and in a hurry, before the Fair Oaks Cemetery falls into such a deep legal hole that we can't dig it out. He needs to help Fair Oaks dissolve the current Cemetery Board so that we can replace it with elected trustees.